As the Australian Government begins rolling out the first phase of the COVID-19 vaccine, AREEA is guiding its resources and energy industry members through the workplace implications and advocating for a nationally coordinated approach.
In the latest development, Safe Work Australia (SWA) recently published new guidance material on the workplace considerations of the COVID-19 vaccine.
The guidance includes a Q&A for employers, small businesses and employees, in relation to work health and safety (WHS) obligations and common legal questions.
Key points for employers include:
- Employers have a duty under WHS law to eliminate or if not possible, minimise as far as practical, the risk of exposure to COVID-19 in the workplace;
- (However) it is unlikely a requirement for employees to be vaccinated will be reasonably practical, due to several factors listed in the guidance;
- (And) ultimately whether an employer should require its employees to be vaccinated will depend on the particular circumstances at the time they are undertaking their risk assessment.
AREEA advises its members to view the SWA guidance as one of many considerations in determining your approach and policies in relation to vaccinations.
The inability for SWA to take a firm / clear position on some of the key workplace and employment law issues further demonstrates the complexity facing employers.
It is also expected the SWA guidance may be amended and updated as the agency receives and responds to feedback and concerns from employer groups about the practicality or otherwise of some of its advice.
Separately, AREEA is aware of some member companies who have been identified by government health authorities to be working in sectors where priority vaccine roll-out may be available.
Read the SWA guidance here.
Similarly, the Fair Work Ombudsman has updated its coronavirus information in relation to vaccines in the workplace. Read it here.
Following the release of updated guidance, Attorney-General and Minister for Industrial Relations, Christian Porter released a statement saying the “latest guidance provided by the FWO and SWA reinforces the Federal Government’s broader vaccine policy that vaccination should be voluntary”.
“As the Prime Minister has said many times, the Government expects that the overwhelming majority of Australians will want to be vaccinated to protect themselves and their loved ones, and so they can get on with their lives without disruption.”
He added that while the guidance aims to be comprehensive, every workplace will be different and anyone still unsure about their obligations is urged to seek independent advice.
AREEA Member Guide – Workplace and workforce implications
To support members in this area AREEA has prepared a COVID-19 Vaccine Member Guide which provides updates on key developments with the vaccine roll-out and other workplace considerations.
The COVID-19 Vaccine Member Guide includes:
- Working towards a unified industry position on vaccination requirements
- Guidance on establishing your position on whether employees require vaccinations
- How to assess whether certain sections of the workforce should be vaccinated
- Support for managing employees who are unable to be vaccinated
- Other important considerations for resources and energy employers
AREEA will continue to update its members on material developments in relation to the COVID-19 vaccines and will circulate updated editions of this Member Guide as necessary.
For your copy of the guide, a video link to our vaccine webinar, or to be put in touch with your local workplace relations specialist for answers to any questions about vaccinations for your organisation, please contact 1800 627 771 or email [email protected]
