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.

Marsh Pty Ltd (ABN 86 004 651 512, AFSL 238983) (“Marsh”) arrange this insurance and is not the insurer. The Discretionary Trust Arrangement is issued by the Trustee, JLT Group Services Pty Ltd (ABN 26 004 485 214, AFSL 417964) (“JGS”). JGS is part of the Marsh group of companies. Any advice in relation to the Discretionary Trust Arrangement is provided by JLT Risk Solutions Pty Ltd (ABN 69 009 098 864, AFSL 226827) which is a related entity of Marsh. The cover provided by the Discretionary Trust Arrangement is subject to the Trustee’s discretion and/or the relevant policy terms, conditions and exclusions. This website contains general information, does not take into account your individual objectives, financial situation or needs and may not suit your personal circumstances. For full details of the terms, conditions and limitations of the covers and before making any decision about whether to acquire a product, refer to the specific policy wordings and/or Product Disclosure Statements available from JLT Risk Solutions on request. Full information can be found in the JLT Risk Solutions Financial Services Guide.”