Regulations to allow collection of COVID-19 vaccination status

The Occupational Health and Safety Amendment (COVID-19 Vaccination Information) Regulations 2022 enable employers to collect, record, hold and use COVID-19 vaccination information from specified persons attending a workplace under their management or control in order to determine and to implement reasonably practicable measures to control COVID-19 risks.

The regulations do not impose any new obligations on employers.

A specified person includes employees, independent contractors and their employees, volunteers and students on placement permitted to attend the workplace.

The regulations, which were introduced following the removal of certain vaccination requirements under the Pandemic Orders, commenced today and will be in effect until 12 July 2023. Any COVID-19 vaccination information recorded or held under these regulations must be destroyed within 30 days of this date, unless the information is otherwise required to be destroyed earlier or retained after this date.

Employers are reminded that a worker's COVID-19 vaccination status is sensitive health information and that there are legal obligations under other legislation which may impact their powers under these new regulations.

The new regulations do not affect an employer's duty to, so far as reasonably practicable, consult with employees when making decisions about the measures to be taken to control risks to health or safety.