WorkSafe Victoria COVID-19 reporting rules revoked

Regulations that previously required WorkSafe to be notified if an employee, contractor or a contractor's employee received a positive COVID-19 diagnosis and had attended the workplace within their infectious period have been removed.

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As the management of COVID-19 has shifted in Victoria, prompted by high vaccination rates and the recent Omicron outbreak, notification requirements are no longer considered a necessary measure to manage the health and safety risks of COVID-19 at work.

The Occupational Health and Safety (COVID-19 Incident Notification) Revocation Regulations 2022 came into effect on Friday 14 January.

This means employers and self-employed persons are no longer required to notify WorkSafe if they become aware of a confirmed COVID-19 diagnosis attending the workplace.

However, workplaces must continue to adhere to Department of Health COVID-19 notification requirements, which require notice if five positive cases have attended the work premises within seven days.

Employer duty

It is important to note that there are no changes to the duty of Victorian employers to take all and every reasonable step to protect workers from risks to both their physical and mental health. This includes managing risks associated with COVID-19 and reporting notifiable incidents to WorkSafe, such as the contraction of the virus in the workplace, where the person requires immediate in-patient care or dies as a result.

WorkSafe can act against workplaces that do not comply with their obligations under the Occupational Health and Safety Act.

How can I stay compliant?

The Victorian Chamber has a dedicated COVIDSafe helpline where you can receive expert advice on any COVIDSafe-related questions you may have.

You can contact the COVIDSafe helpline on 03 8662 5365.

The WorkSafe Advisory number is 1800 136 089.

More information is also available on the WorkSafe website here.

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