The COVID-19 vaccination programme in the workplace has commenced.

On 4 May, a workplace vaccination programme against COVID-19 was launched. This means that from now on, companies can consider introducing vaccination programmes into their internal COVID-19 prevention policies or as one of the benefits offered to employees.

In late April, the government published official guidelines on the operation of internal vaccination programmes. So what do you need to know to prepare for the implementation of such a programme in your company?

Not only individual employers can participate in the programme, but also groups of employers (capital groups, subcontractors or employers by location, e.g. occupying one office building), as well as universities, professional associations (e.g. bar associations) and industry organisations. This may be important, given the minimum number of people willing to be vaccinated in order for the programme to be implemented, as discussed in more detail below.

In order to sign up for the vaccination programme and organise it, the interested entity must contact a practising doctor or medical facility that runs a vaccination point and has experience in carrying out vaccinations.

Timeframe

The programme will be launched on a trial basis in May. In May and June, interested organisations will be able to join the programme by submitting an application. Today, 4 May, is the start date for accepting applications. The order of vaccinations will depend on the order in which applications are submitted and the availability of vaccines. The exact schedule will be determined at a later stage.

The employer, in cooperation with the selected healthcare provider, should be able to vaccinate all registered persons within a maximum of 5 days – in order to meet this deadline, the number of persons to be vaccinated and the healthcare providers where the vaccinations will be organised should be adjusted accordingly.

Participation in the programme and main assumptions

In order to participate in the programme, interested entities should submit an application via an e-form available on government websites (link below). Each entity will be able to submit one application at a time.

In order to successfully apply for the programme, the interested entity must specify the number of people willing to be vaccinated (minimum 300 people with no upper limit). However, in the case of large registrations (over 10,000 people), the delivery of the vaccine may be divided into stages.

The following eligible persons may be registered by their workplace:

  • employees (both Polish citizens and expatriates);
  • contractors (employed on the basis of a civil law contract or self-employed persons cooperating in a B2B model); and
  • their family members.

Submitting an application means readiness to vaccinate registered employees in cooperation with a selected medical facility. The application must contain detailed information on this subject – it is necessary to obtain the consent of the medical entity for such cooperation. The application should only be submitted after agreeing on the logistics of the vaccination (e.g. vaccination location, its preparation, etc.). In the case of a large number of registered persons or the need to start vaccinations in several locations, several medical facilities may participate in the vaccination programme. In such a case, the terms of cooperation should be agreed individually by the participating entities, but only one leading medical entity should be declared in the e-form.

Neither employers nor persons undergoing vaccination will be offered a choice of vaccine to be used.

Vaccination location

Vaccinations organised by the employer may be carried out at the workplace or outside it, e.g. at a medical facility. At vaccination points organised on the premises of the workplace, the basic safety rules for COVID-19 (covering the mouth and nose, appropriate spacing between patients, etc.) must be observed. Qualification and vaccination should be carried out at the same location. The vaccination point must comply with the minimum safety requirements specified by the Chief Sanitary Inspectorate and the Ministry of Health.

Mandatory or voluntary?

An employer cannot require or order employees to be vaccinated. Furthermore, the applicable regulations do not provide for time off for vaccination. The decision to grant time off for the vaccination itself, as well as for any post-vaccination recovery, is solely up to the employer. The same applies to payment for such absence. However, given that it is in the employer's interest to vaccinate as many employees as possible in order to ensure business continuity, the employer may consider granting a day off with pay as an incentive for employees to get vaccinated.

Responsibilities and obligations

In principle, responsibility for the vaccination process lies with the healthcare provider. It is therefore important to choose the right provider. The healthcare provider will be responsible for organising the necessary resources to carry out the vaccinations, ordering the appropriate number of doses, qualifying for vaccination, administering the vaccination, storing the vaccines and preparing the medical documentation.

The employer will be required to:

  • prepare a list of persons willing to be vaccinated (and obtain their consent to the processing of personal data);
  • submit an application to participate in the programme;
  • cover the costs that may arise in connection with the organisation of vaccinations, e.g. rental of premises for vaccination points, etc.
  • ensuring, in cooperation with a healthcare provider, appropriate safety conditions for vaccinations in the workplace.

 

Useful links:

The e-application form can be found at this link: https://www.gov.pl/web/rcb/szczepieniawpracy

The text in English can be found at this link: https://www.mondaq.com/employee-rights-labour-relations/1064342/workplace-covid-19-vaccination-programme-has-been-launched-in-poland

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