The Vaccination Conundrum

We have provided advice to a number of operators facing questions from vessel crew, or non-vessel staff/passengers attending aboard vessels as to the legal consequences of a decision not to permit non-vaccinated individuals on their vessels.

We are also aware that several ports in New Zealand have sought input from port users regarding proposals to manage Covid-19 in their ports through vaccination and testing and are consulting on port policies in regard to employees and contractors.

We are seeing some common themes in companies’ responses namely:

1. A commitment to complying with their obligations under the Health and Safety at Work Act (HSWA), WorkSafe guidelines, Maritime NZ Rules (including the Maritime Border Order), and the relevant Ministry of Health Guidelines relating to the proper management of issues associated with Covid-19.

2. Undertaking their own risk assessments on land and specifically on their vessels in order to develop appropriate and scaled company responses that are focussed on discharging their duties under HSWA and keeping employees, crew and contractors safe.

3. On the basis of those risk assessments consulting with crew, employees, contractors and unions, and following robust engagement with employees which provides them with:

   • The reasons why the vaccination policy is being introduced;

   • The evidence/advice/risk assessments that have been completed;

   • A reasonable opportunity to provide feedback on the policy;

   • Genuine consideration of their feedback;

   • Draft clauses it be included in updated employment agreements and collective agreements.

4. Pointing out to staff and crew that they too, have obligations to themselves and others under s 45 of HSWA and comply, as far as the worker is reasonably able, with any reasonable instruction that is given by the company.

5. Once the consultation processes have been followed through, introduce a company vaccination policy which likely includes mandated vaccination for all staff, crew and contractors on company premises and vessels.

This subject is intensely personal and divisive and as a general departure point we have encouraged our clients to keep open minds and not to allow their personal views on vaccination dictate their company policy and response.

If you need advice on Policy Responses to Covid-19, together with suggested clauses for the amendment of employment agreements, please contact Peter Dawson by email peter@maritimelaw.co.nz or phone +64 27 229 9624.