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Actionable steps and real-world commentary on topical issues in the world of employment and safety law.
Page 21 of 24 — 209 articles
Employers are expected to be increasingly vigilant in managing COVID related risks in the workplace particularly when managing employees returning from an absence likely to involve COVID or at least a risk of it. But with the ever-changing public health regulatory landscape we understand that this has become difficult and places enormous strain on HR teams.
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Most likely “Yes”. COVID-19 testing generally provides employer with the most valuable information in assisting employees to determine their level of risk to the workplace. However, long queues for traditional PCR tests, as well as changing eligibility criteria for them, has left a lot of the heavy lifting to Rapid Antigen Tests (RATs). Although less reliable than PCR tests, they are in our opinion an objective and safe way for workplaces to manage the risk of COVID-19. The prevalence of RATs is only likely to increase as availably issues are addressed across Australia.
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We have previously discussed ways in which employers can navigate the emerging area of Public Health Directions / Orders to vaccinate, as well as implementing your own mandatory vaccination policies as a lawful and reasonable direction. But what if you aren’t subject to a Public Health Direction / Order and don’t have a mandatory vaccination policy of your own, but your business performs work for organisations that do – particularly for site entry?
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The borders have now fully opened up and we are now in a new stage of dealing with COVID –unfortunately just in time for the highly contagious Omicron variant to arrive and increase infection rates.
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FWC Full Bench Speaks A 5 member FWC Full Bench on Friday 3 December 2021 handed down its eagerly anticipated decision finding that BHP’s Mt Arthur mine’s Site Access Requirements for mandatory COVID-19 vaccinations was NOT reasonable because it had failed to comply with the WHS obligations to consult. You can find a copy of the full decision here (http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FWCFB//2021/6059.html)
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The short answer: yes –but it might look a bit different.
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We previously discussed how to deal with early-stage non-compliance with Public Health Directions/ Orders or an Employer’s policy.
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The activity around COVID-19 vaccinations has not abated. The trend (at this stage) is indicating an increasing number of businesses continuing to push ahead with mandatory compliance via their own policy.
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Tasmanian businesses are currently dealing with a Public Health Direction compliance deadline of 21 November 2021.
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