Vaccine incentives for employees may expose corporations to compensation claims, enterprise group warns | Australian politics

Providing incentives for workers to get vaccinated could open employers to compensation for negative reactions, a top Australian group has warned.

The Australian Chamber of Commerce and Industry gave advice to its members as part of an ongoing debate on the role of employers in the Covid-19 vaccination program.

The council reiterated the call by Acci and the Australian Industry Group for employers to be compensated for promoting vaccination ahead of a major employer and union meeting convened by Federal Minister for Labor Relations Michaelia Cash.

At Wednesday’s meeting, the parties may ask for advice from the Fair Work Ombudsman that employers may be able to require their employees to be vaccinated, depending on their risk of exposure to the coronavirus.

The unions have announced that they will use the meeting to push for paid vaccination leave for workers so they can get vaccinated and recover from routine side effects.

Cash told Guardian Australia that a focus of the meeting was “how companies can meet their work, health and safety obligations without prescribing the vaccine.”

Prime Minister Scott Morrison has ruled out further public health orders requiring staff to be vaccinated and has called such a move “clandestinely” as vaccine mandates.

The Acci recommendation to members is that assisting employees with vaccination could contribute to public health efforts and protect the well-being of employees, but “not without some risk”.

The board said it was “possible for a worker to have a side effect” to a vaccine and, depending on the context of their employment, they could claim workers’ compensation.

An employer who merely shared information about vaccines was unlikely to be liable, while on the other end of the spectrum an employer who required vaccinations would be.

Offering an incentive or reward for a vaccination or organizing a vaccination locally or elsewhere “can be compensated,” says the recommendation.

The FWO has advised employers to “exercise caution” when considering making Covid vaccinations mandatory.

The FWO stated that it was “more likely” to require a vaccination for level 1 work – where employees were in contact with people at risk from the coronavirus, such as: such as care for the elderly.

Third tier work, which involved public interactions, may allow employers to request vaccination, but it was more likely if there was community transmission.

The Acci Recommendation addresses a wider range of scenarios, including the fact that employers can oblige employees who refuse to be vaccinated to work from home.

However, it cautioned employers to “be careful” in imposing such regulations where an employee has reasonable grounds for refusal, such as medical or religious reasons, as doing so could amount to discrimination.

Employers should find out whether workers have “legitimate reasons” for refusal and make “reasonable accommodation” by changing their roles if they do.

Acci pointed out that employers “can contractually require a potential employee to be vaccinated,” although refusing to give someone a job if they refuse could give rise to a claim for discrimination.

In general, employers could ask workers if they have been vaccinated, but once this information is collected, the use and disclosure of that information will be governed by the Data Protection Act, the chamber said.

On Friday, the national cabinet found that state labor protection agencies could offer protection to employers who don’t require vaccines in case an employee tried to sue them for not requesting vaccination of other employees.

While other employer groups are pushing for compensation for employers who promote or mandate vaccinations, the Business Council of Australia has joined the Australian Council of Trade Unions in arguing that only employers covered by a public health regulation should require vaccination of staff .

At Wednesday’s meeting, ACTU will renew its demand for paid vacation, including for the 20% of people who report routine vaccine side effects that require time off work, according to AusVaxSafety-Tracker.

ACTU Secretary Sally McManus said there was “no more important task than getting 80% of Australians vaccinated”.

“With the supply problem finally resolved in the spring, everyone – employers, unions and governments – must do everything in their power to make vaccination easier for people.”

McManus urged the federal government to “remove any barriers people may have to get vaccinated,” including the “financial penalty”.

“Casual workers and anyone not on vacation risk paying a price to get the vaccine due to routine side effects, resulting in lost income from lack of paid vacation,” she said. “This can be remedied if the federal government takes measures to guarantee paid vaccination leave. This means that all working people have the same choice. “