The Governor in Council made the Occupational Health and Safety (COVID-19 Incident Notification) Regulations 2021 (COVID-19 Incident Notification Regulations).

These new regulations will commence immediately and will be in place for 12 months until 27 July 2022.   

The COVID-19 Incident Notification Regulations mirror the Occupational Health and Safety (COVID-19 Incident Notification) Regulations 2020, extending the operation of Part 5 of the Occupational Health and Safety Act 2004 (OHS Act) to require duty holders to notify WorkSafe if:   

• An employer becomes aware that an employee or independent contractor engaged by the employer, and any employees of the independent contractor, has received a confirmed diagnosis of COVID-19, and has attended the workplace within the infectious period (being 14 days prior to receiving the confirmed diagnosis of COVID-19 and until clearance from isolation has been received); or 

• A self-employed person has received a confirmed diagnosis of COVID-19 and has attended the workplace within the infectious period (being 14 days prior to receiving the confirmed diagnosis of COVID-19 and until clearance from isolation has been received). 

Failing to notify WorkSafe under section 38 of the OHS Act can lead to fines of up to $43,617 (240 penalty units) for an individual or $218,088 (1200 penalty units) for a body corporate. 

WorkSafe will continue to play a critical role in supporting the Department of Health (DoH) to respond to COVID‐19 cases in the workplace, ensuring the safety of employees and ensuring that employers are complying with their duty to maintain safe workplaces. 

To notify WorkSafe of a positive COVID-19 diagnosis, employers or self-employed persons should visit https://www.worksafe.vic.gov.au/report-confirmed-positive-case-covid-19 and submit an incident notification or call the WorkSafe advisory service on 13 23 60. 

MBV Members are invited to contact the OHS team if you have further questions about incident notification obligations on (03) 9411 4555.