With the beginning of autumn, the Cabinet of Ministers (MK) has also made the necessary preparations for ensuring an epidemiologically safe environment, including the start of the school and study academic year. What requirements must be met this fall?
The changes in the regulations that have been in force until now have been made by adopting amendments to the regulations of the MK No. 662 "Epidemiological safety measures to limit the spread of the Covid-19 infection" on August 23, 2022.
A fully vaccinated person
The amendments provide for changes in the definition of a fully vaccinated person. Previously, it was expected that from September 1, 2022, a person who received primary vaccination and for whom no more than 150 days have passed since the day of receiving the last dose of vaccine or after receiving the vaccine produced by "Jansen" should be recognized as fully vaccinated 60 days, or a person who received a booster vaccination. Currently, with the latest amendments, this prerequisite for a specific number of days has lost its relevance.
As of August 26, 2022, a fully vaccinated person shall be recognized as a person who, in accordance with the instructions for use of the vaccine or the Vaccination Manual published on the website of the State Agency of Medicines, has received the specified number of doses of the specific registered vaccine intended for a full first or booster vaccination course. Thus, the definition of a fully vaccinated person is linked to the current vaccination, which is adapted to the currently circulating types of Covid-19, promoting the understanding of vaccination against Covid-19 as a seasonal vaccine.
The need for mandatory vaccination
Updating and adapting the definition of a fully vaccinated person to the types of Covid-19 circulating at a particular moment also calls attention to the requirements regarding the need for mandatory vaccination.
The trends in the general attitude towards the spread of the virus disease and the transmission of the different types of the virus open up a wide debate about the necessity of vaccination against Covid-19. Although the importance and effectiveness of vaccinations in preventing the course of a severe disease has been emphasized, as well as the need to be vaccinated with current vaccines that are suitable for the current type of Covid-19, at the same time, the current vision of the mandatory vaccination in certain groups of people is negative. More specifically, as explained in the annotation of the amendments to Regulation No. 662 of the Cabinet of Ministers, the regulatory framework must move "away from the principle of mandatory vaccination", which was intended for certain professions.
Thus, with the amendments, norms were deleted, which stipulated the requirement for persons who provide health care services, coming into direct contact with the patient, to perform their work duties only if they can present a valid vaccination or infection certificate. This means that, in theory, medical personnel can perform their work duties even if they have not received the current vaccine.
At the same time, it should be emphasized that the regulations preserve the employer's right in specific cases to provide that a person can perform work duties only with a valid vaccination or illness certificate.
Assessment of the need for vaccination
When deciding whether there are grounds to determine that an employee may only perform work duties with a valid vaccination or illness certificate, the employer must follow specific criteria. In order to determine the work that can be performed by persons with a valid vaccination or infection certificate, the employer must evaluate the employee's (official's) work duties and working conditions, determine the risk of infection of each employee (official) and the possible risk to the health of other people, and also take into account the following criteria:
- the employee's (official's) direct work duties are performed in contact with persons who have an increased health risk, and an employee who does not have a vaccination or infection certificate may pose a risk to the health of these persons;
- the on-site work (position, service) duties of an employee (official) are critically important for society, as well as for ensuring the continuity of the company's or institution's operations;
- other cases provided for in the requirements of regulatory acts.
It should be noted that work related to a possible risk to the health of other people is provided for in the regulations of the MK No. 447 "Regulations on work related to a possible risk to the health of other people and the procedure for conducting mandatory health examinations". These are the jobs in which the employee is employed, for example, in a medical facility, in a place of beauty care, tanning, tattooing or piercing services, as well as in other cases.
Thus, on the one hand, the current regulatory framework does not stipulate that medical personnel should be subject to mandatory vaccination, however, on the other hand, this and certain other areas of activity are likely to be the ones where employers, as a prerequisite for the performance of work duties, evaluating all above-mentioned conditions, the obligation of employees to get vaccinated could be determined.
It is important to point out that other cases provided for in the requirements of regulatory acts also cover certain requirements of the MK regulations No. 662. For example, the norm has been preserved, which provides for special epidemiological safety conditions in the population of mink and raccoon dogs. Namely, in order to monitor and reduce the spread of the Covid-19 infection in the animal shelter, the owner or keeper of the animals controls that only employees who have a valid vaccination or transmission certificate and have received a booster vaccine against Covid-19 in accordance with the information published on the website of the State Medicines Agency work in the shelter. So, while there is a general desire to move away from the principle of mandatory vaccination, there are some exceptions that employers should consider.
If the employer, after evaluating the work duties, working conditions, the risk of infection and the possible risk to the health of other people, has determined that the employee (official) needs a valid vaccination or infection certificate to perform his work duties, the employee must be given a reasonable time to carry out the vaccination. In accordance with the provisions of the Cabinet of Ministers No. 662, such a period may not be shorter than one month. On the other hand, if the employee refused to be vaccinated, just as it was last fall, the employer also suspends the employee (official) from performing his duties or duties.
Vaccination requirements for education
The changes affect not only the labor legal environment, but also the learning environment in both schools and higher education institutions. Along with the canceled requirement for compulsory vaccination in certain occupational groups, those involved in the education process also do not need a vaccination or infection certificate, unless it has been specifically determined by the employer, as indicated above. For this reason, the regulations No. 662 of the Cabinet of Ministers have excluded the norms that provided for such a requirement not only for those employed in the provision of the educational process at various levels, but also for the providers of child supervision services and pedagogue's private practice services.
However, some students still need to present a vaccination or illness certificate, that is, to participate in the practice of the study program or the practical part in the thematic field "Health care", if the university or college has made a justified decision about the need for a certificate.
On the other hand, regarding the wearing of face masks in educational institutions, it should be noted: from now on, face masks may not be used in places where educational (study) programs are implemented, unless, after evaluating the epidemiological situation, a justified decision has been made by the head of the educational institution and, in certain cases, coordinated with the founder, to use face coverings.
Although the current regulation shows features and the desire to make the autumn season and the possible exacerbation of the Covid-19 virus disease as rational as possible and less affecting everyday life, it should be taken into account that the regulatory framework can be amended and adapted to the everyday situation. Thus, nothing is set in stone and the requirements, depending on the actual life situation and the further spread of Covid-19, may be either strengthened or - on the contrary - softened.
Source: iTiesibas