On 22 December 2021, the Premier announced a third COVID-19 vaccination will be required for workers that come under an existing vaccine mandate. The third vaccination will be required within one month of being eligible for the booster.

The State Government recently released the mandatory vaccination health Directions for Critical Business Workers, which impacts people working in critical retail, hospitality and accommodation businesses.

Many of the businesses operating under the Critical Businesses Worker (Restrictions On Access) Directions are small businesses who must understand both the requirements for their critical business sites and their workers.

Direction summary

  • From 12:01am on 1 January 2022, a critical business worker, must not enter, or remain at, a critical business site if they have not received at least one dose of an approved COVID-19 vaccine.
  • From 12:01am on 1 February 2022, a critical business worker, must not enter, or remain at, a critical business site if they have not received both doses of an approved COVID-19 vaccine.
  • A critical business worker must receive their third vaccination within one month of becoming eligible for the booster.

Who is considered a critical business worker?

Under these Directions, a critical business worker is:

  • employed or otherwise engaged to carry out activities or provide goods or services at a critical business site, including any voluntary or unpaid workers
  • an apprentice, cadet, trainee, or is on work experience at a critical business site
  • an owner, occupier, operator, or person in charge of a critical business site; and
  • a tradesperson who provides services at a critical business site or a delivery driver who delivers goods to a critical business site, unless they provide services on an ‘ad hoc’ basis (please refer to the Directions for specific information on this topic).

What is a critical business site?

Image
Infographic of the Mandatory Vaccination Business Summary.
Click on the image to open a larger version. This information should not be considered legal advice. Read the full Critical Businesses Worker (Restrictions On Access) Directions and seek independent advice if needed.

 

 

A critical business site under these Directions, includes:

  • a critical accommodation premises such as
    • a hotel, motel, or other accommodation facility or premises to the extent that they provide accommodation services
    • caravan park or camping ground (excluding any part which is a residential park).
  • a critical hospitality premises
  • a critical retail, service or distribution premises
    • a supermarket, grocery store, butcher, fruit and vegetable store or fishmonger
    • retail bakery
    • bulk food shop
    • health food shops
    • a permanent fixture indoor or outdoor market that provides groceries, meat, fruit, vegetables, fish, fresh or prepared food
    • a bank, credit union or building society with a shopfront
    • a retail hardware store
    • a food distribution centre (excluding food manufacturers)
    • a petrol station
    • a veterinary clinic or veterinary hospital
    • a funeral parlour, crematorium or place where funerals, burials, cremations or related activities are performed.

Your obligations as an employer

Your primary obligation as an employer is to only roster on, or otherwise permit to work at a critical business site, a critical business worker who is vaccinated or is an exempt person as outlined in the Directions.

You must also take all reasonable and lawful steps to collect and maintain a record of the vaccination status of each critical business worker.

To help you manage mandatory vaccinations in your workplace, we have created a Mandatory COVID-19 vaccination policy: Good employment practice guide.

Employee obligations

A critical business worker must ensure they meet the vaccination requirements, and provide evidence of their vaccination status, to their employer as outlined in the Directions.

Approved forms of evidence of COVID-19 vaccination 

The Chief Health Officer has outlined the forms of evidence of vaccinations or exemption that a person may provide when requested to do so under these Directions. These include a COVID-19 digital vaccination certificate or an immunisation history showing the COVID-19 vaccination recorded on the Australian Immunisation Register for that person. Full information on valid forms of evidence for COVID-19 vaccinations and exemptions is available here.

Further information

Please note: this information should not be considered legal advice. You should read the full Directions and seek independent advice if needed.

COVID-19
SBDC news
Legal and risk
22 December 2021