On 10 November 2021 the Queensland Government released a Health Direction titled: Workers in a healthcare setting (COVID-19 Vaccination Requirements) Direction.
On 11 December 2021 the Government issued a further Health Direction to supplement the previous Direction and to clarify the limited circumstances when the vaccine requirements would apply to construction Workers. This supplementary Direction is titled: COVID-19 Vaccination Requirements for Workers in a high-risk setting Direction.
A key aspect of the supplementary Direction is identifying those people who are required to confirm that they have received two doses of an approved COVID-19 vaccination prior to attending site.
In practical terms, the 11 December Direction provides specific guidance for when the vaccination requirements do not apply.
The Direction states that a person engaged or employed to undertake work in specific parts of high-risk settings is not subject to the mandatory COVID-19 vaccination requirements.
For the exemption to apply, the part of the high-risk setting that they are working on must:
- be unoccupied by users and Workers of the high-risk setting; and
- be physically separate from the occupied part of the high-risk setting or be secured and delineated so that users and Workers of the high-risk setting cannot enter; and
- not have shared points of access with the users and Workers of the high-risk setting; and
- not be accessed by a person who uses the facilities (for example, toilets or lunchroom) in the high-risk setting.
The examples provided in the Health Direction for when the exemption applies are: Construction works on a free standing building not connected to an occupied high risk setting (new build or refurbishment) or installation of a modular building at a school or health campus.
Therefore, in circumstances when the construction site is able to be delineated from the high-risk setting and separate amenities are provided, the additional vaccination requirements for Workers in a high-risk setting would not apply to the construction Workers undertaking the project.
When considering these circumstances, it should be noted that construction sites by necessity have well established processes and a strong track record of managing risks, including the need for clear delineation between the construction activity, the public, and in these cases, the high-risk settings.
These controls have been commonplace in relation to hazards such as noise and dust, and since the start of the pandemic, they have included the management of COVID-19. These measures and processes are not only engrained into the day-to-day operation of construction sites, they are also legislative and contractual requirements.
Risks on Hutchies' construction sites are identified and managed through robust systems and structures which include safety plans, safe work method statements, highly trained safety professionals, elected health and safety representatives, functioning safety committees and daily pre-start meetings. In short, managing risks is a day-to-day, minute-to-minute proposition for the construction industry and timely implementation of necessary controls is no doubt one of the reasons construction has performed so well during the pandemic.
Hutchies fully appreciates that there may be particular circumstances when Health Directions concerning vaccination requirements for Workers in high-risk settings do apply (such as conducting maintenance works in an active ward) and in such circumstances, Hutchies confirms it will comply with those requirements.
We have adopted the Check In Qld app on Hutchies' projects to assist with contact tracing. In Phases 2 and 3 of the Plan, Hutchies' jobs will use our HammerTech Sign In system and other project specific measures deemed appropriate to enhance this process.
