Work Health and Safety (WHS) Responsibilities of Businesses and Employers

With the Australian Government activating it’s Response Plan for the novel coronavirus (COVID-19) outbreak, Businesses and Employers need to be aware of their responsibilities under the Work Health and Safety Act 2011.

Businesses and Employers are required to ensure, so far as is reasonably practicable, the health and safety of workers and others at their workplaces. Businesses and Employers must identify hazards at the workplace and associated risks and act on them, by implementing reasonably practicable control measures to eliminate or minimise those risks.

Managing Risks

Exposure to COVID-19 may present a health and safety risk to workers and other persons at a workplace.

Identifying and controlling risks to workers, and other persons connected to the workplace, arising from exposure to COVID-19 may involve:

·       Closely monitoring official advice, such as updates from the Commonwealth Department of Health

·       Reviewing your organisation’s policies and measures for infection control, including educating workers on best practice

·       Advising workers to self-isolate for 14 days if they have travelled to certain overseas destinations or been in close contact with anyone confirmed to have the coronavirus. The Australian Government currently considers mainland China, South Korea, Iran and Italy to be at higher risk for COVID-19.

Workers also have a duty to take reasonable care for their own and others’ health and safety. This includes ensuring good hygiene practices, such as frequent hand washing, to protect against infections.

Workers’ Compensation

A virus (like 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.

However, 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.

Coverage while travelling overseas for work

The significant contribution test applies to both employees working overseas and those working within Australia. Each case will be assessed on its own facts.

Note: For locally engaged overseas employees (employees engaged overseas to perform duties overseas) different legislative considerations will apply.

ISOsafe’s commitment to clients during Coronavirus

With COVID-19 continuing to impact people and countries around the world, workplaces everywhere are moving to remote work.

At ISOsafe we’re encouraging our team to work from home as much as possible as are many others. And we expect this trend to continue across Australia.

Our top priority is the health and safety of employees, clients, partners, and communities.

ISOsafe have developed a Coronavirus (COVID-19) Action Plan which has been communicated to all stakeholders.

Do you need advice on how to manage COVID-19 in your workplace? Contact Us today on 1300 789 132

 We can prepare custom documents for your business, including:

·       Coronavirus Disease Policy

·       Infectious Disease Plan

·       Business Continuity Plan

·       Pandemic Plan

·       SWMS and Risk Assessment for Decontamination Tasks

·       Site Specific Decontamination Methodology

·       Clearance Criteria Development

·       Clearance Certification

·       COVID-19 Plan

·       COVID-19 Policy