On 2 April 2020, the Queensland Chief Health Officer issued an updated Public Health Direction containing further border restrictions in relation to the Queensland resources sector to apply from 11.59 pm on Saturday, 4 April 2020 until the end of the declared public health emergency.

The restrictions mean that anyone entering Queensland from another state or territory, who is not an exempt person, will need to self-quarantine for 14 days. 

In summary, the impact on Queensland resources companies of these new measures are:

• At this stage, there are no movement restriction impacts on travel (FIFO and DIDO) within Queensland where it relates to movement to attend work.
• While the Public Health Direction is not clear itself, strictly DIDO workers from NSW, SA or NT may continue to enter via land and not have to self-isolate for 14 days after entry. However the FAQs issued by Government provide that this was intended to be limited to persons living and working close to the border. Some parts of industry are treating DIDO in the same way as FIFO given the lack of clarity at this stage and the impact of being unable to get workers to site.
• FIFO workers will need to self-isolate for 14 days after entry unless they are a Critical Resources Sector Employee. The list of Critical Resources Sector Employees is narrow and generally only includes employees who hold specified statutory roles under resources safety legislation.
• It is possible for a resources company to apply for a Critical Resources Sector Employee exemption on behalf of an employee and that application will be assessed by the Queensland Department of Health.

Given the attention on resources sector worker movement, companies should ensure that all workers travelling into and within Queensland carry evidence of their employment and other related information, as detailed below.

Companies with Critical Resources Sector Employees must have a health plan in place that complies with the requirements of the Chief Health Officer.

Who is an exempt worker?

In the resources industry, the following persons will be exempt from the requirement to self-isolate for 14 days on entry into Queensland:

• Any person who is ordinarily a resident in Queensland (including those returning from performing work in another state or territory).
• Any person who is providing transport or freight of goods, or logistics for the goods into, within and out of Queensland, provided that they practise social distancing whenever possible and remain self-quarantined in their vehicle or accommodation.
• Any person who is ordinarily a resident of NSW, SA and the NT and ordinarily works in Queensland by crossing a land border to attend work and does not propose to stay in Queensland for longer than reasonably necessary to attend work (i.e. DIDO employees). As noted above, there is some confusion regarding this exemption and we understand that the government's position is that this relates to those living and working close to the border. This would significantly narrow the scope of the exemption. If you need to rely on this exemption for persons not living close to the border, we recommend that you engage with the Chief Health Officer immediately or otherwise treat these employees the same as FIFO.
• A Critical Resources Sector Employee.

The exemptions will not operate for persons who have travelled in the last 14 days to an area which has been declared a COVID19 hotspot by the Chief Health Officer.

The exemption for DIDO workers will need to be monitored closely.

Who is a Critical Resources Sector Employee?

Critical Resources Sector Employee means a person that:

• Is required to be appointed under the Coal Mining Safety and Health Act 1999, the Mining and Quarrying Safety and Health Act 1999 or the Petroleum and Gas (Production and Safety) Act 2004, and the position is mentioned in the list published on the Queensland Health website; or
• Has been approved by the Chief Health Officer as a Critical Resources Sector Employee.

Those critical roles published on the Queensland Health website are:

Required position and application of the roles

Coal Mining Safety and Health Act 1999

• Site senior executive (SSE) – All coal mines
• Open cut examiner (OCE) – Surface mines
• Underground mine manager (UMM) – Underground mines
• Ventilation officer (VO) – Underground mines
• Explosion risk zone controller (ERZ) – Underground mines
• Mechanical engineering manager (MEM) – Underground mines
• Electrical engineering manager (EEM) – Underground mines and surface mines where electrical work is being carried out
• Underground fire officer – Requirement for emergency preparedness, underground mines

Mining and Quarrying Safety and Health Act 1999

• Site senior executive (SSE) – Mineral mines and quarries
• Underground mine manager (UMM) – Underground mines
• Person to control electrical work - Mineral mines and quarries where electrical work is being, or is proposed to be, undertaken
• Person to control winding operations - Applies only to winding operations where winder of at least 30kW capacity is used

Petroleum and Gas (Production and Safety) Act 2004

• Site safety manager – Operating plant

This list does not include any other FIFO mine workers, who are not exempt persons, unless they otherwise fall into another exempt category.

Minor additions to this list may occur but we don't expect any significant movement.

It is possible to apply to the Queensland Department of Health for an exemption in relation to an employee who is not a Critical Resources Sector Employee. However, it is expected to take a hard line approach to any approvals for additional exempt workers. The worker will need to be critical in order for the company's operation to continue, with further guidance provided here. Examples of critical resources sector employee exemptions may include:

• Workers required to conduct safety maintenance and safety compliance activities
• Persons identified in the management structure for a mine under legislation
• Workers involved in the implementation of an emergency response
• Workers who must hold a competency to undertake a task at a resources operation as required by legislation
• Workers employed in the technical operation, maintenance and repair of plant and infrastructure, essential construction and repairs, warehousing and logistics, and specialist technicians (e.g. electrical specialists to run power stations)
• Nursing/medical service workers.

MinterEllison can assist with the process for applying for an exemption.

What information do workers have to travel with?

Among other things exempt FIFO workers will need to produce the following information on arrival:

• Name of their employer;
• Evidence that they are a FIFO worker;
• Evidence that they are entering Queensland to go directly to work;
• Evidence of the location of the worksite or work camp;
• Evidence that they are a Critical Resources Sector Employee (i.e. the role held at the mine or rig); and
• Any other information requested in an arrivals form.

Given the current focus on the movement of resources sector employees, we recommend any worker travelling to work (FIFO, DIDO or within Queensland) is provided with a document from their employer clearly setting out this information.

What does this mean for non-critical employees resident outside Queensland but working in Queensland?

Employees who are not exempt will be required to self-quarantine for a period of 14 days on entering Queensland. This has the obvious potential to cause significant disruption to staffing levels within resources companies who have a workforce which consists of interstate workers.

If a resource company is not able to usefully employ those interstate workers in Queensland as a result of the Public Health Direction, this may give rise to an ability for the company to stand down those employees. The ability to stand down an employee is set out in the Fair Work Act 2009 (Cth), but is subject to an enterprise agreement or contract of employment which may also deal with stand down.

For more information on stand down see our earlier alert, COVID-19: Managing the effects on your workplace.

What is happening in other states?

The WA Government has recently implemented a 'hard' state border closure effective from midnight on 5 April 2020. The closure prevents any person from entering WA unless they fall under the definition of an 'exempt traveller'.

'Exempt travellers' includes those working in national and state security and governance, health services, emergency services, courts, tribunal and commission, those with specialist skills not available in WA and of particular relevance to the energy and resources sector:

• transport, freight and logistics services;
• FIFO workers who ordinarily travel to WA under their established work schedule; and
• family of FIFO workers who are granted the State Emergency Coordinator's written approval to enter WA on compassionate grounds.

Read here for more detail: Western Australia COVID-19 – travel restrictions impacts on employers

In South Australia, the Department for Energy and Mining issued a message on 4 April 2020 urging resources companies to 'dramatically reduce' employee movements, including by restricting operations to 'critical' work and, where possible, sourcing their workforce locally. The Department has also recommended that companies require FIFO workers to self-isolate on arrival and that they prepare COVID-19 Management Plans. The SA Government has implemented restrictions on interstate travel, although, exemptions are being granted in relation to FIFO workers returning to South Australia.

In New South Wales, there are currently no border controls for persons entering for work.

Contact our team if you require further advice about the impact of the Direction on your company.