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Cuepacs proposes study on a mandatory jab law

KUALA LUMPUR: The Congress of Unions of Employees in the Public and Civil Services (Cuepacs) has urged the government to establish a special committee to study and evaluate legislation to make Covid-19 vaccination mandatory in the country.

Cuepacs president Adnan Mat said if the special committee reached a decision requiring a law mandating inoculation, it should be enacted and implemented immediately to ensure the effectiveness of the Covid-19 National Immunisation Programme (NIP).

"This special committee needs to give recommendations and suggestions to the government because many things need to be examined as there is still no country worldwide which mandates vaccination, including the World Health Organisation itself.

"Currently, many are giving various views on the legal provisions that can be imposed to take action against employees who refuse to be vaccinated, and this needs to be addressed immediately by the government to prevent employers from taking action based on their own assumptions," he said in a statement yesterday.

Recently, Human Resources Minister Datuk Seri M. Saravanan said employers might require employees to take the Covid-19 vaccine to prevent the spread of the coronavirus at the workplace, even though there was no legislation on Covid-19 vaccination.

He said the Occupational Safety and Health Act (OSHA) 1994 states that employers may make safety and health policies to ensure safety at workplace.

Adnan said a guideline on mandating vaccination involving the private and civil sector would prevent employers from making unilateral decisions.

He said any hasty action by employers against groups rejecting vaccination would only expose the government to the risk of legal action.

"Clear guidelines or circulars on vaccination among employees, including civil servants, should be issued to ensure that they are not being oppressed for refusing to be vaccinated.

"As for the civil service, the government needs to issue a special circular on civil servants who are still not vaccinated.

"The circular should clearly touch on what actions and approaches need to be taken on the issue of vaccination," he said.

Malaysian Employers Federation Datuk Dr Syed Hussain Syed Husman urged the government to provide a special passport for employees who could not be vaccinated on medical grounds.

He said this would enable the said employees to perform their jobs, and not be discriminated against.

Syed Hussain said employers must also be cognisant of employees who refused the vaccine because of medical reasons.

"In such situations, the employers must do their best to assign such employees to perform alternative assignments.

"Employers understand that there will be some staff members who cannot be vaccinated. Therefore, such employees must accept alternative assignments, which will be a win-win (solution) for both parties," he said.

Though vaccination had not been mandated by law, Syed Hussain said the employers, employees and the government owed a duty to ensure that workplace safety and health standards under the OSHA 1994 were upheld.

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