The Occupational Health and Safety Amendment (COVID-19 Vaccination Information) Regulations 2022 (the Regulations) which amended the Occupational Health and Safety Regulations 2017 (Vic) to permit Victorian employers to collect, record, hold and use COVID-19 vaccination information of their workers, expired on 12 July 2023.
The Regulations were originally introduced so that employers could, if they chose to, require workers (which included employees, contractors, volunteers and students on placement) to comply with any mandatory vaccination policy, where such a policy was both lawful and reasonable as part of the employer’s COVID-safe response framework. As pandemic public health orders were being phased out, employer policies were primarily used to require workers to provide evidence of their COVID-19 vaccination status to attend the workplace.
Now that the Regulations have expired, employers must securely destroy worker COVID-19 vaccination data within 30 days and by no later than Friday, 11 August 2023 (unless employers are permitted under other laws to collect, use, record, or hold vaccination information or unless a law of Victoria, the Commonwealth or any State or Territory permits otherwise).
Accordingly, non-exempt Victorian employers who continue to operate mandatory COVID-19 vaccination policies should consider the scope of such policy and whether it remains reasonable for the workplace environment. These employers should also be mindful that they are no longer permitted to collect, use, record or hold COVID-19 vaccination information (unless permitted in accordance with the Health Records Act 2001 (Vic)).
Despite the lapse of COVID-19 isolation requirements, employers must continue to comply with occupational health and safety obligations, which include providing and maintaining, so far as is reasonably practicable, a working environment that is safe and without risks to health.
If you have any questions about workplace health and safety – feel free to reach out to one of our team on (03) 9448 9600.
The above is general information, which is current at the time of publication, and should not be taken as legal advice. Liability limited by a scheme approved under Professional Standards Legislation.
