After almost two years of the uncertainty around what is happening, it’s fair to say we are all at the end of our tether and tensions are running high. Opinions are divided and friendships have been tested. That doesn’t excuse an employer from the requirement of continuing to comply with obligations placed on them.

We are all entitled to feel safe at work and to actually work in a safe work place. That’s not only a feeling, it’s the law. Whether employers and fellow colleagues like it or not, this entitlement of feeling and being safe extends to following health directives as and when issued by the Government.

An employer MUST take action to protect workers and others at their workplace from the risk of the exposure to COVID-19 to the extent that it is reasonably practical. Therefore this means that the employer has an obligation to follow directives.

Employers are generally going to fall into one of two categories – those that will comply, and those who won’t. Usually, although not always, larger employers will have policies in place, although smaller departments within those employers may not always apply the policies consistently – particularly those departments or teams that work in different locations. 

There is currently a mask directive for workplaces in Queensland. Masks must be worn at indoor workplaces such as offices unless it is unsafe to do so (or the employee has a valid exemption). If you are seated at an indoor workplace, and you are able to maintain 1.5m distance from your colleagues, you may remove your mask. Queensland Health strongly recommends that masks are worn at all times because of the rapid spread of COVID-19 (https://www.qld.gov.au/health/conditions/health-alerts/coronavirus-covid-19/current-status/public-health-directions/mandatory-masks ). 

As part of their COVID Safe plan, Employers should also have hygiene supplies such as hand sanitizer, antibacterial wipes, surface sprays and cleaning products. 

There are significant penalties for non-compliance of health directives. Individuals face an on the spot fine of $1,378, corporations face an on the spot fine of $6,892 and court imposed penalties are up to $13,785 or six months in prison. Refusing a police direction to wear a face mask can see on the spot fines of $206.

So what to do when your employer isn’t complying or perhaps you feel unsafe?

Firstly, you should raise your concerns with your manager or HR department (if you have one). Employees in smaller businesses are likely to feel more intimidated by this, however it is important you advise your employer of your concerns (Employees also have obligations under the Work Health and Safety Legislation). Your Employer may genuinely not realise the extent of the directives, or understand your concerns. Bringing this to their attention places them on notice of an issue or potential hazard and places a positive obligation on them to consider the risk and take steps to mitigate, minimize or eliminate the risk.

If your Employer is non responsive, or dismisses your concerns, or indicates they are clearly not going to comply, you should take your own personal steps to ensure your safety such as: 

Wear a maskAdvise your colleagues of your wishes
Take your own supply of sanitizer or anti bacterial wipes for your own use
Avoid common areas of the workplace (take rest breaks and lunches away from the office)
Work from home if possible

If you are a union member, you may wish to report the non compliance to your union. You can also contact WorkSafe Qld for advice. The Queensland Police Service and Industry Regulators are responsible for enforcing the directives so you may also seek advice from them.

If you wish to know more about your entitlements as an employee, or have concerns about your employment, our team is happy to chat with you.