Members have sought support and assistance in a variety of settings. Understandably, most of the media attention has been on the actions being pursued by public health members to achieve safe patient care through our ratios claim. However, plenty of other important matters on an individual member and workplace level have been bubbling away and these are just as important to their (and perhaps your) immediate wellbeing.
Members can be assured that behind the headlines, it remains business as usual, with the Association assisting and working with members to get all manner of issues – big or small – resolved or addressed. Not always easy but whether it be a non-payment of an allowance, a fact-finding interview, a workplace change, provision of suitable duties, a response required by AHPRA, or a statement for the coroner, we remain there for you.
Special edition – COVID-19 and influenza vaccination
After some months of gestation, the Ministry of Health Occupational Assessment, Screening and Vaccination Against Specified Infectious Diseases on 29 July 2022. Since then, this policy has continued to generate a significant number of member contacts in relation to both the third COVID-19 and the yearly influenza vaccination requirements. This special edition aims to assist members in grappling with the new conditions and the nuanced approach of this new policy directive.
Timing
Why did the Ministry of Health change its policy about vaccinations?
The previous COVID-19 vaccination requirement for healthcare workers was set out in the Public Health (COVID-19 Vaccination of Health Care Workers) Order 2022. This order ceased as of 19 June 2022 and vaccination requirements in health workplaces (public or private) now falls under organisational policy.
Health Determination
Didn’t the Ministry issue something last year, mandating that two COVID-19 vaccinations were required to be employed?
That is correct. The Secretary, NSW Health, issued Determination No 33 of 2021 on 12 November 2021, which required, as a condition of employment, two COVID-19 vaccinations. This remains in place, is legally enforceable and will underpin any policy framework.
Category A and B workers
I did work in a Category A high-risk position. Will this continue?
No, the Ministry of Health has removed this classification. This means that all health workers will now be placed in either Category A or B roles. In short, Category A will encompass almost all nurses and midwives employed in the public health system.
Category A worker
What are the Category A requirements for COVID-19 and influenza vaccinations?
Category A requires three doses of a TGA-approved/recognised COVID-19 vaccine or two doses, with the third to occur within eight weeks of the new PD being published if more than 13 weeks since the second dose or within six weeks from the due date of a third dose, whichever is the later. These workers will also be required to receive an annual influenza vaccination. (See later questions regarding having a medical contraindication or choosing to not receive the third COVID-19 and/or influenza vaccination.)
Clinical placements
What about students on clinical placements?
Category A students will need to comply with the above requirements. However, if in a clinical placement early in their first year, they may be granted temporary compliance if they have evidence of two COVID-19 doses and have submitted an undertaking to have a third COVID-19 dose within six weeks of the dose being due.
For Category A students, the influenza vaccination is mandatory if undertaking a placement from 1 June to 30 September each year (or other dates as set by the Chief Health Officer).
MPS
I work in an MPS with aged care beds. What are my obligations?
You must comply with the new PD and with all other legal requirements. This would currently include the Public Health (COVID-19 Care Services) Order (No 2) 2022, which is still in place and requires staff to have had three doses of a COVID-19 vaccine.
Medical contraindication
What if I can’t have the vaccination due to a medical issue?
A health worker is compliant with the above requirements if they have a medical contraindication to all available approved or recognised vaccines, COVID-19 or influenza. Evidence must be submitted, using the relevant criteria and form as completed by your treating doctor/specialist.
Choose not to
I don’t have a medical contraindication but I am not inclined to have either the third COVID-19 vaccination or influenza vaccination. What happens to me?
Existing Category A workers who are non-compliant with the third COVID-19 dose or influenza vaccination requirements can continue to work, but they must comply with all risk reduction strategies while working in a Category A position. Redeployment to a Category B position can be considered but will be by exception only.
As part of this process, you will be required to submit a Non-Participation Form acknowledging that you will comply with specified risk reduction strategies and the use of designated PPE. If such an assurance is not provided, then you may be subject to disciplinary action for potential misconduct.
Private health sector
If that Public Health Order has expired, what about private hospitals and other health settings previously covered?
The organisation will need to establish its vaccination requirements within its own policies and procedures via the WHS framework. If opting to include vaccination, it will need to be able to demonstrate that it is necessary for the health and safety of the workplace and that all alternatives or other risk mitigation factors would not be sufficient or reasonable.
Aged Care
Does this apply in aged care as well?
As noted above, the Public Health (COVID-19 Care Services) Order (No 2) 2022 remains in place. All aged care staff, health practitioners and students entering a residential aged care facility must have had three doses of a COVID-19 vaccine. The third dose is due 13 weeks after a person’s second dose.