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Other exceptions are where the work requires clear enunciation or visibility of the mouth such as teaching, lecturing or broadcasting, or when a “professional sportsperson” is training or competing.
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Unless the employee has a medical reason for not wearing a face covering or the nature of the work means that wearing a face covering creates a risk to the person’s health and safety. Where it is not reasonably practicable for employees to work from home the employer has to take reasonable steps to ensure the employee wears a face covering at all times at the premises, other than for short breaks away from other people.
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Under the Restricted Activity Directions (Restricted Areas) (No 3), employers whose premises are located in the restricted areas cannot permit employees to work at those premises if it is reasonably practicable for staff to work at home or another suitable premises. What are the exceptions for people to wear face coverings at work? However, people are permitted under the Directions to remove their face coverings if they are communicating with a person who is deaf or hard of hearing, where the ability to see the mouth is essential for communication. Patients who attempt to enter the premises in breach of these conditions may be removed for trespassing.Īlthough steps taken to protect the practice cannot be discriminatory, the Directions state that people with disabilities must still wear a face covering unless it is unsuitable to do so for “… medical, physical, communication or other individual risk factors”. Can we refuse entry to patients who refuse to wear face coverings at the practice?Īs an occupier of a private medical practice you are entitled to take reasonable steps to protect your staff and other patients on the premises by making it a condition of entry that a person wear a face covering or use hand sanitiser on arrival at the practice, unless they have a lawful reason not to wear a face covering. The term “unsuitable” is not defined in the Directions and the dictionary term is “… not fitting, not appropriate, not right for a use or purpose”. This includes that the person has a physical or mental health illness or condition, or disability, which makes wearing a face covering unsuitable. 4) (The Directions) require people (over the age of 12 years old) to wear a face covering at all times when they leave their home, unless one of the exceptions listed in the Directions applies. The Victorian Stay at Home Directions (Restricted Areas) (No. Our medico-legal and employment advisers answer your questions, including whether you can refuse entry to someone not wearing a mask or if you need to provide a medical exemption certificate to patients who are unable to cover their face? Legal requirements With face coverings currently mandatory in Victoria, numerous medico-legal questions have arisen for doctors.