Temporary Occupational Health and Safety Regulations (COVID-19 Incident Notification) Regulations 2020

As at 28 July 2020, employers are required to notify WorkSafe of any confirmed COVID-19 cases within their workplace. They must do so within 48 hours of becoming aware of a confirmed diagnosis.

These requirements are set out in the new Temporary Occupational Health and Safety (COVID-19 Incident Notification) Regulations 2020, known as the OHS COVID-19 Regulations.

Under the OHS COVID-19 Regulations, employers must notify Worksafe immediately (and no later than 48 hours) after becoming aware that:

  1. An employee, independent contractor, employee of the independent contractor or self-employed person:
  • has a confirmed diagnosis of COVID-19; and
  • has attended the workplace during the ‘infections period’ (within 14 days prior to the onset of symptoms or of receiving a confirmed COVID-19 diagnosis (whichever comes first), and until they receive a clearance from isolation from DHHS).

It is vital that employers are aware of these obligations and act quickly once they become aware of a confirmed COVID-19 diagnosis within their workplace. Reports can be made to WorkSafe by submitting an electronic COVID-19 Reporting Form.

Failure to do so will attract significant fines.

If you require further information on appropriate safety measures in response to COVID-19 in your workplace, please contact Heather Richardson or Isabella Royce in our Employment Law team.