NSW - Changes to reporting Covid-19 cases in the workplace

As of Friday 21 January 2022, businesses will only be expected to notify SafeWork NSW if a worker is hospitalised and/or dies as a result of contracting COVID-19 at work.

The changes refer to Clause 11 of the Public Health (COVID-19 Self Isolation) Order 2021, which states that “a person conducting a business or undertaking must notify SafeWork NSW if the person becomes aware that a worker of the business or undertaking is diagnosed with COVID-19.”

With an evolving health situation, this Clause is no longer fit for purpose.

As a result, on 20 January 2022 the Minister for Health issued an exemption to Clause 11. The exemption complements the revised SafeWork NSW Statement of regulatory intent: COVID-19, meaning businesses will no longer be expected to report a COVID-19 case in the workplace unless hospitalisation and/or fatality is involved.

The Statement notes that “SafeWork NSW will take into account the unprecedented pressures on industry and apply a common sense and practical approach to our interactions with workplaces.”

“SafeWork NSW will take a practical approach to enforcing the reporting requirements in relation to COVID-19. The agency does expect businesses to be diligent in reporting any hospitalisation (where treatment as an in-patient in a hospital is required), and any fatality, where the worker contracted COVID-19, or is likely to have contracted COVID-19, at the workplace.”

NSW businesses must keep monitoring the latest COVID-19 information and take all reasonable measures to manage the risk of exposure to COVID-19 for workers and others at their workplace in line with Public Health Orders.

Guidance for businesses with a worker who tests positive for COVID-19 can be found on the NSW Government website.