As Australia continues its national rollout of the Covid-19 vaccine, the Fair Work Ombudsman and Safe Work Australia published updated Covid-19 vaccination guidance for the workplace.

“The Australian Government is committed to providing all Australians with access to free, safe and effective Covid-19 vaccines,” the guidance states. “While the government aims to have as many Australians as possible choose to be vaccinated, receiving a vaccination is voluntary. You can encourage your workers to get a Covid-19 vaccination, if they are able to.”

The guidance also points out that there are currently no laws or public health orders in Australia that specifically enable employers to require their employees to be vaccinated against Covid-19.

However, the guidance does add that employers have a duty under the model Work Health and Safety laws to eliminate, or if that is not reasonably practicable, minimise the risk of exposure to Covid-19 in the workplace.

“To meet their WHS (Work Health and Safety) duties, employers must keep doing all the other control measures that they have put in place to stop the spread of the virus including physical distancing, good hygiene, regular cleaning and maintenance, and ensuring workers do not attend work if they are unwell,” the guidance states.

It is unlikely that a requirement for workers to be vaccinated will be reasonably practicable, according to Safe Work Australia.

However, it adds that “ultimately whether you should require your workers to be vaccinated will depend on the particular circumstances at the time you are undertaking your risk assessment.”

As a guiding principle, both the Ombudsman and Safe Work Australia have stressed that the overwhelming majority of employers should assume they will not be able to require their employees to be vaccinated.

"The latest guidance provided by the FWO and SWA reinforces the Federal Government's broader vaccine policy that vaccination should be voluntary," Attorney-General and Minister for Industrial Relations, Christian Porter, said.

"As the Prime Minister has said many times, the government expects that the overwhelming majority of Australians will want to be vaccinated to protect themselves and their loved ones, and so they can get on with their lives without disruption,” Porter said.

As for customers and visitors to a business, the guidance states that it is ‘unlikely that WHS laws require you to ask customers and visitors for proof of vaccination. However, you might still want to require this as a condition of entry to your premises. Before you take action to impose this kind of requirement, you should seek advice as there may be privacy and discrimination issues that apply.’

According to Smartcompany.au, small business groups are concerned that under work health and safety law, workers could be entitled to workers compensation if they contract Covid-19 while at work.

The Council for Small Business Organisations Australia is in discussions with Safe Work Australia about employers’ legal obligations in relation to Covid-19, however there is still a lot employer groups do not know at this stage.

The Council’s Chief Executive Peter Strong added that not all insurance policies would pay out compensation to a worker who contracted coronavirus in the workplace.