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

Total supporting material in this pack: 159

Date of print/download 26 November 2024

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.

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.

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.

Vaccination

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.

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.

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.

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: