- Published:
- Thursday, 29 April 2021 at 3:17 am
- Department:
- Victorian Government Solicitor's Office
On 28 July 2020, the Occupational Health and Safety (COVID-19 Incident Notification) Regulations 2020 were passed to require employers and self-employed persons to notify WorkSafe when they become aware of COVID-19 in their workplace.
The Regulations enhance the current notifiable incident obligations relating to workplaces by requiring employers or self-employed persons to notify WorkSafe when they become aware of an employee or an independent contractor engaged by the employer or any employee of the independent contractor who has received a confirmed COVID-19 diagnosis and has attended the workplace within the infectious period.
To avoid any doubt, 'infectious period' will be the date, being 14 days prior to the onset of symptoms consistent with COVID-19 or a confirmed COVID-19 diagnosis (whichever comes first), until the date on which the person receives a clearance from isolation from the Department of Health and Human Services.
It is an indictable offence to fail to comply with this notification obligation. A body corporate will face fines of up to 1200 penalty units and in the case of a natural person, 240 penalty unit. As at 1 July 2020, one penalty unit is $165.22.
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The VGSO Occupational Safety Team provides advice and conducts litigation in relation to all aspects of Victorian public sector occupational health and safety. In particular, the Occupational Safety Team can provide advice and training to Victorian public sector bodies on their rights and obligations.
The information is of a general nature only and does not convey or contain legal advice. If you would like to obtain legal advice in relation to any matter discussed on this page, please contact us.
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