The Vaccinated Economy- Requirements for a Return to In-Person Work
The Victorian Government has outlined the vaccination requirements for all workers who wish to return to working in an office or public facing setting. In order to attend an office setting, an individual must be fully vaccinated, that is, they must have received two doses of a Covid-19 Vaccine and be able to show a Covid-19 Vaccination Certificate to prove that.
Alternatively, they must be able to show a Covid-19 Vaccination Certificate which states that they are exempt from receiving the vaccine due to a medical contraindication. This exemption is valid to the date noted on the certificate, or if no date, for a 6 month period from the date the exemption was granted. After that the exemption is no longer valid, a new exemption or proof of full vaccination will be required.
It is the responsibility of the employer to ensure that any staff physically attending a workplace satisfy the vaccine requirements, and must collect the proof of such vaccination (the Covid-19 Vaccination Certificate discussed above).
If an employee is unable or unwilling to provide a Covid-19 Vaccine Certificate, they must be treated by the employer as an unvaccinated person and must not be allowed to work outside of their home.
The general advice from the Victorian Government remains that where an employee can work from home, they should work from. However, if the vaccination requirements outlined above have been satisfied, this is no longer mandatory.
The vaccination mandate generally covers all workers who are working outside of their primary place of residence. Certain industries have specific requirements, with detailed information available from the Victorian Government here and here.
Further to vaccine requirements, there are other rules which businesses must follow to operate out of their premises. Masks are still required to be worn indoors at all times, and density limits on offices apply – generally density for spaces not accessible to the public is 2 people per square meter, and for publicly accessible spaces 4 people per square meter.
QR Code check in rules continue to be in-force, and business must use the Services Victoria system for checking in both Employees and members of the public who visit workplaces. Members of the public entering workplaces must also be fully vaccinated, and be able to show a valid certificate to be allowed to enter (although, business do not need to collect and store this information. That requirement only applies to their employees).
Failing to comply with the above Health Directions, and keeping the required records, could result in on-the-spot fines, or harsher penalties through the Court system.
The situation continues to evolve as the vaccine rollout continues, but the State Government has indicated that requirements for vaccinations will likely be in place for the foreseeable future through 2022, and it is therefore important that Employers become familiar with their obligations and ensure that their workplaces are compliant.
Contact our Commercial Law Team to discuss the implications for your business and concerns regarding complying with the State Government mandate.