COVID-19 vaccinations and businesses
Employers should continually assess the health and safety risks to their employees and customers.
SafeWork NSW has COVID-19 guidance for employers. This page has been prepared to assist businesses and is not a substitute for legal advice.
Keeping your business safe
Businesses are required to keep their premises safe and minimise the risk of infection and transmission of COVID-19 in the workplace.
Employers should continually assess the health and safety risks to their employees in their particular industry, and can use the Safety Plan Checklist if needed.
Asking employees about proof of vaccination
- Employers can generally ask their employees to provide proof of COVID-19 vaccination or evidence of a medical contraindication to receiving a COVID-19 vaccine if collecting such information is reasonably necessary for managing work, health and safety risks.
- Such information is “health information” or “sensitive information” under the various privacy laws that may apply to employers, so should be stored in a secure manner, not kept for longer than necessary and only used for the purpose(s) for which it was collected.
Refusing unvaccinated people entry
- Businesses may choose to refuse entry to unvaccinated people as long as they comply with their obligations under anti-discrimination and privacy laws.
- Businesses should not refuse entry to people who cannot be vaccinated for medical reasons.
- When asking to see proof of vaccination, businesses should generally inform people why they are asking for the information (i.e. to manage work health and safety risks).
- If any business records are kept that identify people's vaccination status, businesses must ensure the information is stored in a secure manner, not kept for longer than necessary and only used for the purpose for which it was collected.