Obligation to notify WorkSafe Victoria of confirmed COVID-19 diagnosis

In brief 1 min read

From 28 July 2020, employers in Victoria are required to notify WorkSafe of any confirmed diagnosis of COVID-19 in the workplace.¹

When the duty to notify arises

Employers and self-employed persons must notify WorkSafe Victoria immediately when they become aware that:

• an employee, independent contractor, employee of the independent contractor or self-employed person has received a confirmed diagnosis of COVID-19; and
• the employee, independent contractor, employee of the independent contractor or self-employed person has attended the workplace within the relevant infection period.

An employer is 'aware' of the incident when they have been notified of the confirmed diagnosis by either:

• the employee, independent contractor, employee of the independent contractor; or
• the Department of Health and Human Services (the DHHS).

The relevant infection period:

• commences on the earlier of the following dates:
• 14 days before the onset of symptoms consistent with COVID-19; or
• a confirmed COVID-19 diagnosis; and
• ends on the date the person receives a clearance from isolation from the DHHS.

Requirement to clean and disinfect the site

To prevent further transmission, the site must be cleaned and disinfected (there is no requirement to preserve the site).²

Failure to comply

Reporting can be done online or by phone (13 23 60). Failure to comply can result in penalties (for each offence) of up to:

• $39,652.80 for individuals; and
• $198,264.00 for companies.