Your employer has 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 in the workplace so far as is reasonably practicable.
A safe and effective vaccine is an important part of keeping the Australian community safe and healthy. 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, your employer must continue to apply all other reasonably practicable control measures to minimise the risks of COVID-19, 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.
This page provides information on your rights and obligations under the model WHS laws in relation to the COVID-19 vaccines. You can also contact your WHS regulator, health and safety representative (HSR) or worker organisation for assistance.
If you need information on your rights and obligations under workplace relations laws, such as your leave entitlements, go to the Fair Work Ombudsman website.
COVID-19 vaccination program
The Australian Government is committed to providing all Australians with access to free, safe and effective COVID-19 vaccines. While the Government aims to have as many Australians as possible choose to be vaccinated, receiving a vaccination is voluntary. You should get the recommended COVID-19 vaccine, including booster doses, if you can. If you have any concerns, you should discuss these with your doctor.
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 their 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 may make public health orders or directions that require some workers to be vaccinated. If public health orders or directions are made, 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 can be found on the Safe Work Australia public health orders page.
How the 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 only one 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, your employer must continue to apply all other reasonably practicable 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.
The COVID-19 situation is evolving. Your employer 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 you are up-to-date with your COVID-19 vaccinations. This includes any booster doses recommended by ATAGI.
For more information on how the COVID-19 vaccines work, go to the Department of Health and Aged Care website.
Can I be forced to get a vaccine?
You cannot be forced to be vaccinated or undergo any medical procedure against your will.
However, in some cases, employers may lawfully require workers to be vaccinated to perform work or to undertake certain tasks in a workplace, including where there is a public health order or direction which requires vaccination or where the employer has determined, in consultation with workers (and HSRs, if any), vaccination to be a reasonably practicable control measure to minimise the risks of COVID-19 at your workplace.
If you are a worker who cannot be vaccinated, and you work at a workplace that requires vaccination, you should talk to your employer, HSR or worker organisation about your options. For example, your employer may agree that you can perform your work from home. For information about your workplace rights you can also talk to the Fair Work Ombudsman.
If you cannot be vaccinated for medical reasons or due to a personal attribute protected under Australian anti-discrimination laws, for example due to a disability, you can seek further information from the Australian Human Rights Commission about your rights.
Can my employer require me to be vaccinated against COVID-19 under WHS laws?
All Australians are being encouraged to choose to be vaccinated.
The COVID-19 vaccines available for use in Australia can prevent you from experiencing serious health effects of COVID-19, if you catch the virus. However, a vaccinated person may still unknowingly carry and spread the virus to others around them, including workers and others in their workplace.
The model work health and safety laws require your employer to do what is reasonably practicable to protect workers from the risks of COVID-19.
Your employer may decide that vaccination (including booster doses) is a necessary control measure to protect workers and others from the risks of COVID-19 at the workplace. Your employer must have conducted a risk assessment to determine whether vaccination is a reasonably practicable measure.
Vaccination will not always be a reasonably practicable measure to minimise the risks of COVID-19. However, it is likely that vaccination will be a reasonably practicable measure your employer may implement to minimise the risks of COVID-19 at the workplace if you are required, as part of your role, 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, or
- work in a situation where there are factors that could change the severity of COVID-19 if you were to become infected (e.g., delayed access to healthcare).
However, even though vaccination is available to all workers, this does not necessarily mean it is reasonably practicable for businesses to require vaccinations in their workplace or for all of their workers. Whether it is reasonably practicable should be determined based on a risk assessment and needs to be assessed on a case-by-case basis. Before your employer makes a decision about requiring vaccination, they have an obligation to consult with workers, and any HSRs before any decisions are made. Your employer must also consult with workers, and any HSRs, about their assessment of the WHS risks of COVID-19 and their control measures to eliminate or minimise those risks so far as is reasonably practicable.
As a worker, you must be given a genuine opportunity to express your views and to raise issues, and to contribute to the decision-making process relating to the decision to introduce a vaccination policy.
If your employer does require you to be vaccinated, they should provide you with relevant information and materials, including a copy of the workplace risk assessment for COVID-19, so that you can make an informed decision about vaccination. You should talk to your doctor if you have any concerns.
More information on the vaccines is available from the Department of Health and Aged Care website. You can also contact your WHS regulator, HSR or worker organisation for assistance.
There may also be specific public health orders or directions in your state or territory that require you to be vaccinated (including booster doses) in order to perform certain types of work. If this is the case, you and your employer must comply, and your employer does not need to consult with you before following a public health order or direction. However, your employer should discuss with you what the orders require and what you and your employer need to do to comply with the order or direction.
Although your employer must comply with public health orders and directions (including any regarding vaccination), your employer must still consult with workers and their HSRs (if any) about what they are doing to identify and manage the risks of COVID-19 to keep workers safe in the workplace.
If you cannot be vaccinated for medical reasons or due to a personal attribute protected under Australian anti-discrimination laws, for example due to a disability, you can seek further information from the Australian Human Rights Commission about your rights.
What about my duty as a worker under WHS laws? Does this mean I have to be vaccinated?
As a worker, you must take reasonable care of yourself and not do anything that would adversely affect the health and safety of others at work. You must also follow any reasonable health and safety instructions from your employer as far as you are reasonably able.
For example, if you have any COVID-19 symptoms, you should get tested and not attend work until you have a negative test result or have been released from isolation. Further information on pay, leave and stand downs can be found at the Fair Work Ombudsman’s website.
If there is a law or public health order or direction in place which requires you to be vaccinated, for example because you work in a certain industry, you may need to be vaccinated to work, or continue to work, in that industry. Your employer may also require you to be vaccinated in order to minimise the risks of COVID-19 at your workplace.
If your employer does require you to be vaccinated, they should provide you with relevant information and materials, including a copy of the workplace risk assessment for COVID-19, so that you can make an informed decision about vaccination. You should talk to your doctor if you have any concerns.
Some workers may not be able to be vaccinated for medical reasons. Further information on this is available on the Department of Health of Aged Care website. If you cannot be vaccinated due to a personal attribute protected under Australian anti-discrimination laws, for example due to a disability, you can seek further information from the Australian Human Rights Commission about your rights.
For more information on the COVID-19 vaccines, go to the Department of Health of Aged Care website. You can also contact your WHS regulator ,HSR or worker organisation for assistance.
Can I be dismissed from my job or penalised if I decide not to be vaccinated?
The Fair Work Ombudsman provides information and advice to employers and employees on workplace entitlements and obligations under Australian workplace laws. For more information go to the Fair Work Ombudsman website.
If your employer implements a mandatory vaccination policy and you decide not to be vaccinated, your employer may agree that you can perform your work from home or that you can perform your duties differently to reduce the risks of COVID-19 (depending on the industry you work in or the type of work you do). This will be a matter of negotiation between you and your employer.
If you cannot be vaccinated due to a personal attribute protected under Australian anti-discrimination laws, for example due to a disability, you can seek further information from the Australian Human Rights Commission about your rights.
Does my employer have to consult with me before requiring vaccination at my workplace?
If your employer is considering introducing a mandatory vaccination policy in your workplace under the model WHS laws, they must consult with you and your HSR, if any, before taking any action. Your employer must give you an opportunity to share your ideas and express any concerns about the proposed vaccination policy and take them into account. You should let them know if there is a reason why you cannot be vaccinated.
Under the model WHS laws, employers are required to discuss and listen to workers concerns before making decisions. If there are consultation procedures in place at your workplace, the consultation must be carried out in accordance with the consultation procedures.
There may also be specific public health orders or directions in your state or territory that require you to be vaccinated in order to perform certain types of work. If this is the case, you and your employer must comply, and your employer does not need to consult with you before following a public health order or direction. However, your employer should discuss with you what the orders or directions require and what you and your employer need to do to comply. More information is available on the public health orders page. Your employer must also consult with you about what they are doing to identify and manage the risks of COVID-19 in your workplace.
More information is available on the Safe Work Australia consultation page.
What do I do if I have concerns about the COVID-19 vaccines?
The Australian Government is committed to ensuring Australians have access to safe and effective vaccines. Any COVID-19 vaccine can only be used in Australia if the Therapeutic Goods Administration has approved it through its rigorous approvals process. More information on the approvals process is available on the Department of Health and Aged Care website.
If you still have concerns about receiving a COVID-19 vaccine, you should talk to your doctor.
I’m pregnant – can I be vaccinated?
Vaccination is recommended for people who are pregnant. Specific advice on COVID-19 vaccination for those who are pregnant, breastfeeding or planning pregnancy is available on the Department of Health and Aged care website.
I will not be able to be vaccinated because of a medical condition. What should my employer do?
A safe and effective COVID-19 vaccination is only one 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, your employer must continue to implement all other 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, for example in lunchrooms and other shared spaces with others,
- improving air quality,
- practising good hygiene,
- increasing cleaning and maintenance, and
- wearing masks.
Your employer must also consider whether, because of your circumstances, particular working arrangements (for example, working from home) need to be put in place for you, for example, if you have a disability (within the meaning of the Disability Discrimination Act 1992) and are more vulnerable to COVID-19 or are unable to be vaccinated. Your employer should take into account your specific circumstances, the nature of your workplace and the type of work you do.
More information can be found on the Safe Work Australia vulnerable workers page and on the Australian Human Rights Commission website. Further information on alternative work arrangements can be found on the Fair Work Ombudsman’s website. If you cannot be vaccinated due to a personal attribute protected under Australian anti-discrimination laws, for example due to a disability, you can seek further information from the Australian Human Rights Commission about your rights.
I am vaccinated. Do I still have to take other precautions such as physical distancing, wearing masks and frequently washing my hands?
Yes. Safe and effective vaccines (including boosters) are only one part of keeping the Australian community safe and healthy. It is important that you continue to take the following steps to prevent the spread of COVID-19:
- follow the public health orders and directions in your state or territory,
- don’t attend work when you are unwell, have COVID-19 symptoms or have been told to stay at home by health officials (e.g., you are required to quarantine or have been tested for COVID-19 and are awaiting your test result),
- do all you reasonably can to work safely, including implementing the controls your employer has put in place under their Work Health and Safety policy for COVID-19 such as physical distancing and cleaning processes and procedures,
- follow training and instructions your employer has provided to you (e.g., about how to wash hands thoroughly),
- ask if you’re not sure how to safely perform the work,
- use personal protective equipment (PPE) such as masks and gloves in the way you were trained and instructed to use it, and
- report any unsafe situations (e.g., a lack of soap in the bathroom) to your supervisor or to your HSR.
Your employer is required to make sure everyone in your workplace keeps implementing COVID-19 control measures even after vaccination targets have been reached.
If you cannot implement a control measure due to a personal attribute protected under Australian anti-discrimination laws, for example due to a disability, you can seek further information from the Australian Human Rights Commission about your rights.
Can my employer ask me for proof that I am vaccinated?
If you are required under a public health order or direction to be vaccinated or your employer has implemented a mandatory vaccination policy at your workplace, they may ask you to confirm your vaccination status and request evidence that you have been vaccinated. Also, some public health orders and directions can give an employer the right, and in some cases the obligation, to ask relevant employees for vaccination evidence and require the employees to provide such evidence. They may also be required to pass that evidence to a third party, such as the occupier of a premises where work is to be undertaken.
More information about workplace privacy is available on the Fair Work Ombudsman website or the Office of the Australian Information Commissioner website.
The Fair Work Ombudsman provides information and advice to employers and employees on workplace rights and obligations under Australian workplace laws. For more information on COVID-19 vaccinations and workplace rights and obligations go to the Fair Work Ombudsman website.
Am I entitled to workers’ compensation if I get COVID-19?
Under workers’ compensation laws you may be entitled to workers’ compensation if you contract COVID-19 out of or in the course of your employment. Workers’ compensation laws differ in each state and territory, so contact your workers’ compensation authority if you need advice. 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.
Contact details and more information on workers’ compensation is available on the Safe Work Australia workers’ compensation page.
Adverse reaction to a COVID-19 vaccine
If you have an adverse reaction to a COVID-19 vaccine, you may be covered by workers’ compensation, in some circumstances. The adverse reaction must amount to an ‘injury’. Minor and temporary side effects such as headache, fever or fatigue are unlikely to be compensable.
For an ‘injury’ to be a compensable injury under workers’ compensation law, there must also be the necessary connection with employment, that is, the injury must arise out of or in the course of your employment. In some cases, employment must also be a significant contributing factor to the injury.
Each state and territories workers’ compensation laws are different, so you should seek advice from your workers’ compensation authority if you believe that you have suffered an injury from a COVID-19 vaccine related to your employment.
COVID-19 vaccine claims scheme
The Australian Government has implemented 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 your employment. More information about the scheme is available here: COVID-19 vaccine claims scheme.
