Do Yoga and Pilates Teachers in Sydney and NSW Have To Be Vaccinated?
From next Monday, October 11 reopening NSW roadmap allows fully vaccinated adults to enjoy yoga, pilates and fitness classes.
According to the NSW office of sport there are no orders stating that gyms or studio employees need to be fully vaccinated, only attendees.
Businesses will be responsible for taking reasonable measures to stop unvaccinated people entering premises. For example, having prominent signs stating requirements, Service NSW QR codes, staff checking vaccination status upon entry and only accepting valid forms of evidence of vaccination.
So in that case, it’s not enforceable that teachers need to double vaccinated however a business may decide to do it on their own behalf if they see it fit in regards to their OH&S Policy. It is up to the business to decide but there is no official order in place at this time.
According to the 70% roadmap opening (https://www.nsw.gov.au/covid-19/easing-covid-19-restrictions/70-percent) from the Monday 11 October 2021, eased restrictions will allow Yoga and Pilates studios to re-open in NSW: Yoga, Pilates, Dance classes, or any other activities have a limit of 20 students.
All roadmap freedoms at 70% and 80% will continue to be for fully vaccinated people only.
The health advice states that, If a staff member tests positive, whether they are vaccinated or not vaccinated, they must self-isolate for 14 days and follow the advice from NSW Health.
On a separate article the NSW government states that anyone who carries out work as an ‘Education and care worker’ must be vaccinated by from 8 November 2021. See https://www.nsw.gov.au/covid-19/vaccination/requirements-for-workers
The health advice states that, If a staff member tests positive, whether they are vaccinated or not vaccinated, they must self-isolate for 14 days and follow the advice from NSW Health.
Studios should use the COVID-19 Safety Plan for gyms and indoor recreation. Click to complete the plan.
We still find it ambiguous as yoga, meditation and pilates aren’t in the vaccination required categories, unless working with kids, in aged care, disability or healthcare settings.
It appears to be the same in hospitality and retail. Perhaps it’s not being specifically addressed in the hope that everyone will assume they must and get vaccinated regardless.
As a studio, teacher or business owner, can I be sued or found guilty of discrimination by not allowing a non vaccinated student into class?
This can be a long debate and valid arguments of both sides. Regardless of your own believe, what is stated on the NSW Health, we also need to check the Fair Work Commission.
Before implementing a new workplace policy or changing an existing policy about vaccinations, employers should consider their workplace and employees’ circumstances and whether they need legal advice about their obligations.
According Anti Discrimination NSW, if you are a person with disability and believe you have been treated unfairly because you can’t get vaccinated, you may be able to make a complaint of disability discrimination.
Even during the COVID-19 pandemic and the restrictions, you have the right to live in an environment free of discrimination.
Restrictions are expected to ease in December 1st
Restrictions are expected to ease in December 1st with people who are not fully vaccinated also allowed at studios and gyms.
No person limit in gyms, yoga, pilates, dance, studios. indoor recreation and sporting facilities, density limits will apply.
More details on https://www.nsw.gov.au/covid-19/easing-covid-19-restrictions/opening-in-dec