COVID-19 CORONAVIRUS - The Australian Industry Group
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AUSTRALIAN INDUSTRY GROUP COVID-19 CORONAVIRUS MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020 Victorian Roadmap to Reopening Restrictions and Risk Controls The most recent updates to this Advice appear directly after the Introduction. This Member Advice consolidates information in relation to restrictions on business operations and required COVID-19 risk controls in Victoria. With effect from 11.59pm on 8 November 2020, there has been a further easing of restrictions in both metropolitan Melbourne and Regional Victoria, with the restrictions now applying consistently across Victoria. Victorians can now move freely around the state, with Melbourne’s 25km restriction removed and travel restrictions between the Melbourne and regional Victoria no longer in place. There continues to be a requirement to work from home unless it is not reasonably practicable to do so. All Victorian workplaces are still required to have a COVIDSafe Plan and continue to comply with the specific risk controls that are established by the Workplace Directions and the Workplace (Additional Industry Obligations) Directions to minimise the risk of COVID-19 being transmitted in workplaces. The Roadmap also includes a series of Victorian COVIDSafe principles for businesses, some of which are mandated in Directions and others which are recommended. Workers who are required to isolate or quarantine due to COVID-19 may be entitled to receive hardship payments. Information and eligibility can be found here. Information about interstate border closures can be found here. INTRODUCTION This Member Advice has been developed to provide employers with information on the status of restrictions under the Roadmap and the risk controls required to minimise the risk of the spread of COVID- 19 in workplaces. It focuses on the obligations established by the Workplace Directions and the Workplace (Additional Industry Obligations). Businesses whose activities predominantly involve providing services to the public should also refer to detailed information in the Restricted Activity Directions (Victoria) that cover issues such as limits on patron numbers. Effective from 11.59pm on 8 November 2020, there has been a further easing of restrictions in both metropolitan Melbourne and Regional Victoria. Victorians can now move freely across the state. Ai Group ©2020 all rights reserved | Advice No: NAT 098/20 | aigroup.com.au/memberadvices | Page 1 of 17
AUSTRALIAN INDUSTRY GROUP COVID-19 CORONAVIRUS MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020 In his media statement on 8 November 2020, the Premier indicated that “from 22 November – and in line with the public health advice – Victoria is on track to reach the Last Step in our roadmap towards reopening”. An attachment to the media release provides a summary of what is proposed for 22 November. The current Roadmap states that Victoria will go to COVID Normal when Victoria has: • no new cases state-wide for 28 days; AND • no active cases state-wide; AND • no outbreaks of concern in other states or territories. More information about the Roadmap for Reopening, including downloadable PDFs that illustrate the targets and stages can be found here, including specific roadmaps for individual industries to reopen or increase the number of workers on site. Note, at the time of finalising this Advice the Roadmaps had not been updated to reflect the most recent changes. UPDATES TO THIS MEMBER ADVICE This Member Advice is updated when substantive changes are made to Directions or guidance. Information about the changes that are effective from 11.59pm on 8 November, and amendments made on 15 November are outlined below. This summary of updates needs to be read in conjunction with the body of this Member Advice which outlines all current obligations and provides a summary table of obligations for easy reference. To avoid any confusion, as we are moving out of the significant restrictions imposed since the start of the second wave, the summary of previous updates has been removed from this document. Any information that is still relevant is incorporated into the body of this Member Advice. UPDATES AT 17 NOVEMBER 2020 Abattoirs, meat processing, seafood processing and poultry processing. The Workplace (Additional Industry Obligations) Directions (No 12) issued on 15 November 2020 have reinserted two obligations that were removed from the No 11 Directions that commenced at 11.59pm on 8 November 2020. It appears that the requirements were removed in error. The requirements placed on these workplaces to undertake temperature testing and restrict carpooling have been reinstated as previously written. UPDATES AT 9 NOVEMBER 2020 The following key changes have occurred with effect from 11.59pm on 8 November 2020: • There is no longer a requirement for businesses such as cafes and restaurants in Regional Victoria to ensure that people from metropolitan Melbourne do not use their services. • Work travel permits are no longer required for workers travelling between metropolitan Melbourne and Regional Victoria. • The Workplace Directions now include more detailed requirements about handling of personal information obtained in line with record keeping requirements. Ai Group ©2020 all rights reserved | Advice No: NAT 098/20 | aigroup.com.au/memberadvices | Page 2 of 17
AUSTRALIAN INDUSTRY GROUP COVID-19 CORONAVIRUS MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020 • Abattoirs, meat processing, seafood processing and poultry processing: o workforce restrictions have been removed; o carpooling is no longer restricted – see above, reinstated on 15 November; o specific reference to ensuring “that workers do not work across multiple Work Premises” has been removed from the Workplace (Additional Industry Obligations). However, there are still requirements in the Workplace Directions, clause 7(18) to (21) that limit work being undertaken on multiple premises and require the employer to demonstrate the systems of work which it has in place to minimise the number of workers working across multiple Work Premises; o the requirement to do temperature testing has been removed (surveillance testing is still required) – see above, reinstated on 15 November. • Seasonal horticultural workers: o All requirements that related to workers and the previously Restricted Area of metropolitan Melbourne have been removed; and o Clause 1(5)(c) of Workplace (Additional Industry Obligations) Directions (No 11) states that the directions “remove some testing requirement for … seasonal workers”. However, clause 7(10) states that an employer must carry out surveillance testing on its seasonal workers in accordance with the requirements of DHHS. This varies from section 7(34) in the previous Directions which limited testing to workers who commuted from the Restricted Area of metropolitan Melbourne. It is Ai Group’s view that this is most likely a drafting error that occurred when reference to the Restricted Area was removed. We are currently seeking clarification on this issue. • Care facilities: o Surveillance testing is now only required “where directed by the Chief Health Officer” (clause 7(22)). It is also highlighted that the Workplace (Additional Industry Obligations) Directions no longer apply to: construction sites; retail facilities; or medical supply, pharmaceutical supply and personal protective supply facilities. CURRENT RESTRICTIONS ON BUSINESS ACTIVITY Restricted Activity Directions (Victoria) The Restricted Activity Directions (Victoria) establish business restrictions across Victoria They limit the operation of a range of publicly facing businesses by either requiring that they close or by limiting the activities that they can engage in and establishing requirements for control measures such as COVID Marshalls: pubs, bars, clubs, nightclubs and hotels; physical recreation facilities; community facilities; entertainment facilities; places of worship; restricted retail facilities; food and drink facilities; accommodation facilities; swimming pools; animal facilities; real estate auctions and inspection; education and childcare facilities; Alpine resorts; tourism services; creative arts facilities; and music. Employers operating any of these facilities should refer to the Restricted Activity Directions (Victoria) to fully understand the restrictions and requirements placed on their business operations. Ai Group ©2020 all rights reserved | Advice No: NAT 098/20 | aigroup.com.au/memberadvices | Page 3 of 17
AUSTRALIAN INDUSTRY GROUP COVID-19 CORONAVIRUS MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020 Workplace Directions The Workplace Directions (No 9) establish a requirement for workers to work at home if it is reasonably practicable to do so. 6. Operation of a Work Premises (1) An employer must not permit a worker to perform work at the Work Premises where it is reasonably practicable for the worker to work at the worker’s place of residence or another suitable premises which is not the Work Premises. (2) An employer must comply with the Metro-Regional Work Travel Permit Directions and the Workplace (Additional Industry Obligations) Directions (No 12) where it applies to that employer (3) Where an employer permits or requires work to be performed at a Work Premises, the employer must comply with clauses 7 to 9. • Clause 7 relates to Preventative Measures • Clause 8 relates to Responding to a suspected case of 2019-nCoV in a Work Premises • Clause 9 relates to Responding to a confirmed case of 2019-nCoV in a Work Premises. Further information about control measures established by the Workplace Directions and the Workplace (Additional Industry Obligations) Directions is provided later in this Member Advice. Restricted Workforces All previous limits on workforce numbers established by the Workplace (Additional Industry Obligations) Directions have now been removed. Metro-Regional Work Travel Permit Scheme The Metro-Regional Work Travel Permit Scheme Directions have been revoked. VICTORIAN COVIDSAFE PRINCIPLES FOR ALL BUSINESSES The Roadmap includes six COVIDSafe principles: • physical distancing (1.5m); • wear a face covering; • practice good hygiene; • keep records and act quickly if staff become unwell; • avoid enclosed spaces; and • workforce bubbles. Most of these principles have become a common part of responding to COVID-19 in our work and personal lives. The concept of “bubbles” needs some further explanation. Bubbles are intended to limit interaction to discrete groups of people. Ai Group ©2020 all rights reserved | Advice No: NAT 098/20 | aigroup.com.au/memberadvices | Page 4 of 17
AUSTRALIAN INDUSTRY GROUP COVID-19 CORONAVIRUS MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020 In the work context “bubbles” are about a range of control measures such as: rostering the same people to work together each day or shift; limiting interaction between shifts (by creating a time gap between one shift finishing and another starting); people who work together having their meal breaks at times or locations separate from others in the workplace; and minimising people working on more than one site. Bubbles are designed to reduce the risk of infection, make contact tracing easier and minimise the impact on a business if close contacts of a confirmed case at work need to isolate. Some high-risk industries are required to implement “bubbles”; for other workplaces they are recommended controls. PUBLIC HEALTH REQUIREMENTS FOR THE CONTROL OF COVID-19 IN WORKPLACES Workplace Directions and Additional Industry Obligations Directions The following summary has been developed to highlight the key risk control issues that all Victorian businesses are required to focus on. It is highly recommended that employers refer directly to the Directions in order to ensure compliance with the details. The current Directions can be accessed at the links below. The Workplace Directions (No 9) establish specific risk control obligations for all Victorian employers. The Workplace Additional Industry Obligations) Directions (No 12) establish specific additional risk control measures required for businesses operating in the industries outlined below., o poultry processing facilities; o abattoirs and meat processing facilities; o seafood processing facilities; o supermarket work premises and perishable good work premises; o warehousing and distribution centres; o manufacturing facilities; o wholesale facilities; o horticultural operations using seasonal workers for seasonal horticultural work; and o care facilities. Summary of Required Controls Workplaces that are permitted to operate through the provisions of the Restricted Activity (Victoria) Directions must comply with the requirements of the Workplace Directions and the Workplace (Additional Industry Obligations) Directions. These requirements are in addition to any specific restrictions imposed by the Restricted Activity Directions. Ai Group ©2020 all rights reserved | Advice No: NAT 098/20 | aigroup.com.au/memberadvices | Page 5 of 17
AUSTRALIAN INDUSTRY GROUP COVID-19 CORONAVIRUS MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020 Issue addressed Workplace Directions (No 9) Workplace (Additional Industry Applicable to all Victorian workplaces Obligations) Directions (No 12) See note at the start of this section that identifies industries impacted in metropolitan Melbourne and Regional Victoria. Consultation Not specifically addressed, but Clause 6(7) required in line with OHS obligations. Specific consultation obligations established. Reduction in Not required other than to comply Comply with Workplace Directions numbers of staff with working from home requirements at Clause 6 and the density quotient at clause 7(11) and 7(12). Work from home Clause 6 Comply with Workplace Directions unless it is not reasonably practicable Employer to take Clause 7(1) to 7(2) Comply with Workplace Directions, plus: reasonable steps to ensure the worker The requirements of these clauses are Clause 7(5) Additional requirements for wears a face reproduced later in this Member meat, poultry and seafood processing; covering unless Advice. A face covering must be a surgical masks, face shields and suitable exceptions apply fitted face mask. protective clothing. Information about how to implement Clause 7(7) in metropolitan Melbourne, the wearing of Face Coverings can be any supermarket warehousing and found in an Ai Group Fact Sheet here). distribution centre or chilled perishable food premises; and clause 7(8) across Victoria for chilled distribution facilities: Surgical masks required, unless the nature of the work means they create a risk to a worker’s health and safety. The note indicates that surgical masks may create risks if the temperature is below negative five degrees, but there is still a requirement for fitted face masks, such as a three-ply cloth mask. Clause 7(16) Seasonal horticultural workers The employer must provide an adequate supply of face coverings and ensure that they are worn, unless one of the exceptions in the Workplace Directions apply. Ai Group ©2020 all rights reserved | Advice No: NAT 098/20 | aigroup.com.au/memberadvices | Page 6 of 17
AUSTRALIAN INDUSTRY GROUP COVID-19 CORONAVIRUS MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020 Issue addressed Workplace Directions (No 9) Workplace (Additional Industry Applicable to all Victorian workplaces Obligations) Directions (No 12) See note at the start of this section that identifies industries impacted in metropolitan Melbourne and Regional Victoria. Training General obligations in OHS laws to Clause 7(1)(a) requirements provide information, training, PPE training plan must be in place. instruction and supervision. Directions specify required content. Clause 7(4)(d) Additional requirements for abattoirs and meat processing facilities, poultry processing facilities, seafood processing facilities or supermarket distribution and warehousing (excluding retail facilities) and perishable food Work Premises that is a chilled distribution facility – regular training to workers, including induction, on good hygiene, not attending work if sick and compliance with “bubbles”. Clause 7(14) Extra training requirements for seasonal horticultural workers COVID Safe Plan Clause 7(3) to 7(6) Clause 6(1) to 6(5A) High Risk COVIDSafe Plan required for specified industries in addition to the requirements of the Workplace Directions. Record keeping Clause 7(7) to 7(10) Comply with Workplace Directions, plus: Log of all people who attend the Work Premises for longer than 15 minutes. Clause 6(5) Detailed requirements about the Must also keep records to demonstrate handling of information are included in compliance with the requirements of the 7(10) Directions. Ai Group ©2020 all rights reserved | Advice No: NAT 098/20 | aigroup.com.au/memberadvices | Page 7 of 17
AUSTRALIAN INDUSTRY GROUP COVID-19 CORONAVIRUS MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020 Issue addressed Workplace Directions (No 9) Workplace (Additional Industry Applicable to all Victorian workplaces Obligations) Directions (No 12) See note at the start of this section that identifies industries impacted in metropolitan Melbourne and Regional Victoria. Density quotient Clause 7(11) to 7(12), 7(14) Comply with Workplace Directions. In any shared spaces, must not exceed the density quotient which is 1 person per 4 square metres in each indoor space or zone. Note 1: The density quotient for outdoor areas of food and drink facilities is 1 person per 2 square metres. Note 2: Different density quotients have been established for some workplaces that are reopening, such as gyms and indoor food courts. Businesses whose operations involve interaction with the public should check the detail of the Restricted Activity Directions for detail. Signage Clause 7(13) Comply with Workplace Directions. Specific signage required for any publicly accessible space. Ai Group ©2020 all rights reserved | Advice No: NAT 098/20 | aigroup.com.au/memberadvices | Page 8 of 17
AUSTRALIAN INDUSTRY GROUP COVID-19 CORONAVIRUS MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020 Issue addressed Workplace Directions (No 9) Workplace (Additional Industry Applicable to all Victorian workplaces Obligations) Directions (No 12) See note at the start of this section that identifies industries impacted in metropolitan Melbourne and Regional Victoria. Cleaning Clause 7(15) to 7(17) Comply with Workplace Directions, plus: requirements An employer must take all reasonable steps to ensure that shared spaces at Clause 7(3) which work is performed and areas Must increase the regularity of accessible to the public are cleaned on comprehensive cleaning by ensuring all a regular basis. areas are cleaned at least daily. Except care facilities which have other regulatory DHHS guidance on cleaning and requirements. related one page Fact Sheets can be found at this link. Clause 7(1)(b) Have a cleaning log on display in shared workplaces and publicly accessible areas covering prescribed requirements. Clause 7(4)(e) Additional requirements for abattoirs and meat processing facilities, poultry processing facilities, seafood processing facilities or supermarket distribution and warehousing (excluding retail facilities) and perishable food Work Premises that is a chilled distribution facility – carry out comprehensive cleaning of the work premises each evening. Clause 7(15) Seasonal horticultural workers – specific requirements for cleaning the premises each evening and provision of hygiene products and well-maintained toilet facilities. Ai Group ©2020 all rights reserved | Advice No: NAT 098/20 | aigroup.com.au/memberadvices | Page 9 of 17
AUSTRALIAN INDUSTRY GROUP COVID-19 CORONAVIRUS MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020 Issue addressed Workplace Directions (No 9) Workplace (Additional Industry Applicable to all Victorian workplaces Obligations) Directions (No 12) See note at the start of this section that identifies industries impacted in metropolitan Melbourne and Regional Victoria. Creating workplace Not specified in the Directions but Clause 7(4)(c) Additional requirements “bubbles” recommended where possible to for abattoirs and meat processing reduce the risk of infection, aid facilities, poultry processing facilities, contact tracing and limit the number seafood processing facilities or of people required to isolate if there is supermarket distribution and a COVID-19 case in the workplace. warehousing (excluding retail facilities) and perishable food Work Premises that is a chilled distribution facility – Arrange operations so that workers are working consistently with others, where reasonably practicable; specific considerations covered in (a) to (vii) Clause 7(12) and 7(13) – Requirements for seasonal horticultural workers, including record keeping requirements. Reducing work Clause 7(18) to (21) Comply with Workplace Directions across multiple sites An employer must not require or permit a worker to perform work at more than one Work Premises, unless it is not practicable. If working at multiple sites, must demonstrate the systems of work that minimise the number of workers working across multiple Work Premises. Working at more Clause 7(21) Comply with Workplace Directions. than one premises If a worker is working at more than for different one Work Premises for two or more employers different employers: the worker must provide a declaration and the employer must retain the declaration. Restriction on car No specific requirement Clause 7(6) pooling In meat, poultry and seafood processing, workers must not travel with another person with whom they do not ordinarily reside, unless it is not reasonably practicable to otherwise get to work. Ai Group ©2020 all rights reserved | Advice No: NAT 098/20 | aigroup.com.au/memberadvices | Page 10 of 17
AUSTRALIAN INDUSTRY GROUP COVID-19 CORONAVIRUS MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020 Issue addressed Workplace Directions (No 9) Workplace (Additional Industry Applicable to all Victorian workplaces Obligations) Directions (No 12) See note at the start of this section that identifies industries impacted in metropolitan Melbourne and Regional Victoria. Avoid working in Not specifically required in Directions but included as a COVIDSafe principle in the enclosed spaces Roadmap – to consider when work, including meetings can be undertaken outdoors. COVID Marshalls Not required Clause 7(4)(b) and 7(4)(g) Additional requirements for abattoirs and meat processing facilities, poultry processing facilities, seafood processing facilities or supermarket distribution and warehousing (excluding retail facilities) and perishable food Work Premises that is a chilled distribution facility Designate an employee or employees as a COVID Marshall whose role is to monitor compliance with these directions, including physical distancing and provide training to the Marshall(s) in accordance with guidance from DHHS. COVID Marshals are also recommended for other high-risk workplaces. The Fact Sheets – COVID Marshals - what you need to know and COVID MASHALS - Roles and Responsibilities can be accessed on the COVID Marshals webpage. The employer must also keep records of duty rosters for COVID Marshals. Ai Group ©2020 all rights reserved | Advice No: NAT 098/20 | aigroup.com.au/memberadvices | Page 11 of 17
AUSTRALIAN INDUSTRY GROUP COVID-19 CORONAVIRUS MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020 Issue addressed Workplace Directions (No 9) Workplace (Additional Industry Applicable to all Victorian workplaces Obligations) Directions (No 12) See note at the start of this section that identifies industries impacted in metropolitan Melbourne and Regional Victoria. Additional health Clause 7(5)(b) screening / Meat, poultry and seafood processing surveillance facilities must implement daily temperature testing and direct the worker to leave the premises and get tested for COVID-19 if they have a temperature of 37.5C or more. Clause 7(4)(a) Additional requirements for abattoirs and meat processing facilities, poultry processing facilities, seafood processing facilities or supermarket distribution and warehousing (excluding retail facilities) and perishable food Work Premises that is a chilled distribution facility Carry out surveillance testing on workers for 2019-nCoV at work premises in accordance with the DHHS requirements. Records must be kept in line with clause 7(4)(f). DHHS requirements are specified in the High Risk COVIDSafe Plan available here. Seasonal horticultural workers Clause 7(10) – must carry out surveillance testing for SARS-CoV2 in accordance with the requirement of DHHS. It is Ai Group’s view that this is a drafting error – see commentary notes in the update summary. Care facility workers Clause 7(22) – carry out surveillance testing where directed by the Chief Health Officer. Ai Group ©2020 all rights reserved | Advice No: NAT 098/20 | aigroup.com.au/memberadvices | Page 12 of 17
AUSTRALIAN INDUSTRY GROUP COVID-19 CORONAVIRUS MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020 Issue addressed Workplace Directions (No 9) Workplace (Additional Industry Applicable to all Victorian workplaces Obligations) Directions (No 12) See note at the start of this section that identifies industries impacted in metropolitan Melbourne and Regional Victoria. Declaration by Clause (7)(1)(c) generally and 7(21) for workers care facilities. Must require workers to make a specific written declaration at the start of each shift, before they enter the Work Premises. Workers must not Not addressed, but covered by Clause Clause 7(2) attend 8 below Worker must not attend if they have been tested because they are symptomatic. Care facilities Clause 7(21) and 7(23)) – an employer must not permit employees or contractors to enter the site if specific criteria are met associated with potential exposure to COVID-19. Provision of Not applicable Seasonal Work accommodation and Clause 7(18), (19) and (20)) transport Specific requirements established in relation to accommodation and transport provided. Responding to a Clause 8 Comply with Workplace Directions. suspected case of Specific obligations outlined in relation 2019-nCoV in a to responding to a person who has Work Premises symptoms, cleaning, and informing workers. Specific responses if an employer becomes aware of three or more suspected cases at one Work Premises within a five-day period. Ai Group ©2020 all rights reserved | Advice No: NAT 098/20 | aigroup.com.au/memberadvices | Page 13 of 17
AUSTRALIAN INDUSTRY GROUP COVID-19 CORONAVIRUS MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020 Issue addressed Workplace Directions (No 9) Workplace (Additional Industry Applicable to all Victorian workplaces Obligations) Directions (No 12) See note at the start of this section that identifies industries impacted in metropolitan Melbourne and Regional Victoria. Responding to a Clause 9 Comply with Workplace Directions. confirmed case of Specific obligations to notify DHHS and 2019-nCoV in a WorkSafe* if there is a diagnosed Work Premises positive case; determine the need to close the premises; comprehensive cleaning of the premises; identify close contacts and direct them to leave the premises and self-quarantine; notify workers. If the Work Premises is required to close there are also notification requirements prior to restarting. * WorkSafe Victoria must be notified if an employee or contractor with a confirmed COVID-19 case was in the workplace within the 14 days prior to the onset of symptoms or a confirmed coronavirus (COVID-19) diagnosis (whichever comes first). Information about WorkSafe notification requirements can be found here. Wearing of Face Coverings The requirement that an employer takes reasonable steps to ensure a worker wears a face covering in the workplace is now established by Clause 7 of the Workplace Directions (No 9). Face covering means “…a fitted face mask that covers the nose and mouth to provide the wearer protection against infection”. DHHS provides information about the definition of a fitted face mask here. 7. Preventive measures at Work Premises to reduce the risk of 2019-nCOV An employer must take reasonable steps to ensure the worker wears a face covering at all times when working at a Work Premises. Note 1: face shields on their own do not meet the face covering requirements. Please refer to the Department of Health and Human Services’ guidelines for further information. [see below for further information about fitted face masks] Subclause 7(1) does not apply if: (a) the worker has a physical or mental health illness or condition or disability which makes wearing a face covering unsuitable; or Examples: employees who have obstructed breathing or a serious skin condition on their face, an intellectual disability, a mental health illness, or who have experienced trauma; Ai Group ©2020 all rights reserved | Advice No: NAT 098/20 | aigroup.com.au/memberadvices | Page 14 of 17
AUSTRALIAN INDUSTRY GROUP COVID-19 CORONAVIRUS MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020 (b) the worker is communicating with a person who is deaf or hard of hearing, where visibility of the mouth is essential for communication; or (c) the nature of a worker’s work means that wearing a face covering creates a risk to their health and safety; or (d) the nature of a worker’s work means that clear enunciation or visibility of the mouth is essential; or Examples: teaching, lecturing, broadcasting. (e) the worker is working by themselves in an enclosed indoor space (unless and until another person enters that indoor space); or Example: a person working by themselves in an office. (f) the worker is working by themselves in an outdoor space, provided no other person is also in the outdoor space (except a person who ordinarily resides at the same premises with as the worker); or Example: a farmer working by themselves in a field. (g) the worker is a professional sportsperson when training or competing; or (h) the worker is travelling in a vehicle for work purposes by themselves or where each other person in the vehicle ordinarily resides at the same premises; or (i) the worker is consuming food, drink or medicine; or (j) the worker is asked to remove the face covering to ascertain identity; or Examples: an employee may be asked by police, security or post office staff to remove a face covering to ascertain identity. (k) for emergency purposes; or (l) required or authorised by law; or (m) doing so is not safe in all the circumstances. Note: a worker is required to wear a face covering at all other times when the circumstances above do not apply. Example: a worker must wear a face covering when using ingress and egress points to the employer’s premises, or other facilities such as toilets DHHS guidance on face coverings can be found at this link, including the following information Can I wear a snood, buff or gaiter instead of a mask? • A face mask is always recommended. The Chief Health Officer recommends a mask with three layers that fits securely around the face, specifically covering the nose and the mouth. • However, a fitted snood, fitted buff or fitted gaiter is allowed. • The emphasis is on fitted. • In this instance fitted means the snood, buff or gaiter can extend in a fitted form to snugly fit over and cover your nose and mouth. It must be secure around your neck and lower face with no gaps along the nose ridge or the top of the garment. This is designed to protect you from coronavirus. It must be a sufficient face covering for this purpose. • A loose-fitting snood, buff or gaiter or scarf or bandana is not allowed. Ai Group ©2020 all rights reserved | Advice No: NAT 098/20 | aigroup.com.au/memberadvices | Page 15 of 17
AUSTRALIAN INDUSTRY GROUP COVID-19 CORONAVIRUS MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020 What is a snood, buff or gaiter? In this instance a snood, buff or gaiter is taken to mean a face and neck covering, in the form of a closed loop, worn around the face and neck. They are taken to be interchangeable terms. Information about how to implement and maintain the wearing of face covering can be found in an Ai Group Fact Sheet here. OCCUPATIONAL HEALTH AND SAFETY OBLIGATIONS The requirements of the public health directions outlined above establish the minimum requirements that workplaces must meet to operate under the Roadmap. Whilst COVID-19 is a public health issue, it is also an Occupational Health and Safety (OHS) issue. This means that all the normal OHS requirements need to be considered when implementing controls. Control measures mandated by the Chief Health Officer (CHO) must be implemented, but consultation is required with employees and elected Health and Safety Representatives (HSRs) about how they will be implemented. In some situations, implementing the requirements of the CHO may not be enough to meet the OHS obligations of an employer in relation to minimising the risk of COVID-19 transmission in the workplace. In these situations, additional control measures should be implemented. Businesses also need to consider whether the control measures required by the CHO may introduce other risks that need to be managed (e.g. from a reduced workforce, or limits on handover opportunities between shifts). Additional OHS processes may be required to ensure compliance such as information, instruction, training and supervision. Employers need to consider all facets of their business and consult with employees and HSRs to ensure that are doing all that is reasonably practicable to minimise risk. GOVERNMENT GUIDANCE ON THE DIRECTIONS AND OHS OBLIGATIONS Information about the Directions and their implementation can be found on the websites below: Department of Health and Human Services (DHHS) - Directions The Directions, which provide the exact detail of requirements can be found at the bottom of the above webpage. Links to other information is also provided on this page. Department of Human Services (DHHS) - Roadmap to Reopening Information about the Roadmap, including indications of when and how restrictions will change can be found at this link. Ai Group ©2020 all rights reserved | Advice No: NAT 098/20 | aigroup.com.au/memberadvices | Page 16 of 17
AUSTRALIAN INDUSTRY GROUP COVID-19 CORONAVIRUS MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020 Victorian Coronavirus Website This webpage includes general guidance and the templates for COVID Safe Plans. WorkSafe Victoria The WorkSafe website provides guidance on how to meet your OHS obligations in relation to COVID-19. DO YOU REQUIRE FURTHER ASSISTANCE? Ai Group has set up a special section on our website to provide access to Ai Group advice and assistance relating to the COVID-19 pandemic. For further information or assistance, please contact Ai Group’s Workplace Advice Line on 1300 55 66 77 or access Ai Group’s or access the Health and Safety Resource Centre. For information about our safety and workers’ compensation consulting and training services, contact: Consulting Services Training Services Trinette Jaeschke David Tiller 0400 282 477 0499 195 307 Tracey Browne Manager – National Safety & Workers’ Compensation Policy and Membership Services FURTHER INFORMATION For further information or assistance, please contact the Ai Group Workplace Advice Line on 1300 55 66 77. Ai Group ©2020 all rights reserved | Advice No: NAT 098/20 | aigroup.com.au/memberadvices | Page 17 of 17
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