Skip to content

  • Home
  • COVID-19 Guide
  • COVID-19 AV library
  • Client results
  • Expertise
  • News & Insights
  • People
  • Our DNA
  • Inclusion and Diversity
  • Join us
  • Contact Us
Home / NEWS & INSIGHTS / Blog / COVID-19: Recommendations and considerations / COVID-19: Mitigating the risks
COVID-19: Recommendations and considerations 19 March 2020

COVID-19: Mitigating the risks

What are my Workplace Health and Safety (WHS) obligations?

Employers, as a Person Conducting a Business or Undertaking (PCBU) under the WHS laws, have a primary duty of care to ensure, so far as is reasonably practicable, the health and safety of workers and relevant other persons. WHS controls may include encouraging increased personal hygiene and providing hand sanitiser.

Will my business continuity insurance respond?

Maybe. Some insurance policies provide for pandemic cover. Others may include a pandemic within the definition of ‘force majeure’.

Before any decisions, which have a significant impact on the bottom line, are made, you should consult your insurance policy, broker or a specialist insurance lawyer.

Can I close the workplace or ask people to work from home?

Yes. As the occupier or owner of a workplace, an employer has the right to control who enters the workplace and the conditions of entry.

Employers also have the right to issue reasonable and lawful directions to their employees, for example, disclosing recent travel or not attending the workplace.

The key is making sure each direction is reasonable and lawful.

What about anti-discrimination law?

Employers risk discrimination claims if they base decisions about work on the grounds of a protected attribute, like race. In some cases, seeking unnecessary information may be unlawful. However, a range of exceptions can apply. Decisions should be sensible, and based on expert data.

If we close, or need to isolate our workforce, do we need to pay?

It depends.

If an employee can work from home, they remain at work and will need to be paid.

If an employee cannot work from home, the Fair Work Act 2009 (Cth) and some enterprise agreements allow for the unpaid stand-down of employees.

An employee may be able to access their leave during a proposed stand-down.

What about an employee’s privacy?

Under privacy laws and state based human rights legislation, employers should understand the extent of the personal health data an employee might be obligated to disclose if they contract coronavirus or are symptomatic of it.

Practically, what should I be doing?

COVID-19 presents employers with a range of risks (legal, economic, reputational, and cultural).

Risk management tools should be applied.

An employer can consider a holistic risk assessment, considering the likelihood of an outbreak (based on current expert information), against the degree of harm that might result (such as the economic risk of closing the workplace, interruptions to the supply chain, impact on clients/customers).

The risk assessment will need to be updated regularly, and involve the organisation’s top decision makers.

A risk assessment commissioned by a lawyer, for a specific purpose, may be subject to legal professional privilege. To discuss this, please reach out to our team.

 

 

This publication covers legal and technical issues in a general way. It is not designed to express opinions on specific cases. It is intended for information purposes only and should not be regarded as legal advice. Further advice should be obtained before taking action on any issue dealt with in this publication.

About the authors

  • Mick Moy

    Partner
  • Tom Reaburn

    Senior Associate

In other news

FIRB Reforms Article Series – Part 2: Family Arrangements

30 July 2020Insight

Are loan books next on the block for Australia?

29 July 2020Insight

Unlicensed parties beware – Head contractor exemption to be removed from QBCC Act

28 July 2020Insight

FIRB Reforms Article Series – Part 1: National Security Businesses

23 July 2020Insight

VIEW ALL NEWS & INSIGHTS

BRISBANE

Level 11, 66 Eagle Street
Brisbane QLD 4000
GPO Box 1855
Brisbane QLD 4001
Tel +61 7 3233 8888
Fax +61 7 3229 9949

 

GET IN TOUCH

    Contact form

    We handle your personal information in accordance with our privacy policy.

    sydney

    Level 32, MLC Centre
    19 Martin Place
    Sydney NSW 2000
    GPO Box 462
    Sydney NSW 2001

    Tel +61 2 8241 5600
    Fax +61 2 8241 5699

     

    GET IN TOUCH

      Contact form


      We handle your personal information in accordance with our privacy policy.

      melbourne

      Level 27, 101 Collins Street
      Melbourne VIC 3000
      GPO Box 2924
      Melbourne VIC 3001

      Tel +61 3 9067 3100
      Fax +61 3 9067 3199

       

      GET IN TOUCH

        Contact form

        We handle your personal information in accordance with our privacy policy.

        follow us

        CLIENT LOGIN

        newcastle

        Level 2, 16 Telford Street
        Newcastle NSW 2300
        PO Box 394
        Newcastle NSW 2300

        Tel +61 2 4914 6900
        Fax +61 2 4914 6999

         

        GET IN TOUCH

          Contact form


          We handle your personal information in accordance with our privacy policy.

          canberra

          Level 9, 2 Phillip Law Street
          Canberra ACT 2601

          Tel +61 2 6243 3699
          Fax +61 2 8241 5699

           

          GET IN TOUCH

            Contact form


            We handle your personal information in accordance with our privacy policy.

            © 2017 McCullough Robertson. Site map Disclaimer Privacy Policy Credit Reporting Policy

            X