Number of Requests for Exemption from Vaccination Differentiated Safe Management Measures (VDS) at Workplace and Existence of VDS as Subsidiary Legislation

Mr Leong Mun Wai asked the Minister for Manpower (a) whether the Vaccination Differentiated Safe Management Measures (VDS) for the workplace exist as subsidiary legislation; and (b) if so, why is the workplace VDS raised as subsidiary legislation without debate in Parliament.

The Workforce Vaccination Measures are promulgated as subsidiary legislation under the Workplace Safety and Health Act. This was presented to Parliament on 12 January 2022.

It is an established practice in our system of governance that legislation commonly delegates to Ministers the power to make subsidiary legislation to address details that elaborate on the empowering Act. Many of our legislation, under the purview of all Ministries, provide for that.

Since the Workforce Vaccination Measures pertain to the health and safety of workers, it is within the power of the Minister for Manpower to set out these requirements as subsidiary legislation under the Workplace Safety and Health Act. Other requirements relating to COVID-19 management, such as group sizes and safe distancing, were promulgated as subsidiary legislation by the Minister for Health, under the COVID-19 (Temporary Measures) Act.

The Workforce Vaccination Measures facilitate the safe operation of businesses and minimise the risk to employees' health, by ensuring that employees who report to the workplace are fully vaccinated. In alignment with vaccination-differentiated measures in other settings, those who are medically ineligible for vaccination are not affected. They can continue to report to the workplace.

Employees who are medically eligible but unvaccinated are not granted exemptions, to protect them from being exposed to COVID-19 infection at the workplace. As outlined in the tripartite advisory on workforce vaccination measures, employers may redeploy these unvaccinated employees to suitable jobs that can be done from home, with the recognition that prolonged absence from the workplace may affect their individual performance and contributions, relative to other employees in the workplace. Employers may also place them on no-pay leave based on mutually agreeable terms. Termination of employment should be the last resort.

We strongly encourage medically eligible but unvaccinated employees to get vaccinated as soon as possible.