One of Australia's top employment lawyers says Queensland businesses could be at risk of costly legal headaches if their unvaccinated workers spread COVID-19.
Key points:
A top employment lawyer warns companies could be liable if unvaccinated workers spread COVID-19 to colleagues
An abattoir was fined $20,000 in 2015 after an unvaccinated worker became infected with an airborne disease
Employers could also face public liability suits from a customers
It is not mandatory for the state's hospitality, retail and tourism industry workers to be vaccinated.
Woolworths Group, Aldi and multinational mining giant BHP have each ordered staff to be vaccinated across the country.
Most other industries are strongly encouraging Queensland workers to seek two jabs of the COVID vaccine before border rules relax on December 17.
But for bosses reluctant to give the order to workers, Maurice Blackburn employment law principal Giri Sivaraman said unvaccinated workers might be putting the entire business at risk.
That's something not everyone has turned their mind to, he said.
If the employer doesn't mandate vaccinations and someone contracts COVID in the workplace, they might argue that the employer was negligent for not mandating vaccinations.
An obscure case to worry about
A 2015 court ruling in the state's south-east lends weight to his concern.
An abattoir was fined $20,000 plus ordered to pay a further $1,500 in court costs after a worker developed Q fever while working with livestock.
They spent 10 days recovering in hospital.
The worker had not been immunised against the disease, and despite the company mandating high-quality masks the Caboolture Magistrates Court found the company fell down on supervision.
The company pleaded guilty to failure to comply with health and safety duty, which carried a maximum penalty of a $1.5 million fine at the time.
Mr Sivaraman said the case was fairly unique in a very particular industry, but employers needed to know the risks.
Are you failing in your duty of care to ensure that the workplace is safe? he said.
Some regions still lagging
New vaccination figures show 64.1 per cent of eligible Queenslanders are now fully vaccinated and 77.8 per cent have had their first dose.
Central Queensland, Mackay, and Whitsunday, along with the state's outback areas, have the least protection from COVID, with between 51 and 55 per cent receiving two doses.
On Monday authorities said about 100,000 Queenslanders still needed to have their first dose of the vaccine to reach the 80 per cent vaccination target.
The state's vaccine coordinator, Acting Deputy Police Commissioner Shane Chelepy, said the state had the capacity to deliver those 100,000 jabs this week.
'Not prepared to take the risk'
Louise and Angela each manage accommodation houses on the Sunshine Coast.
Both supplied full names to ABC News but asked they not be made public.
Angela said she would not accept guests who chose not to be vaccinated.
I would have no hesitation in turning them away, she said.
If it was a case of us losing a booking, that's going to be a couple of thousand dollars — we're prepared to lose it.
We are not prepared to take the risk for ourselves, myself and my husband, and also the guests that have done the right thing by getting vaccinated in the first place.
