COVID-19 vaccination
Information about COVID-19 vaccinations for workers and workplaces in New South Wales.
COVID-19 vaccines in Australia
The Australian Government remains committed to providing everyone in Australia with access to free, safe and effective COVID-19 vaccines. While the Government encourages as many people as possible to get vaccinated and keep their vaccination status up to date, receiving a vaccination remains voluntary.
Vaccination is the most effective way to protect against infectious diseases. The COVID-19 vaccines available in Australia help protect people by either preventing or reducing the severity of COVID-19 symptoms in the person who has received the vaccine.
Work health and safety duties
Under WHS law, person/s conducting a business of undertaking (PCBUs), usually an employer or business, are required to manage the risks of exposure and transmission of COVID-19 to workers and others in the workplace. COVID-19 must be managed in the same way as any workplace health and safety hazard, by applying a risk management approach (in consultation with workers) to eliminate and/or minimise COVID-19 exposure and transmission risks in the workplace, so far as is reasonably practicable.
SafeWork NSW considers vaccination a high order risk control measure against disease. Vaccination is only one part of keeping workplaces and the community safe and healthy. Even when workers have been vaccinated for COVID-19, PCBUs must continue to apply all reasonably practicable COVID-19 control measures such as physical distancing, good hygiene, regular cleaning and PPE.
The control measures a PCBU uses to manage the risk of COVID-19 will vary depending on the level of risk of exposure to the virus. This includes the nature of the work being done, the work environment and the suitability of controls for each workplace.
Some PCBUs may require workers to be vaccinated for COVID-19 if it is lawful and reasonably practicable to do so. To determine if requiring workers to be vaccinated for COVID-19 is reasonably practicable, factors to consider include:
- eligibility for the vaccine
- personal health
- medical history
- type of work and alternative control measures
- the risk of exposure.
Consideration must also be given to legal implications of workplace vaccination mandates including workplace relations, privacy and anti-discrimination laws. Further information is available from:
- Fair Work Ombudsman
- Office of the Australian Information Commissioner
- Australian Human Rights Commission
PCBUs must regularly review the control measures being used to minimise COVID-19 exposure and transmission risks in the workplace to ensure that they are reasonably practicable and effective to manage the current level of risk.
Consultation
PCBUs must consult with workers and their health and safety representatives (HSRs) about health and safety matters relating to COVID-19 in the workplace. Consultation must occur when:
- assessing the risk of COVID-19 exposure in the workplace
- making decisions about control measures to eliminate or minimise the risk including COVID-19 vaccines
- changing or updating workplace facilities (such as hand washing facilities)
- proposing other changes to the workplace as a result of COVID-19 which may affect the health and safety of workers.
Consultation with individual workers may also be required to identify whether having a COVID-19 vaccine is appropriate for them based on their personal circumstances and assess any objection on a case-by-case basis.
Workers compensation
A worker may be entitled to workers compensation if they contract COVID-19 while at work. In some circumstances, an adverse reaction to a COVID-19 vaccination may be a compensable workplace injury. Further information is available from the State Insurance Regulatory Authority.
More information
NSW Government:
Safe Work Australia: