With New South Wales edging closer to the 70% double-vaccination target required for the state to start ‘opening up’, and the associated changes to restrictions being rapidly made, Holman Webb’s Workplace Relations Group thought it timely to review the status of mandatory vaccinations for employees within New South Wales.
Health orders have been being made, and COVID-19 vaccinations have now been mandated for the following categories of workers:
- Authorised workers in a Local Government Area (‘LGA’) of concern
- Education and care workers
- Aged care workers
- Healthcare workers
- Airport workers
- Constructions workers
- Disability and early childhood care workers
- Quarantine workers
- Transport providers
There are some exemptions, as well as an onus on employers and occupiers of sites to ensure compliance.
Below is a more detailed summary.
Authorised workers
An authorised worker is a worker who lives in one of the declared LGA of concern. At time of publication, these LGAs of concern are Bayside, Blacktown, Burwood, Campbelltown, Canterbury-Bankstown, Cumberland, Fairfield, Georges River, Liverpool, Parramatta, Strathfield and parts of Penrith.
These workers must not leave their LGA unless they have:
(a) received at least one dose of vaccine; or
(b) evidence of an exemption from vaccination; and
(c) travel registration documents.
Education and care workers
These rules apply from late November 2021. They apply to any worker employed in a government or non-government school, early education or family day-care centre. It includes teachers, administrators and maintenance workers.
From 8 November 2021, any such worker must be fully vaccinated, or have a medical contraindication certificate stating why they cannot be vaccinated.
The employer of such a person has an obligation to take all reasonable steps to ensure these rules are complied with.
Aged care workers
A worker must not enter or remain within a residential aged care facility unless they have received at least one dose of vaccine, or have a contraindication certificate.
The operator of the centre has an obligation to ensure that all reasonable steps are taken by the worker to comply.
Healthcare workers
A healthcare worker is someone who either works in a local health district, health administration corporation, ambulance service, statutory or affiliated health service - or who is a paramedic involved in transport, administrative health, or a private health facility.
From 30 September 2021, each worker must have received at least one dose of vaccine, or must have a contraindication certificate. By 30 November 2021, they must have received at least two doses, or have a contraindication certificate.
The employer of such a person has an obligation to take all reasonable steps to ensure these rules are complied with.
Airport workers
A person is considered an airport worker if they are involved in any area of the airport. This includes ground handlers, baggage handlers, cleaners, caterers, engineers, security staff, and people conducting health screening amongst others.
These workers must be doubled-dosed by 28 September 2021. An exemption can only be given by the Chief Health Officer.
The employer of such a person has an obligation to take all reasonable steps to ensure these rules are complied with.
Construction workers
Rules apply to construction workers who live in a LGA of concern. These workers must not enter a construction site within Greater Sydney unless they have been doubled-dosed, or:
(a) have received one dose more than 21 days ago;
(b) have received one dose in the last 21 days, and have tested negative in the last 3 days;
(c) they are exempt from the vaccination and have tested negative in the last 3 days.
A contraindication certificate must be given for exemption from vaccination.
Both the occupier of the building site and the employer have an onus to ensure the rules are complied with.
Disability and early childhood care workers
These rules apply to workers in disability and early childcare centres who either live or work in a LGA of concern.
These workers must have at least one dose of vaccination, or a contraindication certificate.
These rules generally apply to those who work in an early education and childcare facility, or who provide services to a person with a disability, including services funded by the National Disability Insurance Scheme or the Assisted School Travel Program of the Department of Education.
Quarantine workers
Similar to airport workers, this category includes staff involved in the management of quarantine for travellers. It includes quarantine staff, police officers and healthcare staff providing services to people in quarantine.
These people must have two doses of vaccine. An exemption is only permitted if approved by the Chief Health Officer.
An employer has an obligation to ensure compliance.
Transport workers
This requirement applies to workers involved in transport within the quarantine program, including transporting overseas arrivals to and from quarantine facilities, and air crew between the airport and home.
These workers must have two doses of vaccine, and can only receive an exemption if approved by the Chief Health Officer.
Employers of these persons have an obligation to ensure compliance.
Should you have any enquiries about any of these categories or their application, please don’t hesitate to get in touch with Nick Maley, Partner within Holman Webb’s Workplace Relations Group today.