The long-awaited rules for the new Protection Framework ("Traffic Light") system are still long-awaited, but more indications are being provided. The Government has announced businesses would have some legal protection to mandate a COVID-19 vaccination requirement for their workplace provided they followed some rules under the new My Vaccine Pass mandate and fair process.
Vaccination has been mandated for workers at businesses that must use the My Vaccine Pass to operate, or operate with fewer restrictions, at all levels of the COVID-19 Protection Framework. This covers the sectors of hospitality, events, close contact businesses and gyms.
Workers in these industries will need to have their first vaccination by the day that the COVID-19 Protection Framework comes into effect, which is expected to be 11.59 pm on 2 December 2021. They then need to be fully vaccinated by 17 January 2022 to continue in their role.
Other businesses will be able to make their own decisions around requiring staff (and customers) to be fully vaccinated by the use of a 'tool' to assist businesses perform a simplified risk assessment will be provided in the coming days. If businesses can reasonably prove they come under at least 3 of the four categories in the below matrix they could be justified in requiring workers (and customers) to be vaccinated, and terminate also on that basis.
| Lower risk | Higher risk |
| Working environment |
| Inside 100m2+ or outside | Inside < 100m2 |
| Proximity to others |
| 1 metre + | < 1 metre |
| Time in close proximity to others |
| < 15 min | 15 min + |
| Contact with people vulnerable* to COVID-19 |
| No | Yes |
* Vulnerable people in this sense are considered:
- under the minimum age to be vaccinated;
- medically exempt from being vaccinated; or
- at higher risk of severe illness from COVID-19.
There would also be a mandatory 4 week paid notice period for terminations required in these circumstances.
The Government had said they would expect about 40% of industry to require mandatory vaccinations, but based on the simplistic risk assessment and what we are seeing overseas that figure would more likely be much much higher.
For those sectors covered by the mandate, or businesses which opt to operate under the My Vaccine Pass you still have to follow fair process should you need to terminate staff who wish to remain un-vaccinated.
We have updated our process and letter templates for this scenario. Please see the COVID-19 Employers Pack in the Library of your Employers Toolbox platform.
The Government are also pointing business to WorkSafe's advice on assessing your risk exposure as a business to COVID-19: www.worksafe.govt.nz/managing-health-and-safety/novel-coronavirus-covid/how-to-decide-what-work-requires-a-vaccinated-employee/
The new Protection Framework "Traffic Light" system is planned to be taking effect from this Friday December 3rd 2021.
Green
COVID-19 present, limited community transmission. Hospitalisations are at a manageable level.
100% Vaccinated businesses:
- Hospitality - no limits
- Gyms - no limits
- Close contact businesses - no limits
- Gatherings (e.g. weddings, places of worship, marae) -no limits
- Events (indoor/outdoor) - no limits
Non fully vaccinated businesses:
- Hospitality - max 100 people based on 1m social distancing, seated and separated
- Gyms - max 100 people
- Close contact businesses - face coverings for staff, 1m social distancing between customers
- Gatherings (e.g. weddings, places of worship, marae) - max 100 people based on 1m social distancing
- Events (indoor/outdoor) - max 100 people based on 1m social distancing, seated and separated
Orange
Increasing COVID-19 community transmission and increasing pressure on health system.
100% Vaccinated businesses:
- Hospitality - no limits
- Gyms - no limits
- Close contact businesses - no limits
- Gatherings (e.g. weddings, places of worship, marae) -no limits
- Events (indoor/outdoor) - no limits
Non fully vaccinated businesses:
- Hospitality - fully contactless trading only
- Close contact businesses, events (indoor/outdoor) and gyms closed
- Gatherings (e.g. weddings, places of worship, marae) - max 50 people based on 1m social distancing
Red
Very high unsustainable number of COVID-19 hospitalisations. Action needed to protect at-risk populations.
100% Vaccinated businesses:
- Hospitality - max 100 people, based on 1m social distancing seated and separated
- Gyms - max 100 people based on 1m social distancing
- Close contact businesses - public health requirements in place
- Gatherings (e.g. weddings, places of worship, marae) - max 100 people based on 1m social distancing
- Events (indoor/outdoor) - max 100 people based on 1m social distancing seated and separated
- Tertiary education - vaccinations required for onsite delivery, with capacity based on 1m social distancing
Non fully vaccinated businesses:
- Hospitality - fully contactless trading only
- Close contact businesses, events (indoor/outdoor) and gyms closed
- Gatherings (e.g. weddings, places of worship, marae) - max 10 people
- Tertiary education - distance learning only
For more information on exactly how your business may operate within these levels please see the Government's current guidance here