Dáil Éireann Debate, Tuesday - 27 July 2021
970. Deputy Róisín Shortall asked the Minister for Education if unvaccinated pregnant teachers and SNAs will be required to attend classrooms when schools reopen; the risk assessment undertaken for same; the steps she is taking to ensure their safety; and if she will make a statement on the matter. [39787/21]
View answerThe current COVID-19 arrangements in place for teachers and Special Needs Assistants (SNAs) are outlined in my Department’s Circular Letter 0021/2021. The Circular caters for special leave with pay arrangements where a teacher/SNA has been advised to self-isolate and cannot attend the workplace. It also caters for the working arrangements where a teacher/SNA has been advised by the HSE to restrict their movements or where the teacher/SNA has been categorised by the Occupational Health Service (OHS) as at a very high risk of serious illness from contracting COVID-19. In both these cases, the teacher/SNA remains available for work and must be facilitated by the employer to work remotely i.e. work from home. Upon the reopening of schools in March 2021, a pregnant teacher/SNA was advised by my Department to work remotely, pending further clarification from the HSE.
On the 12th July 2021, the HSE published ‘Education Sector Guidance on Employees in the COVID-19 Higher Risk Categories, including Pregnant Employees’. Based on this HSE Guidance my Department’s Information Note TC 0025/2021 published on 15th July sets out the working arrangements for the ‘Very High Risk’ and also the pregnant teachers/SNAs for the 2021/22 school year which states:
2.1 A pregnant employee who has any of the medical conditions as listed on the HSE website under ‘Very high risk groups (extremely vulnerable)’ should follow the process as detailed at paragraph 4.1 of Circular 0021/2021, with regard to a COVID-19 Health Risk Categorisation assessment.
2.2 Based on the HSE Guidance for the education sector, a pregnant employee up to 14 weeks gestation, who is medically fit for work can safely attend the workplace, unless they are categorised by the OHS as ‘Very High Risk’ due to an underlying medical condition unrelated to their pregnancy.
2.3 The recent HSE Guidance for the education sector advises that all pregnant employees should submit a COVID-19 Risk Assessment Questionnaire to the OHS before the end of their first trimester. The process as detailed at paragraph 4.1 of Circular 0021/2021 should be followed.
2.4 Based on the HSE Guidance, the OHS will take account of whether the pregnant employee has ‘significant vaccine protection’ at the time of the OHS assessment.
2.5 From 14 weeks gestation, a pregnant employee who:
(a) Does not yet have ‘significant vaccine protection’ and has no underlying medical condition, will be categorised by the OHS as ‘High Risk’ and must attend the workplace, following a workplace pregnancy risk assessment, if she is medically fit for work.
(b) Does not yet have ‘significant vaccine protection’, and has an underlying medical condition, she will be categorised by the OHS as either ‘High Risk’ or ‘Very High Risk’, based on most up to date HSE advice for higher risk groups. Where the employee is categorised by the OHS as ‘High Risk’ she must attend the workplace, following a workplace pregnancy risk assessment, if she is medically fit for work. Where she is categorised by the OHS as ‘Very High Risk’, she remains available for work and the employer must facilitate alternative working arrangements i.e. work from home.
The Government’s Work Safely Protocol published on 14th May, 2021 is a revision of the Return to Work Safely Protocol to reflect the Government’s Plan for Living with COVID-19. The revised Protocol incorporates the current advice on the Public Health measures and sets out the measures required in the workplace to prevent the spread of COVID-19, to facilitate the re-opening of workplaces following temporary closures and the ongoing safe operation of those workplaces. Employers must ensure that all work premises have implemented robust pre-return to workplace procedures and that all procedures comply with the Work Safely Protocol.
