Directions and industry requirements are regularly updated
This guidance is correct as at time of publication, however, Victorian Chief Health Officer (CHO) Directions and industry requirements are regularly updated. Readers of this guidance need to check the latest CHO Directions for applicability.
Restrictions apply across Victoria
Depending on your industry your workplace may:
- be required to close temporarily for on-site work
- remain open for on-site work with a completed COVIDSafe Plan in place
- be subject to restricted operations or industry specific obligations.
It is mandatory for every Victorian business with on-site operations to have a COVIDSafe Plan.
Victoria’s COVIDSafe settings 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 directions issued by the Victorian Chief Health Officer (CHO).
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 CHO directions does not necessarily mean you have complied with your duties under the OHS Act and OHS Regulations.
You must follow any health directions 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.
Coronavirus (COVID-19) and the commercial passenger vehicle (taxi and rideshare) industry
Coronavirus (COVID-19) can cause mild to severe respiratory illness. The most common coronavirus (COVID-19) symptoms reported are:
- chills or sweats
- sore throat
- shortness of breath
- runny nose
- loss of sense of smell or taste
Coronavirus (COVID-19) is most likely to spread from person-to-person through:
- close contact with a person who has coronavirus (COVID-19)
- touching objects or surfaces (such as door handles) contaminated by a person with the virus
Because drivers in the taxi and rideshare industry work in a small, enclosed space, keeping a 1.5 metre distance from passengers is often not possible. Contact with frequently touched, and potentially contaminated, surfaces such as door handles or bags, may also increase their risk of coronavirus (COVID-19).
In addition to following directions about face masks, extra precautions such as practising good hand hygiene and regularly cleaning frequently touched surfaces are recommended.
Under the Occupational Health and Safety Act 2004 (OHS Act), a range of duty holders have health and safety obligations that apply to taking steps to prevent exposure to coronavirus (COVID-19). For example, you have obligations if you are a:
- provider who employs drivers
- driver who is an employee
- self-employed driver
These obligations include:
- 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.
- 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.
- Employers and self-employed people have a duty to ensure, so far as is reasonably practicable, that people are not exposed to risks to their health and safety arising from how they conduct their business undertaking.
More information about employer and employee obligations is set out below in Legal duties.
In the guidance below, 'drivers' refers to self-employed drivers and drivers who are employees or independent contractors.
Face masks in workplaces
Directions from the Victorian Chief Health Officer about face masks are in place across Victoria. For more information see the guidance Managing COVID-19 risks: Face masks in workplaces.
Where a risk to health is identified at a workplace, employers must, so far as is reasonably practicable, eliminate the risk. Where it isn't possible to eliminate the risk, it must be reduced, so far as is reasonably practicable.
Screening and quarantining
Employers should implement an employee screening process to minimise the introduction of coronavirus (COVID-19) into the workplace.
An employer should direct employees to inform them if they:
- experience any symptoms, even if they are mild
- have been (or have potentially been) in contact with someone who has been diagnosed with or is suspected of having coronavirus (COVID-19)
- are subject to any isolation directions (such as isolation, quarantine or in relation to travel)
The Staff coronavirus (COVID-19) health questionnaire on the Coronavirus Victoria website is a useful screening tool for employers and drivers.
An employer's duty to eliminate or reduce risks associated with exposure to coronavirus (COVID-19) so far as is reasonably practicable includes ensuring that:
- 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
- any unwell employee does not attend the workplace, including employees who have been tested for coronavirus (COVID-19) or who are confirmed coronavirus (COVID-19) cases. If an employee has symptoms of coronavirus (COVID-19) but returns a negative test they should not attend the workplace until symptoms have resolved
If a driver develops symptoms
If a driver develops any of the symptoms of coronavirus (COVID-19), however mild, they should:
- stop providing services and get a free test for coronavirus (COVID-19) immediately, and self-isolate while they await their results
- inform their employer as soon as possible, follow the procedures their workplace has in place, and update their employer if their situation changes (for example, if they receive a positive coronavirus (COVID-19) test result)
For more information, call the Coronavirus Hotline on 1800 675 398 – open 24 hours, 7 days. If you need an interpreter, please press 0 when you call the hotline.
In the event of a suspected or confirmed coronavirus (COVID-19) case at the workplace, Directions from the Chief Health Officer may also require that employers take specific response actions.
Notifiable incidents and COVID-19
From 28 July 2020 new temporary regulations under the Occupational Health and Safety Act 2004 specify when employers and self-employed persons must notify WorkSafe of a confirmed diagnosis of COVID-19 in the workplace. For more information see the guidance Notifiable incidents involving COVID-19.
In instances where a driver tests positive for coronavirus (COVID-19), DH will liaise with the driver and their employer and perform a risk assessment that will initiate contact tracing.
Maintaining a physical distance of at least 1.5 metres between drivers and passengers is often not possible in most taxi and rideshare vehicles. However, there are steps employers and drivers can take to stay safe and slow the spread of coronavirus (COVID-19).
These steps include:
- limiting the number of passengers per vehicle
- following the Chief Health Officer’s directions about face coverings avoiding physical contact with passengers and where possible asking passengers to:
- sit in the back of the vehicle
- handle their own luggage where possible – passengers and drivers should use alcohol-based hand sanitiser before and after handling luggage
- use contactless payments – where cash payment is required, drivers and passengers should use alcohol-based hand sanitiser before and after paying
When waiting at taxi ranks, drivers should observe physical distancing measures, staying 1.5 metres away from others.
Cleaning and disinfecting high-touch surface areas that are frequently touched by drivers and passengers can help slow the spread of coronavirus (COVID-19).
Cleaning needs to be conducted in accordance with the DH information on cleaning and disinfection for workplaces.
The Commercial Passenger Vehicles Victoria website also has information for drivers about cleaning.
Employers and drivers should increase cleaning regimes for commercial passenger vehicles, including:
- regularly clean and disinfect surfaces in the vehicle which the driver and passengers touch during a shift, such as doors and door handles, seatbelts, seats and windows
- ensure surfaces are thoroughly cleaned with appropriate disinfectant wipes if a passenger spreads droplets (such as by sneezing, coughing or vomiting
- thoroughly clean any visibly soiled surface with appropriate products
- clean vehicles using standard cleaning practices to ensure good hygiene at the end of each shift, for example wipe down surfaces with disinfectant, focussing on frequently touched surfaces such as doors and door handles, seatbelts, seats and windows, window controls, payment terminals and boot lids
- use alcohol-based hand sanitiser or thoroughly wash hands with soap and water before and after cleaning any frequently touched surfaces
- ensure appropriate personal protective equipment (PPE), as recommended by a cleaning product's manufacturers, is worn when cleaning vehicles
Driver and passenger hygiene
Drivers and passengers should practise good hygiene by:
- using alcohol-based hand sanitiser regularly, particularly before and after opening and closing doors, disposing of waste, moving luggage, exchanging payment and after personal contact
- washing hands frequently with soap and water for at least 20 seconds, including before and after eating and after going to the toilet
- covering coughs and sneezes with a tissue, or elbow if no tissue available, and immediately disposing of tissue and cleaning hands
- avoiding touching the eyes, nose and mouth
- cleaning and disinfecting surfaces and shared equipment (for example payment terminals) after use
- not shaking hands
- limiting all other contact with other people or their belongings where possible, including touching a passenger's payment card or cash
- not having air conditioning on recirculate - set it to external airflow or open windows instead
Where appropriate, sealable waste bags should be provided in vehicles to enable hygienic disposal of rubbish, such as used tissues, immediately after use. Employers and drivers should ensure alcohol-based hand sanitiser is readily available inside the vehicle.
Employers should provide adequate facilities and products to allow employees to maintain good hygiene practices, including alcohol-based hand sanitiser, disinfectant wipes and washrooms with soap and water for washing hands. Employers also need to provide face masks for drivers to provide to passengers who are unwell or have returned from overseas.
Communicating with passengers
Employers and self-employed drivers should display signage in vehicles for passengers on actions they can take to slow the spread of coronavirus (COVID-19). Commercial Passenger Vehicles Victoria has a poster for this purpose.
Drivers should be made aware of, and inform passengers of the following:
- The importance of good hygiene practices and physical distancing to reduce the risk of exposure to coronavirus (COVID-19).
- Where possible, passengers who are unwell or travelling to their location of mandatory quarantine or self-isolation should use a personal mode of transport, or transport dedicated for this purpose (such as transport provided for people returning from overseas).
- If a passenger is unwell or is travelling to their place of mandatory quarantine or self-isolation and they have no option but to use a commercial passenger vehicle, they:
- must follow the Chief Health Officer directions about wearing a face mask – if the passenger does not have one, the driver should supply one, for example a face mask
- should avoid direct contact with the driver, including sitting in the passenger side of the back seat to achieve as much physical distance as is reasonably possible
- should follow good hygiene practices (see above)
If a passenger refuses to take the above precautions and this may present a risk to the driver's health and safety, the driver may choose to refuse or terminate the trip. It is not acceptable for drivers to refuse or cancel a trip based on a passenger's nationality, disability or cultural background. There are equal opportunity and anti-discrimination laws that apply to fare refusal.
Communicating with employees
- provide updated information to all employees in a format that they can readily understand (for example in their own language) and in multiple formats (such as email, posters, verbal), including to employees on leave, contractors and casual workers
- ensure there are contingency plans in place to replace unwell staff when necessary
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
- where a risk to health is identified at a workplace, eliminate the risk. Where it isn't possible to eliminate the risk, reduce it, so far as is reasonably practicable
- 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 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 health and safety representatives (HSRs), if any, on matters related to health or safety that directly affect or are likely to directly affect them
Self-employed persons must ensure, so far as is reasonably practicable, that people are not exposed to risks to their health and safety arising from how they conduct their business.
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. For more information see the guidance on powers of health and safety representatives.