FACT CHECKED BY
AUSTRALIAN UNIONS
Published: 01/02/2022
Category: Work Health and Safety
FACT CHECKED BY
AUSTRALIAN UNIONS
Published: 01/02/2022
Category: Work Health and Safety

Have you got questions about your safety and rights at work during the Omicron variant spread?

Australia is now experiencing our worst days since the start of the pandemic. We have some of the highest rates of infection globally, and the rapid spread of the Omicron variant of COVID-19 comes when many workplaces are unprepared.

We are here to support workers in ensuring they are able to operate in an environment that respects their health and safety.

To respond to questions from workers all across Australia, ACTU Secretary Sally McManus and Assistant Secretary Liam O’Brien provided information and support on making work safe and preventing transmission.

Read the FAQs below or watch the entire 30 minute video Q&A session.

Frequently Asked Questions: Working in a safe physical workplace

If you feel immediately unsafe at work, you can stop the unsafe work – but you must be available for other safe duties. Before taking this action, talk to your union delegate or Health and Safety Representative.

Health and Safety Representatives have the power to direct work to cease if there is an immediate or imminent risk to health and safety.

Under workplace law, employers are responsible for providing any required PPE at no cost to the worker. So if your workplace requires masks, you employer must provide them – the current health advice is for N95 or P2 masks.

You employer must ensure there is good ventilation. This might include taking action such as opening windows and not using recycled air for air conditioning. You can also request your employer acquire an air purifier if ventilation is poor in your workplace.

Rapid Antigen tests are effective at identifying infected people. Workplaces might consider introducing RAT programmes to keep workplaces safe. Where an employer introduces these, they are obliged to provide free RATs to workers to be used during paid work time.

 

Your union can support you if you have concerns or you can contact the Australian Worker Support Centre for advice on 1300 486 466 or contact us online.

If it is possible to work from home, then your employer should allow you to work from home.

If the nature of your job means you must work in a physical workplace, then employer has the responsibility of providing a safe workplace and minimising risk of COVID infection as much as possible.

If you don’t want to use hot desks, talk to your employer or approach your Health and Safety Representative. They can act as a spokesperson to the employer

If your workplace doesn’t have a Health and Safety Representative and you’re not sure how to elect one, your union can support you or you can contact the Australian Worker Support Centre for advice on 1300 486 466 or contact us online.

If it is possible to work from home, then your employer should allow you to work from home. They cannot ask you to work in anywhere that would have an imminent threat to your health or the health of someone for whom you have caring responsibilities.

It is illegal for an employer to threaten an employee with loss of work if that worker has serious health and safety concerns about their workplace. You should talk to your Health and Safety Representative about your worries – they can act as a spokesperson to your employer.

If your workplace doesn’t have a Health and Safety Representative and you’re not sure how to elect one, your union can support you or you can contact the Australian Worker Support Centre for advice on 1300 486 466 or contact us online.

 

Your respective union is best placed to answer these questions as they understand the nuances and details that are particular to your sector or region.

If you haven’t already joined your union, you can do so here.

Taking leave during a pandemic

Some workplaces have internal pandemic leave for workers who have tested positive or are acquired to isolate. However, if this is unavailable at your work, then you may be able to use sick leave or carer’s leave.

If you’re a casual worker or have run out of paid leave, the Pandemic Leave Disaster Payment is there to provide financial support. Please note that you have to apply for the Payment within 14 days of your first day of isolation.

If you have become sick while on annual leave, you can ask your employer to change the leave to sick leave.

Compensation for any illness contracted while at work can be claimed through WorkCover.

Follow the process outlined in this factsheet and be aware that WorkCover varies across the state and territories.

Your union can support you if you have concerns or you can contact the Australian Worker Support Centre for advice on 1300 486 466 or contact us online.

Your best protection at work is union membership. Union members have access to expert, specialist workplace advice, support and assistance. We’ve made it simple, quick and easy to join online here. You can also find out more about the additional benefits of union membership here.

For safer workplaces

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Feeling uneasy about your COVID safety at work? We answer your top questions

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Feeling uneasy about your COVID safety at work? We answer your top questions