COVID-19 Safe Plan obligations that apply to Letting Agent/Accommodation Providers during Stage 3 COVID-19 restrictions – is your scheme compliant?

We have seen a number of schemes where the Letting Agent/Building Manager (let’s just call them “the Accommodation Provider”) does not appear to have a compliant COVID-19 Safe Plan. It is important to understand the obligations that apply to Accommodation Providers during Stage 3 COVID-19 restrictions, to ascertain whether your Accommodation Provider is in breach of those obligations and if so what action should be taken.

In response to COVID-19, the Queensland Government requires that all Accommodation Providers must follow social distancing guidelines and public health directions. These requirements are in addition to the standard workplace health and safety and public safety requirements, in accordance with Health Direction - "Restrictions on Businesses, Activities and Undertakings Direction (No. 5)".

Accommodation Providers must have plans in place that cover COVID-19 risks to demonstrate the actions they are taking to ensure the health and safety of their employees and customers. An Accommodation Provider is not obliged to use an industry plan if the plan is not suitable for the business operations, but it must comply with the minimum standards of having a COVID Safe Checklist in addition to a standard Work Health and Safety (WHS) Plan. A WHS Plan must be up to date and include strategies to manage the risk of contamination by or spreading of COVID-19.

For Accommodation Providers, there is no restriction on the number of rooms that a property can operate. However, individual rooms must allow for one person per four square meters. Businesses must also apply social distancing requirements in common areas such as reception areas, on the basis that occupant density is:

• no more than one person per 2 square metres (up to a total of 50 people) for venues or spaces of 200 square metres or less; or

• no more than one person per 4 square metres for venues or spaces of 200 square metres or more;

An Accommodation Provider must also collect and keep contact information about all guests and staff for contact tracing purposes for a period of 56 days, unless otherwise specified. This information must include: name, phone number, email address, and the date and time period of patronage. If requested, this information must be provided to public health officers within a stated time. The information should be securely stored, not used for any other purpose and deleted after 56 days.

COVID Safe Checklists continue to apply under the current stage 3 restrictions.

As a minimum, Accommodation Providers are required to ensure:

• social distancing is adhered to in the location;

• a WHS Plan is in place and enforced;

• information is collected from all guests for contact tracing; and

• increased cleaning and hygiene practices are implemented to reduce the risk of transmission.

Relevantly, the Queensland Tourism and Accommodation Industry has developed a COVID Safe Plan and released information for the accommodation industry that sets out all the steps businesses must take – see https://www.ditid.qld.gov.au/__data/assets/pdf_file/0006/1484259/Fact-sheet-Qld-Tourism-Accommodation-Industry-COVID-Safe-Plan.pdf

In the current pandemic circumstances, Accommodation Providers and Committees alike, must take this seriously.

If an Accommodation Providers is not complying with its COVID-19 Safe Plan requirements, a complaint can be made to the relevant authorities whom include as follows:

• Queensland Government COVID line - 134 COVID (13 42 68) generally;

• Police Link 131 444 – reporting a business that is not complying with restrictions;

• Workplace Health and Safety Queensland – for WHS breaches 1300 362 128

If you have any concerns about whether the Accommodation Provider at your scheme is compliant and would like our further assistance, please contact us on (07) 3160 0000 or at reception@activelaw.com.au.

Disclaimer – Reliance on Content
The material distributed is general information only. The information supplied is not and is not intended to be, legal or other professional advice, nor should it be relied upon as such. You should seek legal or professional advice in relation to your specific situation.