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What is the Vaccination Order?

Who can apply for an exemption and who will grant the exemption?

What criteria must be met and what evidence must PCBUs provide?

How to apply for a supply chain exemption

What happens if an application is declined?

Where to go for more information

 

What is the Vaccination Order?

The Covid-19 Public Health Response (Vaccinations) Order 2021 (the Vaccinations Order)(external link) came into effect on 1 May 2021.

It requires that specified roles be undertaken only by vaccinated people because they risk being exposed to and infected by COVID-19 in the course of their work activities.

In July 2021, Ministers extended the types of work the Vaccinations Order applies to. It now includes work at:

  • MIQFs and MIFs (previously covered)
  • airside areas of affected airports and some other higher-risk work at airports
  • affected ports
  • accommodation services where specified aircrew members are self-isolating.

The amendments to the Vaccinations Order came into force on 15 July 2021 and require affected:

  • Government workers to have their first injection of the Pfizer/BioNTech COVID-19 vaccine before the close of 26 August 2021
  • privately employed workers to have their first injection of the Pfizer/BioNTech COVID-19 vaccine before the close of 30 September 2021.

All affected workers are required to have their second injection no more than 35 days after their first.

 

Who can apply for an exemption and who will grant the exemption?

The Vaccinations Order allows PCBUs to apply for a supply chain exemption for a named worker. The PCBU must tell the worker of that application in writing.

The exemption comes into force on 12 August 2021.

The Minister for COVID-19 Response (the Minister) decides if an exemption should be granted. 

 

What criteria must be met and what evidence must PCBUs provide?

The Vaccinations Order provides the criteria which the Minister must consider in deciding whether to grant an exemption. 

Read the Order(external link)

 

The table below outlines the information we expect PCBUs will need to evidence for the matters the Minister must consider before granting an exemption.  

What must the Minister take into account in considering an application?

Information that PCBUs could provide to assist the Minister in making their decision

Clause 12A(5)(a): The potential for significant supply chain disruption if the work carried out by a particular person does not occur

·         What is the supply chain disruption that would result from the worker being unable to perform the role?

·         How significant would the supply chain disruption be?

·         Is the supply chain essential?

·         What is the extent of the risk to the public interest from the supply chain disruption, including economic impacts?

Clause 12A(5)(b): The extent to which the work is necessary

·         What efforts have been made to make the worker aware of the vaccination requirement, including the deadline for getting vaccinated?

·         Has the employer/PCBU offered the worker the opportunity to receive the vaccine during their usual working hours?

·         What is the reason the worker has decided not to be vaccinated at this time (including any identified barriers to the worker being vaccinated)?

·         Has the worker been briefed on the vaccine by a suitably qualified health practitioner?

·         Can the individual worker not be replaced with another existing worker, by another function, or by training of other/new staff in the short term?

·         Can the employer/PCBU operate without the role, even while recruitment or retraining is underway (noting any qualifications required and how long training will take)?

·         How necessary are the work activities, including whether they could reasonably be delayed to facilitate vaccination of the worker needed to perform the role?

Clause 12A(5)(c): The public health risk associated with the work

Does the work involve the worker coming into contact with:

·         International arriving or international transiting passengers at affected airports

·         Affected ships

·         Persons either in, or being transported to, managed isolation facilities/ managed quarantine facilities

·         Affected items.

The Minister may exempt the worker for a specified period provided that the extent of the exemption is not broader than is necessary to address the matters that gave rise to the exemption.

No class or group exemptions will be considered. However, if appropriate, a PCBU may seek exemptions for more than one worker at a time. In this situation, the PCBU should outline the cumulative effect of that group not being vaccinated.

A separate application for each worker is required.

 

How to apply for a supply chain exemption

Before applying, you must:

  • have a worker that is not vaccinated
  • have the agreement of that worker to apply for an exemption
  • be able to demonstrate that you can meet the criteria of the exemption.

This form outlines [PDF, 568 KB] the information that the Minister will require to assess your application. Please complete it and email along with any attachments to Covid19vaccine@transport.govt.nz

It is important that you fill this out carefully, so the Minister can make an informed decision. 

After the Minister has made a decision, you will be informed in writing whether the exemption has been granted or declined.

We expect the process to take at least two weeks from receipt of an application to communicating a decision. This will be subject to change dependent on the number of applications received.

Please note that being in the process of applying for an exemption does not remove the requirement for an affected worker to comply with the Order.

Download the application for the Exemption from COVID-19 Public Health Response (Vaccination) Order 2021 (clause 12A). [PDF, 568 KB]

What happens if an application is declined?

If the application is declined, the worker will either need to be vaccinated within the timeframes specified in the Order or will be unable to perform the role.

Employers/PCBUs can resubmit an application with additional information, however, the timelines specified in the Order still apply. This means no unvaccinated Government worker can be in an affected role after 26 August 2021, and no unvaccinated privately employed worker can be in an affected role after 30 September 2021. 

 

Where to go for more information

Read more about border worker vaccinations on the Unite Against COVID-19 website(external link) – you can also use the tool to find out if a worker must get vaccinated(external link)

 

Find out more from the Ministry of Health’s guidance on the vaccination process for border workers(external link)

 

Email Covid19vaccine@transport.govt.nz for further information or to ask questions.