A state of disaster was declared on 2^nd of August in Victoria in response to the increase in coronavirus (2019-nCoV or COVID-19) cases. The escalation to stage 4 lockdown is aimed at reducing the spread and is impacting businesses across the state.

Due to the current environment, employers are now required to notify WorkSafe Victoria immediately when they become aware a worker has received a confirmed coronavirus diagnosis.

The new Regulations, made under the Occupational Health and Safety Act, will assist WorkSafe to reduce the risks to health and safety in the workplace arising from coronavirus.

Timely notification of potential workplace transmission is critical for effective management of related health and safety risks. It will prompt investigation of possible breaches of employer duties.

Employers are required to notify WorkSafe immediately on becoming aware that an employee or an independent contractor has received a confirmed coronavirus diagnosis and has attended the workplace during the infectious period.

Self-employed persons are also required to directly inform WorkSafe immediately on receiving a confirmed coronavirus diagnosis if they have attended the workplace during the infectious period.

The infectious period begins on the date 14 days prior to the onset of symptoms or a confirmed diagnosis (whichever comes first), until the day on which the person receives a clearance from isolation from the Department of Health and Human Services.

Failing to notify WorkSafe under section 38 of the OHS Act can lead to fines of up to $39,652 (240 penalty units) for an individual or $198,264 (1200 penalty units) for a body corporate.

The new Regulations came into force on 28 July 2020 and will remain in place for 12 months.

To notify WorkSafe of a positive coronavirus diagnosis, employers or self-employed persons should call the WorkSafe advisory service on 13 23 60.

Further information can be found here.

GB is as an authorised Victorian workers’ compensation agent, providing workers’ compensation services to businesses throughout Victoria. Whether you need to set up or transfer Victorian workers’ compensation insurance, or you’re an employer, injured worker or broker/accountant/bookkeeper looking to manage your WorkCover insurance we’re here to help you.