Occupational Health and Safety (COVID-19 Incident Notification) Regulations 2020 (Vic)

Version No. 001

Occupational Health and Safety (COVID-19 Incident Notification) Regulations 2020

S.R. No. 78/2020

Version as at

28 July 2020

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Definitions

4Employer becomes aware of, or self-employed person has, confirmed COVID‑19 diagnosis in the workplace is an incident to which Part 5 applies

5Revocation

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Occupational Health and Safety (COVID-19 Incident Notification) Regulations 2020

S.R. No. 78/2020

Version as at

28 July 2020

1Objective

The objective of these Regulations is to further the objects of the Occupational Health and Safety Act 2004 by—

(a)improving the information available to the Authority to reduce the risks to health and safety in the workplace arising from COVID‑19; and

(b)prescribing requirements for employers or self-employed persons to notify the Authority immediately after becoming aware that an employee has been diagnosed with the disease COVID-19.

2Authorising provision

These Regulations are made under section 158 of the Occupational Health and Safety Act 2004.

3Definitions

In these Regulations—

confirmed COVID-19 diagnosis means a positive result for a person who has undergone a diagnostic procedure for COVID-19;

COVID-19 means the disease otherwise known as "novel coronavirus 2019";

diagnostic procedure means a procedure to diagnose a disease or condition;

infectious period means the date, being 14 days prior to the onset of symptoms consistent with COVID-19 or a confirmed COVID-19 diagnosis (whichever comes first), until the date on which the person receives a clearance from isolation from the Department of Health and Human Services;

the Act means the Occupational Health and Safety Act 2004.

4Employer becomes aware of, or self-employed person has, confirmed COVID‑19 diagnosis in the workplace is an incident to which Part 5 applies

For the purposes of section 37(2)(h) of the Act, the following events or circumstances are prescribed—

(a)when an employer becomes aware that—

(i)an employee; or

(ii)an independent contractor engaged by the employer or any employee of the independent contractor—

has received a confirmed COVID-19 diagnosis and has attended the workplace within the infectious period; or

(b)when a self-employed person has received a confirmed COVID-19 diagnosis and has attended the workplace within the infectious period.

Note

See section 38 of the Act in relation to duty to notify the Authority of incidents. The Public Health and Wellbeing Act 2008 also imposes obligations relating to the notification of certain medical conditions.

5Revocation

These Regulations are revoked on the first anniversary of the day on which they came into operation.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Occupational Health and Safety (COVID-19 Incident Notification) Regulations 2020, S.R. No. 78/2020 were made on 28 July 2020 by the Governor in Council under section 158 of the Occupational Health and Safety Act 2004, No. 107/2004 and came into operation on 28 July 2020.

The Occupational Health and Safety (COVID-19 Incident Notification) Regulations 2020 will be revoked on 28 July 2021: see regulation 5.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Occupational Health and Safety (COVID-19 Incident Notification) Regulations 2020 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

No entries at date of publication.