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Victoria’s mask mandate: What employers need to be aware of
With Premier Daniel Andrews announcing masks will be mandatory for all Victorians from 11.59pm on Sunday, employers need to ensure best duty for its employees to stay within regulations.
Tony Zhang
A recent phenomenon during the COVID-19 pandemic in Australia has been the emergence of the anti-mask “activists”, such as “Karens”, with one law firm stirring up controversy.
Employers will need to have a duty of care to provide a safe working environment for staff, “so far as is reasonably practicable”.
Mr Byrnes said that businesses and law firms will need to stay alert and always have a clear and consistent approach as to when masks will be mandatory, advisable or where it is not considered necessary once the mandate sets in.
“Be consistent in the application of that approach,” Mr Byrnes said. “Carefully explain why a mask is considered necessary in those circumstances where it is.”
Furthermore, employers should clearly and respectfully communicate the approach in relation to masks to staff. Employers should seek to engage rather than dictate but be firm where necessary, according to Mr Byrnes.
If an employer considers face masks necessary to protect workers, they can lawfully direct employees to wear them.
“Consult with staff about use of masks and address any legitimate concerns or issues (in particular any medical or disability issues which might create difficulties for some to wear them),” he said.
Once the deadline hits, employers will need to fully understand the legal rights and obligations of both employer and employees when it comes to masks.
“Give short shrift to bizarre, vague ‘conscientious objector’ type arguments (which hopefully won’t be raised in a legal environment!) although care needs to be taken not to victimise an employee who raises a complaint or enquiry about wearing a mask, even if the employee’s underlying argument is lacking in merit or even rationality,” Mr Byrnes added.
“Put the issue on the agenda so that colleagues are aware of what they need to do when visiting or dealing with particular clients and don’t feel surprised or ambushed. Find out what is required or expected from clients, particularly when visiting their premises.”
If employers of staff are confronted by anti-mask activists, they should reflect upon their legal obligations to protect the health and safety of those employees. Two sources of such obligations are the Work Health and Safety Act 2011 (NSW) (WHS Act) and the Fair Work Act 2009 (Cth) (Fair Work Act).
Mr Byrnes said that given their apparent propensity to film and upload abusive content, which can lead to secondary online abuse from sympathisers, anti-mask activists currently pose a heightened risk.
“There is also a performative aspect to the process, with the objectors often filming staff and then uploading the resulting video to social media accounts where like-minded people coalesce, share the content and ferment outrage,” Mr Byrnes said.
