New OHS Regulations

Published:: Wednesday 6 July 2022 at 2:56 pm

What has changed?

There is now a new Part 2.1A in the Occupational Health and Safety Regulations 2017 (Vic) (New OHS Regulations). The New OHS Regulations authorise employers to collect, record, hold and use COVID-19 vaccination information from 'specified persons', so that the employer may determine reasonably practicable OHS measures, and implement reasonably practicable control measures, for the purposes of performing a duty imposed by Part 3 of the OHS Act or Regulations.^[1]

Employers may also continue to record, hold and use vaccination information collected under the Public Health and Wellbeing Act 2008 (Vic) in relation to a specified person for the same purpose.^[2]

The specified persons from whom information may be collected are:^[3]

an employee of the employer;
an independent contractor engaged by the employer;
an employee of an independent contractor engaged by the employer; or
a volunteer or a student on placement permitted by the employer to attend a workplace under the management or control of the employer.

Further, COVID-19 vaccination information refers to information about whether a specified person:^[4]

has received any vaccination against COVID-19 and the date of vaccination; or
is unable to be receive a dose (or a further dose) due to medical contraindication, acute medical illness or because they are under 5 years of age.

It should be noted that a Pandemic Order prevails over the New OHS Regulations to the extent of any inconsistency.^[5]

The New OHS Regulations will be revoked on 12 July 2023^[6] and, within 30 days of the revocation date, an employer must destroy any COVID-19 vaccination information it recorded or held.^[7]

How does this affect you?

The new OHS regulations will be relevant for employers where there is no longer a vaccination requirement applicable to their workers under the Pandemic Orders, who may be determining whether and how to collect vaccination information as a reasonably practicable measure to perform a duty under the OHS Act.

However, it will be less relevant for employers whose workers are still covered by Pandemic Orders, unless they have issued COVID-19 vaccination requirements which relate to performing a duty under the OHS Act.

Access the Occupational Health and Safety Amendment (COVID-19 Vaccination Information) Regulations 2022 (Vic).