Workplace health and safety should always be a concern for businesses, particularly during the current situation that many are facing. A well-fitted, clean and correctly functioning facemask at work is essential to minimise the spread of COVID-19. As an employer, the protection of your staff while performing their duties is a priority. A facemask may be the protection your staff may need.
Is Wearing A Mask Mandatory?
Different states (QLD) or territories may have different rules about wearing a facemask at work, depending on whether there is an enforceable government or public health directive that may be applicable. As an employer or business owner, you will need to check if those directions apply to your business.
You may be held legally accountable and liable for failing to fulfil health and safety obligations as an employer. Particularly if, in doing so, you put your employees’ health at risk while conducting business.
As an employer, a legal requirement that you must oblige by is protecting the health and safety of your workers. Under specific industry legislation and public health orders, providing your workers with masks may be a legal requirement for you.
Suppose wearing face masks is mandatory in your workplace (such as for those involved in hospitality venues in certain states). In that case, you need to ensure that it is communicated clearly to your employees. There should also be a clean supply of face masks in the workplace and appropriate instructions on how to use, store, decontaminate and dispose of them safely. If an employee’s mask becomes unusable during work-related travel, you may reimburse them for the cost of purchasing new protect (but make sure that they keep receipts and records of the purchase).
What If My Employee Is Refusing To Wear A Mask?
There might be several reasons why an employee may not be able to or is refusing to wear a mask. First of all, it’s crucial to hold an honest and open discussion with any employees refusing to determine what is preventing them from wearing a mask precisely.
Suppose there is a valid medical condition, illness, or disability preventing them from wearing a mask. In that case, you can examine on a case-by-case analysis, but you should approach experts for alternatives. For a valid reason, you should investigate alternative duties for the employee (such as work from home).
If working from home is not an option, you may agree with the employee to take any accrued annual or long service leave or leave without pay. At the same time, you investigate alternative options for the employee’s ongoing employment.
Employers need to balance these refusals with an employee’s anti-discrimination, unfair dismissals and general protections while ensuring that the refusal does not cause the business to breach health and safety and public health directives.
