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Provider guidance for all COVID-19 protection settings

Settings differ depending on the services you provide

At all settings, QR codes must be displayed and businesses and services must have systems in place to ensure clients scan QR codes or provide contact records on entry.

Vaccine passes

Whether you must require vaccine passes depends on the service you provide and the traffic light level you are in.

Vaccine passes cannot be required for clients of some services, which are non-vaccine pass services.

Non-vaccine pass services

For social services, there are certain premises where vaccine passes are not permitted. My Vaccine Passes can’t be required for people accessing certain social service premises, including:

  • Kāinga Ora premises or services delivered on premises
  • premises let on behalf of registered community housing providers (as defined in section 2 of the Public and Community Housing Management Act 1992) but only if the tenancy was granted as a tenancy of social housing to a tenant assessed under the Public and Community Housing Management Act 1992 as eligible to be allocated social housing
  • emergency accommodation funded by government agencies.

My Vaccine Passes also can’t be required for people accessing premises delivering:

  • any health and disability service
  • Out of School Care and Recreation (OSCAR) programmes
  • other housing or accommodation services funded by government agencies to people in need
  • shelter or emergency and temporary housing in a civil defence emergency.

Staff vaccination

The vaccine pass requirements apply to clients as well as workers. This means if you require vaccine passes, your workers providing the service must also be vaccinated.

If your service is not using vaccine passes, there is some choice about whether staff are to be vaccinated, although this may impact on whether you can operate under all levels.

Providers should use the WorkSafe assessment tool to help make decisions about vaccinations in the workplace.

How to decide what work requires a vaccinated employee and WorkSafe's enforcement approach – WorkSafe

Some workers are covered by other Mandatory Orders, including the:

  • Health, Corrections and Education mandates
  • mandates that cover workers in a food and drink business or service, people who work and gyms, close-proximity workers and workers who carry out work at permitted events.

COVID-19: Mandatory vaccinations – Ministry of Health NZ

Food and drink

If you are selling or providing food and drink, you may need to follow certain food and drink requirements. This does not apply to food and drink provided either:

  • on the premises of a health service
  • in connection with a specified social service.

The Order defines 'health service' as:

(a) health service within the meaning of section 5(1) of the Health Practitioners Competence Assurance Act 2003; and (b) treatment or social rehabilitation provided under the Accident Compensation Act 2001; and (c) disability support services within the meaning of section 6(1) of the New Zealand Public Health and Disability Act 2000

Critical wellbeing services offered by social services

Social services that deliver critical wellbeing can open under Red, Orange and Green settings.

These are services:

  • provided under the Oranga Tamariki Act
  • that support people to maintain critical well-being
  • that offer crisis support for people who are unsafe or homeless.

Examples of critical wellbeing services include family violence and sexual violence crisis response services, and welfare support for those self-isolating.

Some critical wellbeing services might provide services in close proximity, but they are not included in the close-proximity services rules. Social services that deliver critical wellbeing services (legally referred to as ‘Specified Social Services’) are excluded from the close-proximity business and service definition.

Social services that deliver critical wellbeing services are required to have systems and processes in place to ensure, so far as is reasonably practicable, that each relevant person who enters any workplace of the business or service either:

  • scans the QR code for the workplace
  • provides a contact record in accordance with the workplace’s alternative contact record systems and processes.

This requirement applies at all traffic light settings.

Vaccine passes

It is optional for vaccine passes to be required for clients at all levels, unless your service is listed above as a non-vaccine pass service that cannot require vaccine passes for clients.

Some factors providers should consider in making this decision may include:

  • your capability or capacity to safely provide services to unvaccinated clients, which may include having different operating models in place at the same time
  • the ability for unvaccinated clients to access that service elsewhere in their area should a vaccine pass be used as a condition of service
  • the outcome of your risk assessments under the Health and Safety Act.

Staff vaccination

If vaccine passes for clients are:

  • used, staff must be vaccinated
  • not used, staff do not have to be vaccinated unless they are covered by another Mandatory Order.

Social service providers / organisations should carry out their own risk assessments to ensure their Health and Safety obligations at work are met.

Close-proximity services

Close-proximity businesses and services are businesses and services that can’t be undertaken without physical contact, or close proximity, including workers being within 1 metre of clients.

If your service provides critical wellbeing services, please see 'Critical wellbeing services'.

Social service providers or organisations should consider, based on their service model, whether they provide close-proximity services. An example of a close-proximity service may include driving instruction, some OSCAR programmes or transporting service participants.

Vaccine passes

Businesses and services must display whether vaccine passes are required.

Red or orange traffic lights

If providers are open under Red or Orange settings, they must require vaccine passes.

Providers who wish to operate without requiring vaccine passes may not operate close-proximity services under the Red or Orange settings of the COVID-19 Protection Framework.

Green traffic light

If providers are open under the Green setting, they do not require vaccine passes. Providers should carry out their own risk assessments to ensure their Health and Safety obligations at work are met.

Providers who wish to operate without requiring vaccine passes under the Green setting may operate if they have systems in place to:

  • ensure face coverings are worn as required
  • comply with applicable physical distancing rules
  • mitigate risk of spreading COVID-19 to the extent physical distancing cannot be maintained.

Staff vaccination

If your service is:

  • using vaccine passes, staff vaccination is required
  • not using vaccine passes, staff vaccination is not required, unless staff are covered by another Mandatory Order.

If social service providers or organisations are not using vaccine passes, they should carry out risk assessments under the Health and Safety at Work Act to decide whether staff need to be vaccinated.

Face coverings

Face coverings must be used by workers and clients in indoor public areas under Red and Orange settings.

OSCAR

OSCAR services can open under Red, Orange and Green settings.

Vaccine passes

Vaccine passes for participants is prohibited for all OSCAR services.

Staff vaccination

Some OSCAR staff are covered by the Education vaccine mandate and must be vaccinated.

If not covered by the Education vaccine mandate, staff are not required to be vaccinated unless they are providing a close-proximity service.

Providers should consider, based on their service model, whether they are close-proximity services. If so, providers need to consider whether they can operate safely at all traffic light settings.

Public health advice indicates that it may not be feasible for OSCAR providers with unvaccinated staff to operate safely at any level.

Non close-proximity services

Some services can open under Red, Orange and Green settings. These are services that are not:

  • close-proximity services
  • social services
  • food and drink businesses or services, or gyms.

Examples of non-close-proximity services are counselling services and employment services.

Vaccine passes

It is optional for vaccine passes to be required at all levels, unless your service is a non-vaccine pass service.

Staff vaccination

If your service is:

  • using vaccine passes, staff vaccination is required
  • not using vaccine passes, staff vaccination is not required, unless workers are covered by another Mandatory Order.

If social service providers or organisations are not using vaccine passes, they should carry out risk assessments under the Health and Safety at Work Act to decide whether staff need to be vaccinated.


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