Superseded - Requirements for Workers at Government Nominated Accommodation Direction

This direction has been superseded on 13 May 2022. See the current Requirements for Workers at Government Nominated Accommodation Direction (No. 2).

Summary

Effective from: 9.15am AEST 28 March 2022

Posted: 28 March 2022

Direction from Chief Health Officer in accordance with emergency powers arising from the declared public health emergency

Public Health Act 2005 (Qld)

Section 362B

On 29 January 2020, under the Public Health Act 2005, the Minister for Health and Minister for Ambulance Services made an order declaring a public health emergency in relation to coronavirus disease (COVID-19). The public health emergency area specified in the order is for ‘all of Queensland’. Its duration has been extended by regulation to 24 June 2022 and may be further extended.

Further to this declaration, l, Dr John Gerrard, Chief Health Officer, reasonably believe it is necessary to give the following direction pursuant to the powers under s 362B of the Public Health Act 2005 to assist in containing, or to respond to, the spread of COVID-19 within the community.

Preamble

The purpose of this Direction is to protect the health of the community and individuals working and staying in government accommodation for quarantine and isolation by mitigating the risk of the spread of COVID-19, including through vaccination, personal protective equipment and COVID-19 testing requirements for workers.

This Direction affects:

1. individuals working in government nominated accommodation for quarantine and isolation such as isolation hotels and purpose built or other facilities, excluding hospitals, where people are completing mandatory isolation or quarantine;

2. operators of hotels and other facilities where people are completing mandatory isolation or quarantine;

3. Hospital and Health Services, Queensland Ambulance Service, Queensland Police Service, and other government departments or agencies who employ staff working at government nominated accommodation used for isolation or quarantine.

Citation

1. This Public Health Direction may be referred to as the Requirements for Workers at Government Nominated Accommodation Direction.

Revocation

2. The Requirements for Quarantine Facility Workers Direction (No. 5) made on 20 January 2022 and the Operational Protocol for COVID-19 infection control requirements for quarantine and isolation facility workers effective 20 January 2022 are revoked from the time of publication of this Direction and are replaced by this Direction.

Commencement

3. This Public Health Direction applies from the time of publication until the end of the declared public health emergency, unless revoked or replaced.

Application

4. This Direction applies to facility workers and to the Government nominated accommodation operators, Queensland government departments or agencies that employ or engage the services of Facility workers in government-nominated accommodation.

PART 1 – DIRECTION – REQUIREMENTS FOR WORKERS

COVID-19 Vaccination Requirements

5. A Facility worker must have received the primary doses of a COVID-19 vaccine to continue working in Government nominated accommodation, or before commencing work in the accommodation facility.

6. A facility worker who is unable to receive the primary doses of a COVID-19 vaccine due to a medical contraindication may continue to work in government nominated accommodation but must not work in or enter a designated zone.

   A worker providing transport services who does not enter a designated zone within the accommodation facility and who does not transport isolating persons is not required to meet COVID-19 vaccination requirements but must strictly follow all conditions under the transport operator’s endorsed Transport Plan.

7. A facility worker must provide evidence of having received the primary doses of a COVID-19 vaccine or of their medical contraindication to the Government nominated accommodation operator before commencing work at the government nominated accommodation, or to an emergency officer (public health) if requested.

Requirements for Operators and for Workers in a Designated Zone - Personal Protective Equipment

8. The hotel or facility operator, transport operator or other entity, that employs, contracts with, or otherwise engages a facility worker must use its best endeavours to:

   1. ensure its workers who enter a designated zone are fit tested for a particulate filter respirator PFR or P2/N95 respirator; and

   2. ensure its workers are trained in how to perform fit checking; and

   3. ensure its workers wear a particulate filter respirator (PFR) or P2/N95 respirator at all times when in a designated zone.

      Note: a transport operator must comply with the personal protective equipment and cleaning requirements under its endorsed Transport Plan.

9. The nominated venue health manager servicing Government nominated accommodation is responsible for working with the Government nominated accommodation operator or transport operator to ensure compliance with the fit testing requirements. The Government nominated accommodation operator is responsible for ensuring Facility workers who enter a designated zone are fit tested, and this may be undertaken onsite, or through a Hospital and Health Service or by a third party provider.

10. A Facility worker must follow the instructions of the venue health manager at the Government nominated accommodation in relation to fit testing and wearing personal protective equipment when at the facility.

    Example: due to local circumstances the Queensland Health or Queensland Health appointed venue manager may determine that all workers are to wear surgical masks, including outside the designated zone of the hotel.

11. A  Facility worker must, when fit testing has been made available to them, wear the correct fit tested  PFR, such as a P2/N95 respirator and eye protection when in a designated zone of   Government nominated accommodation whether or not an isolated or a quarantined person or another person is also present.

12. A Facility worker who is unable to wear a surgical mask, PFR or P2/N95 respirator or eye protection, for example due to a physical or mental health illness or condition, must not enter a designated zone.

    Note: an individual may not be able to be fit tested and achieve an adequate seal due to the shape of their face. Transport drivers will not be required to be fit tested unless they enter the designated zone or are transporting a diagnosed person (the vehicle will then be a designated zone).

13. A maintenance and repairs contractor presenting for work in a designated zone must notify the venue manager, or a nominated representative, at Government nominated accommodation and follow their instructions in relation to the wearing of personal protective equipment and other infection control measures.

COVID-19 Testing when symptomatic

14. A Facility worker who develops symptoms consistent with COVID-19, must:

    1. if at work, immediately cease work; and

    2. whether at work or not, undertake a COVID-19 test and isolate and not attend work until a negative test result is received and they do not have symptoms consistent with COVID-19; and

    3. comply with the requirements of the Isolation for Diagnosed Cases of COVID-19 and Management of Close Contacts Direction (No.6), or its successors, if a positive COVID-19 test result is received.

PART 2 –REQUIREMENTS FOR GOVERNMENT NOMINATED ACCOMMODATION OPERATORS

15. A Government nominated accommodation operator must take reasonable steps in relation to its Facility workers to:

    1. inform workers of the requirement for COVID-19 testing when experiencing symptoms consistent with COVID-19 and for COVID-19 vaccination prior to the worker commencing duties at Government nominated accommodation; and

    2. permit access by COVID-19 testing staff, where needed; and

    3. support workers performing duties at   Government nominated accommodation to get tested; and

    4. ensure compliance with requirements for personal protective equipment in a designated zone.

16. The Government nominated accommodation operator that employs or otherwise engages a Facility worker must:

    1. keep a weekly record of the name and employee number of its Facility workers who have worked at or provided services or who will be working or providing services at the Government nominated accommodation including the name and contact details of any maintenance and repairs contractor; and

    2. store the records securely and not use the records for any other purpose other than to provide to Queensland Health or an emergency officer (public health) upon request.

       Examples: the Queensland Government department or agency that employs or engages a facility worker to provide health services or security services must keep and provide the records to Queensland Health on request. The hotel or facility operator that employs, contracts with, or engages a worker to provide hotel services such as cleaning must keep and provide the records to Queensland Health on request. The transport operator that employs or engages bus drivers must keep and provide the records to the government agency that engaged it, which for example may be the Queensland Police Service, or the Department of Transport and Main Roads.

17. Government nominated accommodation operator that is a transport operator must be endorsed by a government authority and have a Transport Plan in the form approved by the Chief Health Officer.

18. The requirements in paragraph 17 do not apply to ambulance services and emergency services.

PART 3 – OTHER MATTERS

19. An emergency officer (public health) can request the worker provide evidence of having received a COVID-19 vaccination, if the worker is required to be vaccinated.

20. An emergency officer (public health) can require the Government nominated accommodation operator to comply with additional directions if the emergency officer believes the direction is reasonably necessary to assist in containing, or to respond to, the spread of COVID-19 within the community.

21. A facility worker including a maintenance and repairs contractor must comply with a direction given by an emergency officer (public health).

PART 4 – DEFINITIONS

22. Definitions used in this Direction are in Schedule 1.

PART 5 – EXEMPTIONS

23. The Chief Health Officer, the Deputy Chief Health Officer or their delegate may grant a person an exemption from all or part of these directions on the basis of extreme exceptional circumstances.

24. An exemption may be given on conditions and if so, the person given the exemption must comply with the conditions.

PART 6 – PENALTIES

A person to whom the direction applies commits an offence if the person fails, without reasonable excuse, to comply with the direction.

Section 362D of the Public Health Act 2005 provides:

Failure to comply with public health directions

• A person to whom a public health direction applies must comply with the direction unless the person has a reasonable excuse.
• Maximum penalty—100 penalty units or 6 months imprisonment.

Dr John Gerrard
Chief Health Officer

28 March 2022

Published on the Queensland Health website at 7pm

SCHEDULE 1 – DEFINITIONS

For the purposes of this Public Health Direction:

Co-located means buildings and facilities that have shared entry points and common areas or spaces that are used as part of a separate, secure compound for quarantined persons or isolating persons or that are within or include a designated zone.

Example: a hotel is comprised of two separate buildings used for quarantine with a shared entry point and common areas used to admit and discharge quarantined persons. The two buildings and shared areas are co-located.

Example: a purpose-built quarantine and isolation facility has two separate and secure compounds, one for isolation and one for quarantine. Buildings within each compound share accessways and facilities and are co-located within a designated zone. The purpose-built facility also has a separate building with a separate and secure entry point some distance from the isolation and quarantine compounds, used for administration and support services. The support services building is not co-located with the quarantine facility in the designated zone and workers in the support building who do not enter the secure compound designated zone are not subject to the requirements relating to a designated zone.

COVID-19 test means an oropharyngeal and deep nasal swab for a polymerase chain reaction (PCR) test or a Rapid Antigen Test approved for use in Australia by the Therapeutic Goods Administration to detect whether a person has the COVID-19 virus.

COVID-19 vaccine means a COVID-19 vaccine approved or recognised for use in Australia by the Therapeutic Goods Administration.

Designated zone means any of the following areas and any co-located areas in   Government nominated accommodation:

1. a floor where a quarantined or isolating person is or has been accommodated; and

2. a corridor connected to a quarantined or isolating person's room or accommodation; and

3. a lift, stairwell or other area that provides access to a floor where a quarantined or isolating person is or has been accommodated; and

4. an area identified by the Queensland Health venue manager such as a foyer or other area during the period of time a quarantined or isolating person is present in the area; and

5. a building, or part of a building, within Government nominated accommodation, where the building is used to accommodate a quarantined or isolated person; and

6. a vehicle used to transport a quarantined or isolating person to Government nominated accommodation, during transport and until the vehicle has been cleaned in accordance with the COVID safe plan for transporting quarantined and isolating persons .

   Example: A Government nominated accommodation facility comprising a number of buildings within a compound has a building used to accommodate quarantined persons. The building is a designated zone, while other buildings within the facility not used to accommodate quarantined persons are not part of the designated zone.

Emergency officer (public health) means an emergency officer appointed under the Public Health Act 2005.

Note: Emergency officers appointed under the Public Health Act 2005 include public health officers and police and includes emergency officers (medical) and emergency officer (general).

Employer means:

1. for workers employed or engaged by the hotel or facility operator, the hotel or facility operator; or

2. for workers employed or engaged by a Queensland Government department or agency the applicable entity; or

3. for workers employed or engaged by a transport operator, the transport operator; or

4. for workers employed or engaged to provide identified services at Government nominated accommodation, the service provider entity.

Facility worker means an individual, including an employee, volunteer or contractor who performs an identified service at government-nominated accommodation, including a maintenance and repairs contractor, a driver who transports quarantined or isolating people to the accommodation, and a cleaner of the vehicle.

Primary doses of a COVID-19 vaccine means the person has received the number of doses for a primary course of a COVID-19 vaccine at the correct dose intervals recommended for the person by the Australian Technical Advisory Group on Immunisation (ATAGI), according to the person’s age and other factors.

Example: A person who is 16 years and over, who does not have severe immunocompromise will be considered to have received the primary doses of a COVID-19 vaccine with doses 1 and 2 at the correct dose intervals for the vaccine they have received. For more information, refer to the COVID-19 vaccination schedules to be considered up-to-date.

Government nominated accommodation means:

1. a hotel, purpose built or other facility, or other accommodation premises, which may comprise a single building or multiple buildings including designated zones and non-designated zones, at which a quarantined person or an isolating person resides under arrangements with the Queensland Government while completing mandatory isolation or quarantine, or

2. a vehicle used to transport a quarantined person or an isolating person to government nominated accommodation, while the person is being transported and until the vehicle is cleaned,

but for the purpose of this Direction does not include:

3. a home residence or similar accommodation; or

4. a military base, military property or Australian Defence Force nominated quarantine hotel; or

5. a hospital.

Example: A purpose built facility at which a person is isolating or quarantining is Government nominated accommodation. A farm at which seasonal workers have been directed to quarantine or a home at which a person has been directed to quarantine is not government nominated accommodation.

Government nominated accommodation operator means:

1. hotel or facility operator or other entity that employs, contracts with, or otherwise engages the services of a Facility worker;

2. a Queensland Government department or agency that employs, contracts with, or otherwise engages the services of a Facility worker;

3. a transport operator that is engaged by a Queensland government department or agency to transport quarantined or isolating persons to or from Government nominated accommodation .

Hotel or facility operator means the person, business or entity that owns, controls or operates Government nominated accommodation.

Identified service means a service or work of any kind during the course of which a person is physically present at Government nominated accommodation or a service in relation to Government nominated accommodation, which is identified in Schedule 2.

Isolate has the same meaning as in the Isolation for Diagnosed Cases of COVID-19 and Management of Close Contacts Direction (No. 6) or its successors.

Isolating person means a person who:

1. has received a positive test result for COVID-19; and

2. is required to isolate under a public health direction; and

3. is isolating at government nominated accommodation because the person does not have other suitable premises in which to isolate; or

4. is isolating at government nominated accommodation by isolation direction notice.

Example: a diagnosed person may share accommodation with a person who is particularly vulnerable to COVID-19, and the nature of the living arrangements means it is impracticable to isolate from other members of the household.

Maintenance and repairs contractor means an individual who provides construction, repair, or maintenance services on an unscheduled or intermittent basis.

Medical contraindication means a temporary or permanent contraindication that is notified to the Australian Immunisation Register (AIR) by a medical practitioner completing an Australian Immunisation Register (AIR) immunisation medical exemptions form in relation to a person and recorded on the person’s Immunisation History Statement (IHS).

Note: Evidence of a recognised medical contraindication means a COVID-19 vaccination medical exemption recorded, or the form completed, by an eligible health professional on the Australian Immunisation Register for the person.

Non-designated zone is a part of Government nominated accommodation not used to accommodate quarantined or isolated persons, and which has no access or controlled access to a designated zone.

Particulate filter respirators (PFR) are designed to reduce the wearer’s respiratory exposure to airborne contaminants such as particles, gases or vapours. P2/N95 respirators are a type of PFR.

Premises has the same meaning as in the Isolation for Diagnosed Cases of COVID-19 and Management of Close Contacts Direction (No.6) or its successors.

Quarantined or isolating person means either a quarantined person or an isolating person.

Quarantined person means an individual who has been directed to quarantine by an emergency officer (public health) under section 362H of the Public Health Act 2005, or who is required to quarantine in Government nominated accommodation under the requirements of a public health direction.

Example: an individual who has arrived from overseas and has been directed to quarantine at a hotel or at government nominated accommodation under the Quarantine for International Arrivals Direction (No. 22) or its successors.

Surgical mask means a single use surgical mask with a minimum level 2 barrier protection level under the Australian Standard (AS 4381:2015) that covers the nose and mouth.

Symptoms consistent with COVID-19 means fever or history of fever, symptoms of acute respiratory infection (cough, shortness of breath, sore throat), headache, loss of smell, loss of taste, runny nose, diarrhoea, nausea, vomiting or fatigue.

Transport operator means the person, business or entity that owns, controls or operates the transport service that is engaged by a Queensland government department or agency to transport quarantined or isolating persons to or from government nominated accommodation or between a vessel.

Note: A transport operator must be endorsed by a government authority and have a Transport Plan in the form approved by the Chief Health Officer.

Vessel means a commercial vessel, research vessel or government vessel that is in Australian waters and is 50 metres or more in length. It does not include cruise vessels, private vessels, super yachts or recreational vessels.

SCHEDULE 2 – IDENTIFIED SERVICES

Table 1