To Mandate or Not – Employers and Mandatory Vaccination Policies

In Ontario, there is now a directive which requires hospitals and others including home and community care providers to have a vaccination policy in place. This directive pursuant to section 77.7 o the Health Protection and Promotion Act has been one of the most contentious in the eyes of employees who are vaccine hesitant and/or hold anti-vaccination perspectives.

Employers need to consider the following as they design their policies:

1. Ensure that the new policy reflects no less than the minimum requirements set out by the directive

2. If considering measures beyond what is directed, be aware of legal obligations and possible implications such as privacy and human rights. Consider questions such as:

• Why do our employees need to be vaccinated?

• Is mandating the vaccination needed to protect employees and clients?

• Is there a high risk of COVID-19 transmission and if so, is it reasonable to request the vaccination status of employees?

3. Keep stakeholders informed including your Board

4. Consider the impact on stakeholders and partnerships

5. Continue to implement and emphasize the required Infection Prevention and Control Practices to limit the spread of COVID-19

6. Maintain clear and comprehensive records of the decisions you made, the reasons why and the method in which you communicated with your employees

Vaccine policy development and implementation is a dynamic topic. Keep apprised of changes to directives and update your policy as frequently as necessary to reflect new requirements.