When Could An Adverse Reaction To The Covid
If a worker submits a claim for an adverse reaction, injury, or death from the COVID-19 vaccine, it would have to be shown that the adverse reaction, injury, or death arose out of and in the course of the workers employment. WorkSafeBC considers:
- Whether the COVID-19 vaccination was a mandatory requirement of employment.
- If the worker sustained an injury as a result of the COVID-19 vaccination.
What Are The Vaccination Requirements
From Wednesday 11 August, construction workers will be listed as;, meaning;residents from these LGAs can attend a construction site in Greater Sydney if they meet the following vaccination conditions:
- has had 2 does of a COVID-19 vaccine
- has had 1 dose of a COVID-19 vaccine at least;21 days ago, or
- has had 1 dose of a COVID-19 vaccine within the preceding 21 days and have been tested for COVID-19 within the preceding 72 hours, or
- has a certified medical contraindication and has been tested for COVID-19 within the preceding 72 hours.
In addition to the above testing requirements they must also carry the following evidence:
- proof of residence
- evidence from the Australian Immunisation Register of their immunisation status as to whether they have had 1 or 2 doses of a COVID-19 vaccine
- evidence that they have been tested for COVID-19
- a certificate in the prescribed form stating any medical contraindications.
I Am Vaccinated Do I Still Have To Take Other Precautions Such As Physical Distancing And Frequently Washing My Hands
Yes. A safe and effective vaccine is only be one part of keeping the Australian community safe and healthy. It is important that you continue to take the following steps to prevent the spread of COVID-19:
- follow the public health orders in your state or territory
- dont attend work when you are unwell, have COVID-19 symptoms or have been told to stay at home by health officials
- do all you reasonably can to work safely, including observing controls your employer has put in place for COVID-19 such as physical distancing and cleaning processes and procedures)
- follow training and instructions your employer has provided to you;;
- ask if youre not sure how to safely perform the work;
- use personal protective equipment such as gloves in the way you were trained and instructed to use it, and;
- report any unsafe situations to your supervisor or to your health and safety representative .
Your employer is required to make sure everyone in your workplace keeps practicing COVID-19 control measures even after the vaccine;rollout begins.
Recommended Reading: What Covid Vaccines Are Available
Some Of My Workers Cannot Be Vaccinated Because Of Medical Conditions How Do I Protect My Unvaccinated Workers From Covid
A safe and effective COVID-19 vaccination is only one part of keeping the Australian community safe. You must continue to implement all reasonably practicable control measures in your workplace, such as such as physical distancing, good hygiene and increased cleaning and maintenance.;
You must also conduct a risk assessment to determine whether particular working arrangements should be put in place for workers who cannot be vaccinated. You should take into account the workers specific characteristics, the nature of your workplace and the type of work the worker performs. More information can be found on the vulnerable workers page.
Note About Industry Vs Occupation
The list provided below categorizes workers based on the industry in which they work, not based on their occupation . Although workers status as essential under the CISA guidance is most readily determined by the industry in which they work, their exposure risk may be largely determined by their occupation. Because the most efficient vaccination allocation strategy will take both essentiality and risk into account, jurisdictions should, where feasible, make efforts to prioritize workers in occupations characterized by the inability to work remotely and the need to work in close proximity to others within the below industries, as implied by the ACIP definition of Essential Non-Healthcare Workers.
Read Also: Which Covid Vaccine Is The Most Effective
Can Workers From The Identified Lgas Attend Construction Sites
Construction workers from affected LGAs are now considered workers, which enables them to work on construction sites subject to vaccination conditions.;Based on data from a recent Master Builders NSW survey, this means up to $30 billion in construction projects can restart from today, albeit at a reduced capacity.
- This means construction workers from the eight affected LGAs of concern can work on unoccupied sites within their LGA or leave their LGA for work, but they must meet vaccination conditions.
- The Public Health Order only allows the workers to leave for the purposes of work. That means when they are not working, all stay at home restrictions still apply.
- Workers from the affected LGAs who do not meet the vaccination conditions may not attend a construction site for work, including a construction site in the LGA of their residence.
- Workers outside the affected LGAs may travel into the LGAs for work and are not subject to vaccination requirements.
Does My Employer Have To Talk To Me Before Requiring Vaccinations At My Workplace
If your employer is considering introducing a mandatory vaccination policy in your workplace, they must consult with you and your health and safety representative , if any, before taking any action. Your employer must give you an opportunity to share your ideas and express any concerns and take them into account. You should let them know if there is a reason why you cannot be vaccinated.;
Consultation must occur using the established consultation procedures at your workplace, if you have any. Otherwise, consultation may occur broadly, for example, through staff messaging or more directly, through small group discussions, depending on the size and nature of your organisation.
More information is available on the consultation page.
Recommended Reading: How Soon After Covid Exposure Should You Be Tested
Acip Categories Of Essential Workers
- Essential Healthcare Workers :All paid and unpaid persons serving in healthcare settings who have the potential for direct or indirect exposure to patients or infectious materials. This includes persons not directly involved in patient care, but potentially exposed to infectious agents while working in a healthcare setting
- Essential Non-Healthcare Workers:Workers who are essential to maintain critical infrastructure and continue critical services and functions
- Frontline essential workers : The subset of essential workers likely at highest risk for work-related exposure to SARS-CoV-2, the virus that causes COVID-19, because their work-related duties must be performed on-site and involve being in close proximity to the public or to coworkers
- Other essential workers : Essential workers not included in Phase 1a or 1b
The interim CDC list that follows is intended to help state, local, tribal, and territorial officials and organizations prepare for the allocation of initially limited COVID-19 vaccine supply by mapping essential industries to corresponding COVID-19 vaccination phases and workforce categories, as recommended by ACIP. Standardized codes and titles may not perfectly align with the populations of workers described by CISA and ACIP. Other mapping approaches may produce slight variations of this list.
Should Bosses Go It Alone
It depends on their appetite for a potential legal challenge.;
Employers would need to consider whether telling staff to get vaccinated is lawful and reasonable in that specific context.
“The circumstances might include whether your industry is high-risk, whether workers will interact with vulnerable people, the particular circumstances of that workplace, and the inherent requirements of the individual’s role,” says Alexis Agostino, employment lawyer at Herbert Smith Freehills.
But Ms Agostino said employers also need to consider the roadblocks that stand in the way of staff getting vaccinated.
Vaccine supply is the most obvious one.;
“So instead of the stick, perhaps we look at ways we can encourage current employees to be vaccinated now, and then, once supply outstrips demand, we can look at other ways.”
The Therapeutic Goods Administration lists flight discounts;and a chance to win free movie tickets as;examples of compliant incentives a boss could offer staff to get the jab.
“Some employees are also rolling out access to medical professionals that might counter some of the vaccine hesitancy amongst their workforce, others are providing access to vaccination leave,” says Ms Agostino.
But for bosses who follow SPC’s lead, what’s not considered a reasonable direction now could become reasonable;when vaccine supply is no longer an issue.;
“The landscape is changing quite quickly,” she says.
Read Also: Can You Have A Drink After Covid Vaccine
Aged Care Workers And Others Who Work In Or Enter Aged Care Facilities
From 9am on 17 September 2021, the following categories of workers and service providers must not enter or remain on the premises of a residential aged care facility unless they have had at least one dose of a COVID-19 vaccine or produce a medical contraindication certificate :
- employees of operators of facilities, such as nursing staff, office staff, receptionists;
- a person who provides services for the facility for one or more residents . ;This does not include maintenance contractors, service providers engaged directly by individual residents, or students. ;;
The obligation to be vaccinated does not apply to person responding to a medical emergency, or a non-medical emergency, such as fire, flooding or a gas leak. ;
From 9am on 31 October 2021, a health practitioner or a student who is not included in the categories listed above must not enter or remain on the premises of a residential aged care facility unless they have had at least one dose of a COVID-19 vaccine, or produce a medical contraindication certificate . ;;
The obligation does not apply to a health practitioner who enters a residential aged care facility to respond to a medical emergency. ;;
The operator of the residential aged care facility must take all reasonable steps to ensure the vaccination obligations are complied with. ;;
I Will Not Be Able To Be Vaccinated Because Of A Medical Condition What Do I Do
A safe and effective COVID-19 vaccination is only one part of keeping the Australian community safe. Your employer must continue to implement all reasonably practicable control measures in your workplace, such as such as physical distancing, good hygiene and increased cleaning and maintenance.;
Your employer must also consider whether because of your circumstances, particular working arrangements need to be put in place for you. Your employer should take into account your specific characteristics, the nature of your workplace and the type of work you do. More information can be found on the vulnerable workers page. ;;
Recommended Reading: Is Insomnia A Symptom Of Covid
Essential Industry Classification Based On Cisa Guidance
In this list, industries are identified using the 2017 North American Industry Classification System pdf iconexternal icon. NAICS codes are hierarchical; the first two digits represent general categories of economic activities, and each subsequent digit provides another level of detail. CDC mapped standardized industry codes and titles to the most current CISA Essential Critical Infrastructure Workforce listexternal icon noted previously, identifying each essential industry within an ECIW sector. The CISA guidance is highly inclusive and aims to identify the full breadth of the essential critical infrastructure workforce. It also primarily describes industries , while the ACIP guidance groups workers into larger categories. The list below collapses NAICS codes into the highest level at which all component industries share a single CISA essential industry designation. Some essential critical infrastructure industries described in the CISA guidance do not directly align with a worker category identified by ACIP as Essential Non-Healthcare Workers and are thus noted as Not explicitly included by ACIP in this list.
In Punjab Many Get Covid Vaccine Faking As Construction Workers
Health Department, however, claims the beneficiaries were vaccinated in the presence of labour officers
Tribune News Service
Patiala, June 4
Thousands of ineligible persons are said to have got themselves vaccinated faking as construction workers in Punjab. The state had put construction workers in the priority group for vaccination.
Records reveal that around 1.5 lakh unregistered construction workers and their family members have been vaccinated by the state Health Department so far. Majority of them are, reportedly, fake. The vaccination of such persons was allegedly undertaken without proper verification. The Health Department, however, claims the beneficiaries were vaccinated in the presence of labour officers.
The Tribune team talked to some of the persons vaccinated under the construction workers category. It was found they were not construction workers or in any way associated with such work. In Tarn Taran, one such beneficiary turned out to be a housewife from a business family. The Labour Department is now verifying the data.
VK Janjua, Principal Secretary, Labour Department, said, Majority of the vaccinated unregistered construction workers are turning out to be traders and the like. We will fund only for the vaccination of genuine workers.
You May Like: Are Canker Sores A Sign Of Covid
The National Rollout Of The Covid
The Australian Governments COVID-19 Vaccines National Rollout Strategy identifies priority groups for vaccination, including critical and high-risk workers. The rollout will start with older Australians and certain industries.
The Australian Government is working together with state and territory governments to implement the arrangements under the Australian Vaccination Strategy and the Rollout Strategy. For further information and to find out when you are able to get a COVID-19 vaccine, go to the Department of Health website.;
State and territory health agencies may make public health orders that require some workers to be vaccinated. If public health orders are made, you must follow them – stay up to date with the advice of your health agency.
On 28 June 2021, the National Cabinet agreed that COVID-19 vaccinations are to be mandated for residential aged care workers as a condition of working in an aged care facility through shared state, territory and Commonwealth authorities and compliance measures. For further information, go to the National Cabinet Media Statement.
Queensland has issued a public health direction for health workers working with diagnosed cases of COVID-19. For a link to Queenslands public health directions go to our public health orders page.;
Western Australia has issued a public health direction for quarantine centre workers. For a link to Western Australias public health directions go to our public health orders page.;;
What Type Of Construction Is Permitted In Greater Sydney
From Wednesday 11 August 2021, all construction sites can operate in Greater Sydney, including in the LGAs of concern, capped at the lesser of:
- 1 person per 4 square metres, or
- 50% of the maximum daily workforce on the construction site.
A resident of an LGAs of concern must meet vaccination conditions to work on a construction site.
A construction site is a place at which work, including related excavation, is being carried out to erect, demolish, extend or alter a building or structure, or at which civil works are being carried out, but not work carried out in relation to a dwelling in which a person is residing.;
Read full details on all new rules;here.
Don’t Miss: How Long For Covid Symptoms
What Does The Law Say
Existing case law has not dealt with these issues to anysignificant degree. However, there is some direction from acrossCanada with regard to mandatory vaccination, which is not withoutprecedent.; In Ontario and New Brunswick it is imposed by lawin the public school setting with limited exceptions for certainmedical and religious/reasons of conscience grounds.; In theworkplace, the issue has been frequently litigated in thehealthcare setting, where unions have challenged mandatoryvaccination policies or policies such as “vaccinate ormask” against seasonal influenza as infringing on thecollective agreement. However,;the case law isinconsistent; as outlined in;our previousarticle.1;While “Vaccinate;Or;Mask” Policies in healthcare settingswere upheld in some cases,2;such policies werefound to be unreasonable in others.3;Currently,there is no mandatory vaccination requirement for people working inhealth care, long-term care and retirement home settings inOntario.;
Based on the pre-COVID-19 case law on VOM policies, it is clearthat much will depend on the leadership of provincial andterritorial medical officers of health to mandate vaccination.
Construction Included In Phase Two Of Covid
TORONTO The Ontario government has added construction including infrastructure to the second group of essential workers for phase two of Ontarios COVID-19 vaccination rollout.;;
According to an Ontario General Contractors Association;;bulletin,;this means all construction workers will have access to the vaccine, when available, a month earlier than the general public.;;
Throughout phase two;vaccines will initially be made available to the primary priority,;which has been characterized as;population groups,;including adults aged 60;to;79 years of age and groups recognized to have greater risk associated with hot spot communities, congregate living settings and high-risk areas. Once the primary group hasbeen vaccinated, a second group that includes construction workers will get the vaccine, the bulletin reads.;
The OGCA, along with;otherconstruction stakeholders, including other trade associations and unions, had been advocating for construction to be included in phase two of the rollout.;;
A projected timeline chart shows Essential Workers who cannot work from home as potentially being vaccinated as early as June.;;
Despite meeting the challenges of keeping workers safe, theincreased risk of exposure on larger sites, the threat of COVID-19 variants, and workers ability to be vaccinated onsite make the industry primedfor early vaccine adoption, the OGCA states.;
Read Also: Are Covid Relief Payments Taxable
Exemptions For Care Workers Who Live In Or Work In A Local Government Area Of Concern
If, as a care worker who lives or works in a place of work in a local government area of concern, you have a medical reason as to why you cannot receive a vaccination, you need to obtain a medical contraindication certificate from a medical practitioner who must use aform approved by the NSW Chief Health Officer.
Industry Urges Workers To Get Covid Vaccine
Wed May 05, 2021 – National Edition #10Lucy Perry CEG CORRESPONDENT
Right now, the construction industry is tackling critical coronavirus vaccine issues: Should employees have the vaccine or not, and does it matter? Can an employer mandate employees be vaccinated before entering a job site? How can an employer successfully overcome vaccine hesitancy?
Deemed essential by the federal government, construction workers have been among priority groups for the coronavirus vaccine.
And professional organizations in the Construction Industry Safety Coalition are strongly encouraging employees to get the vaccine. The coalition organized a campaign to urge vaccinations, establishing the COVID-19 Vaccine Awareness Week in mid-April.
“Construction workers have long looked after the welfare of their colleagues,” said Stephen E. Sandherr, chief executive officer of the Associated General Contractors . “Getting their shot is another way that workers can protect their colleagues, as well as their loved ones and community members.”
Getting the Message
The goal of the vaccination awareness campaign was to reach as many construction workers, subcontractors and partners as possible.
Though other member organizations felt it was too soon to discuss outcomes, the AGC’s Brian Turmail noted reaction to the weeklong event was “overwhelmingly positive.”
The importance of safety for the worker, his or her coworkers, and all the people they come in contact with, was the message.
Also Check: How To Get Smell And Taste Back After Covid