Consultation regarding vaccination policy

Schools have a general obligation to consult regarding the control measures you are intending to implement in relation to managing the risks associated with infectious diseases including COVID-19 in your workplace.

Specifically, the Work Health and Safety Act 2011 (NSW) requires that persons conducting a business or undertaking must, as far as reasonably practicable, consult, co-operate and co-ordinate activities with workers who are, or likely to be, directly affected by a WHS matter. Consultation is required in a number of circumstances including:

  • when identifying hazards and assessing risks to health and safety;
  • making decisions about ways to eliminate or minimise those risks;
  • proposing changes that may affect the health and safety of workers; and
  • resolving WHS issues.

Consultation involves (amongst other things):

  • sharing relevant information about the matter with workers;
  • providing the workers a reasonable opportunity to express their views, raise WHS matters and contribute to the decision-making process; and
  • taking into account the views of workers and advising workers of the outcome of consultation in a timely manner.

Generally, risk assessments are undertaken regarding the management of infectious diseases including COVID-19 in the workplace, come to a view regarding appropriate control measures and then consult with staff regarding that risk assessment and the intended control measures, as part of your general WHS consultation arrangements.

Whatever proposed vaccination policy you arrive at (whether it is mandatory for some or all or no roles or settings), you will need to consult with staff about that policy before it is adopted and implemented.

Notifying SafeWork NSW

Schools must notify SafeWork NSW in situations where a worker/s has:

  • contracted COVID-19, or is likely to have contracted COVID-19 at the workplace and has been hospitalised due to COVID-19; or
  • a fatality caused by contracting COVID-19 at the workplace or is likely to have contracted COVID-19 at the workplace.

In either event, within 24 hours of becoming aware of that fact, you may contact SafeWork NSW directly on 13 10 50 or complete your notification online.

Notifying the school’s workers compensation insurer

Separately, section 44 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) requires employers to notify their workers compensation insurer within 48 hours after being made aware of a worker receiving a workplace injury. A COVID-19 diagnosis may be a compensable workplace injury as a disease under workers compensation legislation.

It is key to note that, the determination of the existence of a workplace injury will always be judged by its own unique set of circumstances.

Schools are encouraged to carefully consider its workers compensation insurer’s notification obligations to ensure its compliance with policy. Using icare as an example, it requires employers to notify cases where its worker(s):

  • has contracted COVID-19 at school (or was likely to have been contracted at school); or
  • attended the workplace while infected with COVID-19.

Schools may wish to contact their insurer to confirm any additional notification obligations.

If you have any further queries, please contact the Workplace Management Team at AISNSW on 02 9299 2845.