The long-awaited rules for the new Protection Framework ("Traffic Light") system are still long-awaited, but more indications are being provided.Yesterday the Government announced businesses would have some legal protection to mandate a COVID-19 vaccination requirement for their workplace provided they followed some rules and fair process.
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 |
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.
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 Traffic Light system will be taking effect from December 3rd 2021.