New regulations in respect of COVID-19 incident notifications for employers

On 27 July 2021, new regulations came into force in respect of COVID-19 Incident Notifications for employers (Occupational Health and Safety (COVID-19 Incident Notification) Regulations 2021 (COVID-19 Incident Notification Regulations).

These new regulations commenced immediately and will remain in force for 12 months until 27 July 2022. They effectively continue the previous Regulations and operate to extend 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).

Failing to notify WorkSafe under section 38 of the OHS Act, can lead to fines of up to $43,617 (240 penalty units) for an individual or $218,088 (1200 penalty units) for a body corporate.

WorkSafe will continue to play a critical role in supporting the Department of Health (DoH) to respond to COVID‐19 cases in the workplace, ensuring the safety of employees and ensuring that employers are complying with their duty to maintain safe workplaces.

You can notify WorkSafe of a positive COVID-19 diagnosis, employers or self-employed persons here and submit an incident notification or call the WorkSafe advisory service on 13 23 60.

If you would like to learn more or have any questions, please contact your Worker’s Compensation broker at Mercer Marsh Benefits.

New regulations in respect of COVID-19 incident notifications for employers