Guidance document for PCBUs and workers - ending employment directions in Oct 2021
Erika Whittome made this Official Information request to Ministry of Health
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From: Erika Whittome
Dear Ministry of Health,
A document called "Health & Disability Worker Vaccinations Order
Guidance document for PCBUs and workers" is dated Oct 2021 and has the following on page 13 and 14:
What must employers do between now and 15 November 2021?
Write to all workers within your PCBU who perform work within the scope of the Order, advising them of the Order and the need to be vaccinated by 15 November 2021.
EXAMPLE LETTER: WHERE VACCINATION STATUS IS UNKNOWN
Dear xx
COVID-19 Public Health Response (Vaccinations) Order 2021 – Heath & Disability Workers
We are writing to you following the NZ Government’s announcement on 11 October 2021, that health & disability workers will be required to be fully vaccinated against Covid-19 under the COVID-19 Public Health Response (Vaccinations) Order 2021 (“the Order”).
This means that anyone in NZ who is employed to work in a healthcare setting is required to have at least one dose of the Covid-19 by 15 November 2021, and to have their second dose of the vaccine by 1 January 2022.
We consider that your role of [insert] is a role which is required to be performed by a vaccinated worker under the Order.
Our records show that you are not vaccinated against Covid-19 and/or you have not confirmed your vaccination status.
Please can you let us know your vaccination status by [insert date]. If you are vaccinated, please provide [insert manager’s name] with written confirmation of this (by registering on My Covid Record
https://app.covid19.health.nz/ and providing a screen-shot or print out of the result) by [insert date].
If you are unvaccinated, we are happy to help you make arrangements to be vaccinated in order for you to comply with the Order.
If we do not receive written confirmation from you that you are vaccinated by [insert date], we will assume you are unvaccinated. In this event, you will not be able to work in your role as [insert] from 11.59pm on 15 November 2021. From this date you will be temporarily stood down from your duties, or we will agree to you taking annual or other leave until [insert date] whilst we work through the impact of your vaccination status on your ability to perform the role, and whether any alternative arrangements or accommodation can be considered.
If you have any queries about the content of this letter, or if you do not consider you are covered by the Order referred to above, please contact [insert name] immediately. You should also feel free to seek independent advice, including from your union, if you are a member. We realise that this may be an unsettling time for you and would like to remind you that free, confidential counselling and support is available to you. You can contact our Employee Assistance programme [contact details] to make an appointment. This is a confidential service, and no details are placed on your employee file.
Ngā mihi
What do I do if a worker is not vaccinated by 15 November 2021?
All people covered by the Order must have received their first dose of an approved COVID-19 vaccine by 11.59pm on 15 November 2021 and provide you with evidence, such as My Covid Record.
Where they are unable to provide this evidence, you must take immediate steps to stand down the employee while you consult with them to establish if they have access to a medical exemption, or to discuss any suitable redeployment options for this employee to move to an alternative role where vaccination is not required. If no redeployment options are available, then you will need to bring the employment relationship to an end, by giving formal notice of termination.
-----END OF QUOTE
This quote is from this document called "health_worker_vaccination_guidance_document_for_pcbus_and_workers_-_october_2021_0.pdf" which appears to no longer be on the MoH website, but is archived here:
https://web.archive.org/web/202110250021...
Would you kindly share the all cabinet, ministerial or other papers, advice, memos, correspondence etc that took place to come up with the above?
Yours faithfully,
Erika Whittome
From: OIA Requests
Kia ora Erika,
Thank you for your request for official information. The reference number
for your request is: H2024053547.
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Ngā mihi
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From: Erika Whittome
Dear OIA Requests,
Would you please provide an update to this request for information?
Yours sincerely,
Erika Whittome
From: OIA Requests
Kia ora Erika,
Thank you for your request for official information received on 11 October
2024 requesting:
“Dear Ministry of Health,
A document called "Health & Disability Worker Vaccinations Order Guidance
document for PCBUs and workers" is dated Oct 2021 and has the following on
page 13 and 14:
What must employers do between now and 15 November 2021?
Write to all workers within your PCBU who perform work within the scope of
the Order, advising them of the Order and the need to be vaccinated by 15
November 2021.
Would you kindly share the all cabinet, ministerial or other papers,
advice, memos, correspondence etc that took place to come up with the
above?
The Ministry of Health has decided to extend the period of time available
to respond to your request under section 15A of the Official Information
Act 1982 (the Act)
as consultations necessary to make
a decision on the request are such that a proper response to the request cannot reasonably be made within the original time limit.
You can now expect a response to your request on, or before, 25 November
2024.
You have the right, under section 28 of the Act, to ask the Ombudsman to
review my decision to extend the time available to respond to your
request.
Ngâ mihi
OIA Services Team
Manatû Hauora | Ministry of Health
M[1]inistry of Health information releases
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Kia ora Erika
Please find attached our response to your official information request.
Ngā mihi
OIA Services Team
Manatū Hauora | Ministry of Health
M[1]inistry of Health information releases
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legal privilege.
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immediately and delete this message.
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From: Erika Whittome
Dear OIA Requests,
This OIA was for the advice and I see Annex 1: Crown Law Office Advice is all redacted. Kindly provide the information requested under the Act
Yours sincerely,
Erika Whittome
From: OIA Requests
Kia ora Erika,
Thank you for your email. The Ministry stands by its decision to withhold
this information under section 9(2)(h) of the Act. As you are aware, you
have the right, under section 28 of the Act, to ask the Ombudsman to
review this decision.
Ngā mihi
OIA Services Team
Manatū Hauora | Ministry of Health
M[1]inistry of Health information releases
--------------------------------------------------------------------------
From: Erika Whittome <[FOI #28731 email]>
Sent: Wednesday, 20 November 2024 15:29
To: OIA Requests <[email address]>
Subject: Re: Response to your official information request ref:
H2024053547 CRM:0294024
Dear OIA Requests,
This OIA was for the advice and I see Annex 1: Crown Law Office Advice is
all redacted. Kindly provide the information requested under the Act
Yours sincerely,
Erika Whittome
-----Original Message-----
Kia ora Erika
Please find attached our response to your official information request.
Ngā mihi
OIA Services Team
Manatū Hauora | Ministry of Health
M[1]inistry of Health information releases
References
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1. [2]https://www.health.govt.nz/about-ministr...
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