Affected persons under the Vaccinations Order

COVID-19 Public Health Response (Vaccinations) Order 2021

The purpose of the COVID-19 Public Health Response (Vaccinations) Order 2021 (Vaccinations Order) is to prevent, and limit the risk of, the outbreak or spread of COVID19 by requiring certain work to be carried out by affected persons who are vaccinated and have received a booster dose, if eligible. Affected persons are eligible for a booster dose with the Pfizer vaccine if they are aged 18 years or over and have completed their primary COVID-19 vaccination course at least 3 months ago (93 days). More information is available in the Booster Vaccination Policy Statement.

The Vaccinations Order is a legally binding health instruction which requires certain groups of workers to be vaccinated and have received a booster dose in order to undertake ‘certain work’.

35.1 Workers subject to the

Amended Vaccinations Order

An affected person must not carry out certain work unless they are vaccinated and have received a booster dose, or have been granted a COVID-19 vaccination exemption by the Director-General. The affected person who has been granted an exemption may continue working while unvaccinated for the duration of the exemption period. Employers must have a plan for each affected worker, to ensure both the work and those they are in contact with are safe. This includes planning for risk management, health protection, impact on service, and efforts to support the affected worker’s to be vaccinated. More information on ‘Temporary significant service disruption exemptions’ can be found on the Ministry’s website.

The amended Vaccinations Order applies to people working at:

• managed isolation and quarantine facilities (MIQFs) and managed isolation facilities (MIFs), including workers who transport persons to or from MIQFs or MIFs • affected airports and aircraft, including aircrew members, all airside workers and landside workers who interact with international arriving or transiting passengers, baggage handlers, and other persons who enter enclosed space on board affected aircraft

• affected ports, including pilots, stevedores and other workers who board, or carry out work on or around, affected ships

• accommodation services where specified aircrew members are self-isolating • settings within the health and disability sector, including health practitioners, care and support workers, and other workers who carry out work where health services are provided • at a corrections prison, including staff and other persons employed by a contractor or subcontractor to provide services • settings within the education sector including staff, volunteers and unpaid persons who work at or for an affected education service as well as providers of a home-based education and care service

settings where a My Vaccine Pass is required for persons to enter or receive service. It also includes individuals doing work:

• that involves handling affected items removed from ships, aircraft, MIQFs or MIFs • where the job is for a company that is routinely engaged to provide services at any of the above settings • where the person ‘has contact with’ people who belong to different groups specified in Schedule 2 of the Vaccinations Order.

A full list of the groups of affected persons required to be vaccinated to carry out certain work is outlined in Schedule 2 of the Vaccinations Order.

Note: Identification of these workers are managed through their employers and regulatory bodies who must notify each affected person.

35.1.1 Booster doses

On 21 December 2021, it was announced that COVID-19 booster vaccinations would be mandated for workforces covered by the Vaccinations Order and this came into effect on 23 January 2022.

Booster doses with the Pfizer vaccine are available to persons aged 18 years or over who have completed their primary COVID-19 vaccination course at least 3 months (93 days) prior. An affected person who has received their primary COVID-19 vaccination course may carry out certain work without receiving a booster dose if they are:

• under 18 years of age; or

• carry out certain work in settings where a My Vaccine Pass may be required (as specified in Part 10 of Schedule 2 in the Vaccinations Order).

A booster dose means a dose of a COVID-19 vaccine specified in Schedule 4 of the Vaccinations Order administered in accordance with the requirements specified for that vaccine.

35.1.2 Scheduling appointments for affected persons

It is the responsibility of the DHBs to ensure access to timely vaccination appointments, including appointments for booster doses, are available to affected persons under the Vaccinations Order.

The transitional provisions for affected persons to be vaccinated and receive a booster dose are outlined in Schedule 1 of the Vaccinations Order.

35.1.3 Alternative vaccines

Schedule 3 of the Vaccinations Order details the COVID-19 vaccines, number of doses, and administrative requirements that affected persons can receive to be considered to have completed their primary COVID-19 vaccination course.

The COVID-19 vaccines available for booster doses are specified in Schedule 4 of the Vaccinations Order.

35.1.4 Further information

For further detail on the requirements contact IMAC on 0800 IMMUNE (466 863), option 1 (health professionals) and then option 2 (COVID-19 vaccinator support) and refer to Schedule 3 of the Vaccinations Order and the Ministry’s Immunisation Handbook.