In the last few months, as the island has experienced the
pandemic's latest wave, many employees have reverted to working
from home. As the wave recedes, employers will no doubt be debating
whether it is appropriate to encourage employees back into the
office, and how this can be done safely.
One step that employers may be considering to promote staff
safety is to allow only fully-vaccinated staff into the office.
Adopting such a policy will involve a number of legal risks for the
company, considered further below.
As a starting point, it is helpful to consider the extent of an
employer's duties under health and safety law. Under the
Occupational Safety and Health Act 1982 (OSHA), an
employer has duties to protect the health and safety of its
employees and provide a safe working environment for its staff and
other persons who may be affected by its business, such as
suppliers while they are on site.
