As announced today, from 12.01am on Thursday, 10 March 2022 the “very high” caseload setting will take effect, allowing all eligible industries (identified below) to implement the Policy.
Before an employer can apply the Policy it must first register their critical roles with the WA Government. There are however certain exceptions that apply to the registration requirement, for example, critical workers in Schools and Health Care are not required to register.
What must employers do before and while implementing the Policy?
The Policy is intended to be a last resort, following, and not in advance of, actual acute worker shortages and resulting disruptions to essential services.
Employers should seek to find alternative solutions to replace workers and implement all necessary risk mitigation strategies prior to calling on critical workers who are asymptomatic close contacts.
However, in circumstances where employers decide to implement the Policy, they will be subject to the following legal requirements:
- The organisation’s CEO (or a delegate) must identify the roles that fall within the critical worker definition (and register this list on the WA Government’s online portal before applying the Policy at their workplace);
- If details of the critical worker changes, update the details through the critical worker registration process so that they remain true and correct;
- Ensure attendance by the critical worker(s) is voluntary and by mutual agreement;
- Ensure there are plans in place for sourcing and maintaining staffing for critical roles and all efforts to source and maintain replacement staff for critical roles have been exhausted prior to requiring a close contact(s) to attend work;
- Ensure the critical worker(s) is fully vaccinated (including a booster if eligible);
- Ensure there is a system in place for the critical worker(s) to report their daily rapid antigen test (RAT) results to the employer/workplace; and
- Undertake risk assessments to ensure there continues to be in place appropriate mitigations to address the risk of transmission, by a close contact(s) attending work (e.g. social distancing, separate break areas, prevent contact with members of the public, undertake only critical functions).
Where a critical worker becomes a close contact but is asymptomatic, and a replacement worker cannot be found, they can continue to attend their place of employment, provided the employer has implemented the steps outlined above, and the critical worker:
- continues to be asymptomatic
- performs daily RATs prior to each workday
- continues to wear a mask while at work
- uses PPE where possible
- travels alone where possible (or masks and physically distances where possible on public transport)
- isolates when not at work (for 7 days)
If a critical worker becomes symptomatic or returns a positive RAT, they must isolate for 7 days.
Employers are encouraged to plan and prepare in advance of implementing the Policy, and document relevant organisational policies, procedures, and protocols suitable to their workplace and context that support their compliance with the Policy. Where suitable, consultation with staff, clients, stakeholders, residents, and industry bodies/unions, may be used to determine suitability of the Policy. Adequate planning and consideration will likely be required where vulnerable people are involved, such as residential aged care facilities.
Once employers have documented plans, they should consider how their workplace would respond to an outbreak. Preparation should include:
- Communication channels and regularity
- Staff awareness of COVID-19 symptoms and not to attend work if at all unwell
- Developing a clear policy to define screening and/or testing protocols where relevant
- Procuring PPE if necessary, in line with any Chief Health Officer directions
- Cleaning protocols for office equipment (keyboards, door handles, etc.)
- Eliminating shared break areas, and carpooling if possible
- Adjusting rosters to stagger start and finish times
- Determining minimum number of staffing requirements for operations
- Preparing and activating strategy to militate staff shortages (delaying leave, WFH, recruiting additional staff)
- Preparing protocols to keep staff registration information up to date
- Developing protocols to remain up to date on COVID-19 information
Who is a critical worker?
Employers should note that not all workers in eligible industries are critical workers.
The critical worker definition in WA is someone whose role cannot be undertaken at home, and who:
- is critical to the COVID-19 response;
- is critical to the continuation of critical services that prevent significant harm;
- is necessary to the safe continuation of services in an eligible industry; and/or
- requires specialist skills in an eligible industry.
Eligible Industries
The following are listed as eligible industries:
- Transport, freight & logistics, (including public transport);
- Food, beverage and pharmaceutical manufacturing, supply and retail
(e.g. supermarkets, grocery stores and pharmacies); - Petrol stations and truck stops;
- Agriculture (food supply and biosecurity);
- Critical resources (mining, power, utilities, and waste management services);
- Building and construction;
- Corrective and judicial services;
- Police and emergency services;
- Schools (K-12) and childcare
(specific protocols will be in place for these particular settings); - Health care services (medical practitioners, dental, nurses, allied, palliative, health support);
- Social assistance and residential care (disability, mental health, family and domestic violence);
- Veterinary services; and
- Funeral, crematorium and cemetery service
