There have been important changes in health and safety regulations that all employers should be aware of. The Occupational Health and Safety Amendment (COVID-19 Vaccination Information) Regulations, which were previously in effect, have been automatically revoked as of July 12, 2023. A key point to note is the update to Part 2.1A of the Occupational Health and Safety Regulations 2017 (Vic), which outlines the actions required from employers who have collected or maintained COVID-19 vaccination information under these regulations. A 30-day window has been granted for the proper disposal of such information. (Occupational Health and Safety Act 2004, 2023)
It is imperative for Victorian employers to ensure the destruction of any employees’ vaccination information occurs by August 11, 2023, unless specific circumstances warrant its retention. There are two requirements for keeping this information:
- Compliance with Duty of Care: Preservation of the vaccination information is permissible if it is deemed necessary to uphold your duty of care as outlined in the OHS Act and Regulations.
- Continued Relevance: Should the information still serve the purpose for which it was initially collected, its retention is justifiable.
To complete this transition, it is recommended that organisations that have previously recorded and held COVID-19 vaccination information carefully assess the applicability of retaining the information. In the absence of valid reasons for its retention, removal of COVID-19 vaccination data from employee files is now required.
Furthermore, in alignment with these regulatory modifications, we recommend revisiting your existing policies to align any references relating to the collection of vaccination information from employees. This measure ensures that your internal policies are in line with the current legal landscape.
If you would like any further information or support, please don’t hesitate to contact us.
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