A failure to comply without a reasonable excuse is punishable by a fine of up to $20,000 for individuals, and $100,000 for bodies corporate.
Following recent developments in New South Wales, aged care providers who contravene the Directions, may also be held liable for breaching workplace health and safety (WHS) laws.
In NSW, the Public Health (COVID-19 Additional Restrictions for Delta Outbreak) Order (No 2) 2021 outlines several restrictions that specifically apply to construction sites including capacity restrictions and COVID-19 vaccination requirements. A construction worker who lives in an area of concern, must not enter or remain on a construction site unless they meet certain criteria including having received two doses of the COVID-19 vaccine or have had one dose at least 21 days ago.
SafeWork NSW have recently fined three construction companies for failing to implement adequate measures to reduce the transmission of COVID-19. The fines, which total $40,000, were levied in part due to the employers failure to ensure that its construction workers met the vaccination requirements under public health directions. The public health orders related to construction workers included a requirement ‘that they must have had at least one dose of a COVID-19 vaccine at least 21 days ago similar to the requirement contained in the WA Directions.
In WA, ‘an employer shall, so far as is practicable, provide and maintain a working environment in which the employees are not exposed to hazards.’ Based on the above precedent in NSW, a ‘hazard’ is likely to include transmission of COVID-19, and by failing to follow the Directions, it is possible that an aged care facility may be found to have failed to maintain a safe working environment if it permits unvaccinated workers who don’t have an authorised medical exemption to enter the aged care facility.
We recommend that aged care providers familiarize themselves with their obligations under the Directions to avoid liability and/or fines for breaching the Directions.
To read our previous post outlining the requirements of the Directions, click here.
For more information, or to discuss how we may be able to assist your business, please contact Panetta McGrath Lawyers.
