Government says move would further help limit COVID-19 spread
Victorian employers can now “collect, record, hold and use” COVID-19 status from specified persons in the workplace through the Occupational Health and Safety (OHS) Amendment (COVID-19 Vaccination Information) Regulations 2022, the WorkSafe Victoria announced.
HRD previously reported on the matter, but what do the new rules mean in terms of an employer’s obligations and duties now that they have taken effect?
The regulations, created after removing several vaccination requirements under the Pandemic Orders, began on 12 July 2022 and will continue to take effect until 12 July 2023, according to the government.
It further stated that “any COVID-19 vaccination information recorded or held under these regulations must be destroyed within 30 days of this date unless the information is otherwise required to be destroyed earlier or retained after this date.”
WorkSafe Victoria said that among the specified persons that employers could collect COVID-19 vaccination information includes “employees, independent contractors and their employees, volunteers and students on placement permitted to attend the workplace.”
Moreover, this new regulation, according to WorkSafe, is essential to businesses as it will enable employers to:
The government also reminded the employers that the regulations are “permissive only” and do not enforce any new responsibilities on employers beyond their current duties under the OHS Act and Regulations.
“Equally, employers must continue to observe their existing duties, including the duty to, so far as reasonably practicable, consult with employees in accordance with section 35 of the OHS Act when making decisions about the measures to be taken to control risks to health or safety,” WorkSafe said.
While the government will now allow employers to collect vaccination information, it reminded them that a worker’s vaccination status is “sensitive health information,” and corresponding legal obligations under other legislation may affect their powers under these new regulations.
“There are legal obligations under other legislation which an employer must consider when collecting, recording and holding COVID 19 vaccination information,” the government said. “Contravention of these obligations may attract civil and/or criminal liability.”
Recently, Pandemic Orders were made under the Public Health and Wellbeing Act of 2008 (PHW Act), which could impose obligations on employers in connection with their workers to curb the spread of COVID-19.
The government reminded employers that any pandemic order prevails over the said regulations to the point of inconsistency.
