Audrey Hinchcliffe | COVID-19: The employers’ dilemma

A dilemma is a situation in which a difficult choice has to be made between two or more alternatives, especially ones that are equally undesirable (Oxford Dictionary).

Employers are mandated to maintain a safe and healthy work environment in order for employees to adapt themselves. The Factories Act and the Occupational Safety and Health Act make provisions for the safety of workers at all categories of the workplace.

There are conditions that speak to the type of business, whether it is health, factory, tourism and hospitality, educational institutions, household, or personal care, among others. Employers must establish policies to give effect to the requirements.

Since the onset of the coronavirus pandemic, legal luminaries have been analysing various pieces of legislation and related regulations for their applicability to workplace environment for the health and safety of workers. Employers, on the other hand, are revisiting policies governed by regulations, guidelines, and protocols for the respective types of business, and health and safety measures for both employees and clients. These are mainly for compliance with new guidelines and protocols under the Disaster Risk Management Act, and its various enforcement measures, for controlling the spread of COVID-19.

What are employers to do? It is becoming clear that while employers have a legal responsibility to provide a safe workplace, they seem not to have a right to make policies in the best interest of the workplace without the workers’ and their representatives’ agreement. This is the employers’ dilemma.

In listening to arguments from the Ministry of Labour, couched in reference to the International Labour Organization (ILO), and the World Health Organization (WHO) wherein lies the case for vaccinations, here comes the case for vaccinations with words that complicate matters – ‘ compulsory’ and ‘mandatory’. These words bring out a whole new conversation based on laws which did not contemplate the coronavirus pandemic.

If everything becomes workers’ choices, options, and any other permutations, the employer is robbed of any rights in the quest to provide that required safe workplace. The employer is left with words such as ‘ conversation’, ‘consultation’, ‘moral suasion’, ‘options’, ‘expectations’, ‘interests’, and ‘encouragement’. These are nice words at this unprecedented time like no other, when employers have a legal responsibility yet have no legal right to enforce policies in this regard. And I am making specific reference to treat with the coronavirus.

A ROLE TO PLAY

At the time of writing, happily, all types of vaccines have become available – AstraZeneca, Johnson & Johnson and Pfizer. Some of the arguments against taking the vaccine had to do with the type available. It will be interesting to see if the uptake increases as the availability counters some of the reasons for hesitancy or reluctancy, in addition to conspiracy theories and myths.

For access, the matter of logistics is being addressed, which includes taking vaccinations to the workplace by special arrangements. This is among the efforts being made by employers. I hope this is not a case of bringing the water to the horse but cannot get the horse to drink it! Only time will tell.

Employer and trade organisations have a role to play in crafting policies and lobbying for legislation for good effect. I feel certain that this coronavirus pandemic won’t be the last force majeure.

Businesses, regardless of type, whether labour intensive or not, cannot be expected to operate on whims and fancies of individuals, but, instead, on a foundation for the common good – employees, clients, and the community as a whole. Whether it is local transmission or community spread, the situation is of importance to employers, as workers are from all strata of the society and COVID-19 is not selective.

Whether by private or public transportation, the virus hitches a ride on humans whose movements culminate at the workplace, business place or any other place where mass gatherings occur. Despite observing guidelines and protocols, there will always be a breakthrough of the virus, and who gets infected cannot be predicted. Death is the only thing predictable.

I can hear the howls of objection to mandating the vaccine, but howls can be nowhere louder than the agony of illness and screams when death occurs. I feel certain that a jab is less painful, so let’s not be selfish, “take the damn vaccine” before we get to “jab or no job”.

M.A. Hinchcliffe, CD, JP, MSc, BA, is the CEO and founder of Manpower and Maintenance Services Ltd Group. Email feedback to ceo@manpowerja.com and columns@gleanerjm.com.