From 12:01am on Wednesday 14 July 2021, new mandatory COVID-19 testing requirements for Greater Sydney workers apply under Public Health (COVID-19 Temporary Movement and Gathering Restrictions) Amendment (No 6) Order 2021.
However, emergency workers who are employed by an emergency services organisation, which includes the Rural Fire Service (RFS), the State Emergency Service (SES), NSW Police or Fire and Rescue have been exempted in part from this requirement. See below for exemptions.
The Public Health Order states that you live in or are staying in the Fairfield Local Government Area (LGA) but you work outside this area, you must have a COVID-19 test once every 72 hours (three days) in order to be allowed to enter a workplace. A worker from Fairfield LGA has until 16 July to be tested. From 17 July, Public Servants who live in the Fairfield LGA and work outside of that LGA will be required to show their employer evidence of a COVID-19 test within the past three days before attending work. For Public Servants who attend work regularly, this will mean getting tested for COVID-19 every three days before attending work.
Exemption
However, workers who are employed by emergency services organisations defined under the State Emergency and Rescue Management Act 1989 No 165 including NSW Police Force, RFS, SES, and Fire and Rescue NSW, have been exempted in part from this requirement. If an emergency worker lives in Fairfield LGA but works outside the Fairfield LGA, they are only required to get tested every seven days.The first test must be completed by 21 July 2021.
The Public Health Order also states if you live in or are staying in Greater Sydney including the Blue Mountains, Central Coast, Wollongong and Shellharbour, you must have a COVID-19 test in the seven days before working if your workplace is 50km or more outside Greater Sydney. The first test must be completed by Sunday 18 July 2021. From 19 July, Public Servants who live in Greater Sydney (including the Blue Mountains, Central Coast, Wollongong and Shellharbour) and work more than 50km outside this area will be required to provide their employer with evidence of the COVID-19 test within the past seven days before attending work. For Public Servants who live in Greater Sydney and regularly work more than 50km outside this area, this will mean getting tested for COVID-19 every seven days before attending work in the regions.
Exemption
Emergency workers who are employed by RFS and SES have been exempted in part from this requirement. An emergency worker who lives and usually works in the greater Sydney area (including the Blue Mountains, Central Coast, Wollongong and Shellharbour local government areas) does need to get tested if they are required in the course of their duties to travel outside the Greater Sydney area to attend an emergency.
Further, if you are an emergency worker and you need to attend work unexpectedly to deal with an emergency, you can go to work even if you have not been tested for COVID-19.
The PSA has requested that the Public Service Industrial Relations provide further advice regarding access to tests in work time or paid leave to take a test. We are awaiting this advice. The PSA’s position is that members should request special leave or should request to be treated as on duty. Please contact the PSA if any issue arises.
The PSA raised with the Public Sector Industrial Relations and NSW Health, and also with several Agencies, the current deployment of staff from Greater Sydney to regional workplaces. This includes the application of casual pools and the potential to have regional staff deployed regionally, and Greater Sydney staff deployed in Greater Sydney to avoid unnecessary testing requirements.
The PSA will advise members as these discussions progress.
