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Can you mandate the Covid-19 vaccine at your workplace?
The Covid-19 vaccine rollout has quickly been gaining momentum over the past few months as Australia scrambles to get back on track and open back up again.
Admin
Oct 5, 2021
The Covid-19 vaccine rollout has quickly been gaining momentum over the past few months as Australia scrambles to get back on track and open back up again. With more than 53% of the Australian population over the age of 16 fully vaccinated and many freedoms contingent on vaccinations, businesses are wondering whether or not they can mandate the Covid-19 vaccine at their workplace.
Some companies have already mandated vaccines at a workplace level and some industries (such as medical and construction) have imposed vaccination mandates. For employers who are interested in mandating the vaccine, the Australian Government has a no fault scheme to protect employers from costly claims that may arise from workplace vaccination. This gives employers a safeguard against potential claims if an employee was to have an adverse reaction to a Covid-19 vaccine.
There are many factors to consider when choosing whether or not to mandate the vaccine. The question is, what risks may your business face if you choose to mandate or not mandate?
KHQ Lawyers Director Chris Gianatti said: “Whether vaccines can be made mandatory is really about doing your homework on your safety risk assessments and understanding Government and client requirements. In Victoria, we now have the authorised worker mandate, but this still leaves all the other states and non-authorised workers in Victoria. Similarly, once you have “lawfulness” on your side, you need to consider and have a process for “reasonableness” too. Hopefully this white paper gives you a good guide on how to approach these tasks!”
The vaccination mandate process can be very difficult for employers, you need to know what you can and can’t do and how to best proceed with the vaccination process. If you need legal advice on this matter, talk to the experts at www.khq.com.au.