You have the right to refuse the unvaccinated access to your home

As the debate around mandatory Covid vaccination in the workplace and keeping a safe environment continues to rage, homeowners are asking if it is unconstitutional to compel their helpers, workers or service providers to reveal if they’ve been vaccinated.

Many homeowners have asked if they have the right to ask a potential contractor or anyone else who works inside their home if they have been vaxxed, just as they would ask them to wear a face covering.

It started with a Twitter user, Pravina Cox, asking if property owners had those rights.

“Will property owners be within their rights to request that people coming to work in their homes be vaccinated,” she asked. “Service providers like builders, plumbers, electricians, phone, internet and satellite installations/maintenance.”

Labour analyst Terry Bell said while everyone has the right to refuse a Covid jab, they may only do so if they do not pose a threat to anyone else.

“On one level, the situation is quite simple: every individual has the constitutional right to refuse vaccination even though the disease can spread and mutate,” he said.

“However, it would be irresponsible to do so, putting not only the refuser, but everyone they come into contact with, in danger.”

He said that by the same token, those who were vaccinated may also refuse to maintain contact with the unvaccinated unless – and it is a tiny minority – an individual has a legitimate medical reason for non-vaccination.

“The law is also clear in terms of the Occupational Health and Safety Act that is a legal responsibility to ensure the health and safety of all within a workplace. That can be a factory, school, shop or, indeed, a home,” he said.

Even though some homeowners have questioned their right to ask a potential contractor or anyone else who works inside their home if they’ve been vaccinated, the person working in your home doesn’t have to answer you.

According to homeowner Charity Morulane, while it may seem cruel to compel a helper or worker to get their jab if they want to continue working in your home, it is also their right to maintain a safe home and working environment by asking whoever is working in the home if they have gotten their vaccine.

“When it comes to protecting the people in your own home, you can surely ask anybody to do whatever you feel is best for your loved ones, because some of us live with people over the age of 60 and children,” she said.

Morulane said she had recently put some stipulations in writing to avoid miscommunication later.

“I always encourage people to be upfront. After my daughter almost died, my anxiety levels went up even more. I even have signs that say ‘no mask, no entry’. Soon it’ll be no vaccine no entry,” she said.

“The whole family has become very cautious and, forgive me if this sounds selfish, but I don’t want to lose any of my family members because of this virus, and if getting the jabs can somehow save us, then so be it.”

Bell suggested that a vaccinated worker may also point out the arguments for vaccination to the employer to point out the dangers the family faces and that it is the legal responsibility of the employer to provide a healthy and safe working environment.

“What should never be forgotten is that the fundamental principle underlying our excellent Bill of Rights is that every individual may do exactly as they please, provided that it doesn’t impact in any way on the rights of others,” he added.

“So rights carry with them responsibilities, a prime one being to ensure the life, health and safety of all. Unfortunately, such noble principles are all too often observed in the breach.”