COVID-19 for Workplaces Pack
For the Employer in the Marine & airline industry

This page provides information about your obligations under the model WHS laws and how these relate to COVID-19 rapid antigen testing. This information will assist you to assess whether a COVID-19 rapid antigen testing program (RAT program) for your workers, including contractors and labour-hire, is a reasonably practicable control measure to manage the risks of COVID-19 at work. 

You will need to review this assessment from time to time. 

Further, a RAT program is only one control measure for COVID-19 that may be required under the model Work Health and Safety (WHS) laws for your workplace. You must continue to implement all other reasonably practicable control measures in your workplace such as encouraging vaccination, physical distancing and good hygiene to minimise the risks from COVID-19. Further information on other control measures is provided on this page.

In addition to your obligations under the model WHS laws, you must also comply with any public health orders or directions made by state and territory governments that apply to you and your workplace. This guidance does not affect any obligations you may have regarding rapid antigen testing that apply under public health orders and directions.

This guidance does not change, remove or reduce any existing rights or obligations under the model WHS laws.

As Victoria has not adopted the model WHS laws, this guidance is not applicable to Victoria. Up-to-date guidance applicable to responding to COVID-19 in Victorian workplaces can be found on the WorkSafe Victoria website.

 

Employers have a duty under the model Work Health and Safety (WHS) laws to eliminate, or if that is not reasonably practicable, minimise the risks of COVID-19 at work so far as is reasonably practicable. Employers also have a duty to consult workers (including contractors and labour-hire personnel) and workers’ health and safety representatives, regarding COVID-19 risks and how these risks are to be managed. This includes the introduction of WHS or other workplace policies relating to COVID-19 rapid antigen testing (RAT) of workers and RAT programs.

A RAT program may assist in identifying people who are infectious with COVID-19 and to minimise the risks of COVID 19 at the workplace, however, it is not the only relevant control measure. Even if you determine that a RAT program is reasonably practicable for your workplace, it should not be relied on in isolation. To meet your duties under the model WHS laws and minimise the risks of COVID-19 in your workplace, you must continue to apply all reasonably practicable COVID-19 control measures, such as:

• encouraging or ensuring vaccination, where applicable,
• ensuring your workers do not come to work when unwell, 
• ensuring your workers do not come to work if they have tested positive for COVID-19 unless they have been released from isolation by the relevant public health authority,
• ensuring physical distancing in the workplace and adhering to density limits (check occupancy limits for the type of building and building standards). For example:
  • supporting workers to work from home or relocating work tasks to different areas of the workplace or off-site, 
  • staggering your workers’ start, finish and break times, 
  • reducing the number of situations where workers come into close contact, for example in lunchrooms and other shared spaces,
• improving air quality,
• practising good hygiene,
• increasing cleaning and maintenance, 
• wearing masks correctly.

How do I determine if a rapid antigen testing program is a reasonably practicable control measure for my workers?

To minimise the risks of COVID-19 in the workplace, you must:

• undertake a risk assessment for your business  
• consider the effectiveness of available control measures and how they will help manage the risks of COVID-19, including rapid antigen testing
• consult with workers and their health and safety representatives about COVID-19 and relevant control measures, including rapid antigen testing, including providing your workers with relevant information and materials about testing to assist their understanding of the issues. (More information on your consultation obligations is available on the consultation page), and
• determine what control measures are reasonably practicable for you to implement in your workplace (more information on the meaning of reasonably practicable is available on the risk assessment page).

When determining whether a control measure is reasonably practicable under the model WHS laws, consideration must be given to several factors: 

• likelihood of risk occurring
• degree of harm that might result
• what the person conducting the business should reasonably know about the risks and how to minimise them
• availability of and suitability of ways to minimise risk, and 
• after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the costs associated, including whether the cost of implementing a  control measure  is grossly disproportionate to the risk. 

Whether a particular control measure is reasonably practicable, such as a RAT program for your workplace, will depend on the circumstances of your particular workplace and your workers at the time you undertake your risk assessment. Access to a reliable supply of rapid antigen tests approved by the Therapeutic Goods Administration (TGA) will be a relevant consideration when determining if a RAT program is currently a reasonably practicable control measure for your workplace. 

You should consider how a rapid antigen testing program might operate in your risk assessment, including whether the testing would occur at the workplace or outside of the workplace. 

If you conclude (following a risk assessment undertaken in consultation with your workers and their health and safety representatives) that implementing a rapid antigen testing program is necessary to minimise the risks of COVID-19 at your workplace (and would be reasonably practicable), you again need to consult with your workers and their health and safety representatives about the proposed testing program. You will need to continually review your risk assessment and control measures including when access to and availability of rapid antigen tests changes.

More information on conducting a risk assessment is available on the risk assessment page. You should also note that in some jurisdictions, workplaces are required to develop 

COVID-19 safety plans under public health directions and orders. Information on COVID-19 safety plans is available from government agencies in your jurisdiction.

Relevant matters for a RAT program as a control measure for your workplace

When determining whether a RAT program is a reasonably practicable control measure, you should take into account:

• Are rapid antigen tests available? If there are no limitations on availability or supply, this may mean it is more likely to be reasonably practicable.
• How likely is it that your workers will be exposed to the COVID-19 virus? This includes, for front line workers, considering the extent of community transmission of COVID-19 where your workplace is located and the number of people they will be in contact with which will increase likelihood of your workers contracting the virus. If community transmission is high, the risk to those workers is higher than for places of low community transmission. This may mean implementing a RAT program is more likely to be reasonably practicable.
• Do your workers work with people who would be vulnerable to severe disease if they contract COVID-19? If yes, this may mean you should implement control measures to reduce the likelihood of your workers exposing vulnerable persons to infection, such as by using a RAT program.
• What is the likelihood that COVID-19 could spread in the workplace? For example, some work tasks may require your workers to work in close proximity to each other, to your customers or members of the public. If it is high, this may mean that you should implement control measures to reduce the likelihood of those workers either catching the virus from others, or transmitting the virus to others, such as by using a RAT program. For further information on testing in communities with high prevalence of COVID-19 see the Australian Health Protection Principal Committee statement on rapid antigen testing for current high community prevalence environment.
• What RAT tests will you use? How accurate are they in detecting COVID-19 in asymptomatic workers? How likely are false positive results in workers without COVID-19? Currently, there is variability in the performance of different RATs. The Public Health Laboratory Network and Communicable Diseases Network Australia joint statement on SARS-CoV-2 rapid antigen tests provides more information on test performance and limitations.
• Would a requirement to be tested at the workplace be unlawful in the circumstances? If yes, the model WHS laws would not require you to implement a RAT program.
• The design of a testing program, which may include: 
  • who will be tested, 
  • how often will workers be tested, 
  • where testing will occur (e.g. at home or at the workplace), and
  • processes in place to manage a positive result. 

What rapid antigen test kits can be used?

Only rapid antigen tests that are approved by the TGA are permitted for use in Australia. Both ‘point-of-care’ (for use under medical practitioner, health practitioner or paramedic supervision) and ‘self-tests’ (for use without supervision) have been approved by the TGA.

A list of kits approved for self-testing and instructions on how to use the kits is available here. The TGA has also published a fact sheet on self-testing.

The TGA has also developed guidance for businesses considering implementing rapid antigen point-of-care testing in their workplace.

You should follow the manufacturer’s instructions for the specific test kit, record the results and follow state and territory public health orders or directions in relation to reporting results.

If a worker tests positive, you must respect their privacy and not reveal their personal details to others. For more information on privacy, go to the Office of the Australian Information Commissioner website.

The Public Health Laboratory Network and Communicable Diseases Network Australia joint statement on SARS-CoV-2 rapid antigen tests provides general public health advice on implementing a RAT program and on principles for use and potential limitations of a RAT program. 

Can I require my workers to purchase their own rapid antigen tests?

No. As an employer you have a duty under the model WHS laws to eliminate, or if that is not reasonably practicable, minimise the risks of COVID-19 at work so far as is reasonably practicable. 

If you determine (after consultation) that rapid antigen testing of your workforce is required, then you must provide the TGA-approved tests at no cost to workers. 

Can I require customers and visitors to prove they have been tested for COVID-19 before entering my workplace?

Customers and visitors at the workplace can transmit the COVID-19 virus to your workers and other customers, and controls should be put in place to protect both workers and customers.

It is unlikely that it would be reasonably practicable under the WHS laws for you to require customers or visitors to be tested or to ask them for proof of a negative test as a condition of entry. However, state and territory public health orders or directions may require you to check for confirmation of a negative test as a condition of entry for example in high-risk settings, such as aged care.

If you want customers and visitors to be tested as a condition of entry to your premises and this is not covered by a public health order or direction, you should seek legal advice before you take any action as there may be privacy and discrimination issues that apply. 

For more information on privacy, go to the Office of the Australian Information Commissioner website. For more information on anti-discrimination laws, go to the Australian Human Rights Commission website.  

Additional resources

• Coronavirus (COVID-19) – Testing Framework for COVID-19 in Australia
• Public Health Laboratory Network and Communicable Diseases Network of Australia Joint statement on SARS-CoV-2 rapid antigen tests 
• Public Health Laboratory Network guidance on laboratory testing for SARS-CoV-2 (the virus that causes COVID-19)
• Information on COVID-19 and Australian workplace laws is available from the Fair Work Ombudsman website: Fair Work Ombudsman - Coronavirus and Australian workplace laws

One of my workers has contracted COVID-19. What should I do?

The easing of public health restrictions means many workers will transition back to their usual workplace either all or part of their working week, with the remaining time spent working from home. 

If you are an employer, the information on this page will help you ensure your workers have a safe and healthy transition back to their usual workplace.

How do I meet my WHS duties as workers transition back to the usual workplace?

Before preparing to transition workers to their usual workplace, you should check any relevant public health orders or directions. 

In addition to any requirements under public health orders or directions, employers have a duty under the model WHS laws to eliminate or if not reasonably practicable, minimise the risks to health and safety of workers (such as the risk of COVID-19 in the workplace), so far as is reasonably practicable. You may not be able to completely eliminate the risks to workers of COVID-19, therefore you must do all that is reasonably practicable to minimise the risks in the context of a range of COVID-19 control measures. 

To minimise risks of COVID-19 in the workplace, you must:

• undertake a risk assessment for your business (more information is available on the risk assessment page). Note in some jurisdictions, workplaces are required to develop COVID-19 safety plans under public health orders.
• consider the effectiveness of available control measures and how they will help manage the risks of COVID-19.
• consult with workers and HSRs about the risks of COVID-19, your risk assessment, and relevant control measures, including the COVID-19 vaccines (more information on your consultation obligations is available on our consultation pages).
• consult, co-operate and co-ordinate, so far as is reasonably practicable, with any other duty holders (for example, consult with building owners, and other businesses you work with or share premises with, about how they will discharge their WHS duties when they interact with your workers). 
• determine what control measures are reasonably practicable for you to implement in your workplace (more information on the meaning of reasonably practicable is available on the risk assessment page).

You should:

• review and, if necessary, update any WHS policies or procedures and your emergency plan, in consultation with workers and HSRs
• consider how you will manage and respond to potential further outbreaks of COVID-19, for example, a return to remote working arrangements
• share relevant information with workers and HSRs about any WHS policies you’ve put in place or updated in response to COVID-19 (for example, incident reporting processes and vaccination policy, if applicable) and any changes to emergency plans
• instruct workers to tell you if they have symptoms of COVID-19, have been in contact with a person who has COVID-19, or have tested positive for COVID-19 
• direct workers to stay home if they have COVID-19 symptoms or have been in contact with a person who has COVID-19. Check your state or territory public health orders or directions for the definition of a contact and any quarantine requirements, as well as any exemptions for essential workers in critical industries
• inform workers about their workplace entitlements (such as access to paid leave) if they have COVID-19 symptoms or they are required to self-quarantine and set clear expectations and procedures, in consultation with your workers and their representatives, on what will happen if a worker contracts COVID-19. Remember, workers who have been isolated after testing positive for COVID-19 must not return to work until they have recovered and have met any criteria for clearance from isolation. States and territories may manage clearance from isolation differently. You can seek information from your state or territory Department of Health.

Depending on your circumstances, you may need to:

• review workplace checklists and re-design the workplace environment, procedures, and practices to support physical distancing, cleaning and hygiene,
• ensure workstations are correctly set up to protect against musculoskeletal injuries (for example, provide guidance to your workers on how to set up a safe work environment),
• consider arrangements for deliveries, contractors, and visitors attending the workplace (for example, organising contactless deliveries and limiting non-essential visitors),
• provide workers with masks , as well as appropriate cleaning, disinfectant, and hygiene products. You should also provide proper training and instruction in the use of any PPE  and cleaning, disinfectant and hygiene products provided (more information is available on our PPE and masks pages), and
• appoint a contact person(s) in your business, such as that workers can talk to about any concerns.

What factors should I consider in my risk assessment? 

A risk assessment involves considering what could happen if someone is exposed to a hazard (for example, COVID-19) and the likelihood of it happening. A risk assessment can help you to determine: 

• the severity of the risk
• whether any existing control measures are effective 
• what action you should take to control the risk, and 
• how urgently the action needs to be taken. 

The exposure of your workers and/or others at your workplace such as customers, clients, or volunteers, to COVID-19 is a foreseeable risk that must be assessed and managed in the context of your operating environment.

Businesses planning a transition back to the usual workplace must assess the risks associated with exposure to COVID-19 and implement control measures to manage those risks. Employers must also assess any other new or changed risks arising from COVID-19, for example, customer aggression, high work demand or working in isolation. 

Risk assessments should be reviewed periodically as the operating environment changes. 

When planning transition back to the usual workplace, your risk assessment should be updated and include consideration of:

• the personal circumstances of the workers, such as whether they have been classified as a vulnerable worker (see our information on vulnerable workers), have caring responsibilities for a vulnerable person, or there is a vulnerable person in their household.
• any new risks that arise from any resulting changes to work practices, procedures, or the work environment. For example, where any plant (equipment), workplace layouts or systems have been changed to comply with physical distancing requirements, you may wish to organise a walk-through of the workplace with HSRs prior to all workers returning, to ensure all health and safety risks are identified and managed.

What control measures should I consider to minimise COVID-19 risks?

You should consider the extent to which available control measures are reasonably practicable to minimise the risks of COVID-19, such as:

• encouraging or ensuring up to date vaccination, where applicable
• ensuring your workers do not come to work when unwell 
• ensuring your workers do not come to work if they have tested positive for COVID-19 unless they have been released from isolation by the relevant public health authority,
• improving air quality in indoor workplaces, where applicable
• ensuring physical distancing in the workplace and adhering to density limits (check occupancy limits for the type of building and building standards). For example:
  • supporting workers to work from home or relocating work tasks to different areas of the workplace or off-site, 
  • staggering your workers’ start, finish and break times, 
  • reducing the number of situations where workers come into close contact, for example in lunchrooms and other shared spaces,
• encouraging workers and others in the workplace to practise good hygiene
• increasing cleaning and maintenance
• implementing a rapid antigen testing (RAT) program, and
• wearing masks.

Other factors that you may need to consider include: 

• the extent of community transmission of COVID-19 where your workplace is located or where your workers perform their work
• your operational environment, including whether your workplace can support all your workers returning at the same time and whether some workers or categories of workers have a greater need to be in the workplace than others
• whether there are workers or others in your workplace who may be at greater risk of severe illness if they contract COVID-19, and 
• the vaccination status of your workers.

You must review control measures periodically, including: 

• as the environment changes (for example, in response to localised outbreaks of COVID-19, changes to public health orders or directions, and 
• as new information on COVID-19 and workplace risks, or control measures, becomes available
• after a notifiable incident, 
• in response to concerns raised by workers, HSRs or others at the workplace, or 
• if an HSR requests a review. 

More information on the meaning of reasonably practicable is available on the risk assessment page for your industry and in the How to determine what is reasonably practicable to meet a health and safety duty webpage.

How should I consult with HSRs and workers? 

You must consult with your workers on health and safety matters relating to COVID-19, including plans to transition back to the usual workplace. This means you must consult workers, and their HSRs (if your workers are represented), when: 

• assessing the risk COVID-19 presents to the health and safety of workers 
• deciding on control measures to eliminate or minimise the risks of COVID-19 
• deciding on the adequacy of facilities for the welfare of workers (for example, hand washing facilities), and 
• proposing other changes to the workplace, including changes to workplace policies, because of COVID-19 which may affect health and safety. 

If you and your workers have agreed procedures for consultation, the consultation must be in accordance with those procedures. If workers are represented by HSRs you must include them in the consultation process. You may need to adjust the format of your consultation to minimise the risks of COVID-19 (for example, you may need to meet with your workers and their HSRs via videoconference rather than in person if your workers are working from home).

You must allow workers to raise and express their views on WHS issues that may arise directly or indirectly because of COVID-19. You must genuinely take the views of workers into account when making decisions and advise them of your decision.  You should also provide your workers with relevant information and materials to assist their understanding of the issues, including a copy of your risk assessment for COVID-19 at your workplace.

You should also encourage workers to raise any WHS concerns with their representatives or direct manager. Remember to follow existing workplace policies and procedures for consultation and issue resolution.

How can I support my workers if they are concerned about transitioning back into the usual workplace?

The COVID-19 pandemic is a stressful and uncertain time for all Australians. Concerns about physical health and safety risks, such as exposure to COVID-19, work-related violence, or changes to the work environment or work demands can create additional risks to psychological health. You must eliminate or minimise the risk to psychological and physical health and safety arising from work so far as is reasonably practicable. 

For example, you should: 

• check control measures do not introduce additional safety risks
• talk to your workers about any agreed measures you have put in place to minimise risks
• respond appropriately to signs a worker may be concerned or anxious about returning to the usual workplace (for example, it is important to intervene early and provide early access to assistance)
• set realistic and clear expectations, workloads, roles and tasks and monitor work levels. Consult with workers and HSRs on any changes in these areas
• consult workers on the transition back to the usual workplace, including on identifying and controlling risks. Keep workers updated and share relevant information. 
• offer your workers flexibility where possible (for example, to start work at a slightly earlier or later time to avoid peak times for public transport, or working from home for part of the week)
• maintain regular communication with your workers and encourage workers to stay in contact with each other. Implement systems of work to enable this, where possible
• stay informed with information from official sources and share relevant information with your workers and HSRs as it becomes available
• inform workers about their workplace entitlements if they have COVID-19 symptoms or they are required to self-quarantine (for example, access to paid leave)
• provide workers with a central place to find workplace information and a point of contact to discuss their concerns (for example HSRs), and
• provide information about mental health and other support services available to your workers (for example, employee assistance programs, employee organisations or the Australian Government Head to Health website).

Do I need to improve air quality in indoor workplaces?

The Australian Health Protection Principal Committee (AHPPC) advises that improved ventilation may limit the spread of certain respiratory diseases, such as COVID-19, in indoor environments. Understanding and controlling building ventilation can help improve indoor air quality. 

In combination with other reasonably practicable control measures, improving indoor air quality can be used to minimise the risks of COVID-19. More information about how to assess and improve air quality is available on our webpage on improving ventilation in indoor workplaces: COVID-19.

Do I need to organise additional cleaning before I transition my workers back to the usual workplace?

You should implement appropriate cleaning and disinfection practices as one of the control measures to help protect workers and others at your workplace from COVID-19. When and how often your workplace should be cleaned and disinfected will depend on the outcome of your risk assessment, including the likelihood of contaminated material being present. 

In considering whether additional cleaning arrangements need to be implemented prior to workers returning to the usual workplace, you should consider: 

• How long it has been since the premises was last occupied and cleaned. More frequent cleaning will be required once workers return.
• The frequency of cleaning that has taken place prior to workers returning. For further information, you can refer to our:
  • About COVID-19 page
  • Cleaning page 
  • Guidance on How to clean and disinfect your workplace
  • Cleaning checklist 

Remember, you must consult with workers and HSRs (if any) on health and safety matters relating to COVID-19, including what control measures to put in place in your workplace.

Who is responsible for cleaning and implementing other control measures in my workplace, including shared premises or facilities?

If your business operates in a shared premises you must consult, co-ordinate and co-operate with other employers, the building owner and/or facilities manager to ensure that appropriate cleaning and other control measures (such as physical distancing) are implemented to minimise the risks of COVID-19. This includes shared facilities such as lobbies, lifts, change rooms and common meeting spaces. 

You may also need to discuss with your building owner or facilities manager whether the evacuation and other safety processes for the building have been reviewed in the context of COVID-19, including in relation to evacuation procedures and location of designated assembly points. 

Working with your building owner or facilities manager is a very important step to successfully minimise the risks of exposure to COVID-19 and meet your WHS duties at the workplace.

Do I need to test workplace equipment or facilities before I transition my workers back to the usual workplace?

In some circumstances you may need to test machinery, equipment and appliances, as well as other plant and structures, to ensure they are safe to use and do not give rise to new WHS risks. 

For example, restarting Heating Ventilation and Air Conditioning (HVAC) systems can carry significant risks to the health and safety of workers and other people in the building, particularly where they have not been maintained and inspected in accordance with relevant regulations and standards. You can refer to our guidance on Heating, Ventilation and Air Conditioning (HVAC) Systems for information on the risks and the steps you should take as an employer to eliminate or minimise these risks.

You should also think about checking drinking water systems, toilets, hand washing, and first aid facilities to ensure they are all functioning correctly, clean, and well stocked.

Do I need to organise a workstation assessment for workers transitioning back to the usual workplace?

In some circumstances you may need to organise a workstation assessment for workers returning to the usual workplace, particularly where there have been changes to the workplace environment. For example, where a workstation has been adjusted during the re-design of the physical layout of the workplace or the worker is using new equipment, such as an office chair. 

Depending on the circumstances, it is recommended that you:

• provide your workers with information on setting up an ergonomic workstation 
• develop in consultation with workers and HSRs (if any), and provide to workers, a health and safety checklist and workstation self-assessment for your workers to use
• discuss equipment requirements with your workers, such as chairs, monitors, keyboards and mice. Workers may have taken equipment home if they were working from home or equipment may have been moved or become lost while the workplace was unoccupied, and
• have ongoing discussions with your workers about their workstation setup to ensure the workstation set up is not creating additional risks or the need for any additional equipment.

If workers have purchased new equipment while working from home that they would like to bring with them to the usual workplace, you may need to discuss compatibility issues and how they will safely transport equipment to the workplace.

When discussing working from home arrangements with workers, you must allow workers to raise and express their views on WHS issues that may directly or indirectly arise, just like in any other consultation process regarding workplace arrangements. You must genuinely take the views of workers into account when making decisions and advise them of your decision. This includes decisions around the provision of office equipment. All WHS issues must be resolved in accordance with the agreed issue resolution procedures in your workplace.

I have workers who will be splitting their time between working from home and the usual workplace. Do I need to purchase additional equipment to maintain two working environments?

Whether you need to purchase additional equipment will depend on the circumstances. You and your workers must discuss what equipment may be required for the worker to safely carry out their work across both workstations and continue to monitor their ongoing equipment needs. You may determine that it is practicable to allow workers to borrow equipment from the office or reimburse reasonable costs where additional equipment is required. 

If you are not satisfied that safe workstations can be maintained both at home and in the usual workplace, it may not be reasonably practicable for the worker to continue working in both locations. In these circumstances, alternative arrangements may need to be made. This could include setting up a safe office space for the worker in the office or working from home exclusively. 

Can I allow workers to share desks and workstations?

If you plan to have people sharing desks or workstations on different days or different shifts (for example, ‘hot-desking’), you should include this in your risk assessment to help you determine reasonably practicable control measures, including whether to stop sharing desks and work stations. If this is not reasonably practicable, you should consider additional cleaning and hygiene measures so that workers have a safe and hygienic space to work. This should include ensuring that the workstation and the equipment to be shared is cleaned and disinfected in between each use by a different person. In addition to providing hand washing facilities and hand sanitiser, you should also consider providing cleaning and hygiene products (for example, disinfectant wipes, spray bottles of disinfectant and paper towels and gloves) so that workers can wipe down surfaces and equipment before and after use. 

Do I need to supply masks or other personal protective equipment (PPE)?

If you have determined that use of masks or other PPE (for example, disposable gloves) is required to be worn in your workplace, you must supply these free of charge to your workers. PPE should be easily accessible to all workers. You must provide appropriate training and instruction on how to put on, wear, remove, clean and maintain (as necessary) or dispose of masks.

Do my workers have the right to stop work if they feel unsafe returning to the usual workplace?

Whether working at the office or at home, a worker has the right to stop or refuse unsafe work when there is a reasonable concern of exposure to a serious risk to health and safety from an immediate or imminent hazard. In some circumstances, this could include exposure to the COVID-19 virus. 

Any concerns about health or safety should first be raised with you or the HSR and resolved in accordance with the agreed issue resolution procedures in your workplace. A worker may also contact an employee organisation for advice. If a worker decides to stop work as it is unsafe, they must notify you as soon as possible and be available to carry out alternative work arrangements. 

For information on the issue resolution process see the Code of Practice: Work, health and safety consultation, cooperation and coordination.  

For information on a worker’s right to stop work, see our information on workers’ rights and the Fair Work Ombudsman Coronavirus and Australian Workplace Laws webpage. 

One of my workers has contracted COVID-19. What should I do? 

If you have a worker who has contracted COVID-19 you will need to follow the health advice provided by your state or territory public health authority. 

Workers who have been isolated after having tested positive for COVID-19 can return to work when they have fully recovered and have met the criteria for clearance from isolation. The criteria may vary depending on the circumstances of the workplace and state and territory public health authorities may manage clearance from isolation differently. 

It is possible that a worker with COVID-19 could potentially work from home, if for example, they have no or minor symptoms. This would be subject to the advice from the relevant treating clinician and discussions with the worker. For example, a doctor may recommend reasonable adjustments, including reduced working hours or changes to a worker’s workload.

Contact your state or territory health helpline for further advice. See our COVID-19 guidance on Incident notification and our information on COVID-19 in your workplace.

Further information

Comcare – Coronavirus (COVID-19) - Transition back to usual workplaces

Department of Infrastructure, Transport, Regional Development and Communications –  Principles for COVID-19 public transport operations

Safe Work Australia guidance

• COVID-19 Industry information, including:
  • physical distancing
  • hygiene
  • cleaning
  • PPE 
• COVID-19 Information for Workplaces
• COVID-19 guidance on Heating, Ventilation and Air Conditioning (HVAC) Systems)
• COVID-19 guidance on Incident notification
• COVID-19 Signage and posters
• COVID-19 - Workplace Checklists
• Infographic – What to do if a worker has COVID-19
• COVID-19 risk assessments – key considerations when assessing the risks associated with COVID-19 and example risk register 
• Model Code of Practice: How to manage work health and safety risks
• Model Code of Practice: Work health and safety consultation, cooperation and coordination  

• Mental health resources

• Safe Work Australia - COVID-19 guidance on Mental health
• You can contact the Beyond Blue coronavirus mental wellbeing support service on 1800 512 348 or the beyondblue website
• Department of Social Services - Family and mental health support  
• Heads Up – Healthy workplaces support
• Lifeline
• Smiling Mind – Supporting yourself and others through Coronavirus
• Safe Work Australia - Psychological health 

This page provides information about your obligations under the model WHS laws and how these relate to COVID-19 vaccines. 

As an employer you have a duty under the model WHS laws to eliminate, or if that is not reasonably practicable, minimise the risks of COVID-19 in the workplace so far as is reasonably practicable. Employers also have a duty to consult workers regarding COVID-19 risks and how these risks are to be managed. This includes the introduction of workplace policies relating to vaccination. This information will assist you to assess whether a COVID-19 vaccine is a reasonably practicable control measure to manage the risks of COVID-19 in your workplace.

You must also comply with any public health orders or directions made by state and territory governments that apply to you and your workplace, including those mandating vaccination of particular workers.

A safe and effective vaccine is an important part of keeping the Australian community safe and healthy. The COVID-19 vaccines, including boosters, available for use in Australia will help protect people by preventing serious health effects of COVID-19 in the person who is vaccinated, if they are infected with the COVID 19 virus. However, a vaccinated person may still unknowingly carry and spread the virus to others around them, including workers and others in their workplace. Because of this, even if your workers are vaccinated, to meet your duties under the model WHS laws and minimise the risks of COVID-19 in your workplace, you must continue to implement all other reasonably practicable COVID-19 control measures such as:

• ensuring workers do not come to their usual place of work when unwell, 
• ensuring workers do not come to their usual place of work if they have tested positive for COVID-19 unless they have been released from isolation by the relevant public health authority,
• ensuring physical distancing in the workplace and adhering to density limits (check occupancy limits for the type of building and building standards). For example:
  • supporting workers to work from home or relocating work tasks to different areas of the workplace or off-site, 
  • staggering workers’ start, finish and break times, 
  • reducing the number of situations where workers come into close contact with others, for example in lunchrooms and other shared spaces,
• improving air quality, 
• practising good hygiene,
• increasing cleaning and maintenance and
• wearing masks.

If you need information on COVID-19 and Australian workplace laws, go to the Fair Work Ombudsman website. The Fair Work Ombudsman has information on a range of matters, including giving directions to employees, leave entitlements and termination of employment. 

COVID-19 vaccination program

The Australian Government is committed to providing all Australians with access to free, safe and effective COVID-19 vaccines, including  booster doses.

The Australian Technical Advisory Group on Immunisation (ATAGI) guidance on the definition of ‘up-to-date’ vaccination status for COVID-19 and the latest advice on booster doses is available on the ATAGI website.

Information about Australia’s COVID-19 vaccination program is available on the Department of Health and Aged Care website. 

State and territory health agencies have issued public health orders or directions that require some workers to be vaccinated (including booster doses). If public health orders or directions apply to your workers, you must follow them. You should stay up to date with the advice of your local government health agency.   

Information on public health orders and directions that are in place in different jurisdictions is on the Safe Work Australia public health orders page.  

How COVID-19 vaccines work

A person who is vaccinated against COVID-19 is much less likely to suffer serious health effects from the virus if they catch COVID 19. 

Safe and effective COVID-19 vaccines are an important part of keeping the Australian community safe. However, a vaccinated person may still unknowingly carry and spread the virus to others around them, including workers and others in their workplace. Because of this, you must continue to implement all reasonably practicable control measures in your workplace, such as:

• ensuring your workers do not come to their usual place of  work when unwell, 
• ensuring your workers do not come to their usual place of work if they have tested positive for COVID-19 unless they have been released from isolation by the relevant public health authority,
• ensuring physical distancing in the workplace and adhering to density limits (check occupancy limits for the type of building and building standards). For example:
  • supporting workers to work from home or relocating work tasks to different areas of the workplace or off-site, 
  • staggering workers’ start, finish and break times, 
  • reducing the number of situations where workers come into close contact with others, for example in lunchrooms and other shared spaces,
• improving air quality, 
• practising good hygiene,
• increasing cleaning and maintenance, and
• wearing masks.

The COVID-19 situation is evolving. You must continue to assess the risks and review the control measures to ensure they continue to be effective.

Immunity after vaccination reduces over time. It is important that your workers’ COVID-19 vaccinations are up-to-date. This includes any booster doses recommended by ATAGI.

For more information on how the COVID-19 vaccines work, including the recommended doses and boosters, go to the Department of Health and Aged Care website.

Vaccination and my WHS duties

Do I need to include mandatory vaccination as a control measure to comply with my WHS duties?

Under the model WHS laws, you have a duty to eliminate or if not reasonably practicable, minimise the risks of COVID-19 in the workplace so far as is reasonably practicable. You may not be able to completely eliminate the risk to workers of COVID-19, therefore you must do all that is reasonably practicable to minimise the risks and vaccination should be considered as just one way to do so in the context of a range of COVID-19 control measures. 

However, even though vaccination is available this does not necessarily mean it is reasonably practicable for you to require vaccinations in your workplace or for all of your workers. Your risk assessment might indicate that you can meet your WHS duties by applying other controls to address the risk of COVID-19.

To minimise risks of COVID-19 in the workplace, you must:

• undertake a risk assessment for your business (more information is available on the risk assessment page). Note in some jurisdictions, workplaces are required to develop COVID-19 safety plans under public health orders.
• consider the effectiveness of available control measures and how they will help manage the risks of COVID-19, including any available vaccines.
• consult with workers and their health and safety representatives (HSRs), if any, about COVID-19, assessment of COVID-19 WHS risks, and relevant control measures, including the COVID-19 vaccines (more information on your consultation obligations is available on the consultation page ).
• consult, co-operate and co-ordinate, so far as is reasonably practicable, with any other duty holders. 
• determine what control measures are reasonably practicable for you to implement in your workplace (more information on the meaning of reasonably practicable is available on the risk assessment page ).

Whether a requirement for workers to be vaccinated is reasonably practicable will depend on the circumstances of your particular workplace and your workers at the time you undertake your risk assessment.  

Some factors you should consider on an ongoing basis include:

• What is the extent of community transmission of COVID-19 where your workplace is located or where your workers perform their work? 
• Considering the local situation, how likely is it that your workers will be exposed to the COVID-19 virus? 
• What is the level of vaccination (including boosters) in the local community?
• Are your workers up-to-date with their COVID-19 vaccinations, including any booster doses, as recommended by ATAGI?
• Is the Australian Health Protection Principal Committee recommending COVID-19 vaccination for workers in your industry? 
• Are your workers likely to be exposed to COVID-19 as part of their work? For example, health care workers will be at higher risk of COVID-19 when their work duties place them in contact with people who may be infected with the COVID-19 virus.
• Are your workers vulnerable to COVID-19? Do they work with people who would be vulnerable to severe disease if they contract COVID-19? Are there any factors that would change the severity of COVID-19 if your workers were to become infected (e.g., access to healthcare)? 
• What is the likelihood that COVID-19 could spread in the workplace? For example, some work tasks may require your workers to work in close proximity to each other, to your customers or members of the public. 
• Do your workers interact with large numbers of other people in the course of their work that could contribute to a ‘super-spreading’ event if your workers contract COVID-19? 
• What other control measures are available and in place in your workplace? Do those control measures already minimise the risks of COVID-19, so far as is reasonably practicable?
• Would a requirement to be vaccinated be unlawful in the circumstances? For example, would it discriminate against a class of employees? If you need information on COVID-19 and Australian workplace laws, go to the Fair Work Ombudsman website. If you need information on the implications of anti-discrimination laws, go to the Australian Human Rights Commission website.

More information on the meaning of reasonably practicable is available on the risk assessment page for your industry and in the guide: How to determine what is reasonably practicable to meet a health and safety duty.

It is more likely to be reasonably practicable to mandate COVID-19 vaccination where workers are required as part of their duties to:

• interact with people with an increased risk of being infected with COVID-19 (for example, health care workers treating COVID-19 patients).
• have close contact with people who are more likely to develop serious illness from COVID-19 (for example, health care or aged care workers).
• interact with other people such as customers, other employees or the public (for example, stores providing essential goods and services) where there is a high level of community transmission.

The availability of COVID-19 vaccines and boosters does not automatically mean businesses need to require workers to be vaccinated to meet their WHS duties. Even if vaccination is available to all of your workers it may not be reasonably practicable to require vaccinations at your particular workplace. Whether it is reasonably practicable should be determined based on a risk assessment and needs to be assessed on a case-by-case basis. 

You must consult with your workers and HSRs, if any, about your assessment of WHS risks associated with COVID-19 and your control measures to eliminate or minimise those risks so far as is reasonably practicable. 

If you conclude (following a risk assessment and consultation) that implementing a mandatory vaccination policy is necessary to minimise the risks of COVID-19 at your workplace, you also need to consult with your workers and their representatives about the proposed vaccination policy. You must allow workers to raise and express their views on work health and safety issues that may arise directly or indirectly because of COVID-19, including vaccination policy. You must genuinely take the views of workers into account when making decisions and advise them of your decision.  You should also provide your workers with relevant information and materials to assist their understanding of the issues, including a copy of your risk assessment for COVID-19 at your workplace.

Get advice

You should get legal advice if you are considering requiring your workers to be vaccinated. There are many issues to consider - workplace relations, discrimination and privacy issues will also be relevant. If you have a worker who cannot be vaccinated for medical reasons, you may need to implement different control measures to minimise the risks of COVID-19 for this worker and other vulnerable persons, for example, if the individual has a disability (within the meaning of the Disability Discrimination Act 1992) and is more vulnerable to COVID-19 or is unable to be vaccinated. If you need information on implications of anti-discrimination laws, go to the Australian Human Rights Commission website.

Talk to your WHS regulator, the Fair Work Ombudsman, your employer organisation or other legal service before implementing a mandatory vaccination policy in your workplace.  

If after undertaking a risk assessment, consulting with workers and HSRs (if any), and taking advice, you decide that a mandatory vaccination policy is a reasonably practicable control measure to minimise the risks of COVID-19, you will need to implement the policy as a part of meeting your WHS duties.

Remember, public health orders in your state or territory about COVID-19 vaccines may apply to your workers. You should keep up to date with what’s happening in your jurisdiction. More information is available on the Safe Work Australia public health orders page.  

I have determined that mandatory vaccination of my workers is not reasonably practicable at this time – what else can I do to support the vaccine rollout?

If you determine that it is not reasonably practicable to mandate COVID-19 vaccination for your workers based on your current workplace circumstances, you should still encourage your workers to get vaccinated and stay up-to-date with booster doses, if they are able to. Having as many of your workers vaccinated as possible reduces the WHS risks for all workers, their families, your customers and the wider community.

Workplaces are recognised as a key setting for health promotion. You can help your workers find out more information about the vaccines by directing them to the Department of Health and Aged Care website. You can also develop your own informational material to support COVID-19 vaccination, provided certain conditions are met. The Therapeutic Goods Administration (TGA) has issued guidance on communicating about COVID-19 vaccines.

Do I need to consult with workers about vaccination if a public health order or direction applies?

There may also be specific public health orders or directions in your state or territory that require your workers to be vaccinated in order to perform certain types of work. If this is the case, you and your workers must comply, and you do not need to consult with workers before following a public health order or direction. However, you should discuss with your workers what the orders or directions require and what you and your workers need to do to comply with the order or direction. More information is available on the Safe Work Australia public health orders page. In addition, you must still consult with your workers, and their HSRs (if any), about what you are doing to identify and manage the risks of COVID-19 in the workplace.

Workers, customers, visitors and vaccinations

Customers or visitors at the workplace can transmit the COVID-19 virus to your workers and other customers or visitors, and controls should be put in place to protect workers, customers and or visitors. Employers have a duty to ensure that the workplace is without risks to the health and safety of all persons (including customers, workers and visitors), so far as is reasonably practicable.

To meet your duties under the model WHS laws and minimise the risks of COVID-19 in your workplace, employers must continue to implement all other reasonably practicable COVID-19 control measures such as:

• ensuring workers do not come to work when unwell, 
• ensuring workers do not come to work if they have tested positive for COVID-19 unless they have been released from isolation by the relevant public health authority,
• ensuring physical distancing in the workplace and adhering to density limits (check occupancy limits for the type of building and building standards). For example:
  • supporting workers to work from home or relocating work tasks to different areas of the workplace or off-site, 
  • staggering workers’ start, finish and break times, 
  • reducing the number of situations where workers come into close contact with others, for example in lunchrooms and other shared spaces,
• improving air quality, 
• practising good hygiene,
• increasing cleaning and maintenance, and 
• wearing masks. 

Depending on the nature of the business, employers may need to consider whether a policy of only allowing vaccinated persons access to the workplace is a reasonably practicable control measure. This needs to be assessed on a case-by- case basis and will depend on the particular circumstances in your workplace, as well as the suitability and availability of other controls. 

You must also comply with any public health orders or directions made by state and territory governments that apply to you and your workplace, including those relevant for customers and workers.

Can I require customers and visitors to prove they have been vaccinated before they can enter my workplace?

It is unlikely that WHS laws require you to ask customers and visitors for proof of vaccination. However, state and territory public health orders or directions may require you to check for proof of vaccination as a condition of entry.

If you want customers and visitors to be vaccinated as a condition of entry to your premises and this is not required by a public health order or direction, you should seek advice before you take any action as this may raise privacy and discrimination issues. 

For more information on privacy, go to the Office of the Australian Information Commissioner website. For more information on anti-discrimination laws, go to the Australian Human Rights Commission website.

Can my workers refuse to come to work because another worker isn’t vaccinated?

Under the model WHS laws, a worker can only cease or refuse to carry out work if the worker has a reasonable concern that to carry out the work would expose the worker to a serious risk to the worker’s health or safety from an immediate or imminent exposure to a hazard. In some circumstances, workers have the right to refuse to carry out or stop unsafe work. HSRs can also direct a worker in their work group to cease unsafe work if there is a reasonable concern that the worker will be exposed to a serious risk to their health and safety from an immediate or imminent hazard. 

In most circumstances, a worker will not be able to rely on the WHS laws to cease work simply because another worker at the workplace isn’t vaccinated. However, this will depend on the circumstances.

A person who is vaccinated against COVID-19 is much less likely to suffer serious health effects from the virus if they catch COVID 19. 

However, a vaccinated person may still unknowingly carry and spread the virus to others around them, including workers and others in their workplace.  

For vulnerable workers (especially those who cannot receive a vaccination), you should continue to implement other working arrangements where you reasonably can, such as working from home. If you need information on implications of anti-discrimination laws, go to the Australian Human Rights Commission website.

You should talk to your workers to understand their concerns about the risks of COVID-19 and assure them that you are continuing to implement reasonably practicable control measures which are known to reduce the spread of the virus in the workplace, such as:

• ensuring workers do not come to work when unwell, 
• ensuring workers do not come to work if they have tested positive for COVID-19 unless they have been released from isolation by the relevant public health authority,
• ensuring physical distancing in the workplace and adhering to density limits (check occupancy limits for the type of building and building standards). For example:
  • supporting workers to work from home or relocating work tasks to different areas of the workplace or off-site, 
  • staggering your workers’ start, finish and break times, 
  • reducing the number of situations where workers come into close contact with others, for example in lunchrooms and other shared spaces,
• improving air quality, 
• practising good hygiene,
• increasing cleaning and maintenance, and
• wearing masks. 

Some of my workers cannot be vaccinated because of medical conditions. How do I protect my unvaccinated workers from COVID-19?

A safe and effective COVID-19 vaccination, including boosters, is an important part of keeping the Australian community safe. However, a vaccinated person may still unknowingly carry and spread the virus to others around them, including workers and others in their workplace. Immunity of workers will also reduce over time and so boosters are important to maintain ongoing protection. Because of this, even if your workers are vaccinated, you must continue to implement all reasonably practicable control measures in your workplace, such as:

• ensuring workers do not come to work when unwell, 
• ensuring workers do not come to work if they have tested positive for COVID-19 unless they have been released from isolation by the relevant public health authority,
• ensuring physical distancing in the workplace and adhering to density limits (check occupancy limits for the type of building and building standards). For example:
  • supporting workers to work from home or relocating work tasks to different areas of the workplace or off-site, 
  • staggering workers’ start, finish and break times, 
  • reducing the number of situations where workers come into close contact with others, for example in lunchrooms and other shared spaces,
• improving air quality, 
• practising good hygiene,
• increasing cleaning and maintenance, and 
• wearing masks. 

You must also conduct a risk assessment to determine whether particular working arrangements (for example, working from home) should be put in place for workers who cannot be vaccinated. You should take into account the worker’s specific circumstances, the nature of your workplace and the type of work the worker performs. More information can be found on the vulnerable workers page for your industry and on the Australian Human Rights Commission website.

What about my obligations under workers’ compensation laws?

If a worker contracts COVID-19 at work

Under workers’ compensation laws workers may be entitled to workers’ compensation if they contract COVID-19 out of or in the course of employment. Workers’ compensation laws differ in each state and territory, so you should seek advice from your workers’ compensation authority. Contact details and more information on workers’ compensation is available on the workers’ compensation page. Some workers’ compensation laws presume that, for some categories of worker, a COVID-19 diagnosis is directly attributable to work for the purposes of workers’ compensation.

Adverse reaction to a COVID-19 vaccine

In some circumstances, a worker’s adverse reaction to the COVID-19 vaccine may be covered by workers’ compensation. The adverse reaction must amount to an ‘injury’. Minor and temporary side effects such as headache, fever or fatigue are unlikely to be compensable. 

If a worker suffers an ‘injury’, there must also be the necessary connection with employment to be compensable under workers’ compensation – that is, the injury must arise out of or in the course of the worker’s employment. In some cases, employment must also be a significant contributing factor to the injury.

Workers’ compensation laws differ in each state and territory, so you should seek advice from your workers’ compensation authority. Contact details and more information on workers’ compensation is available on the workers’ compensation page.

COVID-19 vaccine claims scheme

The Australian Government has developed a claims scheme to compensate people who suffer a moderate to significant impact following an adverse reaction to a Therapeutic Goods Administration (TGA) approved COVID-19 vaccine and who suffer financial loss as a result (such as medical costs or lost wages). The scheme covers the costs of losses or expenses $1,000 and above due to administration of a TGA approved COVID-19 vaccine or due to an adverse event that is recognised to be caused by a COVID-19 vaccination.

An entitlement to compensation under this scheme does not require any connection between the adverse reaction and the person’s employment. More information about the scheme is available here: COVID-19 vaccine claims scheme.