The Occupational Health and Safety Amendment (COVID-19 Vaccination Information) Regulations, were automatically revoked on 12 July 2023. Employers who recorded or held COVID-19 vaccination information specifically under these regulations have 30 days to destroy that information.
Background to the OHS COVID-19 Regulations in Victoria
From 12 July 2022, the OHS COVID-19 Regulations authorised employers in Victoria to collect, record, hold and use COVID-19 vaccination information from 'specified persons', so that the employer could determine reasonably practicable OHS measures, and implement reasonably practicable control measures, to comply with a duty imposed under the OHS Act or Regulations.
The specified persons from whom information could be collected under the regulations, included:
- 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.
COVID-19 vaccination information includes information about whether a specified person:
- has received any vaccination against COVID-19 and the date of vaccination; or
- is unable to receive a dose (or a further dose) due to medical contraindication, acute medical illness or because they are under five years of age.
The OHS COVID-19 Regulations did not require workers to be vaccinated, but instead were implemented to seek to ensure that employers had the information they needed to make decisions about necessary control measures at the workplace to prevent the spread of COVID-19.
Regulations revoked. What employers need to do
The OHS COVID-19 Regulations were automatically revoked on 12 July 2023. Employers are required to destroy COVID-19 vaccination information recorded or held under the regulations within 30 days of the revocation date (ie. by 11 August 2023).
WorkSafe Victoria has made clear that the requirement to destroy COVID-19 vaccination information does not apply to "employers that are permitted or required under other laws to collect, use, record, or hold vaccination information". A person's COVID-19 vaccination status is health information protected by other legislation (including the Health Records Act 2001 (Vic)).
Employers should ensure that they destroy COVID-19 vaccination information by 11 August 2023, where employers have collected the information for the purposes of the regulations:
- determine reasonably practicable measures to control risks to health and safety associated with COVID-19 at the workplace, or
- to implement any reasonably practicable control measure to control risks to health and safety associated with COVID-19 at the workplace (for example, for the purpose of implementing mandatory COVID-19 vaccination policies).
Please get in touch with a member of our Workplace team if you would like more information on anything we have discussed in this article.
