Addressing health and safety concerns

Guidance for workers and businesses operating during the COVID-19 pandemic.

From 15 August 2023, there is no longer a legal requirement to isolate when someone tests positive with COVID-19. This page is currently under review. Read COVID-19 and the workplace for more information.

Organising work so that it is healthy and safe

For information on COVID-19, visit the Unite against COVID-19 website.

Unite against COVID-19 (external link)

The requirements of the Health and Safety at Work Act 2015 (HSWA) continue to apply to COVID-19 related and usual workplace risks.

Ensuring all workers are able to keep themselves safe from exposure to COVID-19

All workers (including volunteers) need to have access to the right information about keeping themselves well. This will mean they’re able to maintain good work and hygiene practices. It can’t be assumed that workers will just know how to do this. They need to have, or know where to get, official information.

Health and wellbeing COVID-19 website (external link)

Ensuring work processes and risk controls are effective

Businesses and workers need to be prepared to learn and adapt to find the best ways to maintain physical distancing, and good hygiene and cleaning practices.

This will involve engaging with workers to learn what’s working, what’s not, and how things could be improved. Businesses need good processes in place to encourage workers to engage in work health and safety matters. The Health and Safety at Work Act requires businesses to ask their workers and health and safety representatives about health and safety issues– not just assume that they will speak up.

Many businesses and organisations will already have effective incident reporting approaches that can be adapted to assess how well their COVID-19 controls are working. If a business does not have an incident reporting approach, or its usual practices are not right for the circumstances, then it will need a way to find out if COVID-19 controls are working.

Wearing face masks at work

Wearing a face mask is still an effective way to prevent COVID-19 transmission. Face masks must be worn when visiting healthcare facilities, including pharmacies, primary care, urgent care, hospitals, aged residential care and disability-related residential care.

Although workplaces are not required to ensure people wear face masks, they may ask employees, customers or visitors to wear a mask as a condition of entry.

Where face masks are considered necessary, employers should supply face coverings for employees, customers or visitors as required.

When to wear a face mask – Unite against COVID-19 (external link)

Exemption from wearing a face mask

There are some people who do not need to wear a face mask. These include people with a disability or health condition that doesn’t allow them to wear a face mask safely or comfortably. In these circumstances, businesses should work with their staff in good faith to see if there are other actions that could be taken to keep their staff safe.

Those that cannot wear a face mask can apply for a Mask Exemption. Carrying an exemption pass means a person who is unable to wear a mask can still work within settings that require masks.

The Ministry of Health website provides information for people who are unable to wear a face mask:

COVID-19: Advice for people who are unable to wear a face mask – Ministry of Health (external link)

No worker who is sick with COVID-19 may go to work in any circumstances

Employers should not require or knowingly allow workers to come to a workplace when they are sick with COVID-19. If they do, they are likely to be in breach of their duties under the Health and Safety at Work Act (HSWA).

If a worker tries to come to work in these circumstances, they are also likely to be in breach of the HSWA.

An employee who is sick with COVID-19 may be able to take sick leave.

Leave and pay entitlements during COVID-19

Testing and returning to work

There are requirements for testing and how long cases need to isolate for. This is to manage the impacts on the health system, as well as the economy, of a widespread community outbreak of COVID-19.

Testing and tracing – Unite against COVID-19 (external link)

Workers who are at higher risk of severe illness

For workers who are at higher risk of severe illness if they contract COVID-19 (per the Ministry of Health’s advice), they may be able to work if the worker and employer agree that their risks can be appropriately managed. Working from home is the best model here, wherever it is practicable. With agreement and good faith and all appropriate measures in place, including around how the worker travels to and from work, some of these workers may still be able to work safely outside of their home.

The Ministry of Health also has guidance for businesses and organisations that employ workers who may be classified as ‘at risk’ or immune compromised against COVID-19. An ‘at risk’ or immune compromised employee is someone who is at higher risk of contracting COVID-19 and/or is more likely to suffer long term effects from the virus.

COVID-19: Higher risk people – Ministry of Health (external link)

Raising and addressing health and safety concerns

If a worker believes there are reasons why it is not safe for them to be at work, or if they have concerns that they could be putting a member of their ‘bubble’ at risk, they should let their manager know. In some situations, it won’t be possible to eliminate all the risks associated with COVID-19 and working from home may not be possible. A business that is meeting the requirements of the HSWA will have channels to engage with workers and get workers’ views on how best to manage risks for workers.

If the risks arise because of the worker’s own personal circumstances, they should talk to their manager and work together to see if there are ways that could eliminate or minimise the risk of contracting the virus at work (for example, there could be the option for the worker to do less customer facing work).

If the employer agrees there is a reasonable belief or concern about COVID-19, they must do what is reasonably practicable to address the risk.

If the risk affects a large group of workers, address this in good faith with the wider workforce. If the risk affects individuals or a small group of workers, address this in good faith with those workers.

Ways to address the risk of COVID-19 transmission for either type of issue could include:

  • implementing controls such as isolating workers, putting engineering controls in place, good hygiene practices, physical distancing, or PPE as appropriate. The business should explain to their workers why the activity is needed, and explain exactly what the controls can and can’t do.
  • asking individual workers to work from home, or carry out reasonable alternative duties while the risk is addressed, and paying them normally,
  • agreeing when paid or unpaid leave will be used.

If an employer does not address an employee’s reasonable belief or concern about COVID-19, then they should not require any worker to come to a workplace or the employer will likely be in breach of the HSWA.

Find more information about how to manage the risks of COVID-19:

COVID-19: Health and safety at work WorkSafe (external link)

Steps to escalate health and safety concerns

If a worker believes that going to the workplace or conducting their work would expose them or other people (including vulnerable people in their bubble) to a serious risk to health or safety, then the business and worker should work together try to resolve the matter.

As a first port of call, the worker should talk to their manager and make sure the manager understands what the risks are from the worker’s point of view. A worker may also wish to contact their health and safety representative (if they have one) or union representative, if applicable, who may be able to help the parties come to an agreement about how work can continue safely.

Employers and workers should be guided by latest public health guidance from the Ministry of Health and WorkSafe on COVID-19.

When the business takes appropriate steps to follow workplace health and safety guidelines

Where public health guidance is being followed, and all health and safety duties under HSWA are met, then workers will need to go to the workplace, unless an alternative arrangement is agreed with the employer.

Alternative arrangements could include paid special leave. The obligation of good faith applies to discussions around alternative arrangements. If an alternative arrangement is not agreed and an employer gives the worker a reasonable instruction to come to the workplace, then the worker will need to follow that instruction. If the worker does not come to work without an agreed alternative arrangement, then the worker will need to take unpaid leave. 

If the employer agrees there is a reasonable belief or concern about COVID-19, they must do what is reasonably practicable to address the risk 

If an employer does not address an employee’s reasonable belief or concern about COVID-19, then they should not require any worker to come to a workplace or the employer will likely be in breach of the HSWA.

If public health guidance and health and safety duties are not being met and/or the risks are not being managed so far as is reasonably practical, then the worker could:

There may be cases where one or more workers feel their only option is to stop working.

Under health and safety law, a worker or workers may stop working if they believe the work would expose them or any other person to a serious risk to health and safety arising from an immediate or imminent exposure to a hazard. The worker must notify the business, and may only continue with that course of action if they reasonably believe that risk still remains. 

The business should work with the worker to try to identify why the work is unsafe, and rectify the matter, so far as reasonably practicable. While the worker’s health and safety concerns are being resolved, the business may require them to carry out suitable alternative work. Workers are unlikely to be able to continue to refuse to work under these grounds if public health guidance is being followed and all health and safety duties are being met.

For specific guidance on how to manage the risks of COVID-19 at work, and for more detail on processes for addressing worker concerns, see:

Managing health and safety WorkSafe (external link)

Under employment law, employees have the right to strike if they have reasonable grounds for believing that the strike is justified on the grounds of health or safety. Employees are unlikely to have reasonable grounds to strike on the grounds of health or safety where public health guidance is being followed, or any health and safety duties are being followed.

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Page last revised: 14 September 2022

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