By Jay McGrath, Senior Account Manager

Yesterday, July 28, the Victorian government declared temporary Occupational Health and Safety (COVID-19 Incident Notification) Regulations 2020 (OHS COVID-19 Regulations).

These regulations create what we see as a sensible reporting requirement, however it comes with a significant penalty for non-compliance.

Under the previous regulations, employers were required to report a significant incident or injury, such as a significant laceration or fall.

However, until now, employers were previously not required to notify WorkSafe Victoria (WorkSafe) of an infectious disease in the workplace, unless immediate inpatient treatment was required or the disease is the cause (or suspected cause) of a death.

As a result of the current state of emergency and pandemic situation, timely notification of potential workplace transmission of COVID‑19 is critical for efficient and effective management of related health and safety risks, and WorkSafe will investigate of potential breaches of employer duties.

The OHS COVID-19 Regulations have extended the operation of Part 5 of the Occupational Health and Safety Act 2004 (OHS Act) to require duty holders to notify WorkSafe if:

• an employer becomes aware that an employee or independent contractor engaged by the employer, and any employees of the independent contractor, has received a confirmed diagnosis of COVID-19, and has attended the workplace within the infectious period (being 14 days prior to receiving the confirmed diagnosis of COVID-19 and until clearance from isolation has been received); or
• a self-employed person has received a confirmed diagnosis of COVID-19 and has attended the workplace within the infectious period (being 14 days prior to receiving the confirmed diagnosis of COVID-19 and until clearance from isolation has been received).

A penalty will apply for failing to notify WorkSafe under section 38 of the OHS Act – up to $39,652 (240 penalty units) for an individual or $198,264 (1200 penalty units) for a body corporate.

In essence, this means that in the event of an employer having a confirmed case of COVID-19, then they need to report to WorkSafe as a Serious Incident.

The Victorian government states that these OHS COVID-19 Regulations are temporary in nature and will expire 12 months from July 28, 2020.

WorkSafe will review the OHS COVID-19 Regulations during the 12-month period of operation.

We want to ensure that all of our Victorian-based clients are aware of this important change, and remind you that we are available to assist you during these unprecedented times and will provide guidance and support to assist you upon commencement of the proposed OHS COVID-19 Regulations.

Further information is available on the WorkSafe website.

If you have any questions, would like to discuss, or need some help, please feel free to contact Jay McGrath from Aegis RMS on jay.mcgrath@aegisrms.com.au or 0412 502691.

Disclaimer: This article provides general advice and should not be considered legal advice or an insurance consultation. You should seek appropriate counsel for your own situation. In addition, this post is directed at people in Australia. If you are outside Australia, please be aware that the circumstances in your own country may be different.