The International Labour Organization Office for Pacific Island Countries has recommended dialogues and consultation between employers and workers on getting vaccinations as a condition for work.
It stated international labour standards do not directly address the question of mandatory vaccinations as a condition for work, so the legal basis for such a measure would largely depend on the national regulatory framework.
“However, a standards-based approach to the question should emphasise the principle of dialogue and consultations between employers and workers,” stated the office.
“For the area of occupational safety and health, which may also comprise protective measures such as vaccinations, Convention No. 155 and Convention No. 187 specifically require cooperation between management and workers at the enterprise level.”
ILO stated while employers had a general obligation to ensure that workplaces were safe, consultations with workers on all aspects of OHS were an essential element for decision-making as their co-operation was key for the implementation of workplace-related prevention measures.
“Social dialogue and consultations would also appear to be the best means to establish if vaccination might indeed be required for designated jobs, based on objective criteria.
“Where standards do specifically touch on measures of immunisation, they focus on the importance of protective measures in the workplace being accessible and available.
“For example, the Nursing Personnel Recommendation, 1977 (No. 157), provides that immunisation should be provided for in respect to nursing personnel regularly exposed to special risks; and the Occupational Health Services Recommendation,1985 (No. 171), states that occupational health services might, where possible and appropriate, carry out immunisations in respect of biological hazards in the working environment.”
If a decision on mandatory vaccination was made by an employer ILO stated it should be implemented in a non-discriminatory manner, in line with the requirements of Convention No. 111, and with due regard for specific circumstances which may require exemptions and accommodations. Any required OSH measures shall not involve any expenditure for the workers, as required by Convention No. 155, stated ILO.
