effective from 4 May 2021, a workplace COVID-19 vaccination programme has been launched in Poland. This means that, from now on, companies can consider introducing internal COVID vaccination programmes as part of their COVID prevention policies or as one of benefits offered to employee.
In the last days of April, the Polish government published official guidelines for the operation of such programmes. So what one should know to prepare for the implementation of such a programme in the company?
Participation in the programme is open for employers, groups of employers (capital groups, subcontractors or employers by location, e.g. occupying one office building), as well as universities, professional self-governments (e.g. bar associations) and trade associations.
In order to enrol in and organise the vaccination programme, the interested entity needs to liaise with a medical practitioner or a medical facility that operates a vaccination centre and is experienced in carrying out vaccinations.
Timeframe
The programme will launch on a trial basis in May. In May and June, the interested organisations can join it by filing a relevant application. The order in which vaccinations are scheduled will depend on the order in which applications are submitted and the availability of vaccines. The precise schedule is to be determined in cooperation with a governmental agency.
The employer in cooperation with the medical entity of choice, should be able to vaccinate all enrolled persons within a maximum of 5 days – in order to meet this deadline, the number of persons subject to vaccination and medical entities with which vaccination will be organised should be adjusted accordingly.
Application and main assumptions
To participate in the programme, the interested entity should submit an application through an e-form accepted form 4 May on the Government Security Centre (Rzadowe Centrum Bezpieczenstwa) website. Each entity will be allowed to submit one application at a time.
In order to be successfully enrolled in the programme, the interested entity must indicate the number of individuals willing to be vaccinated (300 people at minimum. with no upper limit provided). However, in the case of large enrolments (over 10,000 people), the vaccine supply may be divided into stages.
The following persons may be enrolled by the workplace:
- employees (both, Polish citizens and expatriates);
- contractors (employed under a civil law contract or self-employed individuals, cooperating in a B2B model); and
- their family members.
Submission of an application form indicates readiness to vaccinate enrolled employees in cooperation with the selected medical facility. The application has to provide details thereof – it is necessary to obtain the medical entity's consent for such cooperation. The application should be submitted only after the logistics of vaccination (e.g. place of vaccination, its preparation etc.) have been agreed. In case of a large number of enrolled persons or the need to start vaccination in several locations, other medical facility may participate in the vaccination programme. In such a case, the terms of cooperation should be agreed upon individually by the participating entities, but only one leading medical entity should be declared in the e-form.
Neither employers nor persons subject to vaccination will be offered the choice of the type of vaccine to be used.
Location of vaccination
Vaccinations organised by the employer can be carried out at the workplace or outside, e.g. in a medical facility. At vaccination points organised on the premises of the workplace, the basic safety rules for the COVID-19 must be observed (mouth and nose cover, appropriate spacing between patients, etc.). Qualification and vaccination should be carried out at the same place. The required minimum safety conditions set by the Chief Sanitary Inspectorate (Glówny Inspektorat Sanitarny) and the Ministry of Health (Ministerstwo Zdrowia) must be observed at the vaccination point.
Mandatory or voluntary?
An employer cannot require or instruct employees to get vaccinated. Furthermore, current legislation does not provide for time off in the event of vaccination. The decision to grant time off for the vaccination as such as well as for possible post-vaccination recovery rests solely with the employer. The same applies to the payment for such absence - the employer are free to decide to deduct granted day off from salary. However, given that it is the employers' interest to vaccinate as many employees as possible to ensure business continuity, employers may consider granting a day off with retention of the right to remuneration as incentives to encourage their staff to be vaccinated.
Liability and responsibilities
Generally, the liability in the vaccination process rests with the medical provider. It is therefore important to choose the right entity and pay attention to the terms and conditions of cooperation. The medical entity will be responsible for organising the necessary resources to carry out the vaccinations, ordering the right number of doses, qualifying for the vaccinations, making the injections, storing the vaccines and preparing medical records.
The company will be required to:
- prepare the list of persons willing to be vaccinated (and collect their consents to processing of their personal data) processing;
- submit the application with authorities;
- cover the costs which may arise from the organisation of vaccinations, e.g. the rental of premises intended for vaccination centres, etc.; and
co-ensure appropriate safety conditions in the event of vaccination in the workplace, in cooperation with the medical entity.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
