Guidance for employers

COVID-19 Public Health Response (Isolation and Quarantine) Order 2020 (the Order)

Clause 15GJ of the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020 (the Order) sets out the requirements for employers as part of the self-isolation programme:

“The employer of a participant must take all reasonable steps to ensure that the participant complies with the requirements of the self-isolation programme”

The requirements of the self-isolation programme are set out in clause 15GB of the Order and include the requirements set out in the Order as well as the conditions of the self-isolation programme which the participant agreed to in the self-isolation plan.

Eligibility criteria and self-isolation requirements

Taking “reasonable steps”

Taking “reasonable steps” includes:

• ensuring participants have understood the pilot requirements
• providing a clear channel of communication for questions or concerns regarding the pilot requirements, including potential or actual inability to meet the requirements.
• assurance that participants are complying with the pilot requirements (for example via regular phone, video call or email contact with the participant during the period of self-isolation). 
• providing reasonable assistance to a participant to assist them to meet a pilot requirement (including arranging assistance from MBIE or other agencies involved in the pilot, for example to assist with obtaining replacement notices from MBIE).

Taking “reasonable steps” does not include:

• specific monitoring of the participant’s location.  This is because monitoring will be undertaken by (or on behalf of) MBIE. 

Non-compliance of a participant

If you become aware of non-compliance of a participant:

• You must continue to comply with the Privacy Act 2020 and employment law.
• If there is a significant risk to public safety i.e. you may know that a participant is not complying with the requirement to remain at the place of self-isolation – it may be appropriate to inform MBIE.