UĦM takes public broadcaster to task over vaccination policy

UĦM Voice of the Workers is claiming illegality over state broadcaster policy barring unvaccinated personnel from entering PBS premises, unless testing negative for COVID-19

UHM CEO Josef Vella described the policy “illegal”, saying it goes beyond the provisions of the legal notice which regulates the matter
UHM CEO Josef Vella described the policy “illegal”, saying it goes beyond the provisions of the legal notice which regulates the matter

Updated at 14:30 with PBS reaction

The Union Ħadddiema Magħqudin has claimed that state broadcaster PBS is barring non-vaccinated personnel and visitors from entering premises, unless testing negative for COVID-19.

"The premises of the state broadcaster PBS have been designated by the management as being out of bounds for anybody not in possession of a valid vaccine certificate unless they are willing to pay from their own pocket to do a PCR test every week," UĦM said.

UĦM CEO Josef Vella said the policy was illegal and that it went beyond the provisions of the legal notice regulating vaccination.

“This policy does not reflect whatsoever the replies given last week within the Employment Relations Board whereby trade unions and employers were invited to submit their queries to the Superintendent for Public Health, the Occupational Health and Safety Authority and the Data Protection Commissioner [...] Apart from fuelling confusion the PBS’ policy is of concern as it goes beyond the legal notice and impinges on workers’ rights,” Vella said.

UĦM said the vaccination policy communicated to PBS staff last week by its human resources department, stated that “anyone entering PBS premises are to provide a valid vaccine certificate, otherwise individuals seeking an exemption from this requirement for justified reasons, should provide a weekly negative PCR test to the Administration Department.” 

It said employees would have to bear the costs of a rapid test and that anybody without a booster jab, was being barred entry from the PBS premises unless they are willing to do a swab test every week.

According to UĦM, PBS dodged issues related to the legality of the policy and limited itself to saying that the decision was taken on the strength of “preliminary findings of an Occupational Health and Safety Assessment relating to the COVID pandemic in its premises at this current stage”.

PBS has insisted it is within its right to protect all of its employees and offer a safe working environment, but the UĦM argued there are no provisions in the law which vested the station with the authority to impose such restriction. “The only places where such policy is to be enforced are bars, club or każini, restaurants, snack bars, cinema, theatres, casinos or bingo halls or gaming parlours, sports events, gym or fitness centres, public swimming pools, spas or saunas, organised mass events and exhibitions.”

PBS justified its policy saying it wants to avoid any possible disruptions of broadcasts which could be caused in the eventuality of having a large number of employees unable to report to work after contracting the virus. “Such argument jars with the approach being taken by the government itself, as not even essential workers such as doctors, nurses, power station employees, police officers, port worker and teacher are being obliged to take the booster jab,” UĦM said.

PBS believes it is within its right to protect employees and avoid disruption of broadcasts

In reaction, PBS said it believes it is within its right to protect employees and avoid disruption of broadcasts. 

PBS said it is obliged to provide a safe working environment for all its workers, whilst striking a balance between the rights of those workers who chose to be vaccinated and those who did not.

“In this regard, PBS decided against issuing a blanket restriction of access to its premises on unvaccinated employees," PBS stated.

It emphasised that unvaccinated employees would be still allowed to access the premises, but are required to provide a negative PCR test on a weekly basis.

"PBS has taken its decision after reviewing the preliminary findings of an Occupational Health and Safety Assessment relating to the Covid pandemic in its premises, and at this current stage," PBS said.