Unfortunately, despite the long-past lifting of restrictions surrounding the COVID-19 pandemic, the risk of communicable diseases is still present in Queensland workplaces. As a result, employers, especially those in healthcare and aged care, can require employees to wear masks as a lawful and reasonable safety measure during outbreaks (e.g., COVID-19, gastro, and norovirus) even though there’s no government mask mandate in place. In this article, we explain why employers can enforce the wearing of masks, guidelines and best practices for creating a safe environment, the consequences for not following these guidelines, and how to handle exemptions.

When can employers impose face masks in the workplace?

Employers must, so far as reasonably practicable, ensure the health and safety of workers and others at their workplace. Using appropriate controls – including Personal Protective Equipment (PPE) like masks – flows from this duty under the Work Health and Safety Act 2011 and WHS Regulation 2011.

Queensland and national regulations require employers to identify hazards, assess risks, implement controls, and review them. PPE is a valid control often used alongside ventilation, isolation, and rostering changes, especially during outbreaks of COVID-19 and other diseases.

Requiring PPE can be a lawful and reasonable direction, particularly in high-risk settings. The Fair Work Ombudsman recognises employers can direct safety measures where reasonable, and refusals may lead to disciplinary action depending on the circumstances.

Additional obligations for employers in the health care industry

Hospitals and many health service providers must meet the NSQHS Preventing and Controlling Infections Standard and follow the Australian Guidelines for the Prevention and Control of Infection in Healthcare. These support transmission-based precautions, including masks and respirators, in the workplace during outbreaks.

Queensland’s public health advice currently notes there’s no standing public health direction requiring masks in the community – but facilities may ask or require employees or visitors to wear one, especially in healthcare and other high-risk settings. That leaves masking up in the workplace to the discretion of the employer and their risk management approach.

How to enforce a workplace mask requirement

To be able to enforce a workplace mask requirement, businesses must first do the following:

• Document a risk assessment: Identify the hazard (e.g., COVID-19 cluster on Ward X; gastro outbreak in Residential Unit Y), the exposure pathways (respiratory droplets, aerosol, fomite), who’s at risk (patients, staff, visitors), and why masks are reasonably practicable alongside other controls. This assessment should be reviewed as risks change.
• Consult with employees and Health and Safety Representatives: Queensland law requires consultation on Work Health and Safety matters like PPE policies.
• Choose the right mask to match the risk: Surgical or medical masks for droplet precautions and P2/N95 respirators for aerosol-generating procedures or where airborne risk is assessed (fit-tested).
• Integrate with broader controls: Ventilation, isolation, rostering, testing, cleaning, and hand hygiene policies should accompany masking.
• Train and supply: Provide masks, bins, hand hygiene, posters, and training on don/doff and fit-checking. Maintain mask stocks.
• Set a clear policy: Define your workplace triggers (e.g., confirmed cases on a unit, community transmission thresholds, clinical guidance), areas covered, mask types, duration, exemptions, and review dates. Ensure your policy aligns with NSQHS/IPC guidance.

How to handle employee exemptions for mask wearing

When an employee seeks an exemption from wearing a mask, for example due to a medical condition or disability, employers should handle the request carefully and confidentially. Under Queensland’s Work Health and Safety and anti-discrimination laws, employers must consider whether reasonable adjustments can be made, such as redeployment to lower-risk duties, providing an alternative type of mask, or using other PPE (e.g., face shields) where clinically appropriate. Privacy obligations also apply when collecting or storing medical evidence.

If no safe and reasonable adjustment is possible, and the mask requirement is backed by a documented risk assessment and consultation, the direction to wear a mask will usually be considered lawful and reasonable. In those circumstances, continued refusal without a valid basis may lead to performance management or disciplinary action, but only after other options have been fairly explored.

Queensland employers, particularly in healthcare and aged care, can require employees to wear masks during outbreaks where a risk assessment supports it, provided they consult, choose proportionate controls, and follow clinical and legal guidance. This approach is consistent with Work Health and Safety guidelines, national infection-control standards, and Fair Work principles.

How Business Chamber Queensland can help

Business Chamber Queensland is here to support you with practical, tailored advice to navigate these, and other complex workplace situations.

We can assist with drafting and reviewing policies, managing psychosocial risks, and handling delicate matters like employee mask exemptions. If your business finds itself facing uncertainty, our team can help you manage the risks, protect your culture, and ensure compliance every step of the way.