Coronavirus: What Are Your WHS Duties for COVID-19?

Safe Work Australia (SWA) is reminding employers of their WHS duties pertaining to coronavirus, outlining a range of actions employers should be taking on its website. Meanwhile, Comcare has outlined the circumstances in which COVID-19 could be linked to employment under workers’ compensation laws.

The model Work Health and Safety laws require a person conducting a business or undertaking to ensure, so far as is reasonably practicable, the health and safety of their workers and others at the workplace. This includes providing and maintaining a work environment that is without risk to health and safety.

To comply with these laws, employers must identify hazards at the workplace and the associated risks, and do what is reasonably practicable to eliminate, or minimise, those risks.

SWA is, therefore, reminding all employers to that exposure to COVID-19 is a “potential hazard for workers and other people at workplaces”, and that PCBUs “must have measures in place to protect worker health and safety and manage these risks.”

“PCBUs need to keep up to date with the latest COVID-19 information and advice to ensure that any action taken is measured and appropriate. This includes closely monitoring the Australian Government Department of Health, the Smartraveller website and any advice from state or territory government agencies,” the website states.

Depending on the workplace, an appropriate range of actions may include:

• Closely monitoring official Government sources for current information and advice
• Reviewing and promoting your organisation’s policies and measures for infection control
• Ensuring workers are aware of the isolation/quarantine periods in accordance with advice from the Australian Government Department of Health.
• This includes information on when staff should not attend work
• Providing clear advice to workers about actions they should take if they become unwell or think they may have the symptoms of coronavirus, in accordance with advice from the Australian Government Department of Health and state or territory health department
• Eliminating or minimising international work travel, in line with the travel advice on the Australian Government’s Smartraveller website
• Providing regular updates to workers about the situation and any changes to organisational policies or procedures
• Contingency planning to manage staff absences
• Providing workers with information and links to relevant services should they require support.

Workers also have a duty to take reasonable care for their own health and safety and to not adversely affect the health and safety of others. Workers should also be reminded to always practice good hygiene and other measures to protect themselves and other against infection. This includes:

• Washing their hands often, with soap and water, or carrying hand sanitiser and using it as needed
• Covering their mouth when coughing or sneezing, but not using their hands to do so
• Seeing a health care professional if they start to feel unwell
• If unwell, avoiding contact with others (including shaking hands or other touching, such as hugging).

Meanwhile, Comcare’s coronavirus page is also urging employers to stay informed of updates, and says COVID-19 is likely to be considered under the disease provisions of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act). For a disease to be covered it must be contributed to, to a significant degree, by the employee’s employment (section 5B).

“For coverage to exist, a determining authority would need to be satisfied that the employment significantly contributed to the employee contracting the virus. For viruses, it can be difficult to accurately determine the exact time and place of contraction. As a result, it may be difficult to determine that employment significantly contributed to the virus.”

The page says that where an employee’s employment puts them at greater risk of contracting the virus the significant contribution test may be easier to meet. For example, if the employment involves:

• travel to an area with a known viral outbreak
• activities that include engagement or interaction with people who have contracted the virus
• activities that contravene Department of Health recommendations.

“Each claim would need to be considered on its individual merits, having regard to the individual circumstances and evidence in relation to the claim.”