The investigation of COVID-19 cases in the workplace will likely include scrutiny of all business decision-makers
Health and safety regulators in Australia have spent the past few months preparing employers on how to respond to the threat of COVID-19 in the workplace. But for companies unable to stem the outbreak, regulators may soon take a tougher stance, employment law experts warn.
Failure to adhere to protocols mandated by the government could force regulators to adopt an “enforcement-first mentality,” according to John Makris and Dominic Fleeton, partners at specialist workplace law firm Kingston Reid.
“To date, regulators have primarily focused on giving employers guidance about the measures they can implement to minimise the risk of employees contracting COVID-19 at work or introducing it into the workplace,” Makris and Fleeton said.
But employers should brace themselves for changes as COVID-19 becomes a “key health risk for months, if not years,” they said.
Read more: COVID-19: How to lead contact tracing at work
Companies may be held liable for coronavirus outbreaks in their premises, similar to how they are held accountable for any health and safety violations at work.
Employers in Victoria, for example, are required to alert WorkSafe immediately about confirmed cases of COVID-19 among their employees.
“Timely notification of potential workplace transmission of coronavirus (COVID 19) is critical for effective management of related health and safety risks and the prompt investigation of potential breaches of employer duties,” WorkSafe Victoria said.
Failure to inform the agency can lead to fines amounting to $39,652 for individuals and $198,264 for organisations.
Read more: Should employers rely on COVID-19 home test kits?
Stricter measures aren’t limited to Victoria, however.
“Depending on the state or territory jurisdiction, it could mean heavy fines for employers, and even jail for individuals, found to have breached health and safety legislation as they apply to COVID-19,” Makris and Fleeton said.
Businesses face the threat of closure and penalties that may exceed $3m.
But accountability doesn’t end with workforce managers: COVID-19 case investigations will likely include “scrutiny of any business decision-maker who has failed to discharge their statutory safety duties,” Makris and Fleeton said.
“The work many organisations have done will present a positive picture of genuine attempts to comply with the law and keep employees safe. But for those who are found wanting, the consequences could be dire,” they said.
