How new traffic light system will apply to workplace
Brittney Deguara sets out how workplaces will function under New Zealand’s new Covid-19 protection framework.
From 11.59pm on December 2, New Zealand will transition into the new traffic light system – the Covid-19 response that allows for greater movement for fully vaccinated New Zealanders.
This framework, which replaces the original alert level system, works with three different lights – green, orange and red. While the rules differ for certain groups at each level, there are some consistencies – keeping track of your movements and wearing face coverings. Kiwis can also visit friends and wha¯ nau at every phase.
Cabinet will meet on November 29 to decide what level each region enters into – a decision that’s based on vaccination rates. It’s already known Auckland will move into red, while no region will start in green.
To give readers a better understanding of how the new traffic light system will operate, Stuff is breaking down key areas. This is how workplaces will operate:
Work in hospitality or at a close contact business? Get vaccinated: At every traffic light colour, the Government has mandated vaccinations for staff working at businesses that require vaccine passes from customers – hospitality, events, gatherings, gyms and closecontact businesses. This mandate is also in place for on-site tertiary education while in red.
To continue working in these spaces, staff will need to get their first vaccination by December 3, when the new framework rolls out. They must be fully vaccinated by January 17 to keep working.
Businesses that don’t follow My Vaccine Pass requirements could face fines of up to $15,000.
What about workplaces with no Government mandates? As Employment NZ explains on its website, businesses not subjected to mandates cannot require individuals to be vaccinated. But they can require certain work to be done only by vaccinated workers, based on the risk of contracting and transmitting Covid-19.
Businesses need to assess their Covid-19 exposure risk first and consider whether other public health measures – like physical distancing and PPE use – can adequately minimise risk. If mandates are needed, businesses should set a reasonable time frame for workers to decide if they’ll get the jab.
The Government last Tuesday announced it had created an assessment tool to help businesses identify whether a mandate is needed.
Workplace Relations and Safety Minister Michael Wood described the tool as ‘‘simple and clear’’ and said it builds on WorkSafe guidance. It also had input from BusinessNZ and the Council of Trade Unions (CTU).
The tool sets out four key factors, and at least three must be met before businesses can reasonably require vaccinations for particular work. The tool isn’t yet available – the Government has earmarked mid-December – and it will be tweaked over the coming weeks.
Based on what we already know, the tool outlines lower-risk environments as places where workers are indoors in a space of
100sqm or more, or outside; they work at least 1m apart from others; are close to others for
15 minutes or less; and aren’t providing services to vulnerable people.
High-risk settings are defined as places where workers are in less than 100sqm of indoor space; are less than 1m distance from others; are close to people for more than 15 minutes; and are providing services to vulnerable people.
What if you don’t get vaccinated? Legislation is still in the works, but the Government’s plan is to introduce a minimum four-week paid notice period for employees who don’t want to get vaccinated and have to step down
from their job as a consequence. This will only be for employees who either don’t have a notice period, or have a period of less than four weeks.
There will also be new rules allowing staff to have paid time off to get vaccinated.
This legislation will be passed under urgency this week.
It will come into effect the day after it’s passed.
Employers are still encouraged to consider reasonable alternatives before termination.
This could be finding the staff member alternative work in the business that doesn’t require that they be vaccinated.
The traffic light levels, broken down
Here’s how workplaces will operate specifically under each traffic light.
Green: This is the least restrictive level under the traffic light system. This is when there are some Covid-19 cases in the community, transmission is limited and hospitalisations are manageable.
At green, record-keeping and scanning is required. Face coverings are mandatory on flights and are encouraged indoors.
Workplaces can operate as normal.
Orange: This level is where there is increasing community transmission that is putting pressure on the health system.
At orange, record-keeping and scanning is required.
Face coverings are mandatory on flights, public transport, in taxis, retail, public venues and encouraged elsewhere.
Workplaces can operate as normal.
Red: This is the highest level in the traffic light system and is where action needs to be taken to protect people and the health system from an unsustainable number of hospitalisations.
At this level, working from home is encouraged.