Page:Workplace Safety and Health (COVID-19 Safe Workplace) Regulations 2021.pdf/17

Rh Duty of unvaccinated individual at work

13. An individual (whether or not he or she is an employer or employee, a worker, principal or self-employed) must not perform work or carry out any undertaking at a workplace that is not the individual’s place of residence unless he or she is a defined person.

Exceptional entry into workplace, etc.

14.—(1) However, regulations 10, 11, 12 and 13 do not prevent, or require an employer or occupier or a principal to prevent, an individual from entering any premises solely for any of the following purposes:
 * (a) to preserve or protect that or another individual’s life, health, or safety in an emergency;
 * (b) to perform work or carry out any undertaking that—
 * (i) is unanticipated, necessary and time-critical;
 * (ii) cannot be carried out by another individual who has a cleared status (general); and
 * (iii) must be carried out to prevent the ceasing of essential operations due to an emergency situation or a critical unforeseen circumstance;
 * (c) to perform work or carry out any undertaking the duties of which do not require or do not involve the individual to have face-to-face direct or occasional contact or interaction with any of the following:
 * (i) an at-risk person not from the individual’s same household;
 * (ii) an environment that poses a risk of infection from COVID-19.

(2) In paragraph (1)(c)(i), an at-risk person is—
 * (a) a child who is below 13 years of age;
 * (b) an adult above 60 years of age; or
 * (c) an individual who is a patient in or receiving treatment at a healthcare establishment.