Managing COVID-19 risks: Creative and performing arts

Restrictions apply across Victoria

Depending on your industry your workplace may:

• be subject to restricted operations or industry specific obligations
• be subject to COVID-19 vaccination requirements

It is mandatory for every Victorian business with on-site operations to have a COVIDSafe Plan. COVIDSafe plans should be reviewed and updated regularly.

COVID-19 restrictions in Victoria may be updated at any time. You must stay up to date with changes for your industry.

How are my occupational health and safety (OHS) obligations impacted by the restrictions?

There is no change to your obligations under the Occupational Health and Safety Act 2004 (OHS Act) and Occupational Health and Safety Regulations 2017 (OHS Regulations) as a result of the Pandemic Orders issued by the Victorian Minister for Health.

Preparation of a COVIDSafe Plan forms part of the development of a safe system of work. However, having a COVIDSafe Plan and complying with the Victorian Pandemic Orders does not necessarily mean you have complied with all of your duties under the OHS Act and OHS Regulations.

You must follow any Pandemic Orders that apply to how your business must operate, and ensure that you are meeting your obligations under the OHS Act. Employees must also comply with their duties under the OHS Act.

Transmission of COVID-19

Researchers are still learning about COVID-19, its long-term effects and emerging variants.

COVID-19 is a respiratory disease caused by a coronavirus (SARS-CoV-2) that can result in mild to very severe illness and death.

The main way COVID-19 spreads is when a person with COVID-19 exhales droplets and/or aerosol particles containing the virus. This can happen when they breathe out, cough, sneeze, speak, shout or sing.

Exhaled droplets range in size. Large droplets settle out of the air faster than they evaporate. Small droplets remain suspended in the air for longer periods. Very fine droplets may contain the virus, and can stay suspended in the air for anywhere from minutes to hours. Small droplets and particles are often referred to as ‘aerosols’.

Transmission of COVID-19 can occur in a number of ways, and possibly in combination.

1. Airborne transmission

This occurs when a person inhales aerosols that may contain viral particles that are infectious.

While the risk of transmission is highest when close to an infectious person, air currents can disperse small droplets and particles over long distances. These may be inhaled by people who have not had face-to-face contact or been in the same space with the infectious person. Airborne transmission is more likely to occur in indoor or enclosed settings that are poorly ventilated, crowded, or both. In these kinds of settings, the virus may remain suspended in the air for longer and increase the risk of spread as people tend to spend longer periods in indoor settings.

2. Droplet transmission

Transmission occurs where exhaled droplets from a person with COVID-19 come into contact with another person's mucosal surfaces (nose, mouth or eyes). The risk of transmission is highest when close to the source, where the concentration of these droplets is greatest.

3. Contaminated surfaces transmission

People may also become infected by touching surfaces that have been contaminated by the virus, and then touching their eyes, nose or mouth without cleaning their hands.

COVID-19 and the creative and performing arts industry

The creative and performing arts industry plays an important part in a vibrant Victorian economy, employing thousands of people. It includes museums, galleries, performing arts venues, live production services, music, screen and media, visual arts, craft, and design.

Employees, performers, volunteers and others in the creative and performing arts industry may have an increased risk of exposure to COVID-19 due to difficulty maintaining physical distancing. For example, when working closely or in small spaces with others, and coming into contact with potentially contaminated surfaces, such as door handles, money, props, shared tools or equipment.

Under the Occupational Health and Safety Act 2004 (OHS Act) employers have a duty to provide and maintain, so far as is reasonably practicable, a working environment that is safe and without risks to the health of employees, including independent contractors. This includes preventing risks to health, including psychological health, and safety associated with potential exposure to COVID-19.

Employers and self-employed people have a duty to ensure, so far as is reasonably practicable, that other people, for example volunteers and patrons, are not exposed to risks to their health and safety arising from how they conduct their business.

Employees have a duty to take reasonable care of their own and others health and safety in the workplace and cooperate with their employers about any action they take to comply with the OHS Act or Regulations.

Identifying risks

Employers must identify hazards and if necessary, assess the level of risk to the health of employees from exposure to COVID-19 at their workplace. This must be done in consultation with health and safety representatives (HSRs), if any, and employees, so far as is reasonably practicable.

Risks for employees in the creative and performing arts industry include:

• environments and tasks that require working closely with others, such as rehearsals, service counters and box offices, cafes and foyers, back of house production and live performance settings, moving or lifting equipment, and hair and makeup application
• sharing facilities such as common areas, exhibition spaces, rehearsal rooms, dressing rooms, green rooms, meal areas, showers and toilets
• shared use of tools and equipment, for example, machinery operation controls such as handles, levers, control panels, mixing desks, headsets, microphones and instruments
• shared handling of products, for example, during cleaning after performances, storing props and unpacking and preparing equipment used in performances or exhibitions
• engaging with the public and suppliers

Employers must also identify whether there are other increased risks as a result of COVID-19, such as:

• fatigue and stress because of changes in the workplace. For example, changes to work processes, work hours and rosters
• musculoskeletal risks associated with changes to the physical workplace or systems of work. For example, the introduction of physical barriers such as partitions to separate employees from each other and patrons

Controlling risks

Where a risk to health is identified at a workplace, employers must, so far as is reasonably practicable, eliminate the risk. Where it is not possible to eliminate the risk, it must be controlled, so far as is reasonably practicable.

The types of control measures required depends on the level of risk as well as the availability and suitability of controls for each workplace, including individual work areas.

Face masks in workplaces

Pandemic Orders made by the Victorian Minister for Health about face masks are in place across Victoria. For more information see the guidance Managing COVID-19 risks: Face masks in workplaces.

COVID-19 vaccinations in workplaces

COVID-19 vaccination is one control measure that can reduce the risk of COVID-19 in workplaces. This should be part of a suite of controls used to reduce the risk of COVID-19 in workplaces.

Consult with employees

Employers have a duty to consult with employees, independent contractors and any health and safety representatives (HSRs), so far as is reasonably practicable, on matters related to health or safety that directly affect, or are likely to directly affect them. This includes consultation on identifying hazards or risks and decisions about how to control risks associated with COVID-19.

The consultation should be conducted in accordance with any agreed consultation procedures.

The symptoms of COVID-19 are: fever, chills or sweats, cough, sore throat, shortness of breath, runny nose and loss or change in sense of smell or taste.

Some people may also experience headache, muscle soreness, stuffy nose, nausea, vomiting and diarrhoea.

If an employee develops any COVID-19 symptoms, however mild, they should:

• self-isolate immediately, get tested and if needed, seek advice from their doctor or the Victorian Coronavirus Hotline on 1800 675 398.
• tell their employer as soon as possible, follow the procedures their workplace has in place to deal with symptomatic people, and update their employer if their situation changes, for example: if they receive a positive COVID-19 diagnosis

In the event of a suspected or confirmed COVID-19 case or cases at the workplace, Pandemic Orders issued by the Victorian Minister for Health may also require employers to take specific response actions.

Ensure employees know what to do

An employer's duty to eliminate or reduce risks associated with exposure to COVID-19 so far as is reasonably practicable includes ensuring that:

• confirmed COVID-19 cases do not attend the workplace
• employees know what to do or who to notify if they feel unwell or suspect they've been infected, according to the information provided by DH
• employees who have been in contact with confirmed or probable cases of COVID-19 are instructed to follow DH procedures
• any unwell employee does not attend the workplace, including those who have been tested for COVID-19 and are awaiting their test result

Screening

Employers should implement an employee screening process to minimise the introduction of COVID-19 into the workplace. Employers should ask employees before they enter the workplace if they are currently subject to any Pandemic Order requirements (such as needing to isolate or quarantine), and instruct employees who have been in contact with confirmed or probable cases of COVID-19 to follow Department of Health (DH) procedures.

Creative and performing arts industry guidelines

Physical distancing, hygiene and environmental cleaning are primary risk control measures and should be implemented in accordance with relevant industry guidance.

For information about how to control risks in the creative and performing arts industry, see the guidelines from the Arts and Recreation services page on the Coronavirus Victoria website.

Legal duties

Employers have duties under the OHS Act, which include that they must, so far as is reasonably practicable:

• provide and maintain a working environment that is safe and without risks to the health of employees and independent contractors
• provide adequate facilities for the welfare of employees and independent contractors
• provide such information, instruction, training or supervision to employees and independent contractors as is necessary to enable those persons to perform their work in a way that is safe and without risks to health
• monitor the health of their employees
• monitor conditions at any workplace under the employer's management and control
• provide information concerning health and safety to employees, including (where appropriate) in languages other than English
• ensure that persons other than employees of the employer are not exposed to risks to their health or safety arising from the conduct of the undertaking of the employer
• consult with employees and HSRs, if any, on matters related to health or safety that directly affect or are likely to directly affect them

A person with management or control of a workplace must ensure, so far as is reasonably practicable, that the workplace and the means of entering and leaving it are safe and without risks to health.

Employees also have duties under the OHS Act, which includes that they must:

• take reasonable care for their own health and safety
• take reasonable care for the health and safety of persons who may be affected by the employee's acts or omissions at a workplace
• co-operate with their employer with respect to any action taken by the employer to comply with a requirement imposed by or under the OHS Act

The OHS Act gives HSRs a role in raising and resolving any OHS issues with their employer, and powers to take issues further if necessary.