Very high caseload settings and critical worker furloughing periods

Western Australia moved to very high caseload settings at 12.01am Thursday March 10.

Employees classified as critical workers may be exempt from the requirement for close contacts of a confirmed COVID case to isolate for 7 days.  As long as the critical worker is showing no symptoms and reports daily negative Rapid Antigen Tests, they can choose to continue to go to work.

Building and construction is an 'essential industry' under the Critical Worker Directions, and some civil construction employees may meet the critical worker criteria. Contact CCF WA on ccfwa@ccfwa.com.au if you are unsure.

It's important to remember there is a significant risk associated with close contacts attending work, as they remain highly susceptible to contracting COVID-19 due to the nature of their contact with a positive case. This risk is substantially higher in households where the case cannot isolate effectively. Prior to implementing a critical worker exemption you should consider these factors as part of a critical worker mitigation assessment and ensure that rigorous risk management strategies are in place on site.

WA COVID-19 TTIQ (Test, Trace, Isolate and Quarantine) Plan

This useful document provides guidance for a risk-based response to COVID-19 outbreaks in the context of both 'high caseload' and 'very high caseload' settings. It includes step-by-step advice on processes workplaces should implement.

Click here for the TTIQ Plan

Critical Worker Furloughing Guidance

This Guidance has detailed information on the processes businesses should take when planning, preparing and applying the Critical Worker exemption (i.e. requesting a worker who is an asymptomatic close contact to continue attending work). 

The Critical Worker Furloughing Guidance is available here.

The online registration system for critical workers in a very high COVID-19 caseload environment is now active.

General information about the online registration system is available here.

The online registration system is available here.

FAQs on the online registration system are available here.

The COVID Transition (Critical Worker) Directions (Primary Directions) are available here. Amendments to these Directions have been made via the COVID Transition (Critical Worker) Amendment Directions available here and the COVID Transition (Critical Worker) Amendment Directions (No 2) available here.  An Unofficial Consolidation of the COVID Transition (Critical Worker) Directions is available here.

FAQs on testing, isolation and close contacts is available here.

COVID Close Contact and Isolation Protocols 

As of Tuesday, February 8, isolation periods have been reduced from 14 days to 7 days.

Casual contacts are no longer subject to testing and isolation, however people who experience symptoms should get a PCR test immediately.

Close contacts have been redefined as:

• A household member or intimate partner of a person with COVID-19; or
• Face to Face Contact for at least 15mins where a mask was not worn by the exposed person and the person with COVID-19; or
• In a small room with someone for 2 hours or more where masks have been removed for this period by the exposed person and the person with COVID-19 (note, if others were wearing masks in this scenario they would not be a contact); or
• Someone who is directed by WA Health that they are a close contact.

Government Public Health Directions

COVID Transition (Critical Worker) Directions

These Directions set out requirements, including isolation and testing requirements, for a person who is a critical worker and is a close contact attending work and their employers, and are for the purpose of limiting the spread of COVID-19 in Western Australia while facilitating the continuity of essential operations.

COVID Transition (Critical Worker) Directions (Primary Directions)

COVID Transition (Critical Workers) Amendment Directions

COVID Transition (Critical Workers) Amendment Directions (No 2)

COVID Transition (Testing and Isolation) Direction (No 6)

These Directions outline the requirements for testing and isolation procedures.

COVID Transition (Testing and Isolation) Directions (No 8)

Building and Construction Industry Worker (Restrictions on Access) Directions (No.3) with Exemption Guidelines

(Includes: Building and Construction Industry Worker (Restrictions on Access) Directions (No.3); Building and Construction Industry Worker Restrictions on Access Directions (No 2) – Exemption Guidelines; Building and Construction Industry Worker Restrictions on Access Directions (No 2) – Exemption Application Form – paragraph 20(b); and Building and Construction Industry Worker Restrictions on Access Directions (No 2) – Temporary Exemption Application Form – paragraph 20(a)(ii).)

The Building and Construction Industry Worker (Restrictions on Access) Directions (No 3) were issued on December 31, 2021. The changes in this version of the Directions were:

• A revision to Paragraph 13, which defines a building and construction site. This revision makes it clearer that the exemptions pursuant to paragraphs 41 and 42 of the Building Regulations 2012 (WA) only apply to building work.
• A new exclusion to the definition of Building and Construction Worker in Schedule 1, that it “does not include a person employed by a local government undertaking minor construction work (including but not limited to minor road works, work on pavements/footpaths, irrigation work, parks and gardens work, landscaping work) where the construction work is being conducted by only people employed by a local government.”

Building and Construction Industry Worker (Restrictions on Access) Directions (No. 3)

Booster Vaccination (Restrictions on Access) Directions (No.2) with Evidence and Exemption Guidelines

(Includes: Booster Vaccination (Restrictions on Access) Directions (no 2); Chief Health Officer Approved Forms of Evidence of Booster Vaccination under Paragraph 8 of the Booster Vaccination (Restrictions on Access) Directions (No.2); Booster Vaccination (Restrictions on Access) Directions (No 2) - Exemption Guidelines; Booster Vaccination (Restrictions on Access) Directions (No 2) - Temporary Exemption Application - paragraph 20(a)(ii); and Booster Vaccination (Restrictions on Access) Directions (No 2) - Exemption Application Form - paragraph 20(b).)

The Booster Vaccination (Restrictions on Access) Directions (No 2) mandate a COVID-19 booster dose for workers who are required to comply with vaccination requirements in other directions, including the Building and Construction Industry Worker (Restrictions on Access) Directions (No 3).

Booster Vaccination (Restrictions on Access) Directions (no 2)

Test Isolation Payment

https://www.wa.gov.au/government/publications/covid-19-coronavirus-test-isolation-payment

Mandatory Vaccination Directions – all sectors

https://www.wa.gov.au/government/document-collections/covid-19-coronavirus-mandatory-vaccination

WA Health Guidance

Mandatory vaccination for workers FAQs

https://ww2.health.wa.gov.au/~/media/Corp/Documents/Health-for/Infectious-disease/COVID19/Vaccination/COVID19-Mandatory-vaccination-FAQs.pdf

COVID-19 information for business, industry and local government

Guidance on infection control and PPE.

https://ww2.health.wa.gov.au/Articles/A_E/Coronavirus/COVID19-information-for-business-and-industry

Government advice re travel and quarantine

Information on WA’s controlled border arrangement, conditions of entry and quarantine.

https://www.wa.gov.au/government/covid-19-coronavirus/covid-19-coronavirus-travel-and-quarantine

WorkSafe WA guidance

Building and construction: Minimising the risk from COVID-19

https://www.commerce.wa.gov.au/publications/building-and-construction-minimising-risk-covid-19

COVID-19 vaccinations and employment - private sector

https://www.commerce.wa.gov.au/labour-relations/covid-19-vaccinations-and-employment-private-sector

COVID-19 coronavirus guidance for employers: Looking after employee mental health

https://www.commerce.wa.gov.au/publications/covid-19-coronavirus-guidance-employers-looking-after-employee-mental-health

Fair Work guidance

Coronavirus and Australian workplace laws

https://coronavirus.fairwork.gov.au/

Pandemic leave. The Fair Work Commission has extended the entitlement to unpaid pandemic leave in the Building and Construction General Onsite Award until 30 June 2022. Employees can access up to 2 weeks’ unpaid pandemic leave (or more by agreement) if they're prevented from working due to being required to self-isolate, or by government measures (e.g. Directions).

https://coronavirus.fairwork.gov.au/coronavirus-and-australian-workplace-laws/pay-leave-and-stand-downs/unpaid-pandemic-leave-annual-leave-changes-in-awards

CCF WA and Industry Guidance

Industry Guideline: COVID-19 health, safety and wellbeing guideline for the Western Australian building and construction industry

The purpose of this Guideline is to provide a consolidated up-to-date source of reliable information for all members of the Industry to assist them in effectively managing the health, safety and wellbeing impacts of COVID-19.

DOWNLOAD

 

Managing Mandatory Vaccination compliance – subcontractors and suppliers

Template letter for subcontractors and suppliers. In its Mandatory Vaccination FAQs the State Government suggests that a person or organisation in charge of a workplace (e.g. a head contractor in charge of a construction site) should consider requiring a letter from all subcontractors and suppliers, as a reasonable step to ensuring that workers who attend the site are vaccinated or exempt.  The template letter download below can be provided to subcontractors and suppliers, who should put it on their own letterhead, sign and return.

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Site entry sign – Mandatory vaccination compliance. The Mandatory Vaccination FAQs also suggest placing a sign at the entry point to the workplace stating that by entering the workplace, the worker is confirming they are vaccinated or exempt as legally required under the Directions. CCF WA Members can download the template sign below.

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Guidance on definition of 'Building and Construction Worker'

The Building and Construction Industry Worker (Restrictions on Access) Directions (No 3) define a ‘building and construction worker’ as "a person who carries out activities or undertakes services at a building and construction site and is employed or otherwise engaged, including in a voluntary or unpaid capacity: by the owner, occupier, operator or person apparently in charge of the building and construction site; or by a contractor or subcontractor of the owner, occupier, operator or person in charge of the building and construction site."   The definition in the Directions is very broad and includes many employees who carry out on-site activities that may not be commonly regarded as building and construction work, e.g. administrative and support functions. Apart from a few specified exclusions (e.g. local government employees doing minor works, union officials, federal safety inspectors), all employees of clients, head contractors, subcontractors, suppliers etc entering a building and construction site in the course of their employment must be vaccinated as per all relevant Directions or have an approved medical exemption.