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The Labour Hire Authority continues to undertake licensing, education, compliance and enforcement activities during the COVID-19 pandemic.

The Authority has finalised over 3,300 labour hire licence applications. Over half the total applications received were either incomplete or had incorrect information which has required the Authority to request further information from applicants or verify information with other Victorian, Commonwealth and interstate agencies. The Authority has requested further information to be able to assess complete applications rather than simply refusing labour hire licence applications.

Our team has sent over 2,800 written requests for information and has made thousands of phone calls to applicants.

The remaining applications that are being assessed were lodged more recently or they have minor or significant issues. Minor issues, for example, include: 

• Applicants were asked to provide further information for completeness. 
• Applicants sought to reopen, change and resubmit their applications as a company not an individual or to update the nominated officer to a person responsible for the actual day to day running of the business.

There are also a large number of applications that have significant issues such as applicants:

• not responding to requests for missing or further information.
• were asked for further information about how they are paying their workers and through which enterprise agreements, awards or other industrial instruments.
• were identified as potentially involved in sham contracting.
• are under review following an applicant’s fit and proper person test – for example there may be a history of breaching criminal or workplace laws.
• are identified in intelligence or information the Authority has received about non-compliance. 

Employers are now required to notify WorkSafe immediately when they become aware a worker has received a confirmed coronavirus (COVID-19) diagnosis.

The new Regulations, made under the Occupational Health and Safety Act and require employers and self-employed persons, with management or control of a workplace to notify WorkSafe immediately after becoming aware that:

• an employee, independent contractor, employee of the independent contractor or self-employed person has received a confirmed diagnosis of coronavirus (COVID-19) and;
• the employee, independent contractor, employee of the independent contractor or self-employed person has attended the workplace within the relevant infection period.

For information and how to report a confirmed COVID-19 diagnosis visit WorkSafe Victoria.

As you are aware, people living in metropolitan Melbourne or Mitchell Shire must wear a face covering when leaving their home, unless they have a lawful reason for not doing so. From 11:59 pm on Sunday 2 August this applies to all Victorians - including across regional Victoria. Employers must take reasonable steps to ensure that workers wear a face covering at all times when working in their business.

Use the resources from WorkSafe Victoria and DHHS to help prevent and manage the risk of exposure to COVID-19, and to understand your legal obligations. 

Even with face masks we must continue to practice good hygiene, wash our hands thoroughly and keep 1.5 metres distance between each other.

To help communicate important health information in languages other than English, visit the translated resources page on the DHHS website.

These resources can be downloaded, distributed digitally, displayed at worksites and, where appropriate, displayed in accommodation and on transportation provided by employers.

The Victorian Government is providing one-off payments to financially support Victorian workers, including parents and guardians, who are required to self-isolate or quarantine due to COVID-19.

Visit DHHS for further information.

A new criminal offence of workplace manslaughter has been introduced into occupational health and safety laws. The new offence of workplace manslaughter will be investigated by Victoria's health and safety regulator, WorkSafe Victoria, using their powers under the Occupational Health and Safety Act 2004.

It is every employer’s responsibility to make sure their employees stay safe at work and return home every day. If you are already complying with your OHS duties, you are doing the right thing and you will not need to do anything different. If you are not complying, the consequences for not thinking about workplace risk can be much more severe.

The Authority has worked with WorkSafe Victoria on resources for managing COVID-19 exposure risks in the agriculture industry and while travelling in vehicles.

Employers are encouraged to use the industry-specific resources from WorkSafe Victoria and DHHS to help prevent and manage the risk of exposure to COVID-19. Resources are available for many industries including meat and poultry, construction, aged care, healthcare and social assistance, and for workers at home and in offices.

Safe Work Australia has also published industry-specific advice on how to minimise the risk of exposure to COVID-19 in workplaces.