COVID-19 for Workplaces Pack
For the Employer in the My industry isn't here industry

Total supporting material in this pack: 74

Date of print/download 25 November 2024

Risk assessment

Risk management is a proactive process that helps you respond to change and facilitate continuous improvement in your business. It should be planned, systematic and cover all reasonably foreseeable hazards and associated risks.  

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: 

  • how severe a risk is 
  • 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 customers/clients to COVID-19 is a foreseeable risk that must be assessed and managed in the context of your operating environment. 

A risk assessment will assist to: 

  • identify which workers are at risk of exposure 
  • determine what sources and processes are causing the risk 
  • identify if and what kind of control measures should be implemented, and 
  • check the effectiveness of existing control measures. 

A risk assessment can be undertaken with varying degrees of detail depending on the type of hazard and the information, data and resources that you have available. It can be as simple as a discussion with your workers or involve specific risk analysis tools and techniques developed for specific risks or recommended by safety professionals. For some complex situations, expert or specialist advice may be useful when conducting a risk assessment. 

When should I do a risk assessment?

Managing work health and safety risks is an ongoing process that needs attention over time, but particularly when any changes affect your work activities. 

All currently operating businesses must assess the risks associated with exposure to COVID-19 and implement control measures to manage those risks. They must also assess any other new or changed risks arising from COVID-19, for example, customer aggression, high work demand or working in isolation. 

You must also undertake a risk assessment with response to risks to any vulnerable workers working in your business. Risk needs to be assessed and mitigated with consideration of the characteristics of the worker, the workplace and the work. This includes ensuring vulnerable people are redeployed to roles that don’t involve physical contact with customers, where possible. Where risk cannot be appropriately mitigated, employers and workers should consider alternate arrangements to accommodate a workplace absence. For more, go the Vulnerable workers information. 

Other examples of when businesses must undertake a risk assessment with respect to COVID-19, include where a business: 

  • changes work practices, procedures or the work environment 
  • recommences operations following a shut down 
  • increases operations following a period of reduced operations 
  • introduces workers back into the workplace following the cessation of working from home or stand-down arrangements 
  • is responding to workplace incidents (e.g. where a worker has tested positive to COVID-19) 
  • is responding to concerns raised by workers, health and safety representatives, or others at the workplace 

Risk assessments should be reviewed periodically as the operating environment changes (for example, in response to changes in COVID-19 cases or changes to public health orders) or when new information on workplace risks becomes available. This should include the periodic review of control measures implemented to ensure their ongoing appropriateness and effectiveness based on the latest information.

How do I do a risk assessment?

The model Code of Practice: How to manage work health and safety risks provides practical guidance about how to manage WHS risks through a risk assessment process. See also our information on key considerations for businesses to take into account when assessing the risks associated with COVID-19, as well as an example risk register.

A safe and healthy workplace does not happen by chance or guesswork. You have to think about what could go wrong at your workplace and what the consequences could be. Then you must do whatever you can (in other words, whatever is ‘reasonably practicable’) to eliminate or minimise health and safety risks arising from your business or undertaking. 

This process is known as risk management and involves the four steps (see Figure 1 below): 

  • Identify hazards—find out what could cause harm. 
  • Assess risks, if necessary—understand the nature of the harm that could be caused by the hazard, how serious the harm could be and the likelihood of it happening. This step may not be necessary if you are dealing with a known risk with known controls. 
  • Control risks – implement the most effective control measure that is reasonably practicable in the circumstances and ensure it remains effective over time. 
  • Review hazards and control measures to ensure they are working as planned. 

This process will be implemented in different ways depending on the size and nature of your business. Larger businesses and those in sectors where workers are exposed to more or higher risks are likely to need more complex, sophisticated risk management processes. 

Consultation with workers and their health and safety representatives is required at each step of the risk management process. By drawing on the experience, knowledge and ideas of your workers, you are more likely to identify all hazards and choose effective control measures. 

 

The risk management process
Figure 1. The risk management process


Where do I go to find information about risks and control measures?

General risks - Safe Work Australia’s website has information on known risks for some industries and activities. Your industry association, jurisdictional WHS regulator and health department are also good sources of information.  

Business specific risks - You and your workers know your business better than anyone. Working in consultation with your workers you can identify risks specific to your business and ways these can be addressed. If you need help with this you can call your WHS regulator for advice. For example, the Italian deli owner who knows they have a queue for their specialty bread every Saturday morning could allow customers to call ahead and have a loaf put aside for them to avoid the early morning queue. 

The unexpected - Some risks you might not be able to predict but you can pick them up by monitoring the work environment and checking in with your workers. For example, the local café offering home delivery during COVID-19 might suddenly find the demand is much higher than before but keeping up with this demand gives the chef a sore back. The café in consultation with their staff might put in anti-fatigue mats or re-task staff who used to wait tables to assist the chef.  

How do I know what is ‘reasonably practicable’?

Deciding what is reasonably practicable to protect workers or other persons from harm requires taking into account and weighing up all relevant matters, including (but not limited to): 

  • Likelihood of the hazard or risk occurring – the greater the likelihood of a risk occurring, the greater the significance of this factor when weighing up all matters and determining what is reasonably practicable 
  • Degree of harm that might result from the hazard or risk – the greater the degree of harm that might result from the hazard, the more significant this factor will be when weighing up all matters to determine what is reasonably practicable. Where the degree of harm that might result from the risk or hazard is high, a control measure may be reasonably practicable even if the likelihood of the hazard or risk occurring is low.  
  • Knowledge about the hazard or risk, and ways of minimising or eliminating the risk – this must take into account what the duty holder actually knows and what a reasonable person in the duty holder’s position would reasonably be expected to know 
  • Availability and suitability of ways to eliminate or minimise the risk – requires consideration of what is available and suitable for the elimination or minimisation of risk, and 
  • Costs associated with the available ways of eliminating or minimising the risk - after assessing the extent of the risk and the available ways of eliminating or minimising the risk, consideration can be given to whether the cost of implementing a control measure is grossly disproportionate to the risk.  

The highest level of protection that is reasonably practicable in the circumstances should be provided to eliminate or minimise the hazard or risk. 

See also our Guide: How to determine what is reasonably practicable to meet a health and safety duty and the model Code of Practice: Work health and safety consultation, cooperation and coordination

What do the ‘costs’ associated with eliminating or minimising a risk include?

The costs of implementing a particular control measure may include (but are not limited to) matters such as:  

  • costs of purchase, installation, maintenance and operation of the control measure  
  • any impact on productivity as a result of the introduction of the control measure, such as reductions in output and or increases in work hours. 

When considering costs you should also take account of any savings that may result from reductions in incidents, injuries, illnesses and staff turnover, as well as improvements in staff productivity. 

How do I determine whether the costs of eliminating or minimising a particular risk are ‘reasonably practicable’?

To determine whether expenditure to eliminate or minimise a risk is ‘reasonably practicable’ in the circumstances, you must consider: 

  • the likelihood and degree of harm of the hazard or risk,  
  • the reduction in the likelihood and/or degree of harm that will result if the control measure is adopted, and 
  • the available ways of eliminating or minimising the risk. 

The more likely the hazard or risk, or the greater the harm that may result from it, the less weight should be given to the costs of eliminating the hazard or risk. 

Where there are several options for eliminating or minimising a risk and they would achieve the same level or reduction in the likelihood or degree of harm, a duty holder may choose to apply one or more of the less costly options. However, choosing a low-cost option that provides less protection, simply because it is cheaper, is unlikely to be considered ‘reasonably practicable’. 

Importantly, the question of what is reasonably practicable in a particular circumstance is determined objectively, not by reference to your capacity to pay or other individual circumstances.  

If you cannot afford to implement a control measure that, based on the risk assessment and weighing up of the factors listed above, is necessary to eliminate or minimise the risk, you should not engage in the activity that gives rise to that risk. 

How do I know if the costs of eliminating or minimising a risk are ‘grossly disproportionate’?

To determine whether the costs of eliminating or minimising a risk are ‘grossly disproportionate’ you must balance the likelihood of the risk occurring and degree of harm that might result, with the cost of the control measure. 

It may not be necessary to implement costly control measures to eliminate or minimise a risk that has a low likelihood of occurring and would cause minor harm. However, it may be reasonable to apply less expensive controls to further lower the likelihood of the risk. 

What do I do if I find the costs associated with eliminating or minimising a risk are ‘grossly disproportionate’?

Where the cost of implementing control measures is grossly disproportionate to the risk, implementation may not be reasonably practicable and is therefore not required. The duty holder must then use a less expensive way to minimise the likelihood or degree of harm. 

Resources

 

Training

The model WHS laws include requirements for workers to complete specified training and assessment before they can undertake certain work or roles, including: 

  • First aid training 
  • Health and Safety Representative (HSR) training 
  • Construction Induction training (i.e. White Card) 
  • High Risk Work training and assessment  
  • Asbestos Assessment or Removal training, and 
  • WHS entry Permit Holder training.  

The COVID-19 pandemic is significantly impacting the ability of Registered Training Organisations (RTOs) to deliver face-to-face training. Although WHS laws do not specify how training must be delivered, in practice, most WHS regulators require training be delivered ‘face-to-face’.  

To address training impacted by the COVID-19 pandemic, WHS regulators have agreed national guidance on WHS training and assessment, including delivery methods.  

Changes in training delivery methods have been agreed for First Aid training, HSR training and Construction Induction (White Card) training. 

No changes have been made to High Risk Work training and assessment, Asbestos Assessment or Removal training and WHS Entry Permit Holder training. Training and assessment must still be completed face-to-face, acknowledging this may not be possible during the COVID-19 pandemic. 

How can training be delivered?

Changes in training delivery methods have been agreed for First Aid training, HSR training and Construction Induction (White Card) training. 

First aid training

No compliance action will be taken by WHS regulators in relation to the first aid training requirements in regulation 42 of the model WHS Regulations where first aid training is not available because of COVID-19. 

The Australian Industry Skills Council has also released guidance on the delivery of first aid training

Health and Safety Representative (HSR) training

HSR training may be delivered via Connected real-time delivery.   

Construction Induction (White Card) training

White Card training may be delivered via Connected real-time delivery. Tasmania will continue to allow online delivery of White Card training. In Western Australia (WA), Registered Training Organisations (RTOs) are required to deliver White Card training consistent with the Standards for Registered Training Organisations 2015 (Standards). During the COVID-19 pandemic, provided RTOs deliver White Card training to candidates located in WA in accordance with the Standards, there is no need to apply to WorkSafe WA in relation to connected real-time delivery. 

RTOs may be required to apply for and obtain WHS regulator approval to deliver training via the connected real-time delivery method. Guidance for RTO proposals for connected real-time delivery can be found in fact sheet General Construction Induction (White card) Training – Guidance for RTO proposals for connected real-time delivery.  

What is “connected real-time delivery”? 

  • Live video streaming/conferencing using platforms such as Zoom, Skype, Teams  
  • Involves real-time interaction between learner and trainer  
  • Provides for active participation of learners and trainers  
  • Verification of learner Evidence of Identity (EOI) can be done one-on-one (or face to face) via video conference  
  • Direct observation or verbal assessment can be undertaken for all assessment components.  

Are there limitations on delivery of connected real-time training?

Training must involve real-time interactions between the learner and trainer and must include one-on-one (or face-to-face) training and assessment interaction. The training must not: 

  • be delivered entirely via an online learning management system through portals 
  • include a pre-training requirement 
  • include self-paced learning  
  • include pre-recorded trainer videos or teaching course content including educational videos showing workplaces (e.g. construction sites).  

What about delivery methods for the remaining training and assessment?

There will be no change to the delivery method for the following:  

  • High Risk Work training and assessment, 
  • Asbestos assessment or removal training, and 
  • WHS entry permit holder training.  

Training and assessment for these courses must be completed face-to-face, which may not be possible during the COVID-19 pandemic. 

Will all WHS regulators follow the agreed positions on training delivery methods?

The Commonwealth, state and territory WHS regulators are responsible for enforcing compliance with WHS training and assessment in their own jurisdiction.  

Although national positions on the delivery of WHS training have been reached, some minor administrative variations may still exist between WHS regulators. You should contact your WHS regulator if you have any questions regarding the delivery of WHS training and assessment. If your business operates in more than one jurisdiction, you may need to contact more than one WHS regulator.  

Find contact details for the WHS regulators

Is it possible agreed training delivery methods may be revisited or change?

Yes. WHS regulators will continue to consult and adapt to changing circumstances based on Government directives and Health advice.  

Training

The model WHS laws include requirements for workers to complete specified training and assessment before they can undertake certain work or roles, including: 

  • First aid training 
  • Health and Safety Representative (HSR) training 
  • Construction Induction training (i.e. White Card) 
  • High Risk Work training and assessment  
  • Asbestos Assessment or Removal training, and 
  • WHS entry Permit Holder training.  

The COVID-19 pandemic is significantly impacting the ability of Registered Training Organisations (RTOs) to deliver face-to-face training. Although WHS laws do not specify how training must be delivered, in practice, most WHS regulators require training be delivered ‘face-to-face’.  

To address training impacted by the COVID-19 pandemic, WHS regulators have agreed national guidance on WHS training and assessment, including delivery methods.  

Changes in training delivery methods have been agreed for First Aid training, HSR training and Construction Induction (White Card) training. 

No changes have been made to High Risk Work training and assessment, Asbestos Assessment or Removal training and WHS Entry Permit Holder training. Training and assessment must still be completed face-to-face, acknowledging this may not be possible during the COVID-19 pandemic. 

How can training be delivered?

Changes in training delivery methods have been agreed for First Aid training, HSR training and Construction Induction (White Card) training. 

First aid training

No compliance action will be taken by WHS regulators in relation to the first aid training requirements in regulation 42 of the model WHS Regulations where first aid training is not available because of COVID-19. 

The Australian Industry Skills Council has also released guidance on the delivery of first aid training

Health and Safety Representative (HSR) training

HSR training may be delivered via Connected real-time delivery.   

Construction Induction (White Card) training

White Card training may be delivered via Connected real-time delivery. Tasmania will continue to allow online delivery of White Card training. In Western Australia (WA), Registered Training Organisations (RTOs) are required to deliver White Card training consistent with the Standards for Registered Training Organisations 2015 (Standards). During the COVID-19 pandemic, provided RTOs deliver White Card training to candidates located in WA in accordance with the Standards, there is no need to apply to WorkSafe WA in relation to connected real-time delivery. 

RTOs may be required to apply for and obtain WHS regulator approval to deliver training via the connected real-time delivery method. Guidance for RTO proposals for connected real-time delivery can be found in fact sheet General Construction Induction (White card) Training – Guidance for RTO proposals for connected real-time delivery.  

What is “connected real-time delivery”? 

  • Live video streaming/conferencing using platforms such as Zoom, Skype, Teams  
  • Involves real-time interaction between learner and trainer  
  • Provides for active participation of learners and trainers  
  • Verification of learner Evidence of Identity (EOI) can be done one-on-one (or face to face) via video conference  
  • Direct observation or verbal assessment can be undertaken for all assessment components.  

Are there limitations on delivery of connected real-time training?

Training must involve real-time interactions between the learner and trainer and must include one-on-one (or face-to-face) training and assessment interaction. The training must not: 

  • be delivered entirely via an online learning management system through portals 
  • include a pre-training requirement 
  • include self-paced learning  
  • include pre-recorded trainer videos or teaching course content including educational videos showing workplaces (e.g. construction sites).  

What about delivery methods for the remaining training and assessment?

There will be no change to the delivery method for the following:  

  • High Risk Work training and assessment, 
  • Asbestos assessment or removal training, and 
  • WHS entry permit holder training.  

Training and assessment for these courses must be completed face-to-face, which may not be possible during the COVID-19 pandemic. 

Will all WHS regulators follow the agreed positions on training delivery methods?

The Commonwealth, state and territory WHS regulators are responsible for enforcing compliance with WHS training and assessment in their own jurisdiction.  

Although national positions on the delivery of WHS training have been reached, some minor administrative variations may still exist between WHS regulators. You should contact your WHS regulator if you have any questions regarding the delivery of WHS training and assessment. If your business operates in more than one jurisdiction, you may need to contact more than one WHS regulator.  

Find contact details for the WHS regulators

Is it possible agreed training delivery methods may be revisited or change?

Yes. WHS regulators will continue to consult and adapt to changing circumstances based on Government directives and Health advice.  

 

Training

The model WHS laws include requirements for workers to complete specified training and assessment before they can undertake certain work or roles, including: 

  • First aid training 
  • Health and Safety Representative (HSR) training 
  • Construction Induction training (i.e. White Card) 
  • High Risk Work training and assessment  
  • Asbestos Assessment or Removal training, and 
  • WHS entry Permit Holder training.  

The COVID-19 pandemic is significantly impacting the ability of Registered Training Organisations (RTOs) to deliver face-to-face training. Although WHS laws do not specify how training must be delivered, in practice, most WHS regulators require training be delivered ‘face-to-face’.  

To address training impacted by the COVID-19 pandemic, WHS regulators have agreed national guidance on WHS training and assessment, including delivery methods.  

Changes in training delivery methods have been agreed for First Aid training, HSR training and Construction Induction (White Card) training. 

No changes have been made to High Risk Work training and assessment, Asbestos Assessment or Removal training and WHS Entry Permit Holder training. Training and assessment must still be completed face-to-face, acknowledging this may not be possible during the COVID-19 pandemic. 

How can training be delivered?

Changes in training delivery methods have been agreed for First Aid training, HSR training and Construction Induction (White Card) training. 

First aid training

No compliance action will be taken by WHS regulators in relation to the first aid training requirements in regulation 42 of the model WHS Regulations where first aid training is not available because of COVID-19. 

The Australian Industry Skills Council has also released guidance on the delivery of first aid training

Health and Safety Representative (HSR) training

HSR training may be delivered via Connected real-time delivery.   

Construction Induction (White Card) training

White Card training may be delivered via Connected real-time delivery. Tasmania will continue to allow online delivery of White Card training. In Western Australia (WA), Registered Training Organisations (RTOs) are required to deliver White Card training consistent with the Standards for Registered Training Organisations 2015 (Standards). During the COVID-19 pandemic, provided RTOs deliver White Card training to candidates located in WA in accordance with the Standards, there is no need to apply to WorkSafe WA in relation to connected real-time delivery. 

RTOs may be required to apply for and obtain WHS regulator approval to deliver training via the connected real-time delivery method. Guidance for RTO proposals for connected real-time delivery can be found in fact sheet General Construction Induction (White card) Training – Guidance for RTO proposals for connected real-time delivery.  

What is “connected real-time delivery”? 

  • Live video streaming/conferencing using platforms such as Zoom, Skype, Teams  
  • Involves real-time interaction between learner and trainer  
  • Provides for active participation of learners and trainers  
  • Verification of learner Evidence of Identity (EOI) can be done one-on-one (or face to face) via video conference  
  • Direct observation or verbal assessment can be undertaken for all assessment components.  

Are there limitations on delivery of connected real-time training?

Training must involve real-time interactions between the learner and trainer and must include one-on-one (or face-to-face) training and assessment interaction. The training must not: 

  • be delivered entirely via an online learning management system through portals 
  • include a pre-training requirement 
  • include self-paced learning  
  • include pre-recorded trainer videos or teaching course content including educational videos showing workplaces (e.g. construction sites).  

What about delivery methods for the remaining training and assessment?

There will be no change to the delivery method for the following:  

  • High Risk Work training and assessment, 
  • Asbestos assessment or removal training, and 
  • WHS entry permit holder training.  

Training and assessment for these courses must be completed face-to-face, which may not be possible during the COVID-19 pandemic. 

Will all WHS regulators follow the agreed positions on training delivery methods?

The Commonwealth, state and territory WHS regulators are responsible for enforcing compliance with WHS training and assessment in their own jurisdiction.  

Although national positions on the delivery of WHS training have been reached, some minor administrative variations may still exist between WHS regulators. You should contact your WHS regulator if you have any questions regarding the delivery of WHS training and assessment. If your business operates in more than one jurisdiction, you may need to contact more than one WHS regulator.  

Find contact details for the WHS regulators

Is it possible agreed training delivery methods may be revisited or change?

Yes. WHS regulators will continue to consult and adapt to changing circumstances based on Government directives and Health advice.  

Transitioning back to usual workplaces

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: 

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

Transitioning back to usual workplaces

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: 

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

Vaccination

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.

Vaccination

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.

 

Vaccination

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.

Vulnerable workers

 

Some people are at greater risk of more serious illness with COVID-19:  

  • Aboriginal and Torres Strait Islander people 50 years and older with one or more chronic medical conditions 
  • People 65 years and older with one or more chronic medical conditions 
  • People 70 years and older, and 
  • People with compromised immune systems 

These categories may increase or vary depending on the latest evidence. See the Department of Health website for further information.   

The Australian Health Protection Principal Committee advice is that there is limited evidence at this time regarding the risk in pregnant women and so, at present, pregnant women are not included on the vulnerable workers list. 

What to do  

You should follow the advice of the Australian Health Protection Principal Committee for vulnerable people in the workplace.  

The Australian Health Protection Principal Committee advises that: 

  • Where vulnerable workers undertake essential work, a risk assessment must be undertaken. Risk needs to be assessed and mitigated with consideration of the characteristics of the worker, the workplace and the work. This includes ensuring vulnerable people are redeployed to non-customer-based roles where possible. Where risk cannot be appropriately mitigated, employers and workers should consider alternate arrangements to accommodate a workplace absence. 

One of my workers is a vulnerable person, how do I conduct a risk assessment?

When conducting a risk assessment for a worker that is a vulnerable person for the risk of exposure to COVID-19 you must consider:  

  • the characteristics of the worker,  
  • features of the workplace and  
  • the nature of the work.  

Remember to keep all information about a worker’s medical conditions confidential. 

For further assistance on how to conduct a risk assessment, refer to the model Code of Practice: How to manage work health and safety risks, which provides practical guidance about how to manage WHS risks through a risk assessment process. See also our guidance relating to COVID-19:  

  • Guidance on COVID-19 Risk Assessments,   
  • Guidance on key considerations for businesses to take into account when assessing the risks associated with COVID-19, and  
  • the example risk register.  

How do I know what is ‘reasonably practicable’ to manage the risk of a vulnerable person contracting COVID-19? 

Deciding what is reasonably practicable to protect workers or other persons from harm requires taking into account and weighing up all relevant matters, including the degree of harm that is likely to occur if the risk of contracting COVID-19 eventuates.  

If a vulnerable person contracts COVID-19, it can result in serious illness or death, which means the degree of harm that might result from the risk or hazard is very high. You must consider all available control measures to limit exposure to vulnerable people, even if the likelihood of them contracting COVID-19 may be low. This includes whether they can work from home in their usual or other role. 

See the model Code of Practice: How to manage work health and safety risks for guidance on how to undertake a risk assessment and our guidance on COVID-19 Risk Assessments. 

Can I just require that my vulnerable workers take leave during the COVID-19 pandemic? 

No. You must first try to identify and manage risks to your worker’s health and safety at the workplace, including considering whether the nature of their job or the workplace increases their risk of exposure to the virus. You may need to explore options for the worker to work from home or arrange for them to move temporarily into a different role. For further assistance, see the model Code of Practice: How to manage work health and safety risks and our guidance on COVID-19 Risk Assessments. 

If the risks to your worker’s health and safety at the workplace cannot be effectively managed, then you must consult with them about alternate arrangements such as taking leave.  

Your worker can continue to access all available entitlements, including leave, under the relevant enterprise agreement, award, contracts of employment and any workplace policies. If you are unsure of your obligations regarding worker entitlements, you can contact the Fair Work Ombudsman

Vulnerable workers

Some people are at greater risk of more serious illness with COVID-19:  

  • Aboriginal and Torres Strait Islander people 50 years and older with one or more chronic medical conditions 
  • People 65 years and older with one or more chronic medical conditions 
  • People 70 years and older, and 
  • People with compromised immune systems 

These categories may increase or vary depending on the latest evidence. See the Department of Health website for further information.   

The Australian Health Protection Principal Committee advice is that there is limited evidence at this time regarding the risk in pregnant women and so, at present, pregnant women are not included on the vulnerable workers list. 

What to do  

You should follow the advice of the Australian Health Protection Principal Committee for vulnerable people in the workplace.  

The Australian Health Protection Principal Committee advises that: 

  • Where vulnerable workers undertake essential work, a risk assessment must be undertaken. Risk needs to be assessed and mitigated with consideration of the characteristics of the worker, the workplace and the work. This includes ensuring vulnerable people are redeployed to non-customer-based roles where possible. Where risk cannot be appropriately mitigated, employers and workers should consider alternate arrangements to accommodate a workplace absence. 

One of my workers is a vulnerable person, how do I conduct a risk assessment?

When conducting a risk assessment for a worker that is a vulnerable person for the risk of exposure to COVID-19 you must consider:  

  • the characteristics of the worker,  
  • features of the workplace and  
  • the nature of the work.  

Remember to keep all information about a worker’s medical conditions confidential. 

For further assistance on how to conduct a risk assessment, refer to the model Code of Practice: How to manage work health and safety risks, which provides practical guidance about how to manage WHS risks through a risk assessment process. See also our guidance relating to COVID-19:  

  • Guidance on COVID-19 Risk Assessments,   
  • Guidance on key considerations for businesses to take into account when assessing the risks associated with COVID-19, and  
  • the example risk register.  

How do I know what is ‘reasonably practicable’ to manage the risk of a vulnerable person contracting COVID-19? 

Deciding what is reasonably practicable to protect workers or other persons from harm requires taking into account and weighing up all relevant matters, including the degree of harm that is likely to occur if the risk of contracting COVID-19 eventuates.  

If a vulnerable person contracts COVID-19, it can result in serious illness or death, which means the degree of harm that might result from the risk or hazard is very high. You must consider all available control measures to limit exposure to vulnerable people, even if the likelihood of them contracting COVID-19 may be low. This includes whether they can work from home in their usual or other role. 

See the model Code of Practice: How to manage work health and safety risks for guidance on how to undertake a risk assessment and our guidance on COVID-19 Risk Assessments. 

Can I just require that my vulnerable workers take leave during the COVID-19 pandemic? 

No. You must first try to identify and manage risks to your worker’s health and safety at the workplace, including considering whether the nature of their job or the workplace increases their risk of exposure to the virus. You may need to explore options for the worker to work from home or arrange for them to move temporarily into a different role. For further assistance, see the model Code of Practice: How to manage work health and safety risks and our guidance on COVID-19 Risk Assessments. 

If the risks to your worker’s health and safety at the workplace cannot be effectively managed, then you must consult with them about alternate arrangements such as taking leave.  

Your worker can continue to access all available entitlements, including leave, under the relevant enterprise agreement, award, contracts of employment and any workplace policies. If you are unsure of your obligations regarding worker entitlements, you can contact the Fair Work Ombudsman

Vulnerable workers

Some people are at greater risk of more serious illness with COVID-19:  

  • Aboriginal and Torres Strait Islander people 50 years and older with one or more chronic medical conditions 
  • People 65 years and older with one or more chronic medical conditions 
  • People 70 years and older, and 
  • People with compromised immune systems 

These categories may increase or vary depending on the latest evidence. See Department of Health website for further information.   

The Australian Health Protection Principal Committee advice is that there is limited evidence at this time regarding the risk in pregnant women and so, at present, pregnant women are not included on the vulnerable workers list. 

What to do

You should follow the advice of the Australian Health Protection Principal Committee for vulnerable people in the workplace.  

The Australian Health Protection Principal Committee advises that: 

  • Where vulnerable workers undertake essential work, a risk assessment must be undertaken. Risk needs to be assessed and mitigated with consideration of the characteristics of the worker, the workplace and the work. This includes ensuring vulnerable people are redeployed to non-customer-based roles where possible. Where risk cannot be appropriately mitigated, employers and workers should consider alternate arrangements to accommodate a workplace absence. 

I am a vulnerable person. Do I have to stop working?

Not necessarily. To ensure your safety in the workplace, your employer must first conduct a risk assessment taking into account your specific characteristics, the nature of your workplace and the type of work you do. For example, if your job involves extensive interaction and contact with other people, your employer may require you to perform a different role not involving close contact with other people during the pandemic or to work from home. 

If your employer is unable to appropriately minimise the risk of you contracting COVID-19, they will need to consider other options in consultation with you to arrange your absence from the workplace, including paid leave. 

I am a vulnerable person. Will my job need to change?

Not necessarily. If your job involves frequent interaction with the public or extended close contact with co-workers your employer may consider if it is possible for you to perform your current role in a different way, for example, working from home. They may also talk to you about performing a different role at this time if that would eliminate or minimise any close contact with others. 

Your employer must consult with you about any new arrangements and allow you to express your preferences and any concerns. The Model Code of Practice: Work Health and Safety Consultation, Cooperation and Coordination contains more information about what your employer must do to consult with you. 

If you are a vulnerable person working in a role where the risks of contracting COVID-19 can be minimised, taking into account all the relevant circumstances, your job may not need to change. However, your employer will require you to take all necessary precautions to keep yourself safe such as maintaining good hygiene and not coming to work if you are unwell. 

I am a vulnerable person. Can my employer require me to take leave during the COVID-19 pandemic?

There is no automatic requirement for you to have to take leave from your workplace during the COVID-19 pandemic. However, your employer must identify and manage risks to your health and safety at the workplace and consider if your job increases your risk of exposure to the virus. For example, your employer may explore the option for you to work from home or talk with you about moving into a different role during the pandemic. 

If the risks to your health and safety at the workplace cannot be effectively managed, your employer may consult with you about alternate arrangements such as taking leave. 

Your employer must allow you to continue to access available entitlements, including leave, under the relevant enterprise agreement, award, contracts of employment and workplace policies. If you are unsure of your workplace entitlements, you can contact the Fair Work Ombudsman

Work-related violence

Workplace violence and aggression can be any incident where a person is abused, threatened or assaulted in circumstances relating to their work. 

Workplace violence and aggression may include: 

  • physical assault such as biting, scratching, hitting, kicking, pushing, grabbing, throwing objects 
  • intentionally coughing or spitting on someone 
  • sexual assault or any other form of indecent physical contact, and 
  • harassment or aggressive behaviour that creates a fear of violence, such as stalking, verbal threats and abuse, yelling and swearing and can be in person, by phone, email or online. 

Workplace violence and aggression can result from a range of sources including: 

  • External violence and aggression from customers, clients or members of the public 
  • Internal violence and aggression from other workers, supervisors or managers 
  • Family and domestic violence from a family or domestic relationship when this occurs at the workplace, including if the person’s workplace is their home. For more, go to the Family and domestic violence information.  

Workplace violence and aggression can result in both physical and/or psychological harm to the person it is directed at and anyone witnessing the behaviour. For more about psychological harm, go to the Mental health and COVID-19 information. 

It can happen in any industry but is most common in industries where people work with the public or external clients. Higher risk industries include: 

  • health care and social assistance – this includes nurses, doctors, paramedics, allied health workers, residential and home carers  
  • public administration and safety – such as police officers, protective service officers, security officers, prison guards and welfare support workers 
  • retail and hospitality – including workers at grocery outlets, convenience stores and pharmacies  
  • education and training – including teachers and teachers’ aides. 

Young workers may also experience higher rates of workplace violence in the form of initiation hazing. 

Workers may be at increased risk of experiencing acts of aggression or violence because of measures businesses have put in place to comply with enforceable government directions or their COVIDSafe plan. These measures may include limits on the number of customers in stores, restrictions on products and services and requirements to sign in with QR codes or wear masks.

Coughing and spitting 

In the COVID-19 environment, deliberate acts of coughing and spitting on workers have occurred as a form of violence, particularly against police officers, health care workers and emergency response workers. There have also been incidents of customers spitting on retail workers due to product restrictions. Some jurisdictions have introduced specific fines and jail terms for people who intentionally spit or cough on workers during the COVID-19 pandemic or being asked to comply with QR check ins or mask requirements when entering the store. 

Further information about responding to coughing and spitting incidents can be obtained from the police in your jurisdiction (for example, in NSW coughing or spitting on a public official in a way that is likely to cause fear about the spread of COVID-19 is an offence). 

Workers may be at increased risk of experiencing acts of aggression or violence because of measures businesses have put in place to comply with enforceable government directions or their COVIDSafe plan. These measures may include limits on the number of customers in stores, restrictions on products and services and requirements to sign in with QR codes or wear masks.

What are my WHS duties to manage workplace violence and aggression?

You must ensure workers and others are not exposed to risks to their health and safety, including from workplace violence. You must take a systematic approach to managing risk with the aim of eliminating the risk, or if this is not possible, minimising the risk so far as is reasonably practicable.  

Workers and others at the workplace also have a duty to take reasonable care of their own health and safety, and not adversely affect the health and safety of themselves or others. This includes following any reasonable instruction given to comply with a health and safety duty. 

You need to identify hazards, assess risks and implement controls 

Consult workers on physical and psychological hazards from violence and aggression in the workplace and on how to manage them. Workers often know what the issues are and have ideas about how to manage them. For more information, go to Consultation and communication. 

Once you have consulted workers, determined appropriate measures and put them in place, continue to review how you are managing the risks to check your measures are working.  

Identifying hazards

Identifying hazards involves consulting with workers and other duty holders and observing how work is carried out to see what can go wrong. 

  • Workplace violence can arise from hazards that increase stress and conflict. During the COVID-19 pandemic, businesses must comply with enforceable government directions or their COVIDSafe plan. For example, there may be limits on the number of customers in stores, restrictions on products and services, contactless collection methods or requirements to be met as a condition of entry such as use of a QR code or having to wear a mask.    

External violence and aggression may occur due to:  

  • general stress and anxiety in the community related to physical distancing rules, e.g. if people are not complying with the rules 
  • condition of entry requirements such as a requirement to check in with QR codes or having to wear a mask
  • products and services are restricted or no longer available 
  • business hours are limited  
  • longer queues and wait times and limits on the number of customers in stores 
  • workers do not have the information on-hand to respond to customer requests or are insufficiently trained; procedures have changed and workers and customers are struggling to adjust  
  • not enough workers available to serve the public 
  • handling valuable or restricted items, for example cash or medicines 
  • providing care to people who are distressed, confused, afraid, ill or affected by drugs and alcohol 
  • workers are working in isolation, offsite or in the community, and 
  • increased isolation from support.  

Internal violence and aggression may also occur when:  

  • workers are worried about the health risks they may be exposed to and the effectiveness of preventive measures 
  • roles or workloads are poorly distributed among work teams  
  • work schedules change  
  • there is less face-to-face supervision, or workers are more isolated from support networks 
  • workloads have increased or roles have changed, for example if extra focus is given to regular cleaning and disinfection of the workplace 
  • workers are not adequately trained or familiar with products, services or workplace procedures 
  • workers are worried about their job security 
  • the workplace culture is hostile or does not prevent violence and aggression.  

Racial discrimination may also increase in the form of individual acts of aggression, or collective forms such as targeting workplaces with workers of a particular nationality or ethnicity.    

There may also be stigma around, and the potential for violence or aggression towards, people who have had COVID-19, or those who seem to be acting inconsistently with public health requirements.  

Assessing risks

If you already know the risks associated with a hazard you have identified, and there are well-known and accepted ways to control it, it may not be necessary to assess the risk of that hazard. If you need to assess risk, you must seek input from your workers and others including relevant duty holders. 

You could consider the following to work out the likelihood that someone could be harmed through workplace violence and aggression, and the degree of harm: 

  • who could be exposed to hazards 
  • when they are likely to be exposed to hazards 
  • frequency and duration of exposure to hazards 
  • the ways hazards interact to make new or greater risks 
  • effectiveness of current control measures 
  • the harm exposure could cause. 

Potential harm could: 

  • be physical or psychological 
  • include minor or serious injury and illness, or death 
  • be the result of a single incident, or build up over a longer period. 

Managing the risks of workplace violence

Workplace violence and aggression can impact psychological and physical health.  

New measures may be needed due to the COVID-19 pandemic and the impacts this has had on your workplace or business operations.  

External violence and aggression

To manage the risk of violence, aggression and harassment at the workplace, consider the following:  

Physical work environment and security  

  • ensure access to the premises is appropriately controlled 
  • increase security measures such as security personnel, video surveillance or duress alarms 
  • ensure internal and external lighting provides good visibility 
  • arrange furniture and partitions to allow good visibility of service areas and avoid restrictive movement 
  • separate workers from the public, for example install protective barriers or screens  
  • prevent public access to the premises when people work alone or at night  
  • limit the amount of cash, valuables and medicines held on the premises  
  • ensure there are no dangerous objects that could be thrown or used to injure someone 
  • provide workers and others with a safe place to retreat to avoid violence 
  • put up signs to reflect that the workplace will not accept any forms of violence and aggression. 

Work systems 

  • manage expectations of customers and clients with communications about the nature and limits of the products or services you are now providing, for example online and using signage at the workplace, e.g. inform customers of reduced services, wait times, their place in the queue or offer them other methods for non-urgent requests (such as online forms) 
  • place purchase limits on the sale of in-demand goods or take them off the shelves and require customers to ask for them specifically 
  • provide information as soon as possible on the availability of services/products or processing delays 
  • clarify the procedures which customers may not be familiar with, such as physical distancing in stores and queuing procedures  
  • adapt opening hours if necessary, and clearly communicate this to the public 
  • avoid workers needing to work in isolation and provide sufficient staff during periods of high customer attendance 
  • monitor workers when they are working in the community or away from the workplace, for example a supervisor checks in regularly throughout the shift  
  • alternate the task of working with customers (in person or over the phone) with other work tasks and ensure workers have their regular breaks 
  • promote awareness messages to customers about new constraints due to the COVID-19 situation (e.g. requirement to sign-in with a QR code or wear a mask), encouraging them to show patience, respect and understanding 
  • evaluate your work practices, in consultation with your workers and their representatives, to see if they contribute to violence and aggression  
  • train workers in how to deal with difficult customers, conflict resolution and when to escalate problem calls to senior staff, including procedures to report incidents 
  • ensure that workers are made aware of their right to cease unsafe work. 

Internal violence and aggression  

There are many things you can do to reduce the risk of violence, aggression and harassment between workers, supervisors and managers, including:  

  • provide a positive, respectful work culture where violence, aggression and harassment is not tolerated 
  • provide a consistent approach to prevent inappropriate behaviour from escalating 
  • regularly review workloads and time pressures with your workers and their representatives 
  • ask workers to provide screen shots and keep records if aggressive behaviour occurs online 
  • improve role clarity by ensuring your workers have well-defined roles and the expectations of them are clear 
  • provide adequate resources and training to your workers so they are able to perform their role confidently and competently. 

Responding to incidents of violence, aggression and harassment

Responses to work-related violence, aggression and harassment will vary depending on the nature and severity of the incident. 

At the time of an incident 

Workers should be trained in what to do during a violent or aggressive incident, such as: 

  • using calm verbal and non-verbal communication
  • using verbal de-escalation and distraction techniques 
  • seeking support from other workers 
  • asking the aggressor to leave the premises or disconnecting the aggressor from the phone call 
  • activating alarms or alerting security personnel or police  
  • retreating to a safe location. 

Immediately after an incident 

Immediately after a violent or aggressive incident, you should: 

  • ensure that everyone is safe 
  • provide first aid or urgent medical attention where necessary 
  • provide individual support where required, including psychological support to the victim and other workers 
  • report what happened, who was affected and who was involved. 
  • You may need to notify your state or territory WHS regulator if the incident is a ‘notifiable incident’ (see the Incident Notification fact sheet for more information). 

Further information and resources 

SWA materials 

Other resources 

Other laws may also apply depending on the nature and circumstances of the violent or aggressive behaviour, for example criminal laws, anti-discrimination laws, and the industrial laws in some jurisdictions.  

Further information can be obtained from: 

Work-related violence

Small business must ensure workers and others are not exposed to risks to their health and safety, including from workplace violence and aggression.  

Workplace violence and aggression may include: 

  • physical assault such as biting, scratching, hitting, kicking, pushing, grabbing, throwing objects 
  • intentionally coughing or spitting on someone 
  • sexual assault or any other form of indecent physical contact, and 
  • harassment or aggressive behaviour that creates a fear of violence, such as stalking, verbal threats and abuse, yelling and swearing and can be in person, by phone, email or online. 

Violence and aggression might come from your customers or clients. But it can also come from other workers or businesses your work with. It could also come from family and domestic violence if this affects a worker while working (including working from home). For more about this, go to the Family and domestic violence information. 

You must take a systematic approach to managing risk with the aim of eliminating the risk, or if this is not possible, minimising the risk so far as is reasonably practicable.  

Workers and others at the workplace also have a duty to take reasonable care of their own health and safety, and not adversely affect the health and safety of themselves or others. This includes following any reasonable instruction given to comply with a health and safety duty. 

You need to consider when, where and how your workers might be exposed to violence and manage those risks.  

Ask your workers about when they’re exposed to violence and aggression at work and get their ideas on how to prevent it. Go to the Consultation information to read more about why it is important. 

Check that your controls are working and whether there is anything more you can do to prevent violence and harassment from happening in your small business.  

Once you have consulted workers, determined appropriate measures and put them in place, continue to review how you are managing the risks to check your measures are working. 

Coughing and spitting 

In the COVID-19 environment, deliberate acts of coughing and spitting on workers have occurred as a form of violence, particularly against police officers, health care workers and emergency response workers. There have also been incidents of customers spitting on retail workers due to product restrictions, or being asked to comply with QR sign in or mask requirements when entering the store. Some jurisdictions have introduced specific fines and jail terms for people who intentionally spit or cough on workers during the COVID-19 pandemic. 

Further information about responding to coughing and spitting incidents can be obtained from the police in your jurisdiction (for example, in NSW coughing or spitting on a public official in a way that is likely to cause fear about the spread of COVID-19 is an offence). 

Identifying hazards

Working out the risks of aggressive or violent behaviour involves talking to your workers and observing how work is carried out to see what can go wrong. 

  • Where do customers feel stressed or anxious? Where is conflict likely?  
  • What products or services are in high demand or short supply? Where might a customer feel frustrated with your business or staff?  
  • Where do workers feel most vulnerable or isolated?  

Workplace violence can arise from hazards that increase stress and conflict. During the COVID-19 pandemic, businesses must comply with enforceable government directions in their state or territory and COVID-19Safe plans which may increase tension and stress.  

  • For example, there may be restrictions on products and services, and physical distancing measures and requirements to be met as a condition of entry such as check in with QR codes or wearing masks.

Risks to look out for 

From customers, clients and the public 

  • Things that annoy or frustrate customers and clients such as: 
    • conditions of entry for example a requirement to check in with QR codes or wearing masks 
    • delays, queues, limited availability of products or services,  
    • changes in normal processes, products, services and business hours 
    • workers lacking training and experience to respond to customer needs 
  • handling valuable or restricted items, for example cash or medicines 
  • providing care to people who are distressed, confused, afraid, ill or affected by drugs and alcohol 
  • workers are working in isolation, offsite or in the community, and increased isolation from support.  

Between workers 

  • worried or stressed workers, due to issues like: COVID-19 health concerns, risks at work, job security or personal issues causing stress 
  • roles or workloads are poorly distributed among work teams  
  • work schedules change  
  • workloads have increased or roles have changed, for example if extra focus is given to regular cleaning and disinfection of the workplace 
  • there is less face-to-face supervision, or workers are more isolated from support networks 
  • workers are not adequately trained or familiar with products, services or workplace procedures 
  • the workplace culture is hostile or does not prevent violence and aggression.  

Racial discrimination may also increase in the form of individual acts of aggression, or collective forms such as targeting workplaces with workers of a particular nationality or ethnicity.    

There may also be stigma around, and the potential for violence or aggression towards, people who have had COVID-19, or those who seem to be acting inconsistently with public health requirements.  

Assessing risks

You should consider the following to work out the likelihood that someone could be harmed through workplace violence, and the degree of harm: 

  • who could be exposed to hazards 
  • when they are likely to be exposed to hazards 
  • frequency and duration of exposure to hazards 
  • the ways hazards interact to make new or greater risks 
  • effectiveness of current control measures 
  • the harm exposure could cause. 

Potential harm could: 

  • be physical or psychological 
  • include minor or serious injury and illness, or death 
  • be the result of a single incident or build up over a longer period. 

Managing the risks of workplace violence 

Workplace violence and aggression can impact psychological and physical health. For more, go to the Mental health and COVID-19 information. 

New measures may be needed due to the COVID-19 pandemic and the impacts this has had on your workplace or business operations.  

External violence and aggression 

Consider the following:  

Physical work environment and security  

  • ensure access to the premises is appropriately controlled and increase security measures 
  • arrange furniture and partitions to allow good visibility of service areas and avoid restrictive movement 
  • separate workers from the public, for example install protective barriers or screens
  • prevent public access to the premises when people work alone or at night  
  • limit the amount of cash, valuables and medicines held on the premises  
  • ensure there are no dangerous objects that could be thrown or used to injure someone 
  • provide workers and others with a safe place to retreat to avoid violence 
  • put up signs to:
    • reflect any changes to conditions of entry due to the COVID-19 pandemic (e.g. mandatory check in with QR codes and wearing of masks) 
    • reflect that the workplace will not accept any forms of violence and aggression and
    • encourage customers to show workers patience, respect and understanding 

Work systems 

  • inform customers about limits, delays or changes to products and services with signs and/or on your website 
  • place purchase limits on the sale of in-demand goods or take them off the shelves and require customers to ask for them specifically 
  • clarify physical distancing in stores and queuing procedures for customers 
  • adapt opening hours if necessary, and clearly communicate this to the public 
  • avoid workers needing to work in isolation and provide sufficient staff during periods of high customer attendance 
  • monitor workers when they are working in the community or away from the workplace, for example a supervisor checks in regularly throughout the shift  
  • rotate staff to limit contact time with customers 
  • evaluate your work practices, in consultation with your workers and their representatives, to see if they contribute to violence and aggression  
  • train workers in how to deal with difficult customers, conflict resolution and when to escalate problem calls to senior staff, including procedures to report incidents 
  • ensure that workers are made aware of their right to cease unsafe work. 

Internal violence and aggression  

There are many things you can do to reduce the risk of violence, aggression and harassment between workers, supervisors and managers, including:  

  • provide a positive, respectful work culture where violence, aggression and harassment is not tolerated 
  • provide a consistent approach to prevent inappropriate behaviour from escalating 
  • regularly review workloads and time pressures with your workers and their representatives 
  • ask workers to provide screen shots and keep records if aggressive behaviour occurs online 
  • improve role clarity by ensuring your workers have well-defined roles and the expectations of them are clear 
  • provide adequate resources and training to your workers so they are able to perform their role confidently and competently. 

Responding to incidents of violence, aggression and harassment 

Responses to workplace violence, aggression and harassment will vary depending on the nature and severity of the incident. 

At the time of an incident 

Workers should be trained in what to do during a violent or aggressive incident, such as: 

  • using calm verbal and non-verbal communication
  • using verbal de-escalation and distraction techniques 
  • seeking support from other workers 
  • asking the aggressor to leave the premises or disconnecting the aggressor from the phone call 
  • activating alarms or alerting security personnel or police  
  • retreating to a safe location. 

Immediately after an incident 

Immediately after a violent incident, you should: 

  • ensure that everyone is safe 
  • provide first aid or urgent medical attention where necessary 
  • provide individual support where required, including psychological support to the victim and other workers 
  • report what happened, who was affected and who was involved. 

You may need to notify your state or territory WHS regulator if the incident is a ‘notifiable incident’ (see the Incident Notification fact sheet for more information). 

Further information and resources 

SWA materials 

Other resources 

Workplace Health and Safety Queensland: Prevention and management of violence and aggression in health services handbook.  

Other laws may also apply depending on the nature and circumstances of the violent or agressive behaviour, for example criminal laws, anti-discrimination laws, and the industrial laws in some jurisdictions.  

Further information can be obtained from: 

 

Work-related violence

Workplace violence and aggression can be any incident where a person is abused, threatened or assaulted in circumstances relating to their work. 

Workplace violence and aggression may include: 

  • physical assault such as biting, scratching, hitting, kicking, pushing, grabbing, throwing objects 
  • intentionally coughing or spitting on someone 
  • sexual assault or any other form of indecent physical contact, and 
  • harassment or aggressive behaviour that creates a fear of violence, such as stalking, verbal threats and abuse, yelling and swearing and can be in person, by phone, email or online. 

Violence and aggression might come from your customers or clients. But it can also come from other workers or businesses your work with. It could also come from family and domestic violence if this affects a worker while working (including working from home).  

If you are experiencing family and domestic violence, please go to the Family and domestic violence information.  

Racial discrimination may also increase in the form of individual acts of aggression, or collective forms such as targeting a group of workers of a particular nationality or ethnicity.    

There may also be stigma around, and the potential for violence or aggression towards, people who have had COVID-19, or those who seem to be acting inconsistently with public health requirements.   

WHS duties

Your employer has a duty to ensure that workers and others are not exposed to risks to their health and safety, including from violence and aggression in the workplace. Your employer must eliminate or minimise these risks as much as they reasonably can. 

You also have a duty to take reasonable care of your own health and safety, and not adversely affect the health and safety of yourself or others. This includes following any reasonable instruction given by your employer to comply with a health and safety duty. 

Managing the risks of workplace violence

Your workplace should have measures in place to ensure the health and safety of workers and customers from workplace violence and aggression. Go to the Employer tab for more information. 

However, your workplace might also introduce new measures or make changes due to the COVID-19 pandemic and the impacts this has had on your workplace or business operations. While there may not have been a violent incident in your workplace before, the risks may have increased due to the unprecedented circumstances of the COVID-19 pandemic. 

You employer must identify and manage these risks and they must consult with you in doing so. You are most likely to know about the risks of your work and can help identify situations where there is a risk of violent behaviour.  

You should tell your employer about these situations so they can put the appropriate measures in place to manage risks to your health and safety.  

Responding to incidents of violence and aggression

How you respond to workplace violence and aggression will vary depending on the nature and severity of the incident. 

You should be trained in what to do during a violent incident, such as: 

  • use calm verbal and non-verbal communication  
  • use verbal de-escalation and distraction techniques  
  • seek support from other workers  
  • ask the aggressor to leave the premises or disconnect the aggressor from the phone call
  • set off a duress alarm, if available  
  • alert security personnel or the police  
  • retreat to a safe location.  

Immediately after a violent incident, you should:  

  • ensure that everyone is safe  
  • provide first aid or urgent medical attention where necessary  
  • seek support where required, including psychological support  
  • report what happened, who was affected and who was involved. 

You can report your concerns about violent or aggressive behaviour at your workplace to your supervisor, human resources area, or the person designated by your organisation. You can also get advice from your employee assistance program if you have one. 

Further information and resources 

For further information: 

Workers' compensation

As a national policy body, Safe Work Australia does not have a role in determining a worker’s coverage or eligibility for benefits in workers’ compensation schemes, or for managing workers’ compensation claims and return to work programs for injured workers. All workers’ compensation arrangements are the responsibility of the Commonwealth, and each state and territory (jurisdictions). 

In response to the COVID-19 pandemic, workers’ compensation authorities across the jurisdictions are providing additional information for workers, employers, medical and health practitioners and others. 

For general guidance relating to your jurisdiction or advice on your particular circumstances, please refer to the information provided by your workers’ compensation authority. Seek specific advice from that authority if further information is needed. See workers’ compensation authorities for details.

Am I covered by workers’ compensation if I get COVID-19? 

You may be. 

Workers’ compensation arrangements differ across jurisdictions, however generally to be eligible for compensation a worker will need to: 

  • be covered by their workers’ compensation scheme, either as an employee or a deemed worker, 
  • have contracted the COVID-19 virus out of or in the course of their employment. 

It may be difficult to establish the time and place of your contraction of COVID-19 and therefore its connection to your employment.  

In some industries (e.g. health care), and in some circumstances (e.g. in the course of your employment you travelled to a high-risk area) it will be easier to establish a connection between your employment and the contraction of COVID-19.  

Your workers’ compensation authority will determine whether you are covered by their scheme and if the contraction of COVID-19 was adequately connected to their employment. They will consider each claim on its merits, with regard to the individual circumstances and evidence. 

Am I covered by workers’ compensation if I am injured while working from home? 

If you sustain an injury while working from home, you may be eligible for workers’ compensation. 

Workers’ compensation arrangements differ across jurisdictions, however generally to be eligible for compensation a worker would need to: 

  • be covered by their workers’ compensation scheme, either as an employee or a deemed worker, 
  • have an injury or illness of a kind covered by the scheme, that arose out of or in the course of their employment. 

Your workers’ compensation authority will determine whether you are covered by their scheme and your injury or illness was adequately connected to your employment. They will consider each claim on its merits, with regard to the individual circumstances and evidence. 

Am I covered by workers’ compensation if I lose my job due to my workplace closing? 

Workers’ compensation does not compensate a worker for the loss of a job due to COVID-19 related workplace closures.  

Workers’ compensation arrangements differ across jurisdictions, however generally to be eligible for compensation a worker will need to: 

  • be covered by their workers’ compensation scheme, either as an employee or a deemed worker, 
  • have an injury or illness of a kind covered by the scheme, that arose out of or in the course of their employment. 

If you have an existing workers’ compensation claim and your workplace closes, you and your employer should refer to information provided by, and seek advice from, your workers’ compensation authority about your particular circumstances. See workers’ compensation authorities for details.

Other financial support may be available to you if you have lost your job. Refer to the Australian Government’s Economic Response to the Coronavirus and also go to Staying informed about COVID-19 for links to other sources of information such as Services Australia and the Australian Tax Office. 

Will my existing workers’ compensation claim and return to work arrangements change due to COVID-19? 

It is possible that COVID-19 restrictions may impact aspects of your recovery and return to work.  

You and your employer should refer to information provided by, and seek advice from, your workers’ compensation authority on your particular circumstances. See workers’ compensation authorities for details.

What other support is available for me? 

Individuals may be eligible for financial support. Refer to the Australian Government’s Economic Response to the Coronavirus and also go to Staying informed about COVID-19 for links to other sources of information such as Department of Health, Services Australia, and the Australian Tax Office. 

Workers' compensation

As a national policy body, Safe Work Australia does not have a role in determining a worker’s coverage or eligibility for benefits in workers’ compensation schemes, or for managing workers’ compensation claims and return to work programs for injured workers. All workers’ compensation arrangements are the responsibility of the Commonwealth, and each state and territory (jurisdictions). 

In response to the COVID-19 pandemic, workers’ compensation authorities across the jurisdictions are providing additional information for workers, employers, medical and health practitioners and others. 

For general guidance relating to your jurisdiction or advice on your particular circumstances, please refer to the information provided by your workers’ compensation authority. Seek specific advice from that authority if further information is needed. See workers’ compensation authorities for details.

Are my workers covered by workers’ compensation if they contract COVID-19? 

They may be.  

Workers’ compensation arrangements differ across jurisdictions, however generally to be eligible for compensation a worker will need to: 

  • be covered by your workers’ compensation scheme, either as an employee or a deemed worker, 
  • have contracted the COVID-19 virus out of or in the course of their employment. 

Compared to a work-related injury, it may be more difficult to establish a connection between a worker’s contraction of the COVID-19 virus and their employment.  

In some industries (e.g. health care), and in some circumstances (e.g. in the course of their employment a worker travelled to a high-risk area) this connection may be easier to establish.  

Your workers’ compensation authority will determine whether the worker is covered by their scheme and if the contraction of COVID-19 was adequately connected to their employment. They will consider each claim on its merits, with regard to the individual circumstances and evidence. 

Are my workers covered by workers’ compensation if they lose their job due to our workplace closing? 

Workers’ compensation does not compensate a worker for the loss of a job due to COVID-19 related workplace closures.  

Workers’ compensation arrangements differ across jurisdictions, however generally to be eligible for compensation a worker will need to: 

  • be covered by your workers’ compensation scheme, either as an employee or a deemed worker, 
  • have an injury or illness of a kind covered by the scheme, that arose out of or in the course of their employment. 

If your worker has an existing workers’ compensation claim and your workplace closes, you and your worker should refer to information provided by, and seek advice from, your workers’ compensation authority about your particular circumstances. See workers’ compensation authorities for details.

Other financial support may be available to your workers who have lost their job. Refer to the Australian Government’s Economic Response to the Coronavirus and also go to Staying informed about COVID-19 for links to other sources of information such as Services Australia and the Australian Tax Office. 

Are my workers covered by workers’ compensation if they are injured while working from home? 

If your worker sustains an injury while working from home, they may be eligible for workers’ compensation. 

Workers’ compensation arrangements differ across jurisdictions, however generally to be eligible for compensation a worker would need to: 

  • be covered by the scheme, either as an employee or a deemed worker, 
  • have an injury or illness of a kind covered by the scheme, that arose out of or in the course of their employment. 

Your workers’ compensation authority will determine whether the worker is covered by their scheme and their injury or illness was adequately connected to their employment. They will consider each claim on its merits, with regard to the individual circumstances and evidence. 

Will existing workers’ compensation claims and return to work arrangements change due to COVID-19? 

COVID-19 restrictions may impact various aspects of a worker’s recovery and return to work. 

Your workers’ compensation authority can provide information for employers and their workers who are currently receiving workers’ compensation regarding payments, treatment and return to work. 

You and your worker should refer to information provided by, and seek advice from, your workers’ compensation authority on your particular circumstances. See workers’ compensation authorities for details.

What other support is available for me and my workers? 

Individuals and businesses may be eligible for financial support. Refer to the Australian Government’s Economic Response to the Coronavirus and also go to Staying informed about COVID-19 for links to other sources of information such as Department of Health, Services Australia, the Australian Tax Office, and Business.gov.au. 

Workers' compensation

As a national policy body, Safe Work Australia does not have a role in determining a worker’s coverage or eligibility for benefits in workers’ compensation schemes, or for managing workers’ compensation claims and return to work programs for injured workers. All workers’ compensation arrangements are the responsibility of the Commonwealth, and each state and territory (jurisdictions). 

In response to the COVID-19 pandemic, workers’ compensation authorities across the jurisdictions are providing additional information for workers, employers, medical and health practitioners and others. 

For general guidance relating to your jurisdiction or advice on your particular circumstances, please refer to the information provided by your workers’ compensation authority. Seek specific advice from that authority if further information is needed. See workers’ compensation authorities for details.

Are my workers covered by workers’ compensation if they contract COVID-19? 

They may be.  

Workers’ compensation arrangements differ across jurisdictions, however generally to be eligible for compensation a worker will need to: 

  • be covered by your workers’ compensation scheme, either as an employee or a deemed worker, 
  • have contracted the COVID-19 virus out of or in the course of their employment. 

Compared to a work-related injury, it may be more difficult to establish a connection between a worker’s contraction of the COVID-19 virus and their employment.  

In some industries (e.g. health care), and in some circumstances (e.g. in the course of their employment a worker travelled to a high-risk area) this connection may be easier to establish.  

Your workers’ compensation authority will determine whether your worker is covered by their scheme and if the contraction of COVID-19 was adequately connected to their employment. They will consider each claim on its merits, with regard to the individual circumstances and evidence. 

Are my workers covered by workers’ compensation if they lose their job due to our workplace closing? 

Workers’ compensation does not compensate a worker for the loss of a job due to COVID-19 related workplace closures.  

Workers’ compensation arrangements differ across jurisdictions, however generally to be eligible for compensation a worker will need to: 

  • be covered by your workers’ compensation scheme, either as an employee or a deemed worker, 
  • have an injury or illness of a kind covered by the scheme (e.g. COVID-19), that arose out of or in the course of their employment. 

If your worker has an existing workers’ compensation claim and your workplace closes, you and your worker should refer to information provided by, and seek advice from, your workers’ compensation authority about your particular circumstances. See workers’ compensation authorities for details.

Other financial support may be available to your workers who have lost their jobs. Refer to the Australian Government’s Economic Response to the Coronavirus and also go to Staying informed about COVID-19 for links to other sources of information such as Services Australia and the Australian Tax Office. 

Are my workers covered by workers’ compensation if they are injured while working from home? 

If your worker sustains an injury while working from home, they may be eligible for workers’ compensation. 

Workers’ compensation arrangements differ across jurisdictions, however generally to be eligible for compensation a worker would need to: 

  • be covered by the scheme, either as an employee or a deemed worker, 
  • have an injury or illness of a kind covered by the scheme, that arose out of or in the course of their employment. 

Your workers’ compensation authority will determine whether the worker is covered by their scheme and their injury or illness was adequately connected to their employment. They will consider each claim on its merits, with regard to the individual circumstances and evidence. 

Will existing workers’ compensation claims and return to work arrangements change due to COVID-19? 

COVID-19 restrictions may impact various aspects of a worker’s recovery and return to work. 

Your workers’ compensation authority can provide information for employers and their workers who are currently receiving workers’ compensation regarding payments, treatment and return to work. 

You and your worker should refer to information provided by, and seek advice from, your workers’ compensation authority on your particular circumstances. See workers’ compensation authorities for details.

What other support is available for me and my workers? 

Individuals and businesses may be eligible for financial support. Refer to the Australian Government’s Economic Response to the Coronavirus and also go to Staying informed about COVID-19 for links to other sources of information such as Department of Health, Services Australia, the Australian Tax Office, and Business.gov.au

Workers' rights

You are entitled to: 

  • elect a health and safety representative (HSR) if you wish to be represented by one 
  • request the formation of a health and safety committee 
  • cease unsafe work in certain circumstances 
  • have health and safety issues at the workplace resolved in accordance with an agreed issue resolution procedure, and 
  • not be discriminated against for raising health and safety issues. 

Health and safety representatives (HSR) 

You can ask your employer to facilitate the election of one or more HSRs for the workplace.  

An HSR is elected by a work group (e.g. all workers in the office part of a manufacturing complex, or all people on the night shift) to represent the health and safety interests of the work group. An HSR must be a member of the work group they represent). There can be as many HSRs and deputy HSRs as needed after consultation, negotiation and agreement between workers and the PCBU.  

Your employer must keep a current list of all HSRs and deputy HSRs for the workplace and display a copy. A list must also be provided to the WHS regulator. 

Right to stop work

In some circumstances, workers, or their HSRs have the right to refuse to carry out or stop unsafe work. They have this right 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. This could include exposure to the COVID-19 virus.   

If you stop work because it is unsafe, you need to tell your employer as soon as possible. You must also then be available to carry out suitable alternative work, including doing other tasks that you are trained or able to do, or performing your work from another location, such as working from home. 

In most circumstances, your HSR will need to consult with your employer before they direct you to, and you can, stop work.  

Right not to be discriminated against

You should raise any concerns you have about work health and safety (WHS) in your workplace with your employer – including in relation to the COVID-19 virus. Your employer can not discriminate against or disadvantage you for raising work health and safety concerns in the workplace.  

Your employer also cannot discriminate against or disadvantage HSRs in the workplace for performing their HSR role.  

Who can help?

If you feel you have been discriminated against for raising a WHS issue, or because of your role as an HSR, please contact your WHS regulator or the Fair Work Ombudsman on 13 13 94. 

If you are a member of a trade union or employee association, they may also be able to help you.

If you feel you have been discriminated against on other grounds, you may prefer to raise your concerns with the Australian Human Rights Commission on 1300 656 419 or your relevant state or territory anti-discrimination body. 

Workers' rights

Workers are entitled to: 

  • elect a health and safety representative (HSR) if they wish to be represented by one 
  • request the formation of a health and safety committee 
  • cease unsafe work in certain circumstances 
  • have health and safety issues at the workplace resolved in accordance with an agreed issue resolution procedure, and 
  • not be discriminated against for raising health and safety issues. 

Health and safety representatives (HSR) 

Your workers can ask you to facilitate the election of one or more HSRs for the workplace.  

An HSR is elected by a work group (e.g. all workers in the office part of a manufacturing complex, or all people on the night shift) to represent the health and safety interests of the work group. An HSR must be a member of the work group they represent. There can be as many HSRs and deputy HSRs as needed after consultation, negotiation and agreement between you and the workers.  

You must keep a current list of all HSRs and deputy HSRs for the workplace and display a copy. A list must also be provided to the WHS regulator. 

Workers’ right to stop work

In some circumstances, workers, or their HSRs have the right to refuse to carry out or stop unsafe work. They have this right 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. This could include exposure to the COVID-19 virus.   

In most circumstances, the HSR will need to consult with you before they direct workers to stop work.  

If a worker stops work because it is unsafe, they need to tell you as soon as possible. The worker must then be available to carry out suitable alternative work, including doing other tasks that they are trained or able to do, or performing their work from another location, such as working from home. 

Discrimination

You cannot discriminate against or disadvantage workers for raising work health and safety concerns in the workplace.  

You also cannot discriminate against or disadvantage HSRs in the workplace for performing their HSR role.  

You should encourage your workers to raise any concerns they have about work health and safety in your workplace, including in relation to the COVID-19 virus.

Workers' rights

Workers are entitled to: 

  • elect a health and safety representative (HSR) if they wish to be represented by one 
  • request the formation of a health and safety committee 
  • cease unsafe work in certain circumstances 
  • have health and safety issues at the workplace resolved in accordance with an agreed issue resolution procedure, and 
  • not be discriminated against for raising health and safety issues. 

Health and safety representatives (HSR) 

Your workers can ask you to facilitate the election of one or more HSRs for the workplace.  

An HSR is elected by a work group (e.g. all workers in the office part of a manufacturing complex, or all people on the night shift) to represent the health and safety interests of the work group. An HSR must be a member of the work group they represent. There can be as many HSRs and deputy HSRs as needed after consultation, negotiation and agreement between you and the workers.  

You must keep a current list of all HSRs and deputy HSRs for the workplace and display a copy. A list must also be provided to the WHS regulator. 

Workers’ right to stop work

In some circumstances, workers, or their HSRs have the right to refuse to carry out or stop unsafe work. They have this right 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. This could include exposure to the COVID-19 virus.   

In most circumstances, the HSR will need to consult with you before they direct workers to stop work.  

If a worker stops work because it is unsafe, they need to tell you as soon as possible. The worker must then be available to carry out suitable alternative work, including doing other tasks that they are trained or able to do, or performing their work from another location, such as working from home. 

Discrimination

You cannot discriminate against or disadvantage workers for raising work health and safety concerns in the workplace.  

You also cannot discriminate against or disadvantage HSRs in the workplace for performing their HSR role.  

You should encourage your workers to raise any concerns they have about work health and safety in your workplace, including in relation to the COVID-19 virus.

Working from home

Under the model WHS laws, each employer has a duty of care for the health and safety of their workers and others at the workplace. This duty extends to identifying and managing the risks of exposure to COVID-19 and putting appropriate controls in place in every workplace where the employer engages workers to carry out work or directs or influences workers in carrying out work. 

If work can be completed at home, and the risks that arise from working remotely can be effectively managed, encouraging or directing workers to work from home may be the best way to minimise the risk of exposure to COVID-19. 

Whether working from home is reasonably practicable will depend on the specifics of the workplace, the facilities available for workers to work remotely and the ability for workers to do their work safely from home. It will also depend on the level of risk from COVID-19 in your community and how effectively you can manage the risks from COVID-19 in your workplace through other control measures (e.g. through physical distancing).

In deciding whether working from home is appropriate for your workers, in consultation with workers and their representatives, you should consider:

  • the level of risk from COVID-19 in your workplace including the effectiveness of other control measures
  • the individual worker's role
  • whether the worker is in a vulnerable person category for contracting the virus (see our information on vulnerable workers)
  • suitability of work activities
  • workflows and expectations
  • workstation set up
  • surrounding environment such as ventilation, lighting and noise
  • home environment, such as partners, children, vulnerable persons and pets
  • communication requirement such as frequency and type
  • mental health and wellbeing of the worker
  • safe working procedures and training requirements, and
  • potential risk of infection on journeys to and from the workplace.

Any existing workplace policies on working from home would apply to arrangements implemented as part of the COVID-19 response. You may need to vary your policies to reflect the broader requirements of the COVID-19 situation such as the ability to work from home while also caring for children. As with all work health and safety matters, you must consult with your workers and any elected Health and Safety Representatives (HSRs) on working from home arrangements. 

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 COVID-19. Any concerns about health or safety should first be raised with you or the HSR. A worker may also contact a union 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. See also our information on workers’ rights and the Fair Work Ombudsman Coronavirus and Australian Workplace Laws webpage. 

What must I do when workers are working from home?

The model WHS laws still apply if workers work somewhere other than their usual workplace, for example, from home. You have duties to ensure the health and safety of your workers, even if they are working from home.

What you can do to minimise risks at a worker's home may be different to what you can do at the usual workplace. However, in consultation with workers and their representatives, you should:

  • provide guidance on what is a safe home office environment, including what a good workstation set up looks like, why workers should not be sedentary all day and how to avoid this
  • allow workers to borrow any necessary work station equipment from the office to take to the home as agreed 
  • require workers to familiarise themselves and comply with good ergonomic practices, consistent with any workplace policies and procedures, for example requiring workers to complete a workstation self-assessment checklist and provide their responses to you 
  • maintain regular communication with workers 
  • provide access to information and support for mental health and wellbeing services. Beyondblue has a freely available website or you may have an existing employee assistance program (EAP) you can promote, and
  • appoint a contact person in the business who workers can talk to about any concerns related to working from home.

You must also think about, and consult your workers, on how your existing policies and procedures apply when working from home, including:

  • notification of incidents, injuries, hazards and changes in circumstances
  • consultation and review of work health and safety processes, and
  • attendance, timesheets, leave and other entitlements and arrangements.

If necessary, employers may consult workers for an inspection of the worker’s home work environment to ensure it meets health and safety requirements. This can be achieved through virtual means such as photos or video to avoid the need for a physical inspection. In many cases, given the types of risks associated with the activities to be undertaken, an inspection will not be required. Depending on the complexity of the potential risks involved, you may need to engage the services of a health and safety professional to assess the risks to a worker working from home.

What are the WHS risks of working from home?

Working from home may change, increase or create work health or safety risks. You must consult with workers before you implement control measures to address these risks. It is also important to review and monitor whatever arrangements are put in place to ensure that these arrangements do not create any additional risks. 

Some key considerations that may affect the WHS risks of workers working from home or remotely include:

  • communication frequency and type between the employer and worker
  • management of the work program, workload, activities and working hours
  • surrounding work environment
  • workstation set up, such as desk, chair, monitors, keyboard, mouse and computer
  • work practices and physical activity
  • pre-existing injuries the worker may have
  • mental health and wellbeing of the worker, and
  • other responsibilities the worker may have such as facilitating online learning for children or a caring role.

You must do what you reasonably can to manage the risks to a worker who works from home.

However, workers also have health and safety obligations to minimise risks when working from home including:

  • following procedures about how work is performed
  • using equipment provided by the workplace as per the instructions given and is not damaged or misused 
  • maintaining a safe work environment, such as designated work area, moving furniture to ensure comfortable access, providing adequate lighting and ventilation, repairing any uneven surfaces or removing trip hazards
  • managing their own in-house safety, such as maintaining electrical equipment and installing and maintaining smoke alarms
  • notifying the employer about risks or potential risks and hazards, and
  • reporting any changes that may affect their health and safety when working from home.

Mental health risks and working from home

The COVID-19 pandemic is a stressful and uncertain time for all Australians. Working from home, particularly for the first time, can create additional risks to mental health.

The WHS duties apply to both physical health and mental health. This means that employers must, so far as is reasonably practicable, ensure the mental health of their workers and protect their workers from psychosocial risks while they are at work. 

Working from home can have psychosocial risks that are different to the risks in an office or your regular workplace. A psychosocial hazard is anything in the design or management of work that causes stress. Stress in itself is not an injury, but if prolonged or severe it can cause both psychological and physical injuries. Some psychosocial hazards that may impact a worker’s mental health while working from home include:

  • being isolated from managers, colleagues and support networks
  • less support, for example workers may feel they don’t have the normal support they receive from their supervisor or manager
  • changes to work demand, for example the impacts of the COVID-19 pandemic and a move to working at home may create higher workloads for some workers and reduced workloads for others
  • low job control
  • not having clear boundaries between home-life and work-life
  • fatigue
  • poor environmental conditions, for example an ergonomically unsound work station or high noise levels, and
  • poor organisational change management, for example workers may feel they haven’t been consulted about the changes to their work.

Working from home may also impact a worker’s mental health in other ways, such as from changed family demands. For example, home schooling school-aged children who are learning from home, relationship strain or family and domestic violence.

Looking after the mental health of workers at home

You must eliminate or minimise psychosocial risks arising from work as far as is reasonably practicable, including when your workers are working from home.

You must consult with workers and any HSRs on psychosocial hazards they may face and how to manage them. Workers often know what the issues are and have ideas about how to manage them. You must also review how you’re managing the risks to check your policies and processes are effective. 

Good communication with your workers is especially important when they are working from home. It is important that you have regular and clear communication with your workers to set realistic and clear instructions on workloads, roles and tasks, to monitor work levels and to check that work can be successfully completed from home without creating any additional safety risks. Adjust any work tasks and ways of working as appropriate. 

Steps you must take to manage risks to your workers’ mental health where reasonably practicable include:

  • maintaining regular communication with your workers and encouraging workers to stay in contact with each other
  • making sure workers are effectively disengaging from their work and logging off at the end of the day
  • eliminating or minimising physical risks
  • providing workers with a point of contact to discuss their concerns and to find workplace information in a central place including HSRs
  • providing information about mental health and other support services available to your workers (Beyondblue has set up a freely available mental health support website or you may have an existing employee assistance programs you can refer workers to).
  • staying informed with information from official sources and sharing relevant information with your workers and HSRs as it becomes available
  • offering your workers flexibility, such as with their work hours, where possible
  • responding appropriately to signs a worker may be struggling, e.g. changed behaviour, and
  • informing workers about their entitlements if they become unfit for work or have caring responsibilities.

For further information the Infographic: Four steps to preventing psychological injury at work shows how the risk management process can be applied to psychosocial risks. 

Detailed guidance is available in Safe Work Australia Guide: Work-related psychological health and safety: A systematic approach to meeting your duties.

Who is responsible for ensuring that my workers have a safe workstation set up to work from home?

Under the model WHS laws, you have a duty of care for the health and safety of your workers and others at the workplace. This includes where your worker is working from home. You must consult with workers and take all reasonable steps to ensure their workstations are correctly setup to reduce potential musculoskeletal injuries.

Workers also have a duty to take care for their own health and safety, which includes while working from home, and must follow any reasonable policies or directions their employer gives them. 

You and you workers share responsibility for ensuring a safe workstation set up. 

To ensure your workers’ workstation set up is safe, you should:

  • provide guidance on what is a safe home office environment, including setting up an ergonomic workstation, why workers should not be sedentary all day, and how to avoid this
  • require workers to familiarise themselves and comply with good ergonomic practices, for example by requiring workers to complete a workstation self-assessment checklist and provide their responses to you
  • provide a health and safety checklist for working from home for workers to use, for example checking for trip hazards in the work space
  • consider organising a workstation assessment by a competent person where practicable, allow workers to borrow equipment, such as chairs, monitors, keyboards and mouses, from the office or reimburse them reasonable costs for purchasing any required equipment, and
  • have ongoing discussion with your workers regarding their workstation set up.

Workers must follow reasonable policies or directions set by you. This may include completing workstation checklists and following any other reasonable safety policies and directions you give them. As with any other work environment, workers must inform you of any work-related incidents or injuries that occur while working at home and are encouraged to report health and safety concerns to you and their HSR.

What do I need to do about home workstation set ups?

You must eliminate or minimise risks to the health and safety of your workers, so far as is reasonably practicable. While you have less control over a worker’s home, you must still consult with workers and HSRs and take steps to reduce work health and safety risks of workstations as much as possible (with available and suitable solutions)

To minimise the risk of a worker sustaining a musculoskeletal injury while working from home, you could:

  • organise a virtual workstation assessment
  • have ongoing discussion with your workers about their workstation setup
  • provide a health and safety check list when working from home for your workers to use
  • provide a workstation self-assessment checklist and health and safety check list for your workers to follow
  • provide your workers with information on setting up an ergonomic workstation, and
  • allow workers to borrow equipment, such as chairs, monitors, keyboards and mouses, from the office or reimburse them reasonable costs for purchasing any required equipment, and
  • monitor to ensure the workstation set up is not creating additional risks and the need for any additional equipment.

In undertaking safety checks you should ensure workers have access to first aid based on an assessment of their duties and home work environment.

Further resources:

Am I required to provide my workers with equipment to enable them to work safely from home?

You must identify and manage any risks to workers working from home. Undertaking a risk assessment will assist you to determine what is reasonably required to keep workers safe. It may not be reasonably practicable to conduct a physical inspection of your workers’ home, but there are other ways you can assess the risks, including by requiring workers to complete a workstation and health and safety checklist that you may discuss with them.

You may determine that it is practicable to allow workers to borrow equipment from the office or reimburse reasonable costs. You and your workers must discuss what equipment may be required for the worker to safely carry out their work as early as possible during the workstation set up and continue to monitor their ongoing equipment needs throughout the time they are working from home.

If you are not satisfied that a safe workstation can be created, it may not be reasonably practicable for the worker to work from home. 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 and flexible work hours to minimise contact between workers. 

What are my obligations to my workers to ensure that they have suitable breaks and work reasonable hours while working from home?

You must ensure workers continue to access their workplace entitlements, including breaks, standard hours and any agreed to flexible work arrangements. You should consider whether any existing workplace policies and procedures need to be revisited in light of the COVID pandemic and increased working from home arrangements.

Information on workers’ entitlements, including breaks, standard hours and flexible work arrangements, is available on the Fair Work Ombudsman website.

I have workers working from home who are also caring for, and educating, their school aged children who are unable to attend school. What are my obligations towards these workers? 

Good communication between you and your workers is especially important when workers are working from home. You should ensure your workers are aware of any working from home and carer policies that apply to your workplace. Workers may also wish to discuss their entitlements to carers leave and other relevant forms of leave. Further information on leave entitlements is available on the Fair Work Ombudsman website

Workers may wish to share tips on balancing work and caring responsibilities with others. Tool box discussions and team meetings can be a great place to share this information in a friendly environment. This might include tips on how workers have managed to balance their caring arrangements with their partner, where available. 

How can I support my workers who are finding working from home stressful and it is negatively impacting their mental health? 

You must eliminate or minimise psychosocial risks arising from work as far as is reasonably practicable, including when your workers are working from home.  

Good communication with your workers is especially important when they are working from home. You must consult with workers and HSRs on psychosocial hazards they may face and how to manage them. Workers often know what the issues are and have ideas about how to manage them. You must also review how you’re managing the risks to check your policies and processes are effective. 

There are a range of resources available to workers to support their mental health. These include:

There are also a number of practical steps that can help. These include:

  • ensuring workers have the contact details for the relevant Employee Assistance Program
  • maintaining regular communication 
  • supporting flexible work arrangements, where available, and
  • ensuring workers effectively disengage from work and log off at the end of the day.

You can also call the National Coronavirus Helpline for information and advice about COVID-19 on 1800 020 080.

One of my workers has contracted COVID-19 while working from home. 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 public health authority. 

You should discuss leave arrangements with your worker and determine if the worker has had contact with any other workers while they were infectious.

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 circumstances of the workplace and states and territories may manage clearance from isolation differently. Clearance may be by the public health authority or the person's treating clinician.  

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 helpline for further advice.   

When should workers return to the workplace? 

Before workers return to their usual workplace you must ensure your proposed arrangements are consistent with the latest advice from public health authorities. You will also need to undertake a risk assessment and consult with workers and HSRs before workers return to the usual workplace. 

This risk assessment will need to include consideration of current Commonwealth, state and territory government advice on physical distancing and whether your workplace can support all your workers returning at the same time while meeting those requirements. You may consider options for staging a return to the workplace, to ensure that physical distancing requirements are met in accordance with Government advice. 

As part of your risk assessment you must consider vulnerable workers and ensure that they are not put at risk by a direction to return to the workplace. Pending your risk assessment, it may be that vulnerable workers should remain in a working from home arrangement for a longer duration that those workers who are not vulnerable. 

For more information, go to the Transitioning back to usual workplaces page.

Can I direct my workers back to the usual workplace?

Whether or not you can reasonably direct workers back to the workplace will depend on a number of factors, including public health requirements and the individual circumstances of the worker working from home.

Workers must follow any reasonable policies or directions you put in place in response to COVID-19. You must consult with workers and HSRs prior to decisions being made to return to the workplace. You must also ensure return to work arrangements adhere to relevant Commonwealth, state or territory government advice (e.g. physical distancing requirements). 

Where circumstances change, for example it is no longer safe for a worker to continue working from home due to a change in the worker’s home situation or the ability of the worker to continue working from home effectively, the worker may after appropriate consultation be directed to return to the workplace. 

Before requiring workers to recommence work at their usual workplace you must, in consultation with workers and HSRs, have a plan to ensure the safe return to work for all workers.

Where can employers get more information on working from home?

Comcare

New South Wales

Queensland

Victoria

Australian Capital Territory

Northern Territory

Western Australia

Family Violence Resources (not COVID-19 specific)

Working from home

Depending on the nature of the work involved in your industry, you may only have a limited number of workers, if any, who are able to work from home. However, this advice has been included for your industry as there may be some workers who could undertake their work from home.

Are workers entitled to work from home during the COVID-19 pandemic?

The information below outlines measures which cover all aspects of services offered by the industry – depending on what is permissible in your jurisdiction, some sections may not be currently relevant to your business. You should check any relevant advice from your state or territory regarding working from home in response to COVID-19. 

Whether working from home is reasonably practicable will depend on the specifics of the workplace, the facilities available for workers to work remotely and the ability for workers to do their work safely from home. It will also depend on the level of risk from COVID-19 in your community and how effectively you can manage the risks from COVID-19 in your workplace through other control measures (e.g. through physical distancing).

Whether working from home is reasonably practicable will depend on the specifics of the workplace, the facilities available for workers to work remotely and the ability for workers to do their work safely from home. As a small business employer, it may be more challenging for you to accommodate working from home arrangements for your workers. However, there are practical steps you can take to ensure you meet your WHS duties and the government’s directions in response to COVID-19, consistent with the general WHS advice for small business. In deciding whether working from home is appropriate for your workers, in consultation with workers and their representatives (e.g. a Health and Safety Representative - HSR), you should consider:

  • the level of risk from COVID-19 in your workplace including the effectiveness of other control measures
  • the individual worker's role
  • whether the worker is in a vulnerable person category for contracting the virus (see our information on vulnerable workers)
  • suitability of work activities
  • workflows and expectations
  • workstation set up
  • surrounding environment such as ventilation, lighting and noise
  • home environment, such as partners, children, vulnerable persons and pets
  • communication requirement such as frequency and type
  • mental health and wellbeing of the worker
  • safe working procedures and training requirements, and
  • potential risk of infection on journeys to and from the workplace.

Under the model WHS laws, each employer has a duty of care for the health and safety of their workers and others at the workplace. This duty extends to identifying and managing the risks of exposure to COVID-19 and putting appropriate controls in place in every workplace where the employer engages workers to carry out work or directs or influences workers in carrying out work. 

If work can be completed at home, and the risks that arise from working remotely can be effectively managed, encouraging or directing workers to work from home may be an effective way to minimise the risk of exposure to COVID-19. 

Any existing workplace policies and/or practices on working from home would apply to arrangements implemented as part of the COVID-19 response. You may need to vary your policies and/or practices to reflect the broader requirements of the COVID-19 situation such as the ability to work from home while also caring for children. As with all work health and safety matters, you must consult with your workers and their representatives on working from home arrangements. 

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 COVID-19. Any concerns about health or safety should first be raised with you or the worker’s representative. A worker may also contact a union 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. See also our information on workers’ rights and the Fair Work Ombudsman Coronavirus and Australian Workplace Laws webpage.

What must I do when workers are working from home?

The model WHS laws still apply if workers work somewhere other than their usual workplace, for example, from home. You have duties to ensure the health and safety of your workers, even if they are working from home.

What you can do to minimise risks at a worker's home may be different to what you can do at the usual workplace. However, in consultation with workers and their representatives, you should:

  • provide guidance on what is a safe home office environment, including what a good workstation set up looks like, why workers should not be sedentary all day and how to avoid this 
  • allow workers to borrow any necessary work station equipment from the office to take to their home as agreed 
  • require workers to familiarise themselves and comply with good ergonomic practices, consistent with any workplace policies and/or practices, for example requiring workers to complete a workstation self-assessment checklist and provide their responses to you 
  • maintain regular communication with workers 
  • provide access to information and support for mental health and wellbeing services. Beyondblue has a freely available website or you may have an existing employee assistance program (EAP) you can promote, and
  • appoint a contact person in the business who workers can talk to about any concerns related to working from home.

You must also think about, and consult your workers, on how your existing policies and/or practices apply when working from home, including:

  • notification of incidents, injuries, hazards and changes in circumstances
  • consultation and review of work health and safety processes, and
  • attendance, timesheets, leave and other entitlements and arrangements.

If necessary, employers may consult workers for an inspection of the worker’s home work environment to ensure it meets health and safety requirements. This can be achieved through virtual means such as photos or video to avoid the need for a physical inspection. In many cases, given the types of risks associated with the activities to be undertaken, an inspection will not be required. Depending on the complexity of the potential risks involved, you may need to engage the services of a health and safety professional to assess the risks to a worker working from home. 

What are the WHS risks of working from home?

Working from home may change, increase or create work health or safety risks. You must consult with workers before you implement control measures to address these risks. It is also important to review and monitor whatever arrangements are put in place to ensure that these arrangements do not create any additional risks. 

Some key considerations that may affect the WHS risks of workers working from home or remotely include:

  • communication frequency and type between the employer and worker
  • management of the work program, workload, activities and working hours
  • surrounding work environment
  • workstation set up, such as desk, chair, monitors, keyboard, mouse and computer
  • work practices and physical activity
  • pre-existing injuries the worker may have
  • mental health and wellbeing of the worker, and
  • other responsibilities the worker may have such as facilitating online learning for children or a caring role.

You must do what you reasonably can to manage the risks to a worker who works from home.

However, workers also have health and safety obligations to minimise risks when working from home including:

  • following procedures about how work is performed
  • using equipment provided by the workplace as per the instructions given and ensuring it is not damaged or misused 
  • maintaining a safe work environment, such as designated work area, moving furniture to ensure comfortable access, providing adequate lighting and ventilation, repairing any uneven surfaces or removing trip hazards
  • managing their own in-house safety, such as maintaining electrical equipment and installing and maintaining smoke alarms
  • notifying the employer about risks or potential risks and hazards, and
  • reporting any changes that may affect their health and safety when working from home.

Mental health risks and working from home

The COVID-19 pandemic is a stressful and uncertain time for all Australians. Working from home, particularly for the first time, can create additional risks to mental health.

The WHS duties apply to both physical and psychological (mental) health. This means that employers must, so far as is reasonably practicable, ensure the mental health of their workers and protect their workers from psychosocial risks while they are at work. 

Working from home can have psychosocial risks that are different to the risks in an office or your regular workplace. A psychosocial hazard is anything in the design or management of work that causes stress. Stress in itself is not an injury, but if prolonged or severe it can cause both psychological and physical injuries. Some psychosocial hazards that may impact a worker’s mental health while working from home include:

  • being isolated from managers, colleagues and support networks
  • less support, for example workers may feel they don’t have the normal support they receive from their supervisor or manager
  • changes to work demand, for example the impacts of the COVID-19 pandemic and a move to working at home may create higher workloads for some workers and reduced workloads for others
  • low job control
  • not having clear boundaries between home-life and work-life
  • fatigue
  • poor environmental conditions, for example an ergonomically unsound work station or high noise levels, and
  • poor organisational change management, for example workers may feel they haven’t been consulted about the changes to their work.

Working from home may also impact a worker’s mental health in other ways, such as from changed family demands. For example, home schooling school-aged children who are learning from home, relationship strain or family and domestic violence.

Looking after the mental health of workers at home

You must eliminate or minimise psychosocial risks arising from work as far as is reasonably practicable, including when your workers are working from home.

You must consult with workers and their representatives on psychosocial hazards they may face and how to manage them. Workers often know what the issues are and have ideas about how to manage them. You must also review how you’re managing the risks to check your policies and/or processes are effective. 

Good communication with your workers is especially important when they are working from home. It is important that you have regular and clear communication with your workers to set realistic and clear instructions on workloads, roles and tasks, to monitor work levels and to check that work can be successfully completed from home without creating any additional safety risks. Adjust any work tasks and ways of working as appropriate. 

Steps you must take to manage risks to your workers’ mental health where reasonably practicable include:

  • maintaining regular communication with your workers and encouraging workers to stay in contact with each other
  • making sure workers are effectively disengaging from their work and logging off at the end of the day
  • eliminating or minimising physical risks
  • providing workers with a point of contact to discuss their concerns and to find workplace information in a central place including any HSRs.
  • providing information about mental health and other support services available to your workers (Beyondblue has set up a freely available mental health support website or you may have an existing employee assistance programs you can refer workers to).
  • staying informed with information from official sources and sharing relevant information with your workers and their representatives as it becomes available
  • offering your workers flexibility, such as with their work hours, where possible
  • responding appropriately to signs a worker may be struggling, e.g. changed behaviour
  • informing workers about their entitlements if they become unfit for work or have caring responsibilities

For further information the Infographic: Four steps to preventing psychological injury at work shows how the risk management process can be applied to psychosocial risks. 

Detailed guidance is available in Safe Work Australia Guide: Work-related psychological health and safety: A systematic approach to meeting your duties.

Who is responsible for ensuring that my workers have a safe workstation set up to work from home?

Under the model WHS laws, you have a duty of care for the health and safety of your workers and others at the workplace. This includes where your worker is working from home. You must consult with workers and take all reasonable steps to ensure their workstations are correctly setup to reduce potential musculoskeletal injuries.

Workers also have a duty to take care for their own health and safety, which includes while working from home, and must follow any reasonable policies or directions their employer gives them. 

You and you workers share responsibility for ensuring a safe workstation set up. 

To ensure your workers’ workstation set up is safe, you should:

  • provide guidance on what is a safe home office environment, including setting up an ergonomic workstation, why workers should not be sedentary all day, and how to avoid this
  • require workers to familiarise themselves and comply with good ergonomic practices, for example by requiring workers to complete a workstation self-assessment checklist and provide their responses to you
  • provide a health and safety checklist for working from home for workers to use, for example checking for trip hazards in the work space
  • consider organising a workstation assessment by a competent person where practicable, allow workers to borrow equipment, such as chairs, monitors, keyboards and mouses, from the office or reimburse them reasonable costs for purchasing any required equipment, and
  • have ongoing discussion with your workers regarding their workstation set up.

Workers must follow reasonable policies or directions set by you. This may include completing workstation checklists and following any other reasonable safety policies and directions you give them. As with any other work environment, workers must inform you of any work-related incidents or injuries that occur while working at home and are encouraged to report health and safety concerns to you and their HSR.

What do I need to do about home workstation set ups?

You must eliminate or minimise risks to the health and safety of your workers, so far as is reasonably practicable. While you have less control over a worker’s home, you must still consult with workers and their representatives and take steps to reduce work health and safety risks of workstations as much as possible (with available and suitable solutions).

To minimise the risk of a worker sustaining a musculoskeletal injury while working from home, you could:

  • organise a virtual workstation assessment by asking the worker to send a photo or video of their workstation set up to you
  • have ongoing discussion with your workers about their workstation set up
  • provide a health and safety check list when working from home for your workers to use
  • provide a workstation self-assessment checklist and health and safety check list for your workers to follow
  • provide your workers with information on setting up an ergonomic workstation, and
  • allow workers to borrow equipment, such as chairs, monitors, keyboards and mouses, from the office or reimburse them reasonable costs for purchasing any required equipment, and
  • monitor to ensure the workstation set up is not creating additional risks and the need for any additional equipment.

In undertaking safety checks you should ensure workers have access to first aid based on an assessment of their duties and home work environment.
 
Further resources:

Am I required to provide my workers with equipment to enable them to work safely from home? 

You must identify and manage any risks to workers working from home. Undertaking a risk assessment will assist you to determine what is reasonably required to keep workers safe. It may not be reasonably practicable to conduct a physical inspection of your worker’s home, but there are other ways you can assess the risks, including by requiring workers to complete a workstation and health and safety checklist that you may discuss with them.

You may determine that it is practicable to allow workers to borrow equipment from the office or reimburse reasonable costs. You and your workers must discuss what equipment may be required for the worker to safely carry out their work as early as possible during the workstation set up and continue to monitor their ongoing equipment needs throughout the time they are working from home.

If you are not satisfied that a safe workstation can be created, it may not be reasonably practicable for the worker to work from home. 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 and flexible work hours to minimise contact between workers. 

What are my obligations to my workers to ensure that they have suitable breaks and work reasonable hours while working from home?

You must ensure workers continue to access their workplace entitlements, including breaks, standard hours and any agreed to flexible work arrangements. You should consider whether any existing workplace policies and/or practices need to be revisited in light of the COVID pandemic and increased working from home arrangements.

Information on workers’ entitlements, including breaks, standard hours and flexible work arrangements, is available on the Fair Work Ombudsman website

I have workers working from home who are also caring for, and educating, their school aged children who are unable to attend school. What are my obligations towards these workers? 

Good communication between you and your workers is especially important when workers are working from home. You should ensure your workers are aware of any working from home and carer policies and/or practices that apply to your workplace. Workers may also wish to discuss their entitlements to carers leave and other relevant forms of leave. Further information on leave entitlements is available on the Fair Work Ombudsman website

Workers may wish to share tips on balancing work and caring responsibilities with others. Tool box discussions and team meetings can be a great place to share this information in a friendly environment. This might include tips on how workers have managed to balance their caring arrangements with their partner, where available. 

How can I support my workers who are finding working from home stressful and it is negatively impacting their mental health? 

You must eliminate or minimise psychosocial risk arising from work as far as is reasonably practicable, including when your workers are working from home. 

Good communication with your workers is especially important when they are working from home. You must consult with workers and their representatives on psychosocial hazards they may face and how to manage them. Workers often know what the issues are and have ideas about how to manage them. You must also review how you’re managing the risks to check your policies and/or processes are effective. 

There are a range of resources available to workers to support their mental health. These include:

There are also a number of practical steps that can help. These include:

  • ensuring workers have the contact details for the relevant Employee Assistance Program if you have one in place
  • maintaining regular communication 
  • supporting flexible work arrangements, where available, and
  • ensuring workers effectively disengage from work and log off at the end of the day.

You can also call the National Coronavirus Helpline for information and advice about COVID-19 on 1800 020 080.

One of my workers has contracted COVID-19 while working from home. 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 public health authority. 

You should discuss leave arrangements with your worker and determine if the worker has had contact with any other workers while they were infectious.

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 circumstances of the workplace and states and territories may manage clearance from isolation differently. Clearance may be by the public health authority or the persons treating clinician.  

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 helpline for further advice.   

When should workers return to the workplace? 

Before workers return to their usual workplace you must ensure your proposed arrangements are consistent with the latest advice from public health authorities. You will also need to undertake a risk assessment and consult with workers and their representatives before workers return to the usual workplace. 

This risk assessment will need to include consideration of current Commonwealth, state and territory government on physical distancing and whether your workplace can support all your workers returning at the same time while meeting those requirements. You may consider options for staging a return to the workplace, to ensure that physical distancing requirements are met in accordance with Government advice. 

As part of your risk assessment you must consider vulnerable workers and ensure that they are not put at risk by a direction to return to the workplace. Pending your risk assessment, it may be that vulnerable workers should remain in a working from home arrangement for a longer duration that those workers who are not vulnerable. 

For more information, go to the Transitioning back to usual workplaces page.

Can I direct my workers back to the usual workplace?

Whether or not you can reasonably direct workers back to the workplace will depend on a number of factors, including public health requirements and the individual circumstances of the worker working from home.

Workers must follow any reasonable policies or directions you put in place in response to COVID-19. You must consult with workers and their representatives prior to decisions being made to return to the workplace. You must also ensure return to work arrangements adhere to relevant Commonwealth, state or territory government advice (e.g. physical distancing requirements). 

Where circumstances change, for example it is no longer safe for a worker to continue working from home due to a change in the worker’s home situation or the ability of the worker to continue working from home effectively, the worker may after appropriate consultation be directed to return to the workplace. 

Before requiring workers to recommence work at their usual workplace you must, in consultation with workers and their representatives, have a plan to ensure the safe return to work for all workers.

Where can employers get more information on working from home?

Comcare

New South Wales

Queensland

Victoria

Australian Capital Territory

Northern Territory

Western Australia

Family Violence Resources (not COVID-19 specific)

Working from home

The nature of the work involved in your industry may impact your ability to access working from home arrangements, as well as how these arrangements are set up. If you are unsure how the information below applies to you, talk to your employer or contact your WHS regulator. 

The model WHS laws still apply if workers work somewhere other than their usual workplace, for example, from home.

To support you while working from home your employer, in consultation with you and your representatives should:

  • identify work health and safety risks and appropriate control measures
  • allow you to borrow any necessary work station equipment from the office to take to the home as agreed 
  • require you to familiarise yourself and comply with workplace policy and procedures, for example by having a workstation self-assessment checklist that includes how to set up your computer workstation. If you identify any issues or concerns when completing the checklist, you should discuss these with your employer
  • provide you with a health and safety checklist to use to ensure you have a safe work space
  • maintain regular communication with you and your co-workers 
  • provide access to information and support for mental health and wellbeing services (Beyondblue has a freely available website, or your employer may provide an employee assistance program (EAP) you can access), and
  • appoint a contact person in the business that you and your co-workers can talk to about any concerns related to working from home

Your employer must consult with you, other affected workers and any HSRs on working from home arrangements. 

You also have a duty as a worker to take care of your own health and safety and follow reasonable health and safety policies, procedures and instructions put in place by your employer. This may include:

  • following procedures about how the work is performed
  • following instructions on how to use the equipment provided by the workplace
  • maintaining a safe work environment (for example moving furniture to allow adequate workspace and providing adequate lighting, repairing broken steps)
  • keeping equipment safe, well maintained and in good order
  • looking after your own in-home safety (for example maintaining electrical equipment, keeping a first aid kit and installing and maintaining smoke alarms)

You must also advise your employer of any risks that you are aware of that arise from you home working environment. These risks could be physical risks, like poor lighting, or psychosocial risks, like long working hours, high work demands and reduced support from managers and colleagues. 

Any WHS issues raised with your employer must be resolved in accordance with the WHS issue resolution process in your workplace. Further information about consultation and dispute resolution can be found in the Model Code of Practice: WHS consultation, cooperation and coordination and the Worker Representation and Participation Guide.

Can I work from home during the COVID-19 pandemic?

You should check the latest advice from official sources in your state or territory regarding working from home in response to COVID-19.

Whether working from home is a reasonably practicable measure at your workplace will depend on the specifics of the work you do, the facilities available for you to work remotely and the ability for you to do your work effectively and safely from home. It will also depend on the level of risk from COVID-19 in your community and how effectively your employer can manage the risks from COVID-19 in your workplace through other control measures (for example through physical distancing).

Under the model WHS laws, your employer has a duty of care for the health and safety of workers and others at your workplace. This duty extends to identifying and managing the risks of exposure to the COVID-19 virus and putting appropriate controls in place.  

If work can be completed at home, and the risks that arise from working remotely can be effectively managed, your employer may determine that encouraging or directing you to work from home is the best way to minimise the risk of exposure to COVID-19. 

In assessing whether you should be working from home, your employer must take into account that vulnerable people are, or are likely to be, at higher risk of serious illness if they contract COVID-19. Vulnerable people include: 

  • Aboriginal and Torres Strait Islander people 50 years and older with one or more chronic medical conditions
  • people 65 years and older with chronic medical conditions. Conditions included in the definition of ‘chronic medical conditions’ will be refined as more evidence emerges. 
  • people 70 years and older, and
  • people with compromised immune systems.

As public health conditions change, any working from home arrangement your employer put in place in response to COVID-19 may also vary. 

As with all work health and safety matters, employers must consult with you and any elected HSRs in relation to returning to the normal workplace.  

Mental health risks and working from home

The COVID-19 pandemic is a stressful and uncertain time for all Australians. Working from home, particularly for the first time, can create additional psychosocial risks.

The WHS duties apply to both physical and psychological (mental) health. This means that employers must, so far as is reasonably practicable, ensure the mental health of their workers and protect their workers from psychosocial risks while they are at work. 

Working from home can have psychosocial risks that are different to the risks in an office or your regular workplace. A psychosocial hazard is anything in the design or management of work that causes stress. Stress in itself is not an injury, but if prolonged or severe it can cause both psychological and physical injuries. Some psychosocial hazards that may impact your mental health while working from home include:

  • being isolated from managers, colleagues and support networks
  • less support, for example workers may feel they don’t have the normal support they receive from their supervisor or manager
  • changes to work demand, for example the impacts of the COVID-19 pandemic and a move to working at home may create higher workloads for some workers and reduced workloads for others
  • low job control
  • fatigue
  • poor environmental conditions, for example an ergonomically unsound work station or high noise levels, and
  • poor organisational change management, for example workers may feel they haven’t been consulted about the changes to their work.

Working from home may also impact your mental health in other ways, such as from changed family demands. For example, home schooling children who are learning from home, relationship strain or family and domestic violence.

More information is available about managing mental health risks on the Safe Work Australia website.

How can I take care of my mental health while working from home?

The mental health of workers either directly or indirectly affected by COVID-19 is an important consideration. Some people may be struggling to deal with feelings of uncertainty, stress and anxiety, and others may be adjusting to self-isolation or working from home.

While self-isolation and working from home is an important measure that many workers and workplaces are taking to slow the spread of COVID-19, these measures can also lead to feelings of loneliness.

Workers have a duty to take reasonable care of their health and safety, including their psychological health and safety. Where possible, you must follow reasonable instructions from your employer on health and safety matters.

Some strategies that may help you to look after your mental health while working from home include:

  • keeping a routine, such as by having regular start and finish times and taking regular breaks
  • setting boundaries between your work and home life, for example setting aside a work area in part of your house, wearing ‘work clothes’ when you are working, discussing boundaries with the people you live with
  • taking care of your mental and physical health outside of work, such as by getting enough sleep, eating well, exercising regularly, staying connected to family and friends (in line with physical distancing requirements), spending time outside, reducing your alcohol intake
  • staying connected with your managers and co-workers, for example scheduling regular team meetings via phone, email or videoconferencing, and
  • identifying and minimising distractions in your home.

You should contact your employer if you start feeling stressed or that your mental health is being negatively impacted by your work from home arrangement. Your employer has a duty to ensure your psychological health just like your physical health while you are working so they need to be aware if something is stressing you or you have any concerns. 

Some organisations engage organisations to provide Employee Assistance Programs (EAP). If your organisation has an EAP it may be appropriate to contact them to discuss your situation. Your workplace EAP may be able to provide you with useful information and strategies to assist you. 

Further resources

Who is responsible for ensuring that I have a safe workstation set up when working from home?

Under the model WHS laws, employers have a duty of care for the health and safety of their workers and others at the workplace. This includes working from home arrangements.

Workers also have a duty to take care for their own health and safety, which includes while working from home, and must follow any reasonable policies or directions their employer gives them. 

This means employers and workers both share responsibility for ensuring a safe workstation set up. 

Employers should:

  • provide you with information on how to identify and address common risks associated with working from home. Information may include guidance on what is a safe home office environment, what a suitable computer station set up looks like with equipment available, and why keeping active when working from home is important for health and wellbeing
  • provide a workstation self-assessment checklist for you to complete, and
  • consider allowing you to borrow equipment, such as chairs, monitors, keyboards and mouses, from the office or reimburse them reasonable costs for purchasing any required equipment.

You must follow reasonable policies or directions of your employer. This may include completing workstation checklists and following any other reasonable safety policies and directions given to you by your employer. As with any other work environment, you must inform your employer of any work-related incidents or injuries that occur while working at home and you are encouraged to report health and safety concerns to your employer and HSR.

How do I set up a workstation at home?

When working from home, the model WHS laws still apply. Just as in the office, your workstation must be set up in a way that is safe, comfortable and easy to use. 

A workstation that is set up incorrectly can create poor postures leading to injury and eye strain. The length of time that you sit in these postures also adds to the risk for injury and health problems associated with long periods of sitting.

What you need to do to set up a safe workstation depends on the work you do, your environment and your individual needs. You have a duty to take care for your own health and safety while working from home and must follow any reasonable policies or directions your employer gives you about setting up your home-based workstation. You should also refer to any relevant advice from the WHS regulator in your state or territory.

If you have concerns about the safety of your home workstation set up, talk to your employer or your HSR. Your employer has a duty to manage any health and safety risks that arise out of your workstation set up, as far as is reasonably practicable.

You may find Safe Work Australia’s - How do I set up a workstation at home guide helpful. This resource includes a checklist of tasks and activities to consider when setting up your workstation.

Am I entitled to equipment to enable me to work safely from home? 

To make sure you have a safe workstation set-up, your employer may allow you to borrow equipment, such as chairs, monitors, keyboards and mouses, from the office or they may offer to reimburse you reasonable costs for purchasing any required equipment. 

You should discuss these options with your employer or consult your workplace policy about working from home. If you require equipment, you should discuss what equipment is needed with your employer to safely carry out your work. 

If your employer is unable to be satisfied that a safe workstation can be created at your home, it may not be reasonably practicable for you to work from home. In these circumstances, alternative arrangements may need to be made. This could include setting up a safe office space for you in the office and/or establishing flexible work hours to minimise contact between you and other workers in the office.

I am working from home and caring for, and educating, my school aged children who are unable to attend school. What can I do to ensure that I balance my work life, with my family life, and ensure that I take breaks and work reasonable hours? 

Good communication between employers and their workers is especially important when workers are working from home. You should ensure that you are aware of any working from home and carers policies that relate to your workplace including, for example, flexible work arrangements. You may also wish to discuss your entitlements to caring and other leave with your employer and flexibility in working hours where possible. Further information on leave entitlements is available on the Fair Work Ombudsman website

You may also find Comcare’s information sheet for parents and carers helpful.

I am finding working from home stressful and it is negatively impacting my mental health. What should I do and where can I find support?

Good communication with your employer and colleagues is especially important when you are working from home. You should share any concerns that you have about your working from home arrangement with your employer as they may be able to assist. 

Some organisations engage organisations to provide Employee Assistance Programs (EAP). If your organisation has an EAP it may be appropriate to contact them to discuss your situation. Your workplace EAP may be able to provide you with useful information and strategies to assist you. 

There are a range of resources available to workers to support workers' mental health. These include:

There are also a number of other practical steps that can help. These include:

  • maintaining daily communication with colleagues
  • staying informed with information from official sources and sharing relevant information with other workers 
  • accessing flexible work arrangements, where available, and
  • effectively disengaging from work and logging off at the end of the day.

It is also open to you to discuss with your employer whether it is an option for you to return to your usual workplace. 

You can also call the National Coronavirus Helpline for information and advice about COVID-19 on 1800 020 080.

I have contracted COVID-19 while working from home, what should I do? 

If you have been found to have COVID-19 you must follow the health advice provided by your treating clinician and public health authority. You should also notify your employer of your circumstances as soon as practicable, even if you have been working from home. 

You will need to discuss personal leave arrangements with your employer, if necessary, and may be asked to inform your employer if you have been in contact with any other workers while you were infectious.

You must not return to the workplace until you provide advice that you are fit for work. If you have COVID-19 but are asymptomatic whether you can continue to work from home will be something to discuss with your treating clinician. Your employer will likely require that you provide medical certification to return to work, in accordance with the latest health requirements.

If you have not been confirmed as having contracted COVID-19, and rather you have been in quarantine for the required 14 days (due to contact with a confirmed case, or returning from overseas travel), you should not need to provide evidence that you have tested negative for COVID-19 in order to return to work, following the 14 day quarantine. 

When can I return to the workplace?

When you will be allowed to return the workplace will depend on current Government advice, including about physical distancing requirements at workplaces, and advice from your employer about when it is safe to do so. Your employer may implement measures to ensure a safe transition back to the workplace. This may include measures to maintain appropriate physical distancing, in line with the latest Government advice. 

If your workplace is open to access by workers, and you are having difficulties adjusting to working from home, you should consult with your employer about whether you can undertake work from your workplace. Whether this option is available for your workplace will depend on the physical distancing requirements for your workplace, as well as your workplace’s policy for managing workers to work from home or the office during COVID-19.  

I like working from home, can I keep doing it?

Whether you will need to return to your usual place of work after a period of working from home will depend on a number of factors, including any working from home policies that apply.

As public health conditions change, working from home arrangements made by your employer in response to COVID-19 may change. 

Your employer must consult with you about returning to the workplace and ensure return to work arrangements are consistent with public health requirements. Your employer must also consider the risks to workers when they return to their usual workplace and, in consultation with you and your representatives, how to eliminate and control those risks.

Beyond work health and safety considerations there are a range of flexible working arrangements that employers and workers can explore together that may suit their individual needs and circumstances. More information is available about workplace rights and responsibilities in relation to the COVID-19 virus on the Fair Work Ombudsmen Coronavirus and Australian Workplace Laws webpage. 

Where can workers get more information on working from home?

Comcare

New South Wales

Queensland

Victoria

Australian Capital Territory

Northern Territory

Western Australia

Family Violence Resources (not COVID-19 specific)