COVID-19 CORONAVIRUS - The Australian Industry Group

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AUSTRALIAN INDUSTRY GROUP

                   COVID-19 CORONAVIRUS
                   MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020

        Victorian Roadmap to Reopening
        Restrictions and Risk Controls
        The most recent updates to this Advice appear directly after the Introduction.
        This Member Advice consolidates information in relation to restrictions on business
        operations and required COVID-19 risk controls in Victoria.
        With effect from 11.59pm on 8 November 2020, there has been a further easing of
        restrictions in both metropolitan Melbourne and Regional Victoria, with the restrictions
        now applying consistently across Victoria. Victorians can now move freely around the
        state, with Melbourne’s 25km restriction removed and travel restrictions between the
        Melbourne and regional Victoria no longer in place.
        There continues to be a requirement to work from home unless it is not reasonably
        practicable to do so.
        All Victorian workplaces are still required to have a COVIDSafe Plan and continue to
        comply with the specific risk controls that are established by the Workplace Directions
        and the Workplace (Additional Industry Obligations) Directions to minimise the risk of
        COVID-19 being transmitted in workplaces. The Roadmap also includes a series of
        Victorian COVIDSafe principles for businesses, some of which are mandated in
        Directions and others which are recommended.
        Workers who are required to isolate or quarantine due to COVID-19 may be entitled to
        receive hardship payments. Information and eligibility can be found here.
        Information about interstate border closures can be found here.

     INTRODUCTION
     This Member Advice has been developed to provide employers with information on the status of
     restrictions under the Roadmap and the risk controls required to minimise the risk of the spread of COVID-
     19 in workplaces. It focuses on the obligations established by the Workplace Directions and the Workplace
     (Additional Industry Obligations).

     Businesses whose activities predominantly involve providing services to the public should also refer to
     detailed information in the Restricted Activity Directions (Victoria) that cover issues such as limits on patron
     numbers.

     Effective from 11.59pm on 8 November 2020, there has been a further easing of restrictions in both
     metropolitan Melbourne and Regional Victoria. Victorians can now move freely across the state.

Ai Group ©2020 all rights reserved     | Advice No: NAT 098/20 | aigroup.com.au/memberadvices | Page 1 of 17
AUSTRALIAN INDUSTRY GROUP

                   COVID-19 CORONAVIRUS
                   MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020

     In his media statement on 8 November 2020, the Premier indicated that “from 22 November – and in line
     with the public health advice – Victoria is on track to reach the Last Step in our roadmap towards
     reopening”. An attachment to the media release provides a summary of what is proposed for
     22 November.

     The current Roadmap states that Victoria will go to COVID Normal when Victoria has:
     • no new cases state-wide for 28 days; AND
     • no active cases state-wide; AND
     • no outbreaks of concern in other states or territories.

     More information about the Roadmap for Reopening, including downloadable PDFs that illustrate the
     targets and stages can be found here, including specific roadmaps for individual industries to reopen or
     increase the number of workers on site. Note, at the time of finalising this Advice the Roadmaps had not
     been updated to reflect the most recent changes.

     UPDATES TO THIS MEMBER ADVICE

     This Member Advice is updated when substantive changes are made to Directions or guidance.
     Information about the changes that are effective from 11.59pm on 8 November, and amendments made
     on 15 November are outlined below. This summary of updates needs to be read in conjunction with the
     body of this Member Advice which outlines all current obligations and provides a summary table of
     obligations for easy reference.

     To avoid any confusion, as we are moving out of the significant restrictions imposed since the start of the
     second wave, the summary of previous updates has been removed from this document. Any information
     that is still relevant is incorporated into the body of this Member Advice.

     UPDATES AT 17 NOVEMBER 2020

     Abattoirs, meat processing, seafood processing and poultry processing.

     The Workplace (Additional Industry Obligations) Directions (No 12) issued on 15 November 2020 have
     reinserted two obligations that were removed from the No 11 Directions that commenced at 11.59pm on 8
     November 2020. It appears that the requirements were removed in error.

     The requirements placed on these workplaces to undertake temperature testing and restrict carpooling
     have been reinstated as previously written.

     UPDATES AT 9 NOVEMBER 2020

     The following key changes have occurred with effect from 11.59pm on 8 November 2020:

     •   There is no longer a requirement for businesses such as cafes and restaurants in Regional Victoria to
         ensure that people from metropolitan Melbourne do not use their services.
     •   Work travel permits are no longer required for workers travelling between metropolitan Melbourne
         and Regional Victoria.
     •   The Workplace Directions now include more detailed requirements about handling of personal
         information obtained in line with record keeping requirements.

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AUSTRALIAN INDUSTRY GROUP

                   COVID-19 CORONAVIRUS
                   MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020

     •   Abattoirs, meat processing, seafood processing and poultry processing:
            o workforce restrictions have been removed;
            o carpooling is no longer restricted – see above, reinstated on 15 November;
            o specific reference to ensuring “that workers do not work across multiple Work Premises” has
                 been removed from the Workplace (Additional Industry Obligations). However, there are still
                 requirements in the Workplace Directions, clause 7(18) to (21) that limit work being
                 undertaken on multiple premises and require the employer to demonstrate the systems of
                 work which it has in place to minimise the number of workers working across multiple Work
                 Premises;
            o the requirement to do temperature testing has been removed (surveillance testing is still
                 required) – see above, reinstated on 15 November.

     •   Seasonal horticultural workers:
             o All requirements that related to workers and the previously Restricted Area of metropolitan
                 Melbourne have been removed; and
             o Clause 1(5)(c) of Workplace (Additional Industry Obligations) Directions (No 11) states that the
                 directions “remove some testing requirement for … seasonal workers”. However, clause 7(10)
                 states that an employer must carry out surveillance testing on its seasonal workers in
                 accordance with the requirements of DHHS. This varies from section 7(34) in the previous
                 Directions which limited testing to workers who commuted from the Restricted Area of
                 metropolitan Melbourne. It is Ai Group’s view that this is most likely a drafting error that
                 occurred when reference to the Restricted Area was removed. We are currently seeking
                 clarification on this issue.
     •   Care facilities:
             o Surveillance testing is now only required “where directed by the Chief Health Officer” (clause
                 7(22)).

     It is also highlighted that the Workplace (Additional Industry Obligations) Directions no longer apply to:
     construction sites; retail facilities; or medical supply, pharmaceutical supply and personal protective supply
     facilities.

     CURRENT RESTRICTIONS ON BUSINESS ACTIVITY

     Restricted Activity Directions (Victoria)

     The Restricted Activity Directions (Victoria) establish business restrictions across Victoria They limit the
     operation of a range of publicly facing businesses by either requiring that they close or by limiting the
     activities that they can engage in and establishing requirements for control measures such as COVID
     Marshalls: pubs, bars, clubs, nightclubs and hotels; physical recreation facilities; community facilities;
     entertainment facilities; places of worship; restricted retail facilities; food and drink facilities;
     accommodation facilities; swimming pools; animal facilities; real estate auctions and inspection; education
     and childcare facilities; Alpine resorts; tourism services; creative arts facilities; and music.

     Employers operating any of these facilities should refer to the Restricted Activity Directions (Victoria) to
     fully understand the restrictions and requirements placed on their business operations.

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AUSTRALIAN INDUSTRY GROUP

                   COVID-19 CORONAVIRUS
                   MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020

     Workplace Directions

     The Workplace Directions (No 9) establish a requirement for workers to work at home if it is reasonably
     practicable to do so.

         6. Operation of a Work Premises
          (1) An employer must not permit a worker to perform work at the Work Premises where it is
              reasonably practicable for the worker to work at the worker’s place of residence or another
              suitable premises which is not the Work Premises.
          (2) An employer must comply with the Metro-Regional Work Travel Permit Directions and the
              Workplace (Additional Industry Obligations) Directions (No 12) where it applies to that
              employer
          (3) Where an employer permits or requires work to be performed at a Work Premises, the
              employer must comply with clauses 7 to 9.
     •   Clause 7 relates to Preventative Measures
     •   Clause 8 relates to Responding to a suspected case of 2019-nCoV in a Work Premises
     •   Clause 9 relates to Responding to a confirmed case of 2019-nCoV in a Work Premises.

     Further information about control measures established by the Workplace Directions and the Workplace
     (Additional Industry Obligations) Directions is provided later in this Member Advice.

     Restricted Workforces

     All previous limits on workforce numbers established by the Workplace (Additional Industry Obligations)
     Directions have now been removed.

     Metro-Regional Work Travel Permit Scheme

     The Metro-Regional Work Travel Permit Scheme Directions have been revoked.

     VICTORIAN COVIDSAFE PRINCIPLES FOR ALL BUSINESSES

     The Roadmap includes six COVIDSafe principles:

     •   physical distancing (1.5m);
     •   wear a face covering;
     •   practice good hygiene;
     •   keep records and act quickly if staff become unwell;
     •   avoid enclosed spaces; and
     •   workforce bubbles.

     Most of these principles have become a common part of responding to COVID-19 in our work and personal
     lives. The concept of “bubbles” needs some further explanation. Bubbles are intended to limit interaction
     to discrete groups of people.

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AUSTRALIAN INDUSTRY GROUP

                   COVID-19 CORONAVIRUS
                   MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020

     In the work context “bubbles” are about a range of control measures such as: rostering the same people to
     work together each day or shift; limiting interaction between shifts (by creating a time gap between one
     shift finishing and another starting); people who work together having their meal breaks at times or
     locations separate from others in the workplace; and minimising people working on more than one site.

     Bubbles are designed to reduce the risk of infection, make contact tracing easier and minimise the impact
     on a business if close contacts of a confirmed case at work need to isolate.

     Some high-risk industries are required to implement “bubbles”; for other workplaces they are
     recommended controls.

     PUBLIC HEALTH REQUIREMENTS FOR THE CONTROL OF COVID-19 IN WORKPLACES

     Workplace Directions and Additional Industry Obligations Directions

     The following summary has been developed to highlight the key risk control issues that all Victorian
     businesses are required to focus on. It is highly recommended that employers refer directly to the
     Directions in order to ensure compliance with the details. The current Directions can be accessed at the
     links below.

     The Workplace Directions (No 9) establish specific risk control obligations for all Victorian employers.

     The Workplace Additional Industry Obligations) Directions (No 12) establish specific additional risk control
     measures required for businesses operating in the industries outlined below.,
         o poultry processing facilities;
         o abattoirs and meat processing facilities;
         o seafood processing facilities;
         o supermarket work premises and perishable good work premises;
         o warehousing and distribution centres;
         o manufacturing facilities;
         o wholesale facilities;
         o horticultural operations using seasonal workers for seasonal horticultural work; and
         o care facilities.

     Summary of Required Controls

     Workplaces that are permitted to operate through the provisions of the Restricted Activity (Victoria)
     Directions must comply with the requirements of the Workplace Directions and the Workplace (Additional
     Industry Obligations) Directions. These requirements are in addition to any specific restrictions imposed by
     the Restricted Activity Directions.

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AUSTRALIAN INDUSTRY GROUP

                     COVID-19 CORONAVIRUS
                     MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020

      Issue addressed        Workplace Directions (No 9)               Workplace (Additional Industry
                             Applicable to all Victorian workplaces    Obligations) Directions (No 12)
                                                                       See note at the start of this section that identifies
                                                                       industries impacted in metropolitan Melbourne
                                                                       and Regional Victoria.
      Consultation           Not specifically addressed, but           Clause 6(7)
                             required in line with OHS obligations.    Specific consultation obligations
                                                                       established.

      Reduction in           Not required other than to comply         Comply with Workplace Directions
      numbers of staff       with working from home requirements
                             at Clause 6 and the density quotient at
                             clause 7(11) and 7(12).

      Work from home         Clause 6                                  Comply with Workplace Directions
      unless it is not
      reasonably
      practicable

      Employer to take       Clause 7(1) to 7(2)                       Comply with Workplace Directions, plus:
      reasonable steps to
      ensure the worker      The requirements of these clauses are     Clause 7(5) Additional requirements for
      wears a face           reproduced later in this Member           meat, poultry and seafood processing;
      covering unless        Advice. A face covering must be a         surgical masks, face shields and suitable
      exceptions apply       fitted face mask.                         protective clothing.

                             Information about how to implement        Clause 7(7) in metropolitan Melbourne,
                             the wearing of Face Coverings can be      any supermarket warehousing and
                             found in an Ai Group Fact Sheet here).    distribution centre or chilled perishable
                                                                       food premises; and clause 7(8) across
                                                                       Victoria for chilled distribution facilities:
                                                                       Surgical masks required, unless the
                                                                       nature of the work means they create a
                                                                       risk to a worker’s health and safety. The
                                                                       note indicates that surgical masks may
                                                                       create risks if the temperature is below
                                                                       negative five degrees, but there is still a
                                                                       requirement for fitted face masks, such
                                                                       as a three-ply cloth mask.

                                                                       Clause 7(16)
                                                                       Seasonal horticultural workers
                                                                       The employer must provide an adequate
                                                                       supply of face coverings and ensure that
                                                                       they are worn, unless one of the
                                                                       exceptions in the Workplace Directions
                                                                       apply.

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AUSTRALIAN INDUSTRY GROUP

                  COVID-19 CORONAVIRUS
                  MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020

      Issue addressed        Workplace Directions (No 9)               Workplace (Additional Industry
                             Applicable to all Victorian workplaces    Obligations) Directions (No 12)
                                                                       See note at the start of this section that identifies
                                                                       industries impacted in metropolitan Melbourne
                                                                       and Regional Victoria.
      Training               General obligations in OHS laws to        Clause 7(1)(a)
      requirements           provide information, training,            PPE training plan must be in place.
                             instruction and supervision.              Directions specify required content.

                                                                       Clause 7(4)(d) Additional requirements
                                                                       for abattoirs and meat processing
                                                                       facilities, poultry processing facilities,
                                                                       seafood processing facilities or
                                                                       supermarket distribution and
                                                                       warehousing (excluding retail facilities)
                                                                       and perishable food Work Premises that
                                                                       is a chilled distribution facility – regular
                                                                       training to workers, including induction,
                                                                       on good hygiene, not attending work if
                                                                       sick and compliance with “bubbles”.
                                                                       Clause 7(14)
                                                                       Extra training requirements for seasonal
                                                                       horticultural workers

      COVID Safe Plan        Clause 7(3) to 7(6)                       Clause 6(1) to 6(5A)
                                                                       High Risk COVIDSafe Plan required for
                                                                       specified industries in addition to the
                                                                       requirements of the Workplace
                                                                       Directions.

      Record keeping         Clause 7(7) to 7(10)                      Comply with Workplace Directions, plus:
                             Log of all people who attend the Work
                             Premises for longer than 15 minutes.      Clause 6(5)
                             Detailed requirements about the           Must also keep records to demonstrate
                             handling of information are included in   compliance with the requirements of the
                             7(10)                                     Directions.

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AUSTRALIAN INDUSTRY GROUP

                  COVID-19 CORONAVIRUS
                  MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020

      Issue addressed        Workplace Directions (No 9)                        Workplace (Additional Industry
                             Applicable to all Victorian workplaces             Obligations) Directions (No 12)
                                                                                See note at the start of this section that identifies
                                                                                industries impacted in metropolitan Melbourne
                                                                                and Regional Victoria.
      Density quotient       Clause 7(11) to 7(12), 7(14)                       Comply with Workplace Directions.
                             In any shared spaces, must not exceed
                             the density quotient which is 1 person
                             per 4 square metres in each indoor
                             space or zone.

                             Note 1: The density quotient for outdoor areas
                             of food and drink facilities is 1 person per 2
                             square metres.

                             Note 2: Different density quotients have been
                             established for some workplaces that are
                             reopening, such as gyms and indoor food
                             courts. Businesses whose operations involve
                             interaction with the public should check the
                             detail of the Restricted Activity Directions for
                             detail.

      Signage                Clause 7(13)                                       Comply with Workplace Directions.
                             Specific signage required for any
                             publicly accessible space.

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AUSTRALIAN INDUSTRY GROUP

                  COVID-19 CORONAVIRUS
                  MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020

      Issue addressed        Workplace Directions (No 9)               Workplace (Additional Industry
                             Applicable to all Victorian workplaces    Obligations) Directions (No 12)
                                                                       See note at the start of this section that identifies
                                                                       industries impacted in metropolitan Melbourne
                                                                       and Regional Victoria.
      Cleaning               Clause 7(15) to 7(17)                     Comply with Workplace Directions, plus:
      requirements           An employer must take all reasonable
                             steps to ensure that shared spaces at     Clause 7(3)
                             which work is performed and areas         Must increase the regularity of
                             accessible to the public are cleaned on   comprehensive cleaning by ensuring all
                             a regular basis.                          areas are cleaned at least daily. Except
                                                                       care facilities which have other regulatory
                             DHHS guidance on cleaning and             requirements.
                             related one page Fact Sheets can be
                             found at this link.                       Clause 7(1)(b)
                                                                       Have a cleaning log on display in shared
                                                                       workplaces and publicly accessible areas
                                                                       covering prescribed requirements.

                                                                       Clause 7(4)(e) Additional requirements
                                                                       for abattoirs and meat processing
                                                                       facilities, poultry processing facilities,
                                                                       seafood processing facilities or
                                                                       supermarket distribution and
                                                                       warehousing (excluding retail facilities)
                                                                       and perishable food Work Premises that
                                                                       is a chilled distribution facility – carry out
                                                                       comprehensive cleaning of the work
                                                                       premises each evening.
                                                                       Clause 7(15)
                                                                       Seasonal horticultural workers – specific
                                                                       requirements for cleaning the premises
                                                                       each evening and provision of hygiene
                                                                       products and well-maintained toilet
                                                                       facilities.

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AUSTRALIAN INDUSTRY GROUP

                   COVID-19 CORONAVIRUS
                   MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020

      Issue addressed         Workplace Directions (No 9)                 Workplace (Additional Industry
                              Applicable to all Victorian workplaces      Obligations) Directions (No 12)
                                                                          See note at the start of this section that identifies
                                                                          industries impacted in metropolitan Melbourne
                                                                          and Regional Victoria.
      Creating workplace      Not specified in the Directions but         Clause 7(4)(c) Additional requirements
      “bubbles”               recommended where possible to               for abattoirs and meat processing
                              reduce the risk of infection, aid           facilities, poultry processing facilities,
                              contact tracing and limit the number        seafood processing facilities or
                              of people required to isolate if there is   supermarket distribution and
                              a COVID-19 case in the workplace.
                                                                          warehousing (excluding retail facilities)
                                                                          and perishable food Work Premises that
                                                                          is a chilled distribution facility –
                                                                          Arrange operations so that workers are
                                                                          working consistently with others, where
                                                                          reasonably practicable; specific
                                                                          considerations covered in (a) to (vii)

                                                                          Clause 7(12) and 7(13) – Requirements
                                                                          for seasonal horticultural workers,
                                                                          including record keeping requirements.

      Reducing work           Clause 7(18) to (21)                        Comply with Workplace Directions
      across multiple sites   An employer must not require or
                              permit a worker to perform work at
                              more than one Work Premises, unless
                              it is not practicable.
                              If working at multiple sites, must
                              demonstrate the systems of work that
                              minimise the number of workers
                              working across multiple Work
                              Premises.

      Working at more         Clause 7(21)                                Comply with Workplace Directions.
      than one premises       If a worker is working at more than
      for different           one Work Premises for two or more
      employers               different employers: the worker must
                              provide a declaration and the
                              employer must retain the declaration.

      Restriction on car      No specific requirement                     Clause 7(6)
      pooling                                                             In meat, poultry and seafood processing,
                                                                          workers must not travel with another
                                                                          person with whom they do not ordinarily
                                                                          reside, unless it is not reasonably
                                                                          practicable to otherwise get to work.

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AUSTRALIAN INDUSTRY GROUP

                  COVID-19 CORONAVIRUS
                  MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020

      Issue addressed        Workplace Directions (No 9)                 Workplace (Additional Industry
                             Applicable to all Victorian workplaces      Obligations) Directions (No 12)
                                                                         See note at the start of this section that identifies
                                                                         industries impacted in metropolitan Melbourne
                                                                         and Regional Victoria.
      Avoid working in       Not specifically required in Directions but included as a COVIDSafe principle in the
      enclosed spaces        Roadmap – to consider when work, including meetings can be undertaken
                             outdoors.
      COVID Marshalls        Not required                               Clause 7(4)(b) and 7(4)(g) Additional
                                                                        requirements for abattoirs and meat
                                                                        processing facilities, poultry processing
                                                                        facilities, seafood processing facilities or
                                                                        supermarket distribution and
                                                                        warehousing (excluding retail facilities)
                                                                        and perishable food Work Premises that
                                                                        is a chilled distribution facility
                                                                         Designate an employee or employees as
                                                                         a COVID Marshall whose role is to
                                                                         monitor compliance with these
                                                                         directions, including physical distancing
                                                                         and provide training to the Marshall(s) in
                                                                         accordance with guidance from DHHS.
                                                                         COVID Marshals are also recommended
                                                                         for other high-risk workplaces.
                                                                         The Fact Sheets – COVID Marshals - what
                                                                         you need to know and COVID MASHALS -
                                                                         Roles and Responsibilities can be
                                                                         accessed on the COVID Marshals
                                                                         webpage.

                                                                         The employer must also keep records of
                                                                         duty rosters for COVID Marshals.

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AUSTRALIAN INDUSTRY GROUP

                  COVID-19 CORONAVIRUS
                  MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020

      Issue addressed        Workplace Directions (No 9)              Workplace (Additional Industry
                             Applicable to all Victorian workplaces   Obligations) Directions (No 12)
                                                                      See note at the start of this section that identifies
                                                                      industries impacted in metropolitan Melbourne
                                                                      and Regional Victoria.
      Additional health                                               Clause 7(5)(b)
      screening /                                                     Meat, poultry and seafood processing
      surveillance                                                    facilities must implement daily
                                                                      temperature testing and direct the
                                                                      worker to leave the premises and get
                                                                      tested for COVID-19 if they have a
                                                                      temperature of 37.5C or more.
                                                                      Clause 7(4)(a) Additional requirements
                                                                      for abattoirs and meat processing
                                                                      facilities, poultry processing facilities,
                                                                      seafood processing facilities or
                                                                      supermarket distribution and
                                                                      warehousing (excluding retail facilities)
                                                                      and perishable food Work Premises that
                                                                      is a chilled distribution facility
                                                                      Carry out surveillance testing on workers
                                                                      for 2019-nCoV at work premises in
                                                                      accordance with the DHHS requirements.
                                                                      Records must be kept in line with clause
                                                                      7(4)(f). DHHS requirements are specified
                                                                      in the High Risk COVIDSafe Plan available
                                                                      here.
                                                                      Seasonal horticultural workers
                                                                      Clause 7(10) – must carry out surveillance
                                                                      testing for SARS-CoV2 in accordance with
                                                                      the requirement of DHHS. It is Ai Group’s
                                                                      view that this is a drafting error – see
                                                                      commentary notes in the update
                                                                      summary.
                                                                      Care facility workers
                                                                      Clause 7(22) – carry out surveillance
                                                                      testing where directed by the Chief
                                                                      Health Officer.

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AUSTRALIAN INDUSTRY GROUP

                  COVID-19 CORONAVIRUS
                  MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020

      Issue addressed        Workplace Directions (No 9)                 Workplace (Additional Industry
                             Applicable to all Victorian workplaces      Obligations) Directions (No 12)
                                                                         See note at the start of this section that identifies
                                                                         industries impacted in metropolitan Melbourne
                                                                         and Regional Victoria.
      Declaration by                                                     Clause (7)(1)(c) generally and 7(21) for
      workers                                                            care facilities.

                                                                         Must require workers to make a specific
                                                                         written declaration at the start of each
                                                                         shift, before they enter the Work
                                                                         Premises.

      Workers must not       Not addressed, but covered by Clause        Clause 7(2)
      attend                 8 below                                     Worker must not attend if they have
                                                                         been tested because they are
                                                                         symptomatic.

                                                                         Care facilities
                                                                         Clause 7(21) and 7(23)) – an employer
                                                                         must not permit employees or
                                                                         contractors to enter the site if specific
                                                                         criteria are met associated with potential
                                                                         exposure to COVID-19.

      Provision of           Not applicable                              Seasonal Work
      accommodation and                                                  Clause 7(18), (19) and (20))
      transport                                                          Specific requirements established in
                                                                         relation to accommodation and
                                                                         transport provided.

      Responding to a        Clause 8                                    Comply with Workplace Directions.
      suspected case of      Specific obligations outlined in relation
      2019-nCoV in a         to responding to a person who has
      Work Premises          symptoms, cleaning, and informing
                             workers.

                             Specific responses if an employer
                             becomes aware of three or more
                             suspected cases at one Work Premises
                             within a five-day period.

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AUSTRALIAN INDUSTRY GROUP

                   COVID-19 CORONAVIRUS
                   MEMBER ADVICE | NAT 098/20 | UPDATED 17 NOVEMBER 2020

      Issue addressed         Workplace Directions (No 9)                     Workplace (Additional Industry
                              Applicable to all Victorian workplaces          Obligations) Directions (No 12)
                                                                              See note at the start of this section that identifies
                                                                              industries impacted in metropolitan Melbourne
                                                                              and Regional Victoria.
      Responding to a         Clause 9                                        Comply with Workplace Directions.
      confirmed case of       Specific obligations to notify DHHS and
      2019-nCoV in a          WorkSafe* if there is a diagnosed
      Work Premises           positive case; determine the need to
                              close the premises; comprehensive
                              cleaning of the premises; identify close
                              contacts and direct them to leave the
                              premises and self-quarantine; notify
                              workers.
                              If the Work Premises is required to
                              close there are also notification
                              requirements prior to restarting.

                              * WorkSafe Victoria must be notified if an
                              employee or contractor with a confirmed
                              COVID-19 case was in the workplace within the
                              14 days prior to the onset of symptoms or a
                              confirmed coronavirus (COVID-19) diagnosis
                              (whichever comes first). Information about
                              WorkSafe notification requirements can be
                              found here.

     Wearing of Face Coverings

     The requirement that an employer takes reasonable steps to ensure a worker wears a face covering in the
     workplace is now established by Clause 7 of the Workplace Directions (No 9).

     Face covering means “…a fitted face mask that covers the nose and mouth to provide the wearer protection
     against infection”. DHHS provides information about the definition of a fitted face mask here.

     7. Preventive measures at Work Premises to reduce the risk of 2019-nCOV
     An employer must take reasonable steps to ensure the worker wears a face covering at all times when
     working at a Work Premises.
             Note 1: face shields on their own do not meet the face covering requirements. Please refer to
             the Department of Health and Human Services’ guidelines for further information.
             [see below for further information about fitted face masks]
     Subclause 7(1) does not apply if:
         (a) the worker has a physical or mental health illness or condition or disability which makes
             wearing a face covering unsuitable; or
             Examples: employees who have obstructed breathing or a serious skin condition on their face,
             an intellectual disability, a mental health illness, or who have experienced trauma;

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         (b) the worker is communicating with a person who is deaf or hard of hearing, where visibility of
             the mouth is essential for communication; or
         (c) the nature of a worker’s work means that wearing a face covering creates a risk to their health
             and safety; or
         (d) the nature of a worker’s work means that clear enunciation or visibility of the mouth is
             essential; or
             Examples: teaching, lecturing, broadcasting.
         (e) the worker is working by themselves in an enclosed indoor space (unless and until another
             person enters that indoor space); or
             Example: a person working by themselves in an office.
         (f) the worker is working by themselves in an outdoor space, provided no other person is also in
             the outdoor space (except a person who ordinarily resides at the same premises with as the
             worker); or
             Example: a farmer working by themselves in a field.
         (g) the worker is a professional sportsperson when training or competing; or
         (h) the worker is travelling in a vehicle for work purposes by themselves or where each other
             person in the vehicle ordinarily resides at the same premises; or
         (i) the worker is consuming food, drink or medicine; or
         (j) the worker is asked to remove the face covering to ascertain identity; or
             Examples: an employee may be asked by police, security or post office staff to remove a face
             covering to ascertain identity.
         (k) for emergency purposes; or
         (l) required or authorised by law; or
         (m) doing so is not safe in all the circumstances.
             Note: a worker is required to wear a face covering at all other times when the circumstances
             above do not apply.
             Example: a worker must wear a face covering when using ingress and egress points to the
             employer’s premises, or other facilities such as toilets

     DHHS guidance on face coverings can be found at this link, including the following information

             Can I wear a snood, buff or gaiter instead of a mask?

             •   A face mask is always recommended. The Chief Health Officer recommends a mask with three
                 layers that fits securely around the face, specifically covering the nose and the mouth.
             •   However, a fitted snood, fitted buff or fitted gaiter is allowed.
             •   The emphasis is on fitted.
             •   In this instance fitted means the snood, buff or gaiter can extend in a fitted form to snugly fit
                 over and cover your nose and mouth. It must be secure around your neck and lower face with
                 no gaps along the nose ridge or the top of the garment. This is designed to protect you from
                 coronavirus. It must be a sufficient face covering for this purpose.
             •   A loose-fitting snood, buff or gaiter or scarf or bandana is not allowed.

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             What is a snood, buff or gaiter?

             In this instance a snood, buff or gaiter is taken to mean a face and neck covering, in the form of a
             closed loop, worn around the face and neck. They are taken to be interchangeable terms.

     Information about how to implement and maintain the wearing of face covering can be found in an
     Ai Group Fact Sheet here.

     OCCUPATIONAL HEALTH AND SAFETY OBLIGATIONS

     The requirements of the public health directions outlined above establish the minimum requirements that
     workplaces must meet to operate under the Roadmap.

     Whilst COVID-19 is a public health issue, it is also an Occupational Health and Safety (OHS) issue. This
     means that all the normal OHS requirements need to be considered when implementing controls.

     Control measures mandated by the Chief Health Officer (CHO) must be implemented, but consultation is
     required with employees and elected Health and Safety Representatives (HSRs) about how they will be
     implemented.

     In some situations, implementing the requirements of the CHO may not be enough to meet the OHS
     obligations of an employer in relation to minimising the risk of COVID-19 transmission in the workplace. In
     these situations, additional control measures should be implemented.

     Businesses also need to consider whether the control measures required by the CHO may introduce other
     risks that need to be managed (e.g. from a reduced workforce, or limits on handover opportunities
     between shifts). Additional OHS processes may be required to ensure compliance such as information,
     instruction, training and supervision.

     Employers need to consider all facets of their business and consult with employees and HSRs to ensure that
     are doing all that is reasonably practicable to minimise risk.

     GOVERNMENT GUIDANCE ON THE DIRECTIONS AND OHS OBLIGATIONS

     Information about the Directions and their implementation can be found on the websites below:

     Department of Health and Human Services (DHHS) - Directions

     The Directions, which provide the exact detail of requirements can be found at the bottom of the above
     webpage. Links to other information is also provided on this page.

     Department of Human Services (DHHS) - Roadmap to Reopening

     Information about the Roadmap, including indications of when and how restrictions will change can be
     found at this link.

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     Victorian Coronavirus Website

     This webpage includes general guidance and the templates for COVID Safe Plans.

     WorkSafe Victoria

     The WorkSafe website provides guidance on how to meet your OHS obligations in relation to COVID-19.

     DO YOU REQUIRE FURTHER ASSISTANCE?

     Ai Group has set up a special section on our website to provide access to Ai Group advice and assistance
     relating to the COVID-19 pandemic.

     For further information or assistance, please contact Ai Group’s Workplace Advice Line on 1300 55 66 77
     or access Ai Group’s or access the Health and Safety Resource Centre.

     For information about our safety and workers’ compensation consulting and training services, contact:

     Consulting Services                     Training Services
     Trinette Jaeschke                       David Tiller
     0400 282 477                            0499 195 307

     Tracey Browne
     Manager – National Safety & Workers’ Compensation Policy and Membership Services

      FURTHER INFORMATION
      For further information or assistance, please contact the Ai Group Workplace Advice Line on
      1300 55 66 77.

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