As Hong Kong battled its most serious Covid-19 outbreak to date last month, companies were once again dealing with the impact while also preparing for new regulations due to come into force on 24 February: including the requirement for staff in certain roles to be vaccinated.
At a sponsored webinar on 18 February, speakers from the legal, HR and medical fields shared their insights on the current situation, the latest anti-pandemic measures and their implications for employers in a webinar attended by around 400 guests.
Dr Charles Chan of Trinity Medical Centre provided an update on the current Covid situation in Hong Kong. Although the fifth wave was likely to prevail for some time, Chan said that it was not time to panic. He said that regular testing for employees was ideal to avoid transmission at workplaces where working from home is not feasible.
While polymerase chain reaction (PCR) tests are the most accurate, rising case numbers mean that testing capacity has come under strain and people have to wait several days to get their results. In this situation, Chan said that rapid antigen testing would be a suitable “first line of defense” test.
“Consumers should select brands with ‘CE’ marking or those that are approved by the U.S. Food and Drug Administration,” Chan said. The CE marking ensures that the product has met a series of E.U. requirements.
Apart from regular testing, he said that companies should ensure their premises have good ventilation and that all staff should be vigilant about hygiene and social distancing, even after they have been vaccinated. He also recommended that employers provide more protection for frontline staff and people at high risk. Since N95 masks are costly and in short supply, wearing double masks is an effective alternative.
Billy Wong, Executive Director of Gain Miles Group, then shared the results of a survey on how businesses are coping with the fifth wave. Many companies reported that they have reintroduced remote and flexible working arrangements, as well as communicating epidemic-related information to employees. Wong noted that businesses could also consider how developing their Covid contingency plans and protecting their staff could help with branding and their reputation.
“During this difficult time, it is beneficial to enhance the exchange of ideas among corporates, and establish a set of market practices for pandemic crisis planning,” he said.
Cynthia Chung, Partner, Corporate Commercial, Employment and Pensions at Deacons law firm, answered some frequently asked questions regarding the business implications of latest Covid regulations. She explained that, according to the Occupational Safety and Health Ordinance, employees must so far as reasonably practicable, ensure the safety and health at work of all employees.
“The definition of duty of care depends on the circumstances,” she added. For instance, duty of care for back-office staff and client-facing frontline staff would be different.
Under the new measures introduced on 24 February, workers in some public venues such as shopping malls and department stores would need to comply with testing and vaccination requirements. In order to minimize employment disputes, the Government plans to amend the Employment Ordinance so that dismissing employees who are not able to attend work due to non-compliance with the vaccine pass arrangements will not constitute unreasonable dismissal.
However, for staff with a Medical Exemption Certificate, Chung advised employers to figure out ways to help the staff carry out their duties or arrange another position for them. However, this is likely to affect relatively few staff.
Chung noted that there were still many uncertainties about the new regulations, for example whether pregnant employees can be excused from vaccine mandates, and whether employees are entitled to paid sick leave if they are attending compulsory testing. For the moment, it is important for employers to communicate clearly with employees and reach consensus on work arrangements.