Business Continuity and Vaccine Mandate FAQs (Responses from Department of Health)

Community Services - Post Dec 15 Continuity Planning In updating COVID Safety Plans and Business Continuity Plans, the community services industry welcomes guidelines, responses to FAQs and scenarios to help explain the Public Health requirements and how to adhere to them. An overview of questions posed to Public Health during the COVID Recovery Statewide Meeting of 15 November and their answers are listed below.

The meeting was also recorded. Click here for the full recording.

Business continuity Responsibilities and options for services in applying preventative health measures: •

Will there be an updated template and requirement to complete a new COVID Safety Plan (Small Business Template) for post December 15th?

WorkSafe Tasmania is in the process of drafting the new template, to be released by the end of November. Organisations will be asked to update their COVID Safety Plans.

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Is there a plan for the vaccination status and check-in status to be combined? How will we know in real-time if someone checking into our premises has been vaccinated?

The Check-in Tas app is now able to display proof of a COVID-19 digital certificate.

You can view more information on the coronavirus website (https://www.coronavirus.tas.gov.au/check-in-tas/COVID-19-digital-certificate).

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Will services be able to require casual visitors to our premises to wear masks, etc. after 15 December if we are unclear if they are vaccinated?

Casual visitors to premises are not required to be vaccinated or wear masks under public health directions. Organisations may make their own determination on whether they choose to request visitors wear masks.

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Will rapid antigen tests play any role enabling business continuity and COVID management?

Public Health is currently drafting advice, which will be circulated soon. It is likely to set out circumstances and scenarios in which rapid antigen tests may be useful as a screening tool in certain workplaces in the event of an outbreak.

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How do we ensure organisations have access to consistent Public Health advice and feed back impacts on business continuity? (i.e. do we contact Public Health, our line agencies/funders, the hotline?)

In the first instance, visit the coronavirus website (https://www.coronavirus.tas.gov.au/) 1

If answers aren’t available on the website, direct inquiries through your primary contact in your funding agency who will have direct contact with counterparts in Public Health.

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Are there any plans for provision of additional funding/support for Human Resources or Industrial Relations advice for organisations (particularly smaller organisations)?

There are no current plans for such additional support. You can approach your peak to seek advice on your behalf.

Contingency support for organisations in case of COVID positive clients, or required closures: •

What is the Public Health advice if workers or clients catch COVID and have had contact with the service? (scenario)

This will be covered in the Outbreak Management Framework yet to be released. Public Health will conduct contact tracing and an assessment of risk, and advise on requirements such as testing, isolation, etc.

Further details will be available on the wwww.coronavirus.tas.gov.au website from Friday 26 November 2021.

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What are the options for clients if a service has to be temporarily closed due to staff illness? (e.g. Shelters can’t be staffed)

This is a consideration to be addressed in your business continuity plan, and discussed in partnership with your funding body.

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When a parent or carer becomes ill with COVID, what arrangements will be made for care for their children / and or those who they provide care for in the absence of a support network?

This should be covered by plans or strategies to address any other illness which may have the same affect. Liaise with funding body if unsure.

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How do we support clients of Supported Housing if they are ill with COVID, but don’t require hospitalisation? Will alternative accommodation be available?

Community Case Management Facilities are available for those who are ill with COVID, but don’t require hospitalisation, and have limited appropriate alternative accommodation options. There are two such facilities currently operating: o Fountainside, Hobart o The Coach House, Launceston The government is currently investigating options for additional facilities to be made available, particularly in the North-West of the state.

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Workforce capacity in face of hesitancy and health concerns of clients: •

Clients are concerned and in some cases refusing in-home services from an unvaccinated support worker (when no Direction exists to compel them to be vaccinated). If clients have this right, how will this work in practice in areas of low labour supply/thin markets? Can Government facilitate service access?

This question was taken on notice. Answer to be supplied.

Digital access concerns: •

If a vaccine mandate applies, can unvaccinated workers deliver any services online or over the phone? (e.g. not telehealth, but social support calls?)

If a vaccine mandate applies to the individual delivering the service, unvaccinated workers are not permitted to provide any services to clients, even those delivered remotely.

WHS regulations updates: • When will Government make changes to COVID workplace safety regulations to update them for the new environment?

No broad changes to the regulations are expected at this stage. Many public health measures rely on the Public Health Emergency declaration, which will expire at some point. While some changes may be required to the WHS regulations, there is already an obligation to identify and mitigate risks under current legislation.

Insurance Coverage • What advice does Public Health have for organisations who engage volunteers and have WHS obligations to them, but are unable to afford pandemic insurance for them?

Organisations should check their worker compensation arrangements to determine if it is applicable.

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Vaccine mandate Community services have a general desire for clearer and more consistent communication and direction around mandates for organisations: For the latest Direction see Vaccination requirements for Certain Workers (at time of publication, version No. 9 - 11 November 2021). See further information on application to: o

Health Care Settings

o

Health and aged care workers

o

Disability support workers

o

Residential, in-home and aged care

TasCOSS has prepared FAQs for Employers: Mandatory Vaccinations for Workers in Health Care Settings.

TasCOSS has also prepared COVID-19 Mandatory Vaccinations Policy templates for organisations bound by the Tasmanian Government issued Health Directives, and a Policy template for organisations not bound by the Public Health Order, as well as proforma letters for employees. See TasCOSS COVID-19 Vaccination Policy Templates and Resources.

Need for clarification on the application of mandatory vaccination requirements: •

to volunteers in services to which mandatory vaccination applies

Where mandates apply, they apply to staff and volunteers delivering services, or working in a premises where health services are delivered regularly.

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to health services with no physical interactions

If your service is in the list of those who provide health and medical service or treatment, or are a disability service providing high intensity support to NDIS participants, vaccination is required, whether you have physical interaction or not.

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Does a health and medical service renting a space in a larger office building mean workers in the entire building need to be vaccinated?

No, if a health and medical service operates in a discrete space within a larger building, this premises mandate does not apply to the entire building, only the services and workers operating out of the discrete space.

However, if a service (e.g. a Neighbourhood House) engages someone to offer health and medical services on their behalf at their premises on a regular basis, the facility classifies as a health and medical services facility and all workers are required to be vaccinated.

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to visiting/co-located services with those sectors / workers / client groups that are not mandated 4

The health and medical services mandate applies to those providing services as well as all those employed or engaged at the premises and facilities on which those are delivered. Visitors are not required to be vaccinated.

Those applying to disability and in-home and community aged care applies to the individuals providing the services.

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Eligibility criteria and process to apply for exemptions, individually and organisationally

The Director of Public Health may grant a conditional, time-limited exemption where necessary for the protection of the health and well-being of persons.

Organisations should submit requests for exemption to the Department of Health Emergency Coordination Centre at covid19@health.tas.gov.au for consideration by the Director of Public Health. In submitting a request, organisations must include answers to the following questions with as much detail as possible: 1. In order to grant the exemption, the Director of Public Health must be satisfied that it is necessary for the protection of the health and well-being of persons. Please can you state how this applies in your instance? What would be the potential consequence of not providing the services for which the exemption is sought?

2. What steps have been taken to date to try and achieve compliance with the direction?

3. Should the exemption be granted, what risk mitigation measures will be put in place to ensure the safety of other staff and clients?

4. Should an exemption be granted, what steps will be taken to meet the requirements of the direction and what are the timeframes for these?

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Are third shots and/or boosters covered under the current vaccine mandate? If not, is a separate Direction on boosters likely?

You do not need to have received a booster or third primary dose of the vaccine in order to comply with the current public health directions requiring vaccination of certain workers.

However, booster or third primary doses are recommended for some people. Click here for further detail on the recommendations and eligibility.

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Perception of inconsistency - staff and volunteers have to be vaccinated but community members accessing services do not. What is being done to address this issue?

Current efforts are focused on education and community messaging stressing the importance of vaccination for everybody.

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Does Public Health have a position on organisations who are wanting to make vaccination mandatory for all staff and volunteers even though they are not covered by the public health directive? The desire is often based on concerns about: o o

their liability to staff and volunteers if they contract COVID through their organisation. the potential the staff/volunteers will incidentally come into contact with vulnerable people 5

The Department of Health encourages widespread vaccination and would welcome efforts by employers to increase the number of vaccinated Tasmanians. Particularly in organisations where there is a risk of transmission, and employees were in contact with vulnerable people.

Employers should seek advice before mandating vaccine for workers. See also advice from the Fair Work Ombudsman.

Tasmanian Government agencies are conducting reviews to consider if they will require staff not covered by current mandates to be vaccinated.

Need for clarification on responsibilities of individual organisations in ‘policing’ and supporting Public Health orders/directives, and consequences for failure to comply with those responsibilities: •

What kind of evidence will need to be provided by staff and volunteers to prove that they have been appropriately vaccinated? Or that they are exempt?

Employers can keep a copy of the immunisation history statement or maintain some other record of the evidence of vaccination in their files. This could include for example, the dates employees received their doses or COVID-19 Digital certificate numbers.

For exemptions, employers are required to keep evidence of or have a copy of the exemption. This could include a copy of the Vaccine Medical Contraindication form or evidence of an exemption on the Australian Immunisation Register.

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What responsibility does an employer have if an employee reschedules or cancels their vaccination appointment after the mandate deadline?

It would be reasonable to give employees the benefit of the doubt if there is a valid reason for the delay, but if a pattern emerges which demonstrates an intention to evade requirements, they would need to follow an internal process to ensure compliance.

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What is the process for reporting compliance/non-compliance?

There are multiple avenues to report. They include: o o o •

Calling the Public Health Hotline – 1800 671 738 Completing an online form with the Tasmanian Police, also available on the coronoavirus.tas.gov.au website Emailing covid19@health.tas.gov.au

What happens if an organisation fails to comply with a public health direction?

The Department of Health is focused on working with organisations to achieve compliance, rather than on punishing non-compliance. However, if non-compliance is reported, the Director of Public Health has the power to request evidence of compliance. If evidence cannot be provided, and no progress can be made towards compliance there are penalties that may apply, including: o o o o

Issuance of an infringement notice Referral to regulatory bodies 6 months jail a $17,000 fine

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If organisations are required to close due to failure to comply with public health orders, how will funding agreements and reporting requirements be managed?

This would be determined on a case-by-case basis in discussion with funding providers. In 2020, many organisations who were unable to operate were granted extensions or delays to KPIs. It would depend on the type of service, what is required to deliver that service, and whether it could be delivered in an alternate way.

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Is the legal guidance regarding ongoing concerns about discrimination action against employers any clearer? (ongoing concerns regarding anti-discrimination action against employers for those unvaccinated workers prevented from continuing in the workplace)

Public Health has no specific advice. Refer to the Fair Work Ombudsman and Australian Human Rights Commission for detailed guidance and advice, and updates on the evolving case law.

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