NSW employers can still require staff Covid jabs, despite end of most mandates, say workplace lawyers

From 6pm on Friday, public health orders requiring key workplaces to be vaccinated will be lifted, and based instead on risk assessments under occupational workplace health and safety rules. Orders requiring aged care and disability workers to be vaccinated will remain in force, however.

Tooma said under workplace health and safety laws, employers have a duty of care to maintain a safe workplace for their employees as well as contractors, subcontractors and visitors. In terms of Covid-19, this obligation requires employers to take all reasonably practicable steps to minimise the risk of exposure to in the workplace.

Employers are required to conduct a risk assessment, which factors in the nature of the workplace and the type of work being undertaken, and implement control measures to minimise risk.

Several companies have already introduced workplace mandatory vaccination requirements, including Aldi, Coles, Commonwealth Bank, Qantas, SPC, Telstra, Virgin Australia, Westpac and Woolworths.

A move by BHP to make Covid vaccinations mandatory at its Mt Arthur coalmine in the Hunter Valley was found to be unreasonable by the Fair Work Commission, however, as the mining giant failed to reasonably consult with its employees about the policy.

Smith said the union encouraged its members to follow the science, with vaccines providing the best protection from the virus.

It comes as NSW premier, Dominic Perrottet, encouraged unvaccinated teachers back into classrooms when the mandate ends.

However, Tooma said he expected vaccines would be required for teachers.

Australian Medical Association vice-president, Dr Chris Moy, said Victoria had likely chosen to maintain worker mandates to protect its struggling healthcare system and boost vaccination rates.