EMPLOYEE BENEFITS/HUMAN RESOURCES NEWS/ EMPLOYEE WELLNESS
Vaccination in the workplace By Sherlock Shabangu
Mr Sherlock Shabangu, giving the purpose of the day
Many organisations employ hundreds of employees who are required to be stationed in close proximity to each other in order to execute their work. Where the nature of the work is such that it cannot be performed remotely, and physical attendance at the workplace is an essential component of the job, keeping the workplace safe and mitigating the spread of COVID-19 and other infectious diseases becomes critical. The right to freedom and security of a person is enshrined in section 12 of the Constitution. More specifically, section 12(2) provides that every person has the right to bodily and psychological integrity, to security in and control over their body. No person shall be denied the protection that section 12 offers. A plain reading of section 12(2) makes it evident that every person has the right to make decisions on health and medical interventions and treatment, which undoubtedly includes the acceptance or rejection of the vaccine. However, constitutional rights are never one dimensional
and rights may be limited when there are justifiable grounds for doing so. The Occupational Health and Safety Act of 1993 lays the basis for health and safety in any workplace. According to the Act employers have an obligation to take reasonable measures to ensure that the working environment is safe and without risk to the health of its employees. It is against this background that the latest Consolidated Direction provides a framework for mandatory vaccination in the workplace. Although it may be true that by vaccinating enough people, herd immunity is created, there is no guarantee or certainty about the effectiveness of the vaccine, its long term effects on people, and whether social solidarity trumps individual or patient autonomy. It is still possible to contract COVID-19 after having received the vaccine. On 11 June 2021, the employment and labour minister gazetted a directive on COVID-19
conserving nature since 1926
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