On 11 June 2021, the Department of Employment and Labour (Department) issued an updated Consolidated Direction on Occupational Health and Safety (Directive) which, among other things, expressly permits an employer to implement a mandatory workplace vaccination policy, subject to specific guidelines. The Directive has put an end to the debate as to whether a mandatory vaccination policy is legally permissible. However, the permissibility of a mandatory vaccination policy remains subject to an assessment of the risks present in each individual workplace and the guidelines issued by the Department. In terms of Direction 3(1) (ii) of the Directive, within 21 (calender days) of the Directive coming into effect, an employer must, in line with section 8 and 9 of OHSA, taking into account their operational requirements, determine whether it intends to make vaccinations mandatory, and if so, determine the category of employees to be vaccinated taking into account the vulnerability of a particular category of employees owing to age or co-morbidities or the risks posed as a result of the role of the employee

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