The Attorney General’s Department has released a draft Model Code of Practice relating to COVID-19.
The draft Code of Practice is general in nature and aligned to the National COVID-19 Safe Workplace Principles and Safe Work Australia’s Industry guidance.
The draft Code of Practices describes symptoms of the virus and how it is spread. It defines close contact and notes that the virus can survive on surfaces for hours to days depending on the surface material and prevailing environmental conditions.
In keeping with WHS legislation duties in relation to COVID-19 are held by the employer (PCBU), people in management or control of workplaces, Officers, workers and other persons in the workplace. The duty is to minimize the risk of exposure to COVID-19 in the workplace such as undertaking cleaning, physical distancing and not attending work if unwell.
There is a need for ongoing consultation with workers regarding the risk and controls implemented as well as consultation, cooperation and coordination with other duty holders e.g. building owners, property managers or other businesses sharing premises. There is also a need to provide information, training, instruction and supervision regarding the risk and control measures required. Employers cannot assume people know.
To meet the obligation to provide a safe work environment the PCBU must ensure adequate cleaning, supplies or disinfectant, cleaning products and sanitizer and PPE are available as well as suitable physical distancing whilst ensuring that no risks are created by these actions. This includes review emergency plans to ensure any evacuation etc maintains physical distancing as far as possible and also includes actions to take if a worker or other in the workplace is diagnosed with COVID-19.
To manage the risk of spreading and contracting COVID-19 in the workplace employers need to review the rules for entry to the workplace, workers travel requirements, changes to services and customer expectations, physical layout of workplace and activities undertaken. Remember changes to work, systems of work or conditions at work may lead to the introduction of other risks e.g. psychological risk or increased risk of manual handling or workplace violence and these also need to be assessed and controlled.
The draft Code of Practice also discusses the need to consider worker’s advice that they may have increased vulnerability and conduct a risk assessment with the worker and their representatives to identify suitable controls to minimize risks of exposure e.g. alternative, duties or locations. Remember under WHS legislation worker have the right to refuse work or cease work if there is a reasonable concern that they would be exposure to a serious risk to their health and safety from an immediate or imminent hazard.
Key control measures are discussed including not letting people with symptoms attend the workplace or managing them if in the workplace (remember workers must follow any reasonable health and safety instruction notified by the PCBU, physical distancing, cleaning and disinfection, good hygiene, and ventilation so that there is as much fresh air as possible in the workplace. The use of Personal Protective Equipment is also discussed.
Control measures should be implemented when ‘reasonably practicable’ and always be in line with local public health laws which may change from time to time. Control measures need to be monitored and ongoing consultation and communication occur.
Psychological risks to health and safety resulting from COVID-19 are discussed and also need to be managed as far as reasonably practicable. Actions to take if there is a case of COVID-19 in the workplace including supporting them to leave safely, notifying others, cleaning and disinfecting and allowing people to resume work after illness or quarantine. Consider if you are required to notify the regulator of the incident and if there may be a workers compensation claim if potentially acquired through exposure at work.
A number of links are supplied:
A. National COVID-19 Safe Workplace Principles
B. Jurisdictional WHS regulators
D. Checklist: What can I do to keep my workers safe at the workplace and limit the spread of COVID-19
F. How to clean and disinfect where there is a case of COVID-19 in a workplace
