FEBRUARY 2022
Decision Document
Kia ora koutou,
With the highly contagious COVID-19 spreading into the community, a number of employers have
introduced policies whereby only vaccinated persons can attend their workplaces in order to reduce
the risk of contracting, transmitting, and the resulting health consequences of having COVID-19. Stats
NZ, like other employers, has been looking at these scenarios for the safety of its employees, an
ACT d also
for the respondents, stakeholders and communities we engage with, to help protect against COVID-
19 and its potential health-related impacts.
On 19 January 2022 Stats NZ started a two-week consultation process where you were asked to
provide feedback on the proposal that certain roles that undertake the following activities be fully
vaccinated against COVID-19. The activities included:
- entering the Christchurch, Auckland and Wellington Stats NZ offices and/or
INFORMATION
- engaging with our communities and stakeholders attending indoor/outdoor events.
The consultation pack provided included a draft Risk Assessment and a proposed COVID-19 Controls
Policy.
By the time consultation ended on 2 February 2022, we had received submissions from 96 employees
out of approximately 1300 employees (and contractors) who received the consultation pack – thank
you to those who took the time to engage in this process. The feedback we received was considered
and identified some areas that need further thinking and exploration. Overall, the majority of the
feedback was positive and in support of this health and safety initiative.
We have now reached the decision that only employees who are fully vaccinated against COVID-19
can undertake roles that enter the Christchurch, Auckland and Wel ington Stats NZ offices and/or
engage with our communities and stakeholders attending indoor/outdoor events.
Although we recognise everyone has a right to choose whether to be vaccinated, our duties under the
Health and Safety Work Act 2015 (HSWA) mean we need to take all reasonably practicable steps to
ensure the health and safety of our team and those we engage
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ensure our team does not become seriously ill while at work, and that the actions of our team do not
cause others to become il . Having conducted a risk assessment that showed the vaccine is the best
way to keep our people (and others) safe from COVID-19, and having reviewed the Government and
expert advice regarding the safety of the vaccine, we needed to make a decision on the best approach,
and this is why we have decided to implement the COVID-19 Controls Policy.
This document sets out further the reasons for our decision and our responses to some common
questions and themes that you have raised. It also includes the COVID-19 Controls Policy which has
been adopted with some amendments in response to the feedback received.
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Implementation Timeline
The following timeline will now apply:
• Employees who have not submittted their vaccination status will be asked to confirm their
status by 4 March 2022. If your status is not confirmed by 4 March 2022 you will be
considered unvaccinated.
• From 14 March 2022 all Stats NZ employees will be required to by fully vaccinated to enter
ACT
any Stats NZ office and/or attend indoor and outdoor events.
If you are currently undecided about whether to be vaccinated, we would encourage you to take some
paid time to talk with your doctor or other trusted health professional. Paid time is also available for
you to attend a vaccination clinic to get your COVID-19 vaccination including the booster.
For those employees who are unvaccinated, we will work with you on an individual basis in good faith
to see if the tasks of your role can be undertaken away from the office on a permanent basis and we
INFORMATION
may consider alternative duties. Where such arrangements are not available, reasonably practicable,
or cannot be agreed, termination of employment may result.
Your health and wellbeing is important to us, not just in managing aspects of COVID-19. We also know
that change can create uncertainty. To assist you during this time please talk with your People Leader,
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your P&C Team and seek support at any time through our Employee Assistance Programmes.
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Decision Document – Submissions and Responses
We received a total of 96 submissions with a majority agreeing with the proposals. Of those that
expressed an opinion, 64% were favourable and 36% were unfavourable.
We appreciate the time taken to respond to the consultation the input we received was very much
valued. Every single submission was read and taken into consideration.
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Detailed below are the key themes, comments and questions they were raised, alongside that our
responses to them.
Feedback Received
Our Position
Requirement to Vaccinate
Most staff who replied supported the proposals We agree, Stats NZ has a duty under the HSWA
deeming them reasonable and fair, and believed to take all practicable steps to ensu
INFORMATION re the health
that the policy would make them safer and and safety of our team, including doing what we
provide much needed reassurance, and that the can to ensure our team do not become seriously
policy was necessary to protect all staff, their ill while at work and that the actions of our team
whānau, and our communities
do no cause others to become ill.
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As above
THE
Others detailed that working in a safe workplace
environment was a fundamental right and that
given the rise of close col aborative working and
flexible workspaces where physical distancing in
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meeting rooms, bathrooms, kitchenettes and
lifts are almost impossible to ensure, vaccination
of all office staff was an effective health and
safety measure
Many spoke of their preference to work from the We understand that working in the office is a
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office for a multitude of reasons including higher preference for many which is why we have
productivity, social connection, separation of developed the COVID-19 control measures and
work and home life
the
Stats NZ COVID-19 Protection Framework
to set out under what circumstances and
settings working from the office can be safely
maintained.
Others favoured implementation of the policy as As above
it would facilitate their return to the office for
those currently working from home given their
current concerns regarding the risk of infection,
and for others, it would provide them with a
sense of security going forward to remain
working in the office especially if Omicron was
spreading in the community
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Others felt that it was unreasonable to require a The 90% target was set by the Government to
100% vaccination rate for office-based staff reduce physical lockdown time and move into
given the Ministry of Health target of 90%, and the traffic light system.
with vaccination rates within Stats NZ already
likely to be above that number.
The Government has always had the aim of
getting as many people vaccinated as possible
given it save lives.
Given the expert advice from the Ministry of
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Health (MOH) continues to be that vaccination is
the best way to protect the health and safety of
people from COVID-19, Stats NZ has determined
that it needs to take all reasonably practicable
steps to ensure the health and safety of our
team and requires all employees coming into the
office to be fully vaccinated.
INFORMATION
Could vulnerable staff still catch COVID-19 within As with any vaccine, the Pfizer vaccine may not
a fully vaccinated office?
ful y protect everyone who gets COVID-19 or
eliminate its spread.
Vulnerable staff may still get COVID-19 in a fully
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vaccinated office and if they contract COVID-19
have a higher risk of serious infection.
THE
Having a fully vaccinated offices
helps protects
vulnerable people but does not ful y protect
them from getting COVID-19.
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COVID-19 vaccine: Severely
immunocompromised people | Ministry of
Health NZ
It was also raised there wou
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ld be implications for Stats NZ recognises the importance of our role
Stats NZ under the Health and Safety at Work Act and obligations under the HSWA. Stats NZ relies
2015 in relation to recklessly causing death, on credible sources such as MOH advice on
serious injury or serious il ness due to mandating vaccination as a control against COVID-19
a vaccination
transmission, and we are confident that we have
met our obligations in this regard. Stats NZ is
neither administering vaccinations nor forcing
people to get vaccinated. They have a choice
not to.
Office staff would not be engaging in work Stats NZ employees in their everyday lives will
activities that put them at a greater risk of engage in activities that put them at risk of
exposure to COVID-19 than they would be on exposure to COVID-19. Stats NZ does not have
public transport or public spaces
control over these activities, but we do have
control over our workplaces, and indeed have
legal obligations in respect of them.
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The Policy document does not explicitly state We have adapted our policy, following feedback
that all office-based staff wil need to be to make it clear that the scope of the policy
vaccinated, only the consultation document does covers Stats NZ employees and contractors who
are employed or engaged to undertake roles or
work-related activities that have been
determined to require fully vaccinated workers.
The roles that are covered in the scope include
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field-based roles and roles that are required to
come into the Stats NZ offices, and those that
engage with stakeholders and the community at
indoor/outdoor events.
Safety and Effectiveness of the Vaccine
The safety of the COVID-19 vaccination itself and Stats NZ continues to rely on public health
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its effectiveness has been questioned?
experts to provide advice on the risk presented
by COVID-19 and the best ways to mitigate the
risk. Public health experts are best placed to
understand and interpret the relevant research
and provide advice on the appropriate approach
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in the New Zealand environment.
THE Based on this expert advice we continue to be of
the view that the vaccine is a safe and effective
tool to limit the risk infection and transmission
of COVID-19 in the workplace.
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COVID-19 vaccination: Your questions answered
| Unite against COVID-19 (covid19.govt.nz)
COVID-19: Vaccine effectiveness and protection
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| Ministry of Health NZ
Support for vulnerable staff and medical
exemptions
Many who considered themselves a vulnerable Our intention is to continue to provide a safe
person, immuno-compromised, or someone with working environment for everyone including
underlying health conditions described feeling vulnerable employees. Vulnerable employees
much safer and more comfortable being in the who are fully vaccinated are able to come into
office knowing that those around them had the Stats NZ offices knowing that workers
taken the precaution to prevent the spread of around them are fully vaccinated.
the virus by being vaccinated, whilst other staff
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did not want to effectively exclude vulnerable
staff members from the office environment
Some asked for Stats NZ to provide an exemption Stats NZ has decided that only medical
process either without question, or on the basis exemptions that have been granted by the
of personal, medical, or belief reasons without Director-General of Health will be considered as
the requirement of a Ministry of Health valid. The process and criteria are set out by the
certificate
MOH at the following link:
COVID-19 Vaccine
Medical Exemption Criteria. If you wish to seek
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a medical exemption, you will need a suitably
qualified medical practitioner to apply for an
exemption on your behalf. You will be able to
attend the workplace if you are granted a
medical exemption by the Director General of
Health.
If an employee claims that they could not be
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vaccinated by reason of one of the prohibited
grounds of discrimination as set out in the
Human Rights Act, then Stats NZ will work
through the issues in good faith with the
individual employee, and will consider its
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obligations under that legislation on a case-by-
case basis.
THE
Wil additional support be offered to those that We will continue to provide paid Special COVID-
have side effects or that aggravate pre-existing 19 Leave to all employees if they are unable to
il nesses or conditions as a result of rece
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iving a work for a period of time on advice from their
COVID-19 vaccination, and wil Stats NZ provide doctor due to an adverse reaction to the
compensation for staff injured as a result of vaccine. A medical certificate to this effect will
receiving the COVID-19 vaccination due to the be required. All Stats NZ employees are eligible
mandatory requirement?
for this leave with prior agreement. If more time
is needed to recover from vaccination, ACC may
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support any extreme adverse reactions.
Wil exposed or isolating staff be provided with Should exposed or isolating staff be well enough
additional COVID-19 leave in addition to their to work then we would expect them, where
sick leave allowance?
possible, to be working from home. Should this
not be possible, or the staff member is too
unwell to work, additional Special COVID-19
Leave would apply.
Omicron Variant
What about the Omicron variant?
Although Omicron is a new variant, our medical
experts from MOH have already learned a lot
from experience overseas. Research suggests
that, compared to Delta, Omicron:
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• Is more transmissible.
• May cause similar symptoms, but
because we have a highly vaccinated
population, many people may not have
any symptoms, though could stil pass
the virus on to others.
• Does not result in as many people
being hospitalised, however because of
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the high number of people with
Omicron, hospitalisations have risen
steadily.
• Can still cause severe illness and even
death, especially in people who have
underlying health conditions.
What is COVID-19 | Unite again
INFORMATION st COVID-19
(covid19.govt.nz)
What about the effectiveness of the vaccine with With the onset of Omicron, the guidance
the new variant Omicron?
provided b
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vaccine is effective in reducing the number of
people who get COVID-19 and provides
THE protection against the symptoms of COVID-19.
The MOH have updated their advice to say that
the booster (in addition to the two doses of
vaccine) is likely to offer greater protection and
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based on this Stats NZ is encouraging al
employees to get the booster.
COVID-19 vaccination: Your questions answered
| Unite against COVID-19 (covid19.govt.nz)
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The risk assessment includes only the worst-case In our risk assessment, we have included death
scenario of fatality, which results in a as a possible consequence based on MOH
disproportionate focus on perceived risk, advice. The MOH still advise that although
especially due to the belief that omicron does not Omicron is mild, for many people it can still
present a morbid risk and so should be reviewed. cause severe illness and even death, especially
in people who have underlying health
conditions. Consequently, the degree of harm
that may result from the risk of exposure can still
be severe.
COVID-19 vaccination: Your questions answered
| Unite against COVID-19 (covid19.govt.nz)
Stats NZ consulted on a draft risk assessment
There is no consideration to how the Omicron across the five risk contexts for the transmission
variant wil change the risk profile from both the and contraction of COVID-19. The draft risk
perspective of the increased transmission rate assessment was based on the expert advice
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associated with this variant and so the likelihood from the MOH at the time when Delta was the
of all five risk contexts should be raised to almost prevalent variant. Stats NZ has continued to
certain, and evidence that that vaccines appear review the advice provided from MOH, even
to be less effective at managing spread of during consultation, to see if there is any
omicron compared to delta and so this needs to material changes to the advice provided.
be reflected in the risk assessment.
The MOH has continued to update its advice,
based on experience overseas, relevant studies,
and clinical studies on new variants including
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Omicron. The MOH has not materially changed
its advice with the Omicron variant and
continues to provide advice that the vaccine is a
safe and effective tool to limit the risk infection
and transmission of COVID-19 in workplaces.
The MOH’s updated advice indicates that they
believe the effectiveness of the vaccine may
diminish over time and that a booster can offer
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greater protection against transmitting COVID-
19 to others and reduce the chance of more
serious infections.
Stats NZ will continue to review risk assessments
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when there are material changes to MOH
advice. A new risk assessment has been drafted
THE on the Omicron variant based on employees
being fully vaccinated across the five risk
contexts and the potential impact on operations
if large parts of the agency’s workforce were to
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get sick. This risk assessment has been
consulted on with the National HSW Committee,
HSW Advisors and Representatives.
Alternative control measures in place of
vaccines
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A feeling amongst others was that a vaccination We will continue to follow all health and safety
mandate was not essential as there are protocols, within the protection framework,
numerous ways for COVID-19 within the office recommended by the MOH and all government
environment and other preventative measures requirements. Vaccination is one of a suite of
could be taken to reduce risk e.g., testing; face controls recommended by the MOH. The
masks; ventilation; social distancing, breath, different controls considered and implemented
atmospheric testing and rapid antigen testing.
are set out in full in the risk assessment.
Stats NZ risk assessments includes the controls
of face masks, ventilation, social distancing,
reduced office occupation and hygiene
practices. The risk assessments have
determined, taking into consideration these
other controls, that vaccination is an additional
control that is required to minimise the level of
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risk of contracting and transmitting COVID-19 to
an acceptable level.
Rapid antigen testing is being researched by
Stats NZ for our field teams as a surveillance tool
to detect COVID-19.
Rapid antigen testing | Ministry of Health NZ
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As new controls are recommended by MOH then
these will continue to be considered and
assessed in each risk assessment.
The risk assessment only compares no control In the risk assessment we have reviewed each
measures against a suite of control measures control for its effectiveness and have considered
including vaccination, and should therefore whether the controls (without vaccine) bring the
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undertake a third assessment which contained risk of contracting and transmission of COVID to
all other control measures expect the an acceptable risk level. The risk rating with only
vaccination so that the residual risk could be these controls was still high and it was only with
evaluated
the addition of vaccination that brought the
level of risk to an acceptable level (low).
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Working from home
THE
All unvaccinated staff should temporarily be able We will work in good faith with unvaccinated
to work from home until such a time that the employees on a case-by-case basis to explore
policy is reviewed or the pandemic becomes their individual circumstances and the
endemic, should this not be possible, eve
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ry effort requirements of their role. If accommodating
should be made to find alternative roles even if it working from home is not possible, we will
is completely different from their current work, explore other potential redeployment options.
and should this also not be possible, unpaid
extended leave for a stated period be provided. However, we consider that it may not be
possible in all cases for office staff to be able to
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work from home on an indefinite or time-
specific basis as an alternative to vaccination. If
this occurs, then termination of employment
may be considered. Unpaid extended leave
would be considered on a case-by-case basis.
What wil the process be for deciding if and for We have developed a COVID-19 - Long-term
how long a role can be undertaken from home Working from Home Assessment to support
and wil consideration be given to the longer- managers and ensure that the tasks of the role
term desirability of this as being together in the are assessed to help them make a decision on a
office is crucial to team culture, including sharing case-by-case basis whether their roles may be
and learning from one another, and that undertaken away from the office. This may not
Microsoft Teams is a supplemental system which always mean equitable outcomes, for example,
does not replace in-person face-to-face contact. it may be determined an unvaccinated person
Also, by allowing unvaccinated staff to can undertake their role away from the office
exclusively work from home, this could create but for a vaccinated employee in a similar role
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inequitable outcomes for vaccinated employees their current flexibility arrangement will apply
who may not be able to benefit from such an which may require them to come into the office.
agreement
Our priority is to try and keep people employed
at Stats NZ where we reasonably can, while at
the same time continuing to be able to meet our
organisational outputs and engendering a
workplace culture that supports collaboration.
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That the policy proposed was inconsistent with Th
e Stats NZ COVID-19 Protection Framework is
Stats NZ's own COVID-19 Protection Framework not a long-term model of working and not a
as under both the orange and red settings, staff model that supports the collaborative
have the option to work from home if they are environment that we are looking to create at
more comfortable doing so, and under the green Stats NZ. This is a Business Continuity Plan rather
setting, people concerned about positive cases in than a way we look to operate in the longer
their environment have the option to work term.
remotely. Therefore, following those established
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guidelines for both vaccinated and unvaccinated
was a fairer approach
Wil unvaccinated staff be offered additional We will not be providing additional payments
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payment and/or equipment should it be but wil consider equipment requests on a case-
accepted that they can work from home by-case basis. Stats NZ is currently developing a
indefinity?
THE policy on the provision of equipment for
employees who work from home which would
apply.
Public Service and alignment with Stats
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Way
Some felt that as a government organisation and We agree. The COVID-19
Public Sector
as public servants we have a duty to role model Workforce Guidelines states: “It is important
behaviours that the Government is asking of that public sector agencies take a consistent
citizens such as getting vaccinated, and to approach and model what is expected for the
reinforcing the message t
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hat the COVID-19 rest of New Zealand” and “Complying with all
vaccine is safe and effective in control ing the required public health and social measures, is
spread of the disease
the bottom line for all agencies while continuing
to provide public services to the ful est extent
possible for all New Zealand.” Agencies should
continue to engage with staff and unions on
planning for complying with the public health
and social measures of the COVID-19 response.
That Stats NZ was acting without a Government Although Stats NZ is not acting under a
mandate and so should only be taking such Government mandate, we have obligations
measures if imposed on it
under the under the HSWA to provide for the
health and safety of our workers. To do this we
are required to take all reasonably practicable
steps to eliminate risks to health, which is why
we have undertaken the risk assessment and
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made the decisions to require employees to be
fully vaccinated for certain roles and activities.
It would negatively impact on Stats NZ's We acknowledge that there are implications and
commitment to diversity and inclusion, conflict challenges as a result of this policy. This is a
with our Wel being Policy, make our recruitment challenging policy for those that chose not to get
challenges even harder, exacerbate business vaccinated, and we know that it may be difficult
continuity concerns, and go against the Stats to replace staff who leave.
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Way and our "bringing our whole selves to work"
ethos
It is important to acknowledge that the issues
around vaccination are sensitive, and we need
to be aware of this whenever we are talking to
those we work with.
However, overall we are committed to
supporting everyone to be able to perform their
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roles safely. The policy ultimately is a health and
safety initiative to protect Stats NZ employees
from the contraction and transmission of COVID-
19.
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Policy and Vaccination Status
A policy review date should be detailed THE
Given the fast-changing nature of the situation
we will complete a review of the Policy in 6
months. However, if the MOH materially change
its guidance we will take this into account to
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determine if we should review our Policy earlier
.
It was raised whether fully vaccinated status Stats NZ follows the advice and guidance from
should remain as two main vaccinations and not the MOH, Ministry of Business, Innovation and
any subsequent boosters, whilst others Employment and Te Kawa Maataho. The
requested that boosters become a requirement variants and risks associated with COVID-19 may
when staff become eligible t
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o receive them
continue to change and the measures and
controls we implement today wil be reviewed
as further measures and controls become
available, such as booster shots. As per our
Policy, what constitutes “fully vaccinated” will
be determined and advised by Stats NZ from
time to time and will take account of public
health and Government guidance at the time.
We will update, amend, or replace this Policy as
needed. If any significant changes become
necessary, we will consult again with you.
A request for Stats NZ to considers mandating Stats NZ has legal obligations under the Health
other vaccines such as measle for staff who and Safety at Work Act 2015 to take all
interact with the community
reasonably practicable steps to provide a safe
working environment, but has not at this stage,
identified through the risk assessment process,
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the need to implement vaccinations against
other diseases as a control measure.
Proof of Vaccination
Is the Vaccine Pass expiry date being used for any Once employees have confirmed their
specific purpose?
vaccination status using their Vaccine Pass, and
it is recorded in CiAnywhere, then they wil be
able to attend the offices or engage in
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indoor/outdoor events without requiring to
provide further evidence to Stats NZ. When your
Vaccine Pass expires you will be required to
update your details in Ci Anywhere.
If Vaccine Passes are used to verify vaccination Staff at Stats NZ, new and existing, will be
status, both new and existing staff should be informed of all the information they are
made aware of the risks related to COVID-19 in required to know around COVID-19.
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their work duties and how these duties compare
to risk factors described in the HRC and
WorkSafe’s policies
Others were opposed to restrictions on freedoms It is not unusual to place restrictions on
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by government and government employers both freedoms if it is in the public good and/or
in terms of the vaccination and the issuing, justified to do so. We are following the
col ecting and storing of the Vaccine Pass itself
THE Government guidance provided as to how we
can best meet our legal obligations to our
people.
How wil vaccination records be stored, ho
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w long Records are stored in CiAnywhere alongside
for, and wil this be shared externally?
other forms such as the Conflict-of-Interest
declarations. This information is collected for
the purpose of ensuring adherence to the policy
and wil be kept in accordance with usual HR
records and Privacy Act requirements. It will
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only be shared externally if authorised by the
individual or otherwise permitted by law.
Others raised privacy and wel being concerns We understand that there may be psychological
given if a staff member chooses not to disclose and wel being chal enges faced by some staff as
their vaccination status, it would be assumed a result of their personal decisions, and we want
that they were unvaccinated, and so pose a to ensure that support is provided and so
significant risk to psychological safety as it would encourage those experiencing this to contact
create a situation where staff would in effect our employee assistance programmes and/or
have their personal medical choices 'outed' speak with your people leader.
leading to discrimination by other staff,
impacting morale and their relationships with With regards to privacy concerns, if the
others
vaccination status of an employee is disclosed
due to someone with access to that information
passing it on, that will be dealt with from both a
privacy breach and a disciplinary perspective.
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If staff members are inappropriately speculating
on another employee’s vaccination (or health)
status due to their absence from the office, that
is a conduct issue and should be dealt with as
appropriate. We note that we consider the risk
of someone being "outed" due to working from
home as low, as this practice is common, and
staff have a number of reasons to do so.
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Consultation, Dates and timing
Some felt the consultation period and the We agree that it is important to ensure that
consideration of feedback was too short given there is sufficient time for both consultation and
the significance of the impact and implications of proper consideration of feedback. This is
such a decision on staff, and so both the important for both robust decision making and
consultation and decision period should be good policy development. We are satisfied that
extended
the time frames for this have been sufficient.
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Some believed that Stats NZ had failed to afford Stats has an obligation to ensure that everyone
procedural fairness and natural justice, whilst who might be affected or potentially affected
another questioned the extent to which iwi and are given the opportunity provide feedback. As
TTRAM had been consulted and Te Tiriti o the consultation was provided to all staff,
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Waitangi obligations considered
including employees belonging to TTRAM, we
believe that all such persons and teams have
THE been given that opportunity and that procedural
fairness has been applied.
Others stated that the process l
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acked We are satisfied that the process has been
transparency as Stats NZ had not committed to robust and fair. The option to provide feedback
release all feedback received, and that an anonymously is not a requirement, though we
anonymous feedback mechanism was not note that some respondents did provide their
provided
feedback anonymously through a third party.
This document seeks to provide a summary of
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the feedback received. We wil consider
requests for raw data but would need to work
through privacy issues.
That the timeframe in which to be fully If employees have an intention to be vaccinated,
vaccinated was unrealistic especially if staff then we can work with them to implement their
needed to consult their GP, to seek an exemption vaccination plan in accordance with MOH
through the Ministry of Health process, or if they guidance. This will be discussed on a case-by-
preferred to receive the new Novavax vaccine
case basis with individually impacted
employees.
Some proposed Stats NZ set two dates, one date As our response above, if employees have an
for staff to have received their first COVID-19 intention to be vaccinated then we can work
vaccination and a second date for full with them to implement their plan provided it is
vaccination
reasonable and in accordance with public health
advice.
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The proposed 1 March 2022 implementation We need to ensure that we al ow the
date should be brought forward as a result of appropriate amount of time to ensure a genuine
Omicron now being present in the community
consultation process has occurred and have
time to then review and refine our approach
accordingly. We also need sufficient time for
employees and contractors to provide their
vaccination status once the decision is
announced. We have extended our timeframe
to 14 March 2022 to allow an appropriate period
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of time for this to occur. On 14 March
employees wil need to be ful y vaccinated to
enter Stats NZ offices and/or engage with our
communities and stakeholders attending
indoor/outdoor events.
Why is the vaccination mandate only coming We have been focusing on those staff who work
into effect now?
most closely with the public (Field Collections
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and Census) to ensure their safety given that
they face the highest levels of risk. We are now
turning our attention to the rest of Stats NZ to
ensure the safety of all our staff. This also
follows the guidance from Ministry of Health
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and Te Kawa Mataaho
Were staff, union delegates and Health an
THE
d Yes, we engaged with the PSA and the National
Safety representatives involved in the process of HSW Committee. This will again be the process
developing the policy and risk assessment?
followed for any new risk assessment.
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To provide a more accessible simplified We accept that the topic is complex in nature
document in plain and consistent language, and have sought to provide a simplified risk
separating out the policy from the guidelines, as assessment which was shared at the
some found the consultation document unclear consultation stage. If you do have specific
and the risk matrices confusing
questions for clarification, please let us know.
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Freedom of Choice
Many who were against implementing a Stats NZ has obligations under the Health and
vaccination mandate for office staff believed Safety at Work Act 2015 to provide a safe
that it was unreasonable given the risk and its working environment. The risk assessments
severity, that it would be divisive and cause completed are for the purposes of the health
unnecessary conflict, social division, and would and safety of all our employees. We will work
result in enforced segregation, whilst others closely with employees who are considered not
stated that whatever the reasons for staff not vaccinated to look for alternative work options
being vaccinated should be treated with respect and will treat all employees with respect and in
and not as second class citizens for exercising good faith.
autonomy over their body.
Some argued that the policy breached the We are satisfied that Stats NZ is acting as a good
Employment Relations Act 2000, contravened employer and in good faith, acting in reliance on
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the New Zealand Bil of Rights Act 1990, and that the advice from public health experts.
it is not reasonable for Stats NZ to require Vaccination is a personal choice, and Stats NZ
vaccinations when using the Governments own will work with staff members who choose not to
vaccination assessment tool for assessing such a (or cannot) be vaccinated to determine what the
requirement.
best way forward is in their employment at Stats
NZ.
Given the financial implication of losing We disagree. Stat’s NZ health and safety
employment, some felt this should be considered obligations to its people are of paramount
ACT
coercion, and so Stats NZ was putting staff under importance to us, and the policy is a key tool to
undue influence and duress to agree to an ensuring we meet these obligations. We are not
unwanted medical treatment.
forcing anyone to get vaccinated, but we are
being clear and transparent as to the
consequences for those who choose not to. Any
affected staff members will be considered on a
case by case/role by role basis in good faith
following a fair and reasonable process Any
INFORMATION
discussions with affected employees will need to
go through a process which complies with the
Employment Relations Act 2000.
Office Environment
OFFICIAL
Wil staff be required to wear masks in all parts We will follow MOH guidelines on mask wearing
of the office, if so, what quality masks are in our offices, which is as per the traffic light
required e.g., P2 or N95, and wil these be
THE
phases: Red Phase 1: Masks on the move, wear
provisioned for staff?
your masks in ALL public areas, between floors
and other government departments in shared
sites. Phase 2: Limit face to face meetings with
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external visitors and prioritise virtual meetings.
Limit movements between floors, stick to your
home floor as much as possible. Masks and
social distancing in meetings with mixed home
floors. Phase 3: Wear masks anytime you leave
your desk. Stick to your home floor, keep
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movements to a minimum. Virtual meetings, or
meetings on your home floor.
At this stage staff have provided their own
masks that they have for personal use outside of
Stats NZ. Due to this we have not looked at
providing masks for staff in general, but this may
require further consideration if employees
request this.
What ventilation systems exist in Stats NZ offices All offices are compliant with their individual
to reduce aerosol transmission e.g., HEPA filters? Building Warrants of Fitness, and all ventilation
systems take old air out and bring in fresh air in.
The air is not rearticulated within the buildings.
There are no additional filters in place as a result
of this. Building services are able to provide
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further information to those that require a more
indepth understanding of the ventilation
systems.
Should an office-based staff member have Following a staff member receiving a positive
symptoms consistent with COVID-19, wil Stats COVID-19 result we will follow and the updated
NZ require the relevant office to be vacated?
Stats NZ COVID-19 Protection Framework and
MOH guidelines.
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Clarification provided around whether a similar Yes, we have been working in partnership with
policy has been or wil be adopted by other other agencies and organisations within our
agencies or organisation in the same building, buildings to ensure we have a standard set of
and what steps Stats NZ wil make to reduce requirements to follow.
unknown contacts/external visitors or enforce
the same standard of requirements on them as
these other agencies and organisations wil have
customers, clients, visitors, contractors, and
INFORMATION
service providers sharing the lifts, toilets, and
communal areas with Stats NZ staff.
Have contractors that are paid directly or Yes, all contractors to Stats NZ coming into our
indirectly e.g., Deloitte by Stats NZ be required to offices/buildings are required to prove their
OFFICIAL
prove vaccination status?
vaccination status.
THE
Termination of Employment
Why would Stats NZ dismiss staff whe
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n other We have set out in the Policy document that
viable options are available?
Stats NZ will seek to retain unvaccinated staff
and accommodate them where we can taking
into account the nature of the role and the work
undertaken. We wil work with the employee in
good faith to see if the tasks of their role can be
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undertaken away from the office on a
permanent basis and we may consider other
viable alternative duties.
The potential impact of staff having their As noted above, our approach is to try and avoid
employment terminated was disproportionate, terminating anyone’s employment where this is
and unvaccinated staff were being overly reasonably practicable. In the event that
disadvantaged
termination is the only option, Stats NZ will work
through the process consistent with our legal
obligations.
Further, and as is also set out above, termination
of employment would only be considered after
a fair consultation process and other options
had been exhausted. We accept that should this
occur the impact on that staff member will be
significant, we must balance this with the overall
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wellbeing and safety of all staff. We have set out
within both the Policy and Risk Assessment
documentation the reasons for behind
implementing such control measures.
Redundancy terms should apply if termination of Any decision to terminate employment will be
employment is the final result of not providing on notice. Redundancy does not apply as roles
evidence of fully-vaccination status
are not being disestablished and will still exist.
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The PSA were consulted as part of this process
and have provided feedback on the Policy.
Did the PSA agree on the policy and the Please contact your local PSA delegate should
circumstances around termination of
you wish to understand more about the PSA’s
employment?
position and response to this Policy and
consultation.
INFORMATION
Risk Profile
Consideration should be given to the possible We acknowledge that there are risks involved in
exposure to COVID-19 whilst commuting to using public transport whilst commuting to
work, especially when using public transport, work, however, they fall outside of our control
OFFICIAL
and this should also inform our Travel Policy e.g., and our legal obligations. We expect staff to
only using providers that require proof of comply with Government requirements should
vaccination status
THE they choose to us this (e.g., mask wearing,
scanning). We will not be mandating travel
requirements for Stats NZ employees in addition
to the Government requirements.
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As the vaccination profile of staff was unknown We are not planning to update the risk
at the time of the risk assessment this should be assessment with % Stats NZ vaccination rates.
updated post consultation which would reflects We have deemed that being fully vaccinated is
the revised risk based on these numbers
an essential control for the health and safety of
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our employees and in the latest risk assessment
made the assumption that the workforce in the
office is fully vaccinated.
The risk assessment does not adequately In completing the risk assessment, we have
demonstrate or explain the likely or relative risks identified activities that are at high risk of
of contracting COVID-19 in the workplace on a contracting and transmitting the virus (i.e.,
site by site or role by role basis e.g. a receptionist working in the office in close proximity,
who deals regularly with external visitors wil attending community engagement events) and
require different risk mitigations to an analyst completed the assessment on these activities.
who predominantly works from home and Any roles that undertake these activities have
interacts with their team via Microsoft Teams, been included in the consultation which covers
nor does it detail the impact of this e.g. serious a broad range of roles. We understand that
il ness or death.
some roles wil spend more time in the office,
and this will be taken into consideration when
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determining if the role can be undertaken away
from the office.
Further information on the data and All other supporting documentation is provided
methodology relied on to formulate the risk under ‘References’ in the COVID-19 Office Risk
assessment, that all statements, are specific and Logic Simplified document. Following review of
unsubstantiated, and the basis on which this please let us know if you have any further
conclusions were reached are clear.
questions.
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What documents and guidelines did Stats NZ We have relied on the advice and guidance of
reply on in developing the policy and risk the Ministry of Health, Te Kawa Mataaho and
assessment?
Worksafe in terms of risks and the best public
health measure available to mitigate that risk to
our staff. We have included within this Decision
Document a number of links to provide evidence
of our information source.
INFORMATION
How was close proximity defined?
The 1-meter and 2-meter rule set by MOH.
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THE
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Appendix One
COVID-19 Controls Policy
1. Purpose
This policy sets out the general approach that wil be taken by Stats NZ, and the expectations and
requirements of our employees, with respect to COVID-19 controls such as vaccination and testing.
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As this policy has been developed at a time when workplaces are responding to the challenges of
operating within an environment where New Zealand is combating the spread of COVID-19, it is likely
that this policy, and our approach, will require review and amendment over time given the rapidly
evolving situation and understanding that exists about COVID-19. We will do so in consultation with
employees and union representatives.
Stats NZ is committed to meeting its duties and obligations under the Health and Safety at Work Act
INFORMATION
2015 to provide a safe working environment, and to protecting our employees and the wider
community in which we operate. For these reasons it is critical that Stats NZ and our staff take all
reasonably practicable precautions to protect against COVID-19 and its potential health-related
impacts.
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2. Policy Statement
Whilst Stats NZ will always comply with all curre
THE nt public health measures such as physical distancing
and the use of Personal Protective Equipment (PPE). COVID-19 vaccinations are also a key control
measure against contracting and transmitting COVID-19 within the workplace and to the community,
and in limiting the severity of the virus’ potential impacts.
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Stats NZ promotes an approach of encouraging and maximising vaccination take-up by our employees,
while still protecting and balancing the rights of working people. We accept that vaccination is one of
many potential control measures, and it needs to be properly located within a wider suite of risk
management and workplace controls where the decision to employ it is made by Stats NZ, rather than
mandated by the New Zealand Government.
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3. Scope
This policy applies to all Stats NZ employees and contractors who are employed or engaged to
undertake roles or work-related activities that have been determined to require fully vaccinated
workers.
4. Supporting Vaccination for Stats NZ Employees
Stats NZ strongly encourages all employees who are able to vaccinate against COVID-19 to be
vaccinated.
Stats NZ provides paid Special COVID-19 Leave to al employees who need time off to get vaccinated
or if they are unable to work for a period of time due to an adverse reaction to the vaccine. All Stats
NZ employees are eligible for this leave with prior agreement.
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5. Requiring and Storing proof of Vaccination Status
Once a decision is made by Stats NZ that COVID-19 vaccination is a health and safety requirement for
the performance of particular task, activity and/or a role by its incumbent, the employee concerned
will be informed of the requirement for COVID-19 vaccination and asked for proof of their vaccination
status.
Should an employee choose, in this situation, not to provide details of their vaccination status, Stats
NZ wil operate on the presumption that they are not
vaccinated. This may include standing the
ACT
employee down on pay while next steps are considered.
Stats NZ will collect and retain personal employee information about vaccination status and current
infection status (through any introduction of rapid testing requirements) in accordance with the
Privacy Act 2020. It may also be required to share that information with other agencies, individuals or
organisations, should there be a clear legal requirement for that to occur or should that disclosure be
necessary to enable an employee to access other premises and/or to come into contact with others
for reasons relating to their employment.
INFORMATION
The collection of this information is for a lawful and necessary purpose – to monitor compliance with
this and other related policies, and if necessary, to make decisions about employees’ employment.
Information that is collected will be stored securely in the Stats NZ payroll system and only accessed
by People Leaders and Corporate Services staff with approp
OFFICIAL riate business need. Employees are
entitled to request access to, and correction of, any personal vaccination-related or COVID-19 testing-
related information held by Stats NZ that is abou
THE t and/or identifies them.
6. Employees who choose to remain unvaccinated
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Employees who remain unvaccinated and who cannot undertake their role due to the vaccination
requirement, and/or cannot be redeployed by agreement to a substantially similar role (location, pay
grade, hours of work), and/or who cannot agree any other alternative option with Stats NZ, are likely
to have their employment terminated on notice. Should the employee complete the vaccination
process during their notice period, the termination will be withdrawn and the employee wil then be
able to return to their role an
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7. Recognised COVID-19 Vaccinations
The accepted vaccinations will be the Pfizer COVID-19 vaccine and/or any other vaccination or booster
vaccination that may subsequently be supported and approved by the Ministry of Health. This means
that the types of vaccinations and vaccinations frequency requirements or limits may change from
time to time in accordance with relevant updates and guidelines from the Ministry of Health.
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Document Outline
