Latest COVID-19 directions….things have changed
Article by Deepanshi Agarwal and Denise Gallagher
COVID-19 Mandatory Vaccination (Specified Facilities) Directions (No 6) commenced on 7 October 2021 and imposed vaccination obligations on operators of specified facilities in relation to the vaccination of workers. Previous versions of these directions already imposed obligations on operators of residential aged care facilities, construction sites, healthcare facilities and education facilities but the new directions have extended obligations to other specified facilities.
We provide below a summary of the current directions.
Residential Aged Care Workers – The deadline set for a residential aged care worker was 1 October 2021 for the first does and 15 November 2021 for the second dose.
Construction Workers – The deadline for people performing work at a construction site was 2 October for the first dose and 13 November for the second dose.
Education Facility Workers – The deadline for education facility workers is 25 October or the first dose and 29 November for the second dose.
Healthcare Facility Workers – The deadline for workers in healthcare facilities the deadline is 29 October 2021 for the first dose and 15 December 2021 for the second dose.
The operators of the abovementioned facilities have an obligation to collect, record and hold information in relation to the vaccination status of the workers and if partially vaccinated or unvaccinated, the booking information to receive the vaccine in relation to that worker.
The key obligation on operators of these facilities is the prevention of entry of unvaccinated workers. The relevant date for education facilities is 18 October 2021 and for residential aged care facilities and construction sites is 30 September 2021. Workers will not be permitted to enter these facilities after these dates.
The major exception to this obligation is if the worker can provide evidence of a booking to receive the first dose of the vaccine by the abovementioned deadline. There is also an exception for an emergency situation or critical unforeseen circumstances. An example is where “a medical practitioner is required to attend the premises on short notice due to an emergency situation.”
The directions recognise that a person may be an “excepted person”. An “excepted person” is someone that has a certification from a medical practitioner that they are not able to receive the vaccine or a further dose of the vaccine.
All Authorised Workers will be required to receive the first dose of the vaccine by 22 October 2021 and the second dose by 26 November 2021 to continue working onsite.
The key take-away for employers is that if their workers fall within the Authorised Workers list, they need to obtain information in relation to the workers’ vaccination status and ensure that all steps are taken to prevent the entry of unvaccinated workers.
If a business operator allows an unvaccinated worker onsite, they could face a penalty of up to 120 penalty units ($21,808) for individuals and a penalty of up to 600 penalty units ($109,044) for corporations.
For further information and a list of Authorised Workers please click here: Authorised provider and authorised worker list | Coronavirus Victoria