• Updates to the NSW Workers Compensation Scheme

    Updates to the NSW Workers Compensation Scheme

    Intro

    Amongst the turmoil and changes affecting the Victorian workers’ compensation scheme, the NSW Government has also made changes that will affect premiums in the 2023/24 period. The changes are less impactful for policyholders than affected Victorian businesses, but the news that premiums will be increasing for many employers will place undoubtedly place additional pressure on businesses that are already facing rising costs.

    Fresh to office, the Minns Labor government, keen to make changes to the struggling icare model, has confirmed that increases in average rates will be capped at 8% per year for the next three years. Industrial Relations Minister Sophie Cotsis issued a directive to the chairman of icare recently, in which she described the state of the insurer as “dismal” and “deeply disappointing”, reinforcing the position that the Labor government will be taking decisive action in an attempt to rectify the position of the insurer.

    Minister Cotsis’ directive to icare came shortly after the Sydney Morning Herald revealed that icare had requested that premiums be increased by hundreds of millions of dollars in an attempt to reverse what the outlet described as a “parlous financial position”.

    Labor pushes back

    Employers will be relieved to learn that the Labour government rejected the proposed change by icare, which would have seen an eye-watering 22% increase in premiums. However, there is some pain across certain industries and Minister Cotsis “acknowledged that small increases put off over the past seven years have now burdened the public with the need for a large increase.”

    Premium rates will increase as a percentage of wages from 1.48% to 1.60%, but the increases are conditional. Of 526 industry classifications, which many have been watching closely, 45 will remain the same. In total, 264 industry classifications will be affected by an increase of less than 8%, with 217 set to increase by more than 8%.

    So where will the pain be felt? icare has determined that health and community services (increase expected at 12.5%) and transport and storage industries (14%) require the most significant improvements. As always, we recommend speaking with one of our experienced workers compensation experts to determine how the rate increases will affect your respective industry.

    However, this week, it was revealed that some employers will experience premium increases of more than 16% as the insurer released its external premium filing update 2023-24. icare desperately needs funds before the end of the week (EOFY) to continue paying injured workers, which the Treasury has agreed to, with Treasurer Daniel Mookhey explaining that the “investment shows our commitment to backing the men and women who work towards protecting the rest of us.”

    Per a spokesperson, icare said that, “Premiums can increase due to business growth, higher wages, changes in industry profile or increases in average premium rates. The scheme average premium rate increase for 2023-24 is 8 per cent, and the industry profile is based on “risk of workplace injury and death”. Riskier industries will pay more. Safer industries will pay less. Taking into account these risk profiles, some increases will be lower than the average and some higher,” the spokesperson said.

    The full list of new rates is available here.

    What other changes are there?

    For those with premiums that are calculated conventionally, there are different changes to consider. The Employer Safety Incentive, which has been in place since 2013, and is made up of a flat rate rebate from premiums based on wages multiplied by an industry rate, is being removed. Originally, the policy was designed for employers to spend that rebate on safety initiatives. Many in the industry consider it to be a hollow commitment to safety and that employers looked only at the final number rather than any concessions.

    In it’s place will be the Safe Employer Reward, which will be provided to employers, based on their performance, with the best-performing employers still receiving the previous rebate. However, poorly performing employers who report below the industry average will not receive a rebate at all. Estimates by icare put 35% of experience-rated employers as no longer eligible for the rebate, and those employers represent a massive 91% of claims costs. While the commitment to safety is explicit in the intent of the change, it will mean further financial pain for employers on top of increased premiums, and those critical of icare have earmarked it as a way for the insurer to increase revenue while still remaining below the premium increases imposed by the government.

    As part of the changes, icare has also indicated that it is looking to streamline various processes, with an eye to minimising costs and increasing efficiency. Notably, this means that they will be committed to receiving actual wages declarations from employers, and for small employers who don’t submit actual wages, estimate wages for future years will increase by 30%. In addition, icare will no longer send cheques for refunds and will also begin charging interest fees on overdue invoices.

    So what can I expect?

    The recent statement by the new Premier acknowledging the need for transparency and addressing challenges in the economy resonates with employers who understand the importance of proactive risk management.

    The government is actively addressing the management of icare, which has been referred to as “neglect” by the Premier. The rejection of sharp premium increases reflects an understanding of the financial constraints businesses face.

    In light of these developments, employers who recognise the significance of workplace safety as a crucial factor in managing workers compensation premiums will likely be in a better position than those who do not. By implementing robust safety measures, businesses can reduce the likelihood of accidents and injuries, leading to fewer claims and, ultimately more favorable premium rates, which is paramount as the rates increase.

    To effectively address the forthcoming changes, employers should work closely with experienced workers compensation advisors who can provide valuable guidance and support. These advisors have a deep understanding of the evolving landscape and can help businesses navigate the complexities of the scheme, optimise coverage, and minimise the financial impact of premium increases.

    For a review of your workers compensation insurances and management, please feel free to reach out to the Eighteen33 team here.

  • Updates to the Victorian Workers Compensation Scheme

    Updates to the Victorian Workers Compensation Scheme

    Introduction

    Ahead of the end of the financial year, many brokers will be balancing their attention between renewals and the impending changes to the Victorian workers compensation scheme. The limitations of the scheme were widely publicised earlier this year when the Andrews government declared it as dated and “not fit for purpose” and summarised it as “fundamentally broken”.

    Various factors dictate the premium prices paid by employers, not only within the insurance market and influences therein but also political factors. The Victorian Labor government is under pressure to match its pre-election promises of prioritising mental health care in the state against increasing mental health claims under the scheme, which have contributed to significant claims costs and have indefinite and often more prolonged timelines than recovery from physical injuries.

    The increasing costs of the workers compensation scheme, particularly in regards to mental health claims, are a major concern to the government, with the system primarily designed – and its capacity testing for injured workers – for physical injuries, not mental health injuries.

    Changes to Mental Health Benefits

    As well as premium increases, the government has also announced that it intends to change a section of the legislation that will result in the limited availability of benefits for those on mental injury claims. Those limits will be placed on workers suffering stress or burnout, who will no longer be able to access weekly benefits. They will instead be eligible for interim payments for up to 13 weeks to cover medical treatment. Enhanced psychosocial support and early intervention programs are likely to play a key role as the changes are implemented.

    There has already been significant criticism of this move, with Katrina Norris, the director of the Australian Association of Psychologists, who spoke to the ABC, noting that the changes undermine the “very real and lived experiences of those who have been psychologically injured” at work.

    “Taking aim at psychological injury for being the higher cost, longer duration problem child of workers’ compensation claims, simply ignores the fundamental flaws and limitations to the state’s workers’ compensation scheme.”

    Premium Numbers

    On May 19 this year, new information released by the government highlighted the predicted increases and the pressure that growing claims costs have put on the bottom line of the scheme. On average, the scheme rate will increase from 1.272% to 1.8%, close to a 42% increase.

    There is also the potential that premium caps – which will be familiar to NSW-based workers compensation specialists – may also be introduced, in some cases as well as the immediate premium increase. Premium caps, if introduced, would provide a ceiling for premium rates, limiting the amount employers have to pay. This measure aims to ensure that the burden on businesses remains manageable and allows them to budget more effectively. However, the potential introduction of premium caps has also sparked debate and uncertainty among industry experts.

    Proponents argue that premium caps can prevent excessive premium hikes and stabilise businesses. They believe that by implementing a maximum limit, the government can strike a balance between adequately compensating injured workers and avoiding the risk of exorbitant premium costs. Also, premium caps have succeeded in other jurisdictions, such as New South Wales, where they have helped stabilise premiums and provide certainty for employers.

    On the other hand, critics of premium caps express concerns about the potential consequences of such a policy. They argue that capping premiums may undermine the fundamental purpose of the workers compensation scheme, which is to ensure fair and adequate compensation for injured workers. Imposing limits on premium rates could result in reduced benefits for injured employees, hindering their recovery and adding financial stress during an already challenging time.

    How to Best Respond?

    One of the most effective ways to prepare for these changes is by prioritising workplace health and safety as a preventative measure. By creating a safe and healthy work environment, businesses can reduce the likelihood of workplace injuries and subsequent workers compensation claims. This proactive approach not only safeguards the well-being of employees but also helps in managing claims costs and maintaining lower premium rates.

    Investing in workplace health and safety initiatives demonstrates a commitment to the welfare of employees and can contribute to a positive organisational culture. Employers should regularly review and update their safety protocols, provide comprehensive training programs, and encourage open communication regarding health and safety concerns. By fostering a culture of safety, businesses can prevent accidents, injuries, and subsequent claims, ultimately leading to improved financial outcomes.

    In addition to focusing on workplace health and safety, businesses should also seek guidance from specialist workers’ compensation advisors. These experts have a deep understanding of the evolving landscape and can provide valuable insights and strategies to navigate the changes in the workers compensation scheme. Collaborating with advisors allows businesses to explore all available options, optimise their coverage, and minimise the financial impact of premium increases.

    The Eighteen33 Approach

    Taking proactive action and seeking expert advice will position businesses for the best possible outcomes in the face of rising workers compensation premiums. By prioritising workplace health and safety and leveraging specialist knowledge, employers can mitigate risks, support their employees’ well-being, and ensure the long-term sustainability of their operations.

    In this evolving landscape, businesses that adapt and respond effectively to the changing workers compensation scheme will be well-positioned for success. Working with our experienced workers compensation consultants can offer support and guidance in navigating these changes, with our team able to assist in understanding the complex changes, while also working with you to ensure your coverage is optimal and that your business is ideally positioned to adapt to the financial impact of the increases to premiums.

  • WHS Regulations: Then & Now

    WHS Regulations: Then & Now

    The first workplace health and safety laws were born out of the industrial revolution in the United Kingdom, which primarily worked to protect children in the workplace. Initially, these laws were applied throughout workplaces like factories and mine sites where visible and physical hazards were the most likely risk to the health of workers. Nowadays, many of the dangers in the workplace are not visible to the average bystander.

    Growing evidence that supports improved safety mechanisms when working with silica-containing products, as well as legislation that worked to protect asbestos-related lines of work, are good examples of non-visible risks in the workplace, particularly as both have long-term effects upon a person’s health, rather than just their immediate physical safety.

    Recent discussions in Victoria as to the limitations or proposed changes to their workers compensation scheme, particularly regarding mental health, highlight that safety systems must go beyond immediate or physical threats to a worker but must also consider the psychological ramifications.

    Several states have introduced regulations in Australia as part of their workplace health and safety legislation to address psychosocial hazards. These hazards include things like high levels of job demand, poor employee support and poor organisational justice.

    Regulator’s increased focus on psychosocial risks poses a unique series of challenges for those in the role of duty holders, not only highlighting the vast differences between the initial establishment of WHS legislation and its focus on immediate physical risks to employees but because of the extensive range of psychosocial hazards and their broad scope of variability.

    The most recent jurisdiction to implement new regulations was the Northern Territory, bringing it into line with New South Wales, Queensland, Western Australia and Tasmania, where psychosocial regulations are already part of their workplace health and safety regulations.

    In New South Wales, Western Australia and Tasmania, an exception exists, which means that a person conducting a business or undertaking does not need to apply the hierarchy of controls when determining the control measures as they apply to psychosocial risk.

    Queensland and the Commonwealth model regulations have removed this exception, meaning that duty holders there are subject to stricter regulation, requiring them to apply the hierarchy of control measures and include psychosocial risks in that application.

    These changes to regulation and legislation across swathes of the country show that those managing the regulatory authority are taking psychosocial risks seriously and applying this consideration to all industries, not just those that may have traditionally been considered risky.

    The changes also highlight that the impetus to provide a healthy and safe working environment applies across every type of risk, and employers throughout the country should be considering how they manage their legal and regulatory risks in response.

    A proactive approach to any hazard or risk, including psychosocial hazards, requires risk assessments, similar to any other task within the workplace. Additionally, these risks call for effective leadership, tailored solutions that work to address the concerns and challenges contained within each specific business, and broad consultation with workers.

    The overarching theme of these new changes is, as it has been throughout the history of workplace health and safety legislation, that active prevention is required rather than treatment in order to ensure the safest and best-practice procedures within workplaces.

  • National update to workplace sexual harassment protections

    National update to workplace sexual harassment protections

    The Australian Government has introduced new legislation as part of amendments to the Fair Work Act which expands protections from sexual harassment to protect workers, future workers and people conducting a business or undertaking.

    The changes are now in place, having come into effect on March 3 this year. We’re providing this update to ensure that all people undertaking or conducting business understand their responsibilities as it pertains to sexual harassment in the workplace.

    The new protections apply alongside previous protections regarding sexual harassment in the workplace and apply to workers, including employees, contractors, work experience students, volunteers, future workers, and people conducting a business or undertaking. The protections also include sexual harassment perpetrated by third parties, such as customers or clients. The Fair Work Commission will not apply the protections retrospectively.

    A person or company can be liable for sexual harassment that is conducted by an employee or agent in connection with work, even if they were involved in the employer’s contravention. Employers are required to consider and implement reasonable steps to prevent workplace sexual harassment in the workplace if they are to possibly avoid future liability and significant penalties.

    Eighteen33 can assist by assessing and managing the risk of sexual harassment in your business or company. Our experienced consultants can also develop a bespoke strategy to help minimise the risk to your company and workers, in respect of the nature of your business.

    In line with these new laws, the Fair Work Commission now has greater powers to address the issue and is now able to deal with disputes about sexual harassment by conciliation, mediation or making a recommendation.

    In an instance where the dispute cannot be resolved through these means, the commission may also be able to escalate to arbitration, where they can make an order for compensation or lost wages and require a person to do something that’s reasonable to remedy any loss or damage suffered.

    The Fair Work Ombudsman also has the power to assist regarding cases of sexual harassment, usually once an employee has already sought help, such as from the Commission. This includes investigating a workplace for non-compliance with laws prohibiting workplace sexual harassment and taking action when someone doesn’t comply with a Commission stop sexual harassment order.

    If you believe you have been sexually harassed in connection with work, we have provided a list of resources below.

    • If you feel unsafe now, phone 000.
    • If there is no immediate danger, but you need police assistance, phone 131 444.
    • 1800RESPECT is the national domestic, family and sexual violence counselling, information and support service.
    • Lifeline: 24-hour crisis support and suicide prevention, Ph: 13 11 14, Website: lifeline.org.au
    • Beyondblue: Mental health support, ph: 1300 224 636, Website: org.au
  • An update on likely changes to the Victorian workers compensation scheme

    An update on likely changes to the Victorian workers compensation scheme

    The Victorian Labor government is mulling significant changes to the state’s workers’ compensation scheme, including cuts to benefits and premium increases, following the end of a review period which has resulted in the government declaring the scheme unworkable.

    While the language might sound alarming, it’s critical to note that for the scheme to function as intended, a certain balancing act is required between the costs paid and the cost of premiums. In the last 12 years, premiums have not increased despite the rate of liabilities increasing three-fold. According to government figures, the number of active WorkCover claims past the 130-week mark has almost doubled since June 2016, while there have also been significant increases in the payouts for mental injuries, which are highly complex.

    Victorian Trades Hall Council secretary Luke Hilakari said that they back a higher premium rate for businesses, explaining that the state has “some of the lowest contributions from businesses, as a percentage, of any state or territory. That’s a major problem. But we want to make sure workers’ support is maintained. And we want clever ways to intervene early to get them back to work. Mental health claims are on the rise, so we need a really well-functioning scheme.”

    While any changes to premiums won’t be confirmed until the premium 2023/24 audit is gazetted, it’s worth considering whether your business will be affected. The likely changes include higher industry rates and the introduction of premium flooring, which will be familiar to NSW clients, but new to Victorian clients.

    Proposed changes like industry reclassification, limits to claim cost recoveries and the reintroduction of lump sums and death benefits in premium-impacting claims costs are in the hands of the government, making it highly unlikely that you can take any action to influence your premiums. However, claims costs and effective claims management are among the few areas where you can positively impact any likely premium forecast.

    Claims management plays a crucial role in working to manage your costs, and Eighteen33 are ideally positioned to discuss your risks with you, with a focus on ensuring your business has optimal safety standards and is actively preventing injury and illness at work whilst ensuring we utilise all of our available tools to assist your employees return to work quickly and safely after a work-related injury or disease.

    Contact us today for a complimentary review of your insurances.

  • Elevated risk of self-harm among employees with work-related injury and illness

    Elevated risk of self-harm among employees with work-related injury and illness

    A new study by Monash University’s School of Public Health and Preventative Medicine found that workers who cannot attend work due to an injury or illness are at a higher risk of intentional self-harm and even suicide. The study highlights the importance of worker support and ensuring adequate mental health support during an injury or illness.

    The study collated 47 studies from the last two decades across 16 countries and examined the relationship between a disabling injury or illness sustained at work and later self-harm.

    The review concluded that the risk of suicide was elevated for those on workers’ compensation claims, long-term sick leave or those receiving disability payments.

    Professor Alex Collie, the lead researcher, explained that the results suggest that governments and employers need to focus on identifying at-risk workers and actively pursue suicide prevention initiatives.

    “We found consistent evidence of a link between being off work sick or injured and later suicide,” Professor Collie said. “We see this link in many countries and in people with different types of health conditions.”

    The majority of the studies looked at found that people with a work injury or illness were at a greater risk of self-harm or suicide. Professor Collie said that “looking across all of this evidence, we also found a number of things that increase the risk of suicide, such as being off work for a long time, younger age, living alone, having a history of poor health or a mental health condition.”

    One significant takeaway from the report is that people who had significant periods off work were at much high risk than those who had shorter absences and returned to work. Being out of work with injury or illness for weeks, months or years was linked with a significantly increased risk of suicide and self-harm.

    “But time away from work doesn’t necessarily reflect the severity of injury or illness,” Professor Collie said. “It may also indicate that the person has received poor quality medical treatment, has delayed seeking help, or has other behaviours that can affect recovery such as substance misuse.”

    The review’s authors suggest that working with employees towards the most appropriate and timely return to work may reduce the risk of self-harm.

    “When it comes to reducing time off work, we know what good interventions look like,” Professor Collie said. “This review adds another dimension and suggests by supporting sick and injured workers to return to work; we may also be able to reduce the risk of suicide.”

    “Suicide prevention should not be left just to the healthcare system. We have opportunities through systems that support sick and injured workers, like workers’ compensation and social security, to identify people who are at higher risk and to provide supports and services that reduce those risks.”

  • A reminder about electrical tag & testing as the year starts

    A reminder about electrical tag & testing as the year starts

    The ACT’s workplace safety regulator has confirmed that it recently received a report of a worker who received an electric shock by way of a faulty cord on a laptop charger and charging station.

    The regulator has explained that contact with damaged or exposed wiring or live equipment can lead to serious injury, including electrical burns, bruising, electrical shock or even death. They reminded the public that under the WHS Act, it is the responsibility of persons conducting business and undertakings, or PCBUs, to manage risks to work health and safety, including identifying and controlling risks of electric shock in the workplace.

    It is worth noting that despite its prevalence, electricity is a significant hazard in workplaces. It accounted for 2% of annual workplace fatalities in Australia and made for 1,679 serious injuries in the most recent reporting period.

    Any electrical equipment in a workplace via an electrical socket must be regularly inspected and tested, and January is an excellent time to ensure that all the electrical equipment in your workplace has been tagged and tested by a licensed professional. It is particularly important for workplaces where the equipment is used in a way that it could be damaged.

    PCBUs are also reminded that they must immediately disconnect any unsafe or untested electrical equipment from their electrical supply. Once disconnected (or isolated), the equipment must not be reconnected or used until it is replaced, repaired or tested by a competent person and found safe. Alternatively, the equipment can be replaced or permanently removed from use.

  • Support for young workers critical for safety in the workplace

    Support for young workers critical for safety in the workplace

    Employers who hire young people new to the workforce this year are being urged to ensure that new workers are appropriately supervised and trained in their new role.

    Queensland’s Industrial Relations Minister Grace Grace explained that the safety messaging is particularly important at this time of year, and critical in light of young people having some of the highest rates of injury of any group in the Australian workforce.

    “With lots of young people heading into the world of work for the first time, it’s a good time to remind employers they have a duty of care to train and supervise them in proper safety procedures,” Ms Grace said.

    “The message for employers is clear – young workers are keen to do a good job for their new bosses but often lack experience in how to work safely. So give them the right tools and set them up for success.”

    She also reiterated that young workers need to have adequate on-the-job training that ensures they understand risk management strategies and their right to a safe work environment.

    Workers under 25 make up at least 14% of the Australian workplace, and the ABS reported that 14,000 young workers had serious workers’ compensation claims in 2018?19, representing approximately 12.4% of all serious claims in that period.

    The call for strong safety messaging comes after a number of separate incidents, which highlight the importance of Ms Grace’s key messages: training and supervision. They also show that the penalties for failing to appropriately induct, train and supervise young workers can be severe.

    In one case in NSW, a Hunter Valley metal fabrication business was fined $240,000 after a work experience student sustained permanent loss of vision to both eyes as a result of ‘flash burn’ from welding without eye protection. While he had been inducted and given a safety guide, he was not provided with the appropriate information as to how to wear and use his personal protective equipment.

    In a separate incident, a Coffs Harbour manufacturing business was fined $250,000 when a 17-year-old work experience student had the tips of two fingers crushed and amputated when his hand got caught in a brake press machine.

    Businesses are reminded that prevention and appropriate workplace training are essential, particularly for new workers, and each state and territory’s safety regulator has information to inform and educate both young workers and their employers.

    There are a number of steps you can take to ensure the safety of young workers, including appropriate levels of supervision; adequate safety inductions, training and support; and ensuring young workers feel they can ask for support or assistance where needed.

  • Case Study: Notifiable Incidents & Reporting

    Case Study: Notifiable Incidents & Reporting

    A Victorian carpentry company has been sentenced after being found guilty of eight charges under the Occupational Health and Safety Act, in addition to paying court costs of $5,715.

    The case highlights the importance of incident reporting and ensuring PCBUs are aware of their responsibilities when it comes to incident reporting to the relevant safety authority.

    In March, an apprentice carpenter at the site was injured when he attempted to catch a reciprocating saw thrown to him by a colleague. He suffered a deep laceration to his hand, which was treated on-site, but not reported to WorkSafe.

    Later that day, the apprentice was working with the same colleague to construct a doorframe. They were facing each other at opposite ends of the frame, using nail guns. The colleague fired his nail gun, which perforated the top plate of the wooden frame and struck the apprentice in the forehead, resulting in a severe injury to his skull and brain. This incident was also not reported to WorkSafe.

    Following the surgical treatment of the apprentice at the Royal Children’s Hospital, Victoria Police were alerted to the incident and notified WorkSafe, who attended the worksite and began their investigation. They found that the carpentry company had removed all tools, excluding one nail gun, before the inspectors arrived at the site.

    In the court case following the investigation, Topline Carpentry was found guilty of failing to report both incidents, failing to preserve the scene, and failing to provide written reports to WorkSafe. The investigation also led to one count of failing to provide and maintain a safe system of work for the assembly of the doorframe, and obstructing an investigation by intentionally concealing the location or existence of the nail guns from WorkSafe inspectors.

    WorkSafe Executive Director of Health and Safety Narelle Beer said that the case showed how vulnerable young workers can be: “I’m appalled at the conduct and actions of this employer towards a young, inexperienced worker who now has a permanent scar on his head and continues to experience discomfort.”

    “This prosecution sends a strong message to employers, colleagues and families that this type of treatment and behaviour is unacceptable. WorkSafe will not hesitate to investigate and hold accountable anyone who acts in such a vile manner.”

    The worker who threw the saw was fined without conviction separately.

    The conviction and fine of the company highlight the importance of notifiable incidents and ensuring you follow the required processes in your state. For example, in Victoria, WorkSafe requires employers and self-employed persons to notify WorkSafe immediately after becoming aware a notifiable incident has occurred.

    Failure to report an incident to WorkSafe is an offence and may result in prosecution, as in this example. In this instance, the incident was notifiable because the young worker required medical treatment for the initial laceration.

  • Can I mandate that my staff be vaccinated?

    Can I mandate that my staff be vaccinated?

    The short answer to this question is that it is yet to be tested under the relevant legislation.

    The situation at present is this: food giant SPC has come out as the first business to mandate vaccinations for its workforce, which has seen pushback from both union bodies and those who are against mandatory vaccinations. QANTAS recently followed suit to require all front-line staff be vaccinated.

    The federal government has refused to mandate vaccines for workplaces, meaning the issue of vaccinating the workforce, or not, comes under each state’s relevant workplace health and safety legislation. While the legislation varies from state to state, the overarching requirement from the laws is that workplaces are required to take reasonable and practicable steps to ensure the health and safety of employees.

    According to the Sydney Morning Herald, who spoke with Safe Work Australia:

    “Safe Work currently advises that requiring workers to be vaccinated is generally not a reasonable requirement, but a spokeswoman said it was working with other agencies to ensure its advice was consistent and would update it as necessary.”

    While the workplace regulator is yet to firm that advice, many businesses are seeking guidance from the federal government as to what they can and cannot do.

    As the situation stands, employers should follow the health advice and public health orders in each state as they apply to businesses and employees. There are specifics for certain sectors, including health and aged care, which must be considered for those industries. Outside of that, we recommend reaching out to your trusted employment lawyer to determine the litigation liability attached to the action.

    As of 17 August, Federal Industrial Relations Minister, Michaelia Cash, has formally requested a meeting between employer associations and unions regarding vaccines in the workplace, which will also be attended by the Fair Work Ombudsman, Australian Information and Privacy Commissioner and chief executive of Safe Work Australia. We will provide further information as it comes to hand.

    As the situation is ever-changing, we recommend speaking with an Eighteen33 team member for any clarification on any of the above information or visiting the website of your state’s worker’s compensation agency.

    For further information, Sparke Helmore, specialists in Workplace Law have released a podcast that covers off some of the legislative-based challenges.