Can Employers Enforce Vaccine Mandates At The Workplace?

People queuing up at a PPV centre in the Klang Valley for their vaccines

Conversations to do with vaccinations can be so fraught with controversy due to the conflicting information and misinformation on the vaccines, the vaccination process, as well as the institutions developing and delivering the vaccines, says Melissa Norman, Aisling Group Managing Director.

“I strongly believe that the trust in vaccination and the ability of governments to communicate, and to successfully deliver a vaccination programme, is critically dependent on the extent to which we can instil and maintain public confidence in the effectiveness and safety of the vaccines.”

She adds that the key to increasing public confidence is how relevant parties and regulatory agencies engage the public efficiently. Communication campaigns should address concerns with speed and effectiveness and handle issues consistently as events arise to reduce fear and suspicion on the vaccines, she stresses.

“All of us value our lives and the lives of our loved ones. We will do everything in our power to ensure the continued good health and safety of our families and loved ones. Hence, when there are individuals who are uncertain or unwilling to be vaccinated, this stems from misinformation about vaccines. If Governments and relevant bodies continue to step up and improvise educational and awareness efforts, I am sure we will see an increase in the number of inoculated individuals,” she says.

Commenting on vaccine mandates in general, she says that those who care for it believe that it is justifiable on the grounds of protecting the welfare of others, while those who are on the other side of the fence are cautious of its efficacy and side effects. While making vaccines mandatory and allowing those fully vaccinated with more freedom than those who have yet to be vaccinated, this might not necessarily be effective in the long run as people are generally less tolerant to prolonged forced limitations.

Melissa quoted The Galen Centre for Health and Social Policy CEO Azrul Mohd Khalib on the topic of vaccine hesitancy to which he said that denying necessary access to services for those who are not vaccinated will just “give fuel and ammunition to those who are hesitant”.

Meanwhile, in response to sectoral mandates raised by Human Resource Minister, M Saravanan, who said action may be taken against employees who refuse jabs, she says employers cannot legally act on the matter.

“Currently there is no specific legislation regarding the COVID-19 vaccination being mandatory. However, there are provisions under the Occupational Safety and Health Act 1994 (AKKP) on employers’ duty to ensure a safe and healthy workplace. It is recommended for employers to refer to the Occupational Safety and Health Act 1994 (AKKP) as a guide regarding the vaccination of their workforce.”

The measures that employers can take to minimise risk at the workplace for their fully vaccinated employees is by educating and facilitating their workforce’s safety. This is also in line with the Government’s aim to vaccinate as many people as possible to curb the spread and severity of the COVID-19 virus and its multiple variants, respectively.

Additional measures include ensuring that the workplace is always a safe, clean and conducive workplace with continuous implementation of the standard operating procedures (SOPs), such as wearing a face mask, maintaining physical distance, good hygiene, and encouraging and allowing employees to work from home when they are unwell.

Aside from these SOPs, employers should also ensure that their workplaces have good ventilation systems and high air quality.

The Director-General of Health had recently spoken about the importance of air quality in containing the spread of the virus, and we should refer to and adopt the ventilation system guides suggested by the Health Ministry, Human Resource Ministry, and the World Health Organization.

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