Stay up to date with our latest News, Views & Resources by subscribing to our newsletter. We promise to provide you with quality content & the latest industry news.
Health and Safety Policy - COVID-19 – What you need to know
Your duties under the Health and Safety at Work Act (2015) (the HSW Act) extend to minimising the risks associated with the COVID-19 virus in your workplace. We recommend that all health and safety policies are updated to identify how the vaccination may help you meet your duties under the HSW Act. We summarise seven key points you will need to consider when updating your health and safety policy:
- Employers are encouraged to support employees to get vaccinated against COVID-19. This means that any policy should allow staff to book and get vaccinated during work hours.
- Mandatory vaccination in your workplace will be permissible only in limited circumstances.
- To implement a mandatory vaccination policy, you will need to consider whether your existing employment framework allows for this and whether the presence of unvaccinated persons genuinely creates a health and safety risk that you cannot reasonably accommodate.
- In most situations, roles or tasks within your business will have different levels of risk associated with transmission of the virus amongst employees and between employees and customers or clients. You have a duty to identify the risks associated and take reasonably practicable steps to mitigate those risks.
- Employers may allow only vaccinated staff to perform the more risky roles or tasks, only if your health and safety policy identifies vaccination as a measure to mitigate those risks.
- For workplaces that do not require mandatory vaccination, employers are entitled to ask whether employees are or intend to be vaccinated. However, employees are entitled to privacy and do not have to answer the question.
- To introduce a mandatory vaccination policy or other policies relating to the vaccine in your workplace, you will need to implement a rigorous process of consultation. Please contact us if you are considering a policy for your workplace as we can assist.
Balancing your obligations under the HSW Act alongside other rights and obligations under privacy law, human rights and broader employment laws can be a tricky labyrinth.
Every business situation is unique – what is considered “reasonably practicable” comes down to a number of factors including likelihood, degree of harm, and practical business considerations. There is no ‘one-size’ approach to compliance. You do not need to navigate this on your own, and we are available to provide tailored advice or template policies to you to adapt into your business.
We can also assist with:
- Wage subsidy advice
- Redundancy or restructuring processes
- Reviewing and updating your general health and safety policy
- Updating employment agreements to incorporate mandatory vaccination requirements
Mactodd’s Business, Employment and Health and Safety teams are here to assist you in these uncertain times. Don’t hesitate to contact us.
2022 BudgetRead More
Senior Associate Scott Donaldson and Senior Solicitor Alice Milne have released episode 3 of their podcast, Off the Record.Read More
Senior Associate Scott Donaldson and Senior Solicitor Alice Milne have released episode two of their podcast, Off the Record.Read More
He Waka Eke NoaRead More
Duncan Anderson, Associate, Mactodd Lawyers, QueenstownRead More
Senior Associate Scott Donaldson and Senior Solicitor Alice Milne have started a new video podcast where they address issues in law affecting Queenstown businesses.Read More
Mental health in the workplace Co-ownership arrangements Checking your home is accurately insured Helping your family before you pass away Notifications of privacy breaches increase significantly Post scriptRead More
- Defining a de facto relationshipRead More
Mann v Paterson Constructions Pty Ltd—Builders' Quantum Meruits Revisited' (2021) 37 Construction Law Journal 207 discusses recent changes to the law in Australia regarding restitutionary claims able to be made...Read More
Buying off the plans New edition of To Trust or Not to Trust Climate Action Toolbox Post-Covid working world An independent trustee PostscriptRead More
Rural Leases - Should be more specificRead More
Investment in Farming - A focus on syndicated farm investments The finite supply of water - Water easements Over the Fence - Crown Pastoral Land Reform Bill (submissions open), Synlait...Read More
The government’s Budget, presented by the Minister of Finance the Hon Grant Robertson on 14 May has addressed, in the words of the Minister, “a 1-in-100 year health and economic...Read More
These helpful checklists will guide you thought some of the most important areas you and your lawyer need to address when purchasing or selling a residential property and also when moving.Read More
Also includes comprehensive checklists to you don't miss out any important step as well as details on how to protect your assets and when you also need to consider a...Read More
Not all investments in NZ require consent from the Overseas Investment Office (“OIO”) but like many countries NZ has controls on overseas investment. Certain land is subject to OIO consent.Read More
This practical guide designed to steer you through the essentials of Family Trusts including: Is a family trust for you? Protection given by a Family Trust. Planning for your life. Duties of trustees and how to run a trust. Costs.Read More
Our local knowledge, experience and expertise will provide you with the support and advice you need for a successful property purchase, regardless of the size or complexity of the transaction.Read More
We have produced a practical guide on buying a home or an investment property in New Zealand in Mandarin.Read More
You’re catapulted into thinking about organising a funeral, whether it will be a cremation or burial and how to organise the day, and then you also need to think about...Read More