Page:Workplace Safety and Health (COVID-19 Safe Workplace) Regulations 2021.pdf/15

Rh : vaccinated against COVID-19 infection and has a 24-hour clearance.

(2) In this regulation, “cleared status (overseas temporary)” has the meaning given by the Infectious Diseases (COVID-19 Access Restrictions and Clearance) Regulations 2021.

Duty of occupier in relation to vaccinations, etc.

10.—(1) An occupier of any work premises must take, so far as is reasonably practicable, such measures as are necessary to ensure that every individual who enters or remains in the work premises in connection with any trade, business, profession or undertaking the occupier is carrying on at those work premises is a defined person when at work in those work premises, but not otherwise.

(2) Paragraph (1) does not apply in relation to a customer or prospective customer of an occupier of work premises who is entering or remaining in the work premises.

(3) For the purposes of paragraph (1), if an occupier does not hold vaccination information about an individual, the occupier must treat the individual as if he or she is unvaccinated against COVID-19 infection. Illustrations An enterprise may refuse to allow a job seeker applying for a job to enter its office, even for an interview, if the job seeker refuses to provide his or her vaccination information to the enterprise. A builder which is the main contractor of a work site for a building extension may refuse to allow an electrician engaged by one of its subcontractors on an ad hoc basis from entering the work site if the electrician refuses to provide his or her vaccination information to the builder.

Duties of employer in relation to vaccinations

11.—(1) An employer must take, so far as is reasonably practicable, such measures as are necessary to ensure that every employee of the employer permitted or required to attend (or both) at any workplace to perform work is a defined person when so at work, but not otherwise.

(2) An employer must not hinder or prevent any employee of the employer from reporting for, and undergoing, vaccination against