On 1 October 2021, Premier Daniel Andrews announced that mandatory COVID-19 vaccination obligations would be introduced for Victorian workers who are required to work ‘onsite’. While many employers have already commenced discussions with their workforce about these upcoming requirements, all the underpinning details of the mandate have not been available, until now. Overnight, directions from the Acting Chief Health Officer concerning mandatory vaccination for workers (directions) were released and can be located here.
In this alert, we outline the scope, timeframes and key details of the directions to inform the steps your organisation must take over the coming weeks.
Who do these directions apply to?
Firstly, it is important to carefully assess which workers in your oganisation the vaccination obligations apply to.
Step 1.
The directions contain a specific list of workers (with accompanying definitions) to whom the vaccination mandate applies. You should carefully consider your workforce against the worker type in Schedule 1 and corresponding worker-specific definitions in clause 9.
Step 2.
Assess whether these listed workers will be (or may be) scheduled to work outside the worker’s ordinary place of residence on or after the relevant deadlines (see below).
This process will identify the workforce cohort that will be subject to the vaccination mandate and the employer obligations outlined below (mandated worker cohort). If a worker is not listed in Schedule 1 and/or will only undertake their role working from home, then these directions will not apply to them. If there is any uncertainty about coverage of these directions, please contact us to discuss further.
Employer obligations
The directions impose consultation, collection and restriction obligations on employers with respect to the mandated worker cohort.
Worker consultation
As soon as practicable from 8 October 2021, an employer must inform its mandated worker cohort that under these directions, it is required:
- to collect, record and hold COVID-19 vaccination information for its workers; and
- not to permit a worker to work outside of their residence after the relevant deadline, unless an exception applies.
Vaccination information collection
As soon as practicable from 8 October 2021, an employer must collect, record and hold COVID-19 vaccination information about its mandated worker cohort. This includes obtaining copies of:
- official vaccination certificate;
- immunisation history statement obtained from the Australian Immunisation Register;
- letter from a medical practitioner that the worker is an “excepted person”;
- if a worker is partially vaccinated, whether that worker has a booking to receive a second dose by the relevant deadline; and
- if a worker is unvaccinated, whether that worker has a booking to receive a first dose by the relevant deadline.
Prohibition from work outside of home
Once vaccination information has been obtained from the mandated worker cohort, an employer must not permit a worker to undertake any work outside of their ordinary residence if they have not complied with the vaccination deadlines (see below). If an employer does not hold vaccination information about a worker, the employer must treat the worker as if the worker is unvaccinated.
Relevant deadlines
15 October 2021 – first dose of an approved COVID-19 vaccination
26 November 2021 – second dose of an approved COVID-19 vaccination
An employer can permit an unvaccinated worker to work after 15 October, provided they have evidence of a booking to receive a first dose by 22 October 2021 and proceed to receive it. A further timeline exception applies to a worker who is in quarantine.
There is also a range of limited exceptions to these requirements set out under the directions that apply only in emergency and exceptional circumstances. Please contact us if you wish to discuss these further.
Medical exceptions
A worker who is unable to receive a COVID-19 vaccination due to a prescribed medical exception will be exempt from the requirements under the directions if they obtain and provide to their employer a compliant letter from the medical practitioner. The directions set out the limited circumstances where an exception can be granted and we recommend you obtain further advice before relying on the medical exception and consider what duties this worker can safely perform.
Finally…
Sectors such as construction, education, health care and aged care, along with specified facilities and activities, are already subject to a range of separate directions which include mandatory vaccination. These directions will continue to apply and it is important to ensure that these additional directions are considered when undertaking your workforce assessment.
In our experience, discussions with employees about this topic may give rise to a range of questions, such as the right to information collection, disclosure, alternative duties including whether they can be performed from home. It is also unclear, at the time of writing, how long mandatory vaccination requirements will remain in place. The directions are technically in force until 21 October 2021 but are expected to be extended. If these directions apply to your workforce, we recommend contacting us to ensure your organisation complies with these obligations.
The above is general information and should not be taken as legal advice.
Liability limited by a scheme approved under Professional Standards Legislation.
