Dáil Éireann Debate, Tuesday - 27 July 2021
32. Deputy Johnny Guirke asked the Tánaiste and Minister for Enterprise, Trade and Employment if an employer will be required to segregate employees in terms of those vaccinated and non-vaccinated for Covid-19; and if he will make a statement on the matter. [40268/21]
View answer33. Deputy Johnny Guirke asked the Tánaiste and Minister for Enterprise, Trade and Employment if an employer will need to have employees carry Covid-19 vaccination passports on their persons for work purpose; and if he will make a statement on the matter. [40269/21]
View answerI propose to take Questions Nos. 32 and 33 together.
The Work Safely Protocol was recently updated to reflect information learned over the course of the COVID-19 pandemic. This revised Protocol incorporates current advice on the Public Health measures needed to reduce the spread of COVID-19 in the community and in workplaces and includes information on wearing of masks, ventilation of workplaces, vaccinations and antigen testing.
The Protocol is applicable to all sectors of the economy and sets out the minimum measures required in every workplace to prevent the spread of Covid-19 and to facilitate the re-opening of workplaces as well as the ongoing safe operation of those workplaces. All employers and employees need to continue to implement the measures set out in the Protocol.
Fundamentally, the decision to get a vaccination is voluntary and there are no plans to make vaccinations mandatory. Employers will have to bear this in mind when undertaking risk assessments and the organisation of work activities. Communication between employers and employees is important to identify any potential problems.
A balance exists between an employer’s legal obligation to protect the health of their employees and maintain a safe place of work and an employees’ right around privacy of their medical information. In this regard, in some circumstances, employers may be justified in requiring employees to inform them that they have been vaccinated. Implementation of such a stringent requirement in a workplace, would require a strong justification based on necessity, proportionality and on an assessment of risk. This should take into consideration specific organisational factors such as the presence of vulnerable persons in the workplace, any reasons the employee might potentially have for not disclosing such information and any directions or guidance of the public health authorities.
If an employee decides they do not wish to avail of the vaccination, an employer cannot compel them to do so. In this context, the employer must review their risk assessment and decide whether or not the employee can carry out their work without vaccination, and what other protective measures may be needed. There may be certain circumstances where it is deemed that, for their own safety, an unvaccinated person is not safe to perform certain tasks and, in such circumstances, the employer may have no option but to redeploy the worker. This decision would have to be agreed between the employer and the employee.
While the Health and Safety Authority cannot arbitrate on the particular role that an employee can be asked to undertake arising from a risk assessment, an employer can contact the Health and Safety Authority for advice on how best to carry out a risk assessment and comply with the Protocol. Separately, both employers and employees can access the services of the Workplace Relations Commission for advice on any work relations issue that might arise.
