The Department of Labour and Pensions has issued guidance notes on COVID-19 vaccines following concerns raised in the community, saying a company requiring staff be vaccinated might be a reasonable measure, depending on the nature of the business.
The guidance, released on Friday, comes as local companies consider next steps on COVID-19 vaccinations, and government continues its push to vaccinate 80% of Cayman’s population as it moves to reopen borders.
The department released a three-page document containing information on frequently asked questions, in a bid to assist members of the public and businesses when it comes to vaccinations.
“The Cayman Islands Government is currently offering the COVID-19 vaccine voluntarily. While it is encouraged that the vaccine is taken, persons are allowed to decide whether they wish to be vaccinated,” the DLP said.
FAQs on vaccination
The DLP said it has identified some of the questions the public has raised and it wanted to assist by offering guidance through releasing FAQs.
In answering the question of whether it would be unreasonable for an employer to require an employee to take the vaccine, the department explained that, at present, the Cayman Islands do not have regulations in place concerning compulsory vaccination, but added, “Employers have a general duty to take reasonable steps to maintain a safe work environment for employees; however, there is no provision in the Labour Act (2021 Revision) regarding the protection of employees from the transmission of communicable diseases.”
The department advised that, in order to assist employees in making an informed decision, “employers should educate their employees with independent, factual information about the risks associated with the COVID-19 virus and the specific impact on the workplace”.
Additionally, employers should assist employees by explaining the benefits of vaccination, and encourage employees to be vaccinated, the DLP said.
“Consideration should also be given to whether mandatory vaccination is a reasonable way to deal with the potential risk of exposure to the virus in specific circumstances and whether alternative measures could be taken to mitigate any such risk,” it added.
While the department said employers have a legal responsibility to ensure the health and safety of their employees as far as reasonably possible, “engaging in a policy to mandate vaccination could raise several legal issues, for example, where an employer took punitive or disciplinary action if an employee refuses to be vaccinated or discrimination is alleged”.
The department explained that it may be “more practical for employers to introduce mandatory vaccination as part of its hiring practice rather than amend the agreements of existing employees”.
As it stands, the guidance said employers who are keen for their employees to be vaccinated “but do not have any contractual right to mandate that they do, should obtain the employee’s consent”.
As for refusing to take the vaccine, the department said, “where an employer has the contractual right to require an employee to get vaccinated and the employee refuses, the employer may be able to take disciplinary action as the employee may be in breach of contract”.
However, it warned, “employers should approach the taking of disciplinary action with caution since dismissing an employee is not without legal risk”.
Employers, it added, should ensure that new hires are made aware of this requirement prior to employment.
“Consideration should be given to potential legal exposure and other risks associated with the implementation of a mandatory vaccination policy,” it cautioned.
Read the full FAQs and guidance here: DLP General Guidance Doc regarding COVID19 vaccine
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Mr. Langevin (or whomever can answer the question) – I have a comment and/or suggestion on the vaccine records. My husband received the vaccine in the very beginning at our hospital, way before CVS, Walmart, Walgreens had access to the vaccine. I checked with the hospital and they have an “app” that can be downloaded with access to the vaccination records – while there is NOT a QR code, the portal DOES provide full access to the dates that the vaccine was administered with the vaccine brand/type. Is there any reason why hospital records are not being accepted?