COVID-19 Mandatory Vaccination Policy
1. Purpose
This policy outlines Carpet Flooring Group’s (CFG) requirement for all staff of CFG as well independent contractors hired by CFG to be vaccinated against COVID-19. This policy sets out how CFG will ensure compliance with Victorian Government health directions (as amended or replaced from time to time) (Health Direction or Health Directions) and its duties under the Occupational Health and Safety Act 2004 (Vic) (OHS Act) or any reasonable and lawful direction given by CFG. The policy also details the limited grounds of exemptions (being medical grounds) from the requirement to be vaccinated against COVID-19.
2. Scope
The policy applies to all people employed by CFG, contractors and volunteers and customers.
3. Policy Statement
3.1 Principles
As an employer of an organization that sells and installs carpet, hard flooring, rugs, vinyl and blinds to various establishments and individuals throughout Victoria, CFG has a moral and legal responsibility for the health and safety of all who attend CFG premises. In the process of carrying on business, there is a great deal of person-to-person contact. It includes people attending CFG premises located throughout Victoria, attendance at private homes and business premises, including construction sites. This list is not exhaustive. The carrying on of business also includes transportation throughout Victoria.
This responsibility includes preventing the spread of diseases, such as COVID-19, on the premises of CFG and other locations where CFG work is being carried out, to the fullest extent reasonably practicable.
There is a high risk of COVID-19 infection in the context of public-facing environments, particularly retail and construction sites where a large volume of people work and move around from location to location. Due to this high risk associated with the spread of COVID19, CFG will ensure that any independent contractors will require proof of double vaccination before attending any CFG premises or locations other than CFG premises that are in connection with the carrying on of business of CFG.
COVID-19 vaccinations have been medically proven to be an effective way of reducing the risk of spreading COVID-19 between staff and customers, and the community at large.
COVID-19 vaccinations have been medically proven to also reduce the severity of the impact that COVID-19 has on people if they do contract the virus.
CFG will act in accordance with any Health Directions as amended or replaced from time to time and any duties under the OHS Act, as relevant to the risk to health and safety caused by COVID-19. For this reason, this policy and the CFG’s requirements imposed by this policy are not conditional upon the continuation of the Health Directions.
3.2 Responsibilities
The proprietor of CFG is responsible for the approval of this policy.
The Health and Safety Representative is responsible for reviewing the validity of requests for medical exemptions to vaccination.
The proprietor will grant approval when the grounds for a medical exemption to vaccination request is considered valid and the person is considered an “excepted person”.
3.3 Definitions
CFG Premises means all CFG premises located at Sunbury, Gisborne, Kyneton, Wallan, Kilmore, Kerang, Daylesford and Castlemaine.
Locations other than CFG premises means locations where CFG employees are measuring, installing, transporting or carrying on business connected with CFG, for example where CFG employees are quoting, measuring, installing or transporting.
COVID-19 vaccination means a COVID-19 vaccine approved by the Therapeutic Goods Administration (TGA) for use in Australia.
Excepted Person means a person:
who holds “acceptable certification” from a Medical Practitioner that the person is unable to receive a dose, or a further dose, of a COVID-19 vaccine due to a medical contraindication or an acute medical illness.
“A medical contraindication” is closely defined to include anaphylaxis after a previous dose, anaphylaxis to vaccine ingredients or specified history/conditions in relation to particularly vaccines or other serious adverse events attributed to a previous dose of COVID-19 that has been reported to the TGA or State adverse events program.
“Acceptable Certification” is a COVID-19 Digital Certificate issued by Services Australia and displayed via Medicare App, Service Victoria App or smart phone wallet that states that the person is unable to receive a dose or a further dose of any Covid-19 vaccine or a printed version of the COVID-19 Digital Certificate
COVID-19 Digital Certificate (recording either vaccination status including a medical exemption) is derived from the Australian Immunisation Register maintained by the Commonwealth Government.
Exemption means a medical exemption, in accordance with clause 3.5 of this policy.
Medical Practitioner means: (a) a general practice registrar of an approved 3GA training placement; or (b) a public health physician; or (c) a general physician; or (d) an infectious disease physician; (e) a clinical immunologist; or (f) a gynaecologist; or (g) an obstetrician; or (h) a general practitioner who is vocationally registered; or (i) a general practitioner who is a fellow of the Royal Australian College of General Practitioners (RACGP); or (j) a general practitioner who is a fellow of the Australian College of Rural and Remote Medicine (ACRRM).
Fully vaccinated means that a person has received two doses of a COVID-19 vaccination (as updated from time to time in accordance with the current Department of Health or TGA advice, such that, for example, “fully vaccinated” may in time mean having received more than two does annually).
Partially vaccinated means that a person has received one dose of a COVID-19 vaccination (as updated from time to time in accordance with current Department of Health or TGA advice).
Unvaccinated means that a person has not received a dose of COVID-19 vaccine and is not an excepted person.
3.4 Direction for CFG employees regarding COVID-19 vaccination
CFG requires its employees to be able to enter and remain on CFG premises to do their jobs.
Pursuant to the applicable Health Direction in force at the time of issuing this policy, CFG must take all reasonable steps to ensure it does not permit any unvaccinated employees to enter or remain on its premises (unless an exemption applies) after 26th November 2021.
Further and in addition, CFG must ensure, as far is reasonably practicable, it provides and maintains a working environment that is safe, and without risks to health. CFG considers that requiring all employees to be vaccinated is a reasonably practicable step it can take to reduce the risk to workplace health and safety caused by COVID-19.
The requirement for all employees to be fully vaccinated is an important aspect of CFG’s compliance with its duty of care to all employees and all persons who attend CFG premises and locations other than CFG premises, its duties under the OHS Act, and the operational needs of CFG.
These requirements are lawful and reasonable directions and all employees must comply with them.
If, in future, repeat or additional doses of the COVID-19 vaccination are required in order to maintain best possible vaccination levels, CFG will require all employees to obtain such further vaccinations in order to comply with this policy. CFG may require evidence of further vaccinations, as may be relevant in the future.
Unvaccinated employees should take the following steps:
If relevant, seek medical advice regarding the COVID-19 vaccination, as it relates to them;
Where they do not fall within the Exemption outlined below, make appointments to receive their first dose and second doses of the COVID-19 vaccination via the Victorian Government’s booking site, or at a participating General Practice or Pharmacy.
If they have trouble making an appointment, they must contact their employer immediately.
If an employee believes they have a valid medical Exemption as detailed below, they should ensure they advise the Health and Safety Representative as soon as possible.
3.5 Covid-19 mandatory testing:
If an employee attends at CFG premises intending to work and is displaying symptoms of COVID-19, that employee may be directed to attend at a COVID-19 testing facility immediately. This will be at the sole discretion of the proprietor or the Health and Safety Representative. This is a lawful and reasonable direction in order to determine whether the workplace has been exposed to COVID-19.
3.6 Medical Exemptions from COVID-19 vaccination requirements
An employee may request a medical Exemption from complying with the requirement to have a COVID-19 vaccination, as set out below. All requests for Exemption on medical grounds will be assessed by CFG on a case-by-case basis in accordance with law. The preferred method is to provide evidence from a Medical Practitioner and providing “acceptable certification” as defined in Clause 3.3.
CFG recognizes the approved list of medical contraindications as specified in the Health Direction as updated from time to time.
If a Medical Practitioner certifies that an employee has a temporary medical contraindication that makes them unable to receive the COVID-19 vaccination, any exemption based on this only applies for the period specified in the medical certificate provided by the Medical Practitioner or 6 months, whichever is less. If the medical reason continues beyond 6 months, the employee must provide a new medical certificate from their medical practitioner at the 6 month mark regarding the medical contraindication.
If an employee requests an Exemption on medical grounds, CFG may, in its sole discretion, do one or more of the following:
Require the employee to provide more medical evidence than they have already provided;
Require the employee to sign a medical authority such that CFG’s nominated Medical Practitioner can inquire further with the staff member’s treating medical practitioner and obtain (and provide CFG with) a medical report about the requested exemption;
Require the employee to attend a medical examination with a Medical Practitioner so CFG can assess the request for an Exemption. (See Appendix A)
3.7 Unvaccinated employees with an Exemption
An excepted person is not prevented by the Health Directions from entering CFG premises. However, for health and safety reasons, CFG will assess on a case-by-case basis whether an employee who does have an exemption is permitted to enter CFG premises. This decision will be determined on the level of risk to other employees and the wider community. This is because of the increased risk (of contracting COVID-19 and /or experiencing severe effects if they do so) to that person’s health and safety and the increased risk (of transmitting COVID-19) they may present to others.
If CFG grants an exemption, CFG will consider whether there are reasonable adjustments that CFG can make to accommodate the employee so they can safely perform the inherent requirements of their position without being vaccinated against COVID-19. If not, regrettably, CFG may need to terminate the employee’s employment on the grounds they are unable to safely perform the inherent requirements of their position.
3.8 Unvaccinated employees without an Exemption
If an employee does not have an Exemption and does not comply with the vaccination requirements under this policy, CFG may take disciplinary action against the employee that may include the termination of their employment.
Employees who are not an excepted person:
Will not be able to attend CFG premises and are therefore not be able to perform the inherent requirements of their position; and
Will be failing or refusing to comply with CFG’s lawful and reasonable directions as established by this policy.
In those circumstances, while CFG deals with the issue the employee will be suspended without pay on the grounds they are unable or unwilling to perform the inherent requirements of their job. If the issue is unable to be resolved to CFG’s satisfaction (in the CFG’s sole absolute discretion), CFG may terminate the employee’s employment.
To avoid doubt, suspension without pay is not an alternative to compliance with this policy
3.9 Requirements for new employees
Employees employed after 15th December, 2021 will be required to comply with the COVID19 vaccination requirements outlined in this policy. These requirements must be met before the employee commences their employment. Vaccination information will be required from the new employee as part of CFGs onboarding process.
3.10 Independent Contractors
All independent contractors must comply with the mandatory requirements under the Health Directions and this policy if they are hired to work on CFG premises and locations other than CFG premises where they are carrying out work in connection with CFG.
CFG will not permit unvaccinated independent contractors to work on CFG premises. Exceptions may be made by the proprietor in an emergency situation.
Proof of vaccination status for all independent contractors will be obtained through CFG’s registration process.
3.11 Requirements for customers
In order to keep CFG employees safe, CFG require that all customers be fully vaccinated before attending CFG premises. Customers are required to sign in and show proof of a COVID-19 vaccination certificate.
All unvaccinated customers will be asked to leave the CFG premises and to attend to their enquiry via phone or email instead. This restriction may be waived in an emergency situation. Even in this case, the unvaccinated person must:
Take all possible steps to avoid entering buildings on CFG premises unless this is strictly necessary to that person’s health and wellbeing
Wear a mask; and,
Remain physically distanced as far as possible from any other person on CFG premises.
This policy does not apply to third parties such as Australia Post or couriers attending CFG to deliver/pick up parcels and mail. Special arrangements will be implemented to limit their access to CFG premises as far as possible.
3.12 Collection, recording and holding vaccination information
The current Health Direction requires CFG to collect, record and hold vaccination information about employees who are or may be scheduled to enter or remain on CFG premises. Under the current Health Direction, vaccination information means information about a person’s vaccination status. Vaccination status means whether the person is fully vaccinated, partially vaccinated, unvaccinated or if they are an excepted person.
The purpose of collecting vaccination status information is:
To ensure compliance with any Health Directions;
To ensure that CFG knows who is able to legally attend CFG premises or perform work for CFG; and
To enable CFG to manage the risks to all employees and the community arising from COVID19, including preparing for any possible future outbreaks.
Evidence of a COVID-19 vaccination can include:
A vaccination certificate or other evidence from a vaccine provider;
An immunization history statement that can be accessed from Medicare online or the Express Plus Medicare mobile app;
A statement of your vaccination history, that you can request from the Australian Immunisation Register;
A record from a Medical Practitioner
When collecting vaccination information, CFG will comply with the CFG Privacy Policy and the Privacy Act 1988 (Cth). Vaccination information will only be used for the purposes described above. De-identified employee vaccination information may be provided to the proprietor of CFG to enable them to discharge the employee’s and CFG’s duties under the OHS Act.
All vaccination information will be securely stored and kept confidential and will only be accessible to people who are required to access it. Access to vaccination record information of an individual can be requested at any time by that individual and requests can also be made to update information where necessary, for example where subsequent vaccinations are received.
CFG may require an employee to provide their current vaccination status at any time, to ensure CFG is compliant with this policy. Employees must provide evidence of their existing COVID-19 vaccination status or the reasons for any Exemption when requested by CFG.
CFG is required to provide access to vaccination information to an Authorised Officer under the Public Health and Wellbeing Act 2008 (Vic) if requested to demonstrate compliance with any Health Directions.
4. Related Documents
CFG Privacy Policy
CFG Discipline and Performance Management Policy
5. References
Privacy Act 1988
Public Health and Wellbeing Act 2008 (Vic)
Occupational Health and Safety Act 2004 (Vic), Part 16 – Covid-19 Temporary Measures
6. Resources
Are COVID-19 vaccines safe? COVID-19 vaccines | Australian Government Department of Health
Australian Immunisation Register
https://www.servicesaustralia.gov.au/individuals/services/medicare/australian-immunisationregister
COVID-19 vaccine information in your language: COVID-19 vaccine information in your language | Australian Government Department of Health
The Fair Work Ombudsman’s guidance on COVID-19 vaccinations: COVID-19 vaccinations and the workplace - Fair Work Ombudsman
7. Governance
APPENDIX A: Managing employees requests for Exemption
Requests for an Exemption will generally be handled by CFG as follows:
( a ) An employee must provide the request in writing, along with supporting evidence (as described above) to CFG by email it to accounts@carpetflooringgroup.com.au
( b ) CFG may at any stage ask the employee for further information or seek professional or expert advice or an opinion (including but not limited to from a Medical Practitioner) to assist CFG to consider and determine the request
( c ) After considering a request for an Exemption, unless further information or evidence is required (in which case it will be sought), the Proprietor will decide whether to grant the Exemption request.
( d ) CFG will endeavour to conclude the above process within 14 working days. An employee who would otherwise be required to be vaccinated under this policy are not required to do so if they have an Exemption request pending and will be suspended with pay until the request is determined. All requests for Exemptions and information provided by the employee in connection with such requests will be handled confidentially.
A. Where an Exemption may not be granted
An Exemption will not be granted other than as provided in this policy.
B. What if an Exemption is not granted?
If an employee does not have a valid Exemption, the employee will be expected to obtain the Vaccine in accordance with this Policy or any current Health Orders. If they do not do so, it will be dealt with as non-compliance with this policy.
If an employee does not have a valid Exemption and remains non-compliant with this policy, they will be suspended without pay whilst the issue is investigated, on the grounds they are unable or unwilling to perform the inherent requirement of their job. If the issue is unable to be resolved to CFG’s satisfaction (in CFG’s sole absolute discretion), the CFG may terminate the employee’s employment.