COVID-19 Public Health Response (Vaccinations) Amendment Order (No 3) 2021

M.R.M. made this Official Information request to Ministry of Health

Response to this request is long overdue. By law Ministry of Health should have responded by now (details and exceptions). You can complain to the Ombudsman.

From: M.R.M.

Dear Ministry of Health,

RE: Health & Disability Worker Vaccinations Order

I am employed by a DHB.

Section 14 "Schedule 2 amended" identifies and specifies the following groups of health sector workers mandated to be vaccinated against Covid-19:-

7.1. Health practitioners.

I do not fit into this category of worker.

7.2. Workers who carry out work where health services are provided to members of the public by 1 or more health practitioners and whose role involves being within 2 metres or less of a health practitioner or a member of the public for a period of 15 minutes or more.

I do not fit into this category of worker.

7.3. Workers who are employed or engaged by certified providers and carry out work at the premises at which health care services are provided.

My union has told me that it thinks I fit into this category of worker, but so far my employer has only sent me notices (broadcast to numerous staff) "recommending" vaccination. I, though, believe that I may be receiving a personalized letter in days to come requiring me to be vaccinated against Covid-19 under the abovementioned mandate.

While I am a worker who is employed by a certified provider - the DHB - the requirement by use of the word "and" in sub-clause 7.3. (quoted above) is that this category of worker must (also) "carry out work at the premises at which health care services are provided." Again, I do not do any work at premises where health care services are provided, and, in fact my (administration services) office is situated about 3.5 km.'s away from the DHB's hospital campus.

7.4. Care and support workers.

I do not fit into this category of worker.

I am seeking clarification as to whether or not workers in my category as explained above are required, or not, to be vaccinated? Please do not respond saying that this is something I need to take up with my employer because firstly the mandate has been legislated by parliament not my employer and secondly there is no requirement in my employment agreement requiring me to be vaccinated.

Incredibly, the DHB has stated in writing that visitors to my office building will not need to be vaccinated. The office space is one huge area, open plan, with no windows and only air-conditioning.

Yours faithfully,

M.R.M.

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From: OIA Requests

Kia ora,

 

Thank you for your Official Information Act (the Act) request. This is
an automatic reply to let you know we received it.

 

Due to the COVID-19 global pandemic response, the Ministry is experiencing
significantly higher volumes of queries and requests for information. We
will endeavour to acknowledge your request as soon as possible. Further
information about COVID-19 can be found on our
website: [1]https://www.health.govt.nz/our-work/dise...

 

In accordance with the Act, we'll let you know our decision within no more
than 20 working days. If you'd like to calculate the timeframe, you can
use the Ombudsman's online calculator
here: [2]http://www.ombudsman.parliament.nz/

If you have any questions while we're processing your request, please let
us know via [3][email address]

 

Ngā mihi  

OIA Services Team  

   

[4]Ministry of Health information releases  

[5]Unite against COVID-19 

 

 

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References

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1. https://www.health.govt.nz/our-work/dise...
2. http://scanmail.trustwave.com/?c=15517&a...
3. mailto:[email address]
4. https://www.health.govt.nz/about-ministr...
5. https://covid19.govt.nz/

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Kia ora,

 

Thank you for your request for official information. The Ministry's
reference number for your request is: H202115102.

 

As required under the Official Information Act 1982, the Ministry will
endeavour to respond to your request no later than 20 working days after
the day your request was received. If you'd like to calculate the
timeframe, you can use the Ombudsman's online calculator
here: [1]http://www.ombudsman.parliament.nz/

 

Due to the COVID-19 global pandemic response, the Ministry is experiencing
significantly higher volumes of queries and requests for information. If
we are unable to respond to your request within this time frame, we will
notify you of an extension of that time frame.

 

If you have any queries related to this request, please do not hesitate to
get in touch.

 

Ngā mihi

 

OIA Services

Government Services

Office of the Director-General

Ministry of Health

E: [2][email address]

 

 

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From: OIA Requests


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Tēnā koe M.R.M. 

 

Response to your request for official information 

 

Thank you for your request under the Official Information Act 1982 (the
Act) on 27 October 2021 for information about the Health and Disability
Worker Vaccinations Order. You stated: 

 

I am employed by a DHB. 

 

Section 14 "Schedule 2 amended" identifies and specifies the following
groups of health sector workers mandated to be vaccinated against
Covid-19: 

 

7.1.  Health practitioners.   

 

I do not fit into this category of worker. 

 

7.2.  Workers who carry out work where health services are provided to
members of the public by 1 or more health practitioners and whose role
involves being within 2 metres or less of a health practitioner or a
member of the public for a period of 15 minutes or more. 

 

I do not fit into this category of worker. 

 

7.3.  Workers who are employed or engaged by certified providers and carry
out work at the premises at which health care services are provided. 

 

My union has told me that it thinks I fit into this category of worker,
but so far my employer has only sent me notices (broadcast to numerous
staff) "recommending" vaccination.  I, though, believe that I may be
receiving a personalized letter in days to come requiring me to be
vaccinated against Covid-19 under the abovementioned mandate. 

 

While I am a worker who is employed by a certified provider - the DHB -
the requirement by use of the word "and" in sub-clause 7.3. (quoted above)
is that this category of worker must (also) "carry out work at the
premises at which health care services are provided."   Again, I do not do
any work at premises where health care services are provided, and, in 
fact my (administration services) office is situated about 3.5 km.'s away
from the DHB's hospital campus.   

 

7.4.  Care and support workers. 

 

I do not fit into this category of worker. 

 

You specifically asked: 

 

I am seeking clarification as to whether or not workers in my category as
explained above are required, or not, to be vaccinated?  Please do not
respond saying that this is something I need to take up with my employer
because firstly the mandate has been legislated by parliament not my
employer and secondly there is no requirement in my employment agreement
requiring me to be vaccinated. 

 

Incredibly, the DHB has stated in writing that visitors to my office
building will not need to be vaccinated.  The office space is one huge
area, open plan, with no windows and only air-conditioning.   

 

The Ministry of Health (the Ministry) is unable to provide legal advice.
You may wish to speak to your employer, union, or to a lawyer.  Free legal
information and advice may be available from your local community law
centre. They can be contacted at: [1]www.communitylaw.org.nz.  

 

However, the Ministry can provide some general information. Guidance for
Persons Conducting a Business or Undertaking (PCBU) and workers who
undertake certain work in settings where healthcare occurs is available on
the Ministry website at:
[2]www.health.govt.nz/system/files/documents/pages/health_worker_vaccination_guidance_document_for_pcbus_and_workers_-_october_2021_1.pdf. 

 

Further information regarding COVID-19 mandatory vaccinations is also
available at:

* [3]www.health.govt.nz/our-work/diseases-and-conditions/covid-19-novel-coronavirus/covid-19-response-planning/covid-19-mandatory-vaccinations 
* [4]https://covid19.govt.nz/covid-19-vaccine...
 

You may also be interested the following link to general assistance to
business and workers relating to vaccines and the workplace at:
[5]www.employment.govt.nz/leave-and-holidays/other-types-of-leave/coronavirus-workplace/covid-19-vaccination-and-employment/.  
 

Under section 28(3) of the Act, you have the right to ask the Ombudsman to
review any decisions made under this request. The Ombudsman may be
contacted by email at: [6][email address] or by calling 0800
802 602. 

Please note that this response, with your personal details removed, may be
published on the Ministry website at:
[7]www.health.govt.nz/about-ministry/information-releases.  

Nāku noa, nā 

 
Nick Allan  

Manager 

OIA Services Team 

 

 

[8]Ministry of Health information releases 

[9]Unite against COVID-19 

 

--------------------------------------------------------------------------

From: OIA Requests <[email address]>
Sent: Thursday, 28 October 2021 15:11
To: M.R.M. <[FOI #17367 email]>
Subject: Acknowledgement of your request for official information (ref:
H202115102)
 

Kia ora,

 

Thank you for your request for official information. The Ministry's
reference number for your request is: H202115102.

 

As required under the Official Information Act 1982, the Ministry will
endeavour to respond to your request no later than 20 working days after
the day your request was received. If you'd like to calculate the
timeframe, you can use the Ombudsman's online calculator
here: [10]http://www.ombudsman.parliament.nz/

 

Due to the COVID-19 global pandemic response, the Ministry is experiencing
significantly higher volumes of queries and requests for information. If
we are unable to respond to your request within this time frame, we will
notify you of an extension of that time frame.

 

If you have any queries related to this request, please do not hesitate to
get in touch.

 

Ngā mihi

 

OIA Services

Government Services

Office of the Director-General

Ministry of Health

E: [11][email address]

 

 

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