Notification requirements for suspected or confirmed COVID-19 cases in the workplace

As Victorian cases of COVID-19 continue to increase, the Victorian Government has responded by imposing greater responsibility on employers to notify WorkSafe of confirmed cases of COVID-19 amongst their employees.

From 28 July 2020, in accordance with the new Occupational Health and Safety (COVID-19 Incident Notification) Regulations 2020 (Regulations), employers must immediately notify WorkSafe when they become aware that an employee, an engaged independent contractor, or an employee of an engaged independent contractor is diagnosed with COVID-19. The employer’s duty to notify is triggered when the diagnosed worker has attended the workplace within the ‘infectious period’. The ‘infectious period’ being 14 days prior to the onset of COVID-19 symptoms, or a confirmed COVID-19 diagnosis (whichever is the earlier), until the date on which the person is cleared from isolation by the Department of Health and Human Services (DHHS). This obligation also applies to those who are self-employed.

Whilst only in operation for 12 months, penalties will still apply under the Occupational Health and Safety Act 2004 for any contravention of the Regulations. A breach by an individual will see a penalty of $39,652, whilst a penalty of $198,264 will apply for bodies corporate. 

The Regulations predominantly aim to improve WorkSafe’s available information to reduce the risks to health and safety in the workplace arising from COVID-19.

Steps for Victorian employers

It is imperative Victorian employers review their incident reporting and notification procedures. Employers must ensure their health and safety policies are updated, and include the following:

• management must be aware of its obligations to immediately notify WorkSafe if a worker is diagnosed with COVID-19
• workers, including independent contractors, need to be directed to notify their manager or supervisor if they are diagnosed with COVID-19, or were in contact with a confirmed case of COVID-19.

Notification requirements in other parts of Australia

The obligation to notify the relevant health and safety body regarding COVID-19 cases varies between the various states and territories in Australia:

• ACT – employers should notify WorkSafe ACT immediately after they become aware of or suspects a person may have contracted COVID-19 and requires hospital treatment
• NSW – employers in NSW must notify SafeWork NSW of a confirmed COVID-19 case arising out of the conduct of the business or undertaking, which requires the person to have immediate treatment as an in-patient in hospital
• QLD – if there is a confirmed case or a probable case of COVID-19 at a workplace, Queensland Health is automatically notified by the medical professional who confirmed the diagnosis of the infected employee. An employer in QLD must notify Workplace Health and Safety Queensland of a confirmed or probable case of COVID-19 arising out of the conduct of the business, which requires the person to have immediate treatment at a hospital as an in-patient
• NT – employers in the NT should notify NT WorkSafe where a person dies from COVID-19, or where the person requires immediate treatment at a hospital for COVID-19, and in either case the infection arose from the conduct of the business or undertaking
• SA – employers in SA must notify SafeWork SA of a COVID-19 case where the infection can be reliably attributed to a workplace exposure, and results in either death or treatment by a doctor within 48 hours of exposure
• Tasmania – employers must notify WorkSafe Tasmania where a person is confirmed to have contracted COVID-19 by carrying out work and the person dies, or is required to have treatment as an in-patient in hospital, among other scenarios
• WA – where COVID-19 is a suspected cause of death at a workplace, employers must notify the Department of Mines, Industry Regulation and Safety, and WorkSafe WA.

Authors: Charles Power & Stefania Silvestro

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

Published by:

Charles Power

Stefania Silvestro

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