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COVID-19 & OHS Requirements

It is now mandatory that employers report a confirmed positive case of COVID-19 in the workplace.

As of 27 July 2021, new regulations regarding Occupational Health & Safety (COVID-19 Incident Notification) Regulations 2021 are now in effect in regard to COVID-19 positive cases in the workplace. The new regulations will be in place for 12 months.

You must notify WorkSafe of a positive COVID-19 diagnosis via the following link https://www.worksafe.vic.gov.au/report-confirmed-positive-case-covid-19 to submit an incident notification. Alternatively, you can call WorkSafe on 13 23 60.

The following regulations are now in effect:

Employers have an obligation to report a positive COVID-19 diagnosis to WorkSafe within 48 hours of being notified of either their:

  • employees
  • independent contractor engaged by the employer or
  • an employees of the independent contractor,

having a COVID-19 diagnosis.

The report must be submitted by the employer if any of the above individuals have attended the workplace within a 14-day period, prior to receiving the confirmed diagnosis of COVID-19.

This regulation also extends to self-employed persons who have contracted and received a confirmed diagnosis of COVID-19.

Pursuant to Section 38 of the Occupational Health and Safety Act, if the employer fails to notify WorkSafe of a positive COVID-19 diagnosis, the following fines will be issued:

  1. An Individual = $43,617 (240 penalty units)
  2. A Body Corporate = $218,088 (1200 penalty units)

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