Businesses and organisations still have an obligation to protect workers and their customers from the risks of COVID-19 through workplace health and safety requirements and policies despite a recent relaxing of isolation rules.

Following a decision by National Cabinet, the legal requirements for mandatory isolation for people who test positive to COVID-19 in South Australia were removed effective Friday 14 October 2022.

The changes that came into effect from 14 October 2022 are not a reflection of the end of the COVID-19 pandemic or that there is not a significant risk for individuals in our community but flag the move to a more sustainable approach to its management, including prevention strategies that can be scaled up or down in response to changing COVID-19 circumstances

All jurisdictions are still strongly encouraging COVID positive individuals and anyone with respiratory symptoms to stay at home to protect others.

In recognition of the high levels of primary vaccination coverage, hybrid immunity and availability of treatments, South Australia is moving along with the rest of the nation from a government mandated approach to managing COVID-19 in our community to enabling individuals, organisations and businesses to respond proportionate to their own circumstances and risk assessments.

At the same time, we all have a responsibility to ensure those most vulnerable to COVID-19 remain protected.

The changes mean that businesses and organisations have an obligation to protect workers and their customers from the risks of COVID-19 through workplace health and safety requirements and policies.

People at most risk of severe disease from COVID-19 are people of any age with chronic health problems, anyone who is immunocompromised, people who have not received three doses of vaccine and anyone aged over 70 years. This higher risk is clearly evident in our experience with the Omicron variant in South Australia, where these individuals are much more likely to develop severe symptoms, require hospitalisation or even die from COVID.

Legislative changes and remaining mandates

The legislative changes that came into effect from 14 October 2022 are:

  • people who test positive to COVID-19 are no longer legally required to isolate
  • the removal of all legislated mask requirements (noting that there is provision to reinstate masks in RACFs when there are cases amongst residents)
  • the removal of all legal close contact requirements
  • the removal of government legislated vaccine mandates for phase two and three healthcare settings (including GPs, allied health, and pharmacies).

The remaining COVID-19 legislation in South Australia expires on 24 November 2022, and the following requirements remain until sector policies are in place:

  • mandatory reporting of positive rapid antigen test (RAT) results
  • vaccination mandates for people who work in hospitals (public and private), ambulance services, disability, and in-home and community aged care
  • key parts of the Emergency Management (Residential Aged Care Facilities No 49) (COVID-19) Direction 2022.

What businesses need to do

With the removal of a number of mandated public health measures, the following policies must be considered and developed by businesses to meet workplace health and safety obligations, to ensure the safety and wellbeing of customers and visitors, and the health and safety of staff - particularly those most at risk of severe disease:

  • mask policy
  • visitor policy (including restrictions on COVID positive visitors entering sites)
  • workforce policy (including restricting return to work for COVID positive and close contact staff)
  • vaccination policy.
COVID-19 positive people are not to enter hospitals, Aboriginal healthcare, disability and aged care facilities.

In removing the isolation requirement, National Cabinet also advised that COVID-19 positive people must not attend or visit hospitals, Aboriginal healthcare, disability and aged care facilities, unless of course to seek care.

The control on COVID-19 positive people entering these settings is not possible by state legislation. This means that operators of these facilities will need to prevent the entry of COVID-19 positive people to their sites through both workplace and visitor policies and protocols.