Businesses Handling COVID-19 Vaccine Rollout
All employers are required to alleviate where possible, otherwise minimise the risk of exposure to COVID-19 in the workplace. However, most employers do not need to make vaccination mandatory to comply with the model WHS laws. Reasonable control measures that you must implement into your workplace to minimise the risk of exposure to COVID-19 include physical distancing, good hygiene and regular cleaning.
The Australian Government have begun the rollout of safe and effective COVID-19 vaccines. The Government encourages as many Australians as possible to choose to be vaccinated, however it is voluntary. The COVID-19 Vaccines National Rollout Strategy identifies which groups will be prioritised for the vaccination such as critical and high-risk workers. For further information on the vaccine rollout scheme, visit the Department of Health website.
State and territory health agencies may announce public health orders that require some workers to be vaccinated. If these orders are announced, you must follow them. Currently, Queensland have issued a public health direction for their health workers who are working with diagnosed cases of COVID-19, however there are no other laws or public health orders in any other states or territories that enable employers to enforce vaccination for their employees.
To reduce the risks of COVID-19 exposure in your workplace, you must:
Undertake a risk assessment for your business
Determine which if not all control measures to put in place in your workplace such as physical distancing
Consult with workers about COVID-19 including vaccination options
Under WHS laws, a worker may refuse to carry out work if there is a reasonable concern that the employee’s work may expose them to serious hazards that place their health and safety at risk. However, a worker will not be able to rely on WHS laws to cease work due to another worker in the workplace not being vaccinated.
If you are considering requiring your employees to be vaccinated, we suggest you seek advice from your WHS regulator, the Fair Work Ombudsman or your employer organisation, before doing so as it will not usually be reasonably practicable to require workers to be vaccinated.
For more information contact Safe Industries Australia.