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| Learn to Return |
| It's good for workers and it's good for business |
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WELCOME!
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The new and improved Learn to Return has arrived. Welcome to the June 2011 edition of WorkSafe’s Return to Work news.
Your feedback is important to us. So whether it's a topic you'd like covered, reader feedback, or a worker's success story, email us. Your return to work success story can help inspire others. Even if it's been a difficult journey, we'd like to share it.
This month one lucky reader will win a $50 Coles Myer voucher simply by writing in.
NOTE: We apologise if you have received this newsletter in error. Please reply with UNSUBSCRIBE in the subject line if you received this letter in error or no longer wish to receive these updates.
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Our first ever Return to Work Forum
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In March over 500 guests attended WorkSafe’s first ever Return to Work Forum in Melbourne. Attendees included clinicians and Return to Work Coordinators, all considering the day's theme, "Is return to work really good for your health?"
International academic, Professor Dame Carol Black, presented her groundbreaking UK research on the crucial health benefits of work.
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Doctors agree: Work is good for your health!
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Work is good for our health, while long absences from employment can make us miserable doctors say.
Leading Australian and New Zealand health care and medical bodies have signed a Consensus Statement to promote the health benefits of work – and they say long breaks away from work have a negative impact on wellbeing.
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NEW Return to Work Compliance Codes
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Return to Work Compliance Codes provide practical guidance to employers (and hosts) about how to comply with their obligations under the Accident Compensation Act. It is not mandatory to comply with a Code, however, those who do will be deemed to have complied with their relevant obligations under the Act.
Click "Read More" to see what's new about the way these codes deal with your obligations.
There are four Compliance Code titles, which became available on 1 April:
• Providing employment, planning and consulting about returning to work
• Return to Work Coordinators
• Return to work information
• Cooperating with labour hire employers about return to work.
Each Code was prepared in consultation with the public and representatives of employers, unions, occupational rehabilitation providers and health practitioners.
Read our fact sheet that explains the new codes or download the Compliance Codes .
We have updated several return to work publications, as well as our web content and the online claims manual, to reflect the content of the Codes. However, we kindly request that you run down any current stocks of printed materials that you might have before you place orders for new materials.
| Title: |
what's new about this? |
Compliance Code 1 of 4
Providing employment, planning and consulting about return to work |
• Focus on involving the person chosen by the worker to represent, assist and support them in all stages of the return to work process, including consultation
• Clarifies the triggers for the start of the employer obligation period.
• Details how to plan a worker’s return to work, including each step of the planning process.
• Provides detailed information on how to consult with the worker, their treating health practitioner and an occupational rehabilitation provider
• Provides ten diverse examples |
Compliance Code 2 of 4
Return to Work Coordinators |
• Focus on involving the person chosen by the worker to represent, assist and support them in all stages of the return to work process, including consultation
• Refers to employer's obligations to nominate and appoint a Return to Work Coordinator.
• Provides a new definition for Return to Work Coordinator Seniority.
• Provides a modified list of Return to Work Coordinator competencies.
• Provides three diverse examples |
Compliance Code
3 of 4
Return to work information |
• Includes a customisable Return to Work Information Template
• Details how employers should consult with their workers about making return to work information available.
• Provides three diverse examples |
Compliance Code
4 of 4
Cooperating with labour hire employers about return to work |
• Focus on involving the person chosen by the worker to represent, assist and support them in all stages of the return to work process, including consultation
• Clarifies the position of group training organisations as labour hire employers. Also clarifies the position of organisations that hire apprentices or trainees through group training organisations as hosts.
• Clarifies the actions that a host may take to comply with their return to work obligations
• Provides four diverse examples |
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End of Accident Compensation Act transition period
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On 1 July 2010, new return to work legislation became effective. A transition period to give employers time to familiarise themselves with the new requirements operated from that date to 31 March 2011.
During this time, either of the following actions deemed employers compliant with their obligations under the Accident Compensation Act:
- Claims received before 1 July 2010 - employers needed to be clearly complying with either the previous or current return to work obligations in this period.
- Claims received on or after 1 July 2010 - for all matters involving a worker’s incapacity for work (regardless of the date the claim was received), employers needed to comply with the current return to work arrangements.
From 1 April 2011, all employers must fully comply with the post 1 July 2010 return to work obligations for all claims.
For further advice on these requirements, please contact your Agent or the WorkSafe Advisory Service.
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Labour hire and return to work
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Labour hire workers, also known as on-hire workers, are paid by a labour hire employer but work at organisations referred to as ‘hosts’. A host includes a person who hires an apprentice or trainee employed by a group training organisation.
Labour hire employers and hosts each have legal responsibilities to protect the health and safety of workers, as well as return to work obligations.
For more information, read our fact sheet on labour hire and return to work or download the relevant for practical guidance on your obligations.
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New: Real life return to work stories
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In this edition, we're starting a new series of return to work stories. Please email us if you have a story to share!
PENNY'S STORY: A model return to work
Kindergarten teacher Penny Vojtec’s shares her return to work story. Watch Penny's Story, which debuted at WorkSafe’s recent Return to Work Forum in Melbourne.
MICK'S STORY: Return to work discrimination
Mick’s story has been provided by the Victorian Equal Opportunity and Human Right Commission It’s been adapted from a real-life case and shows how to avoid return to work discrimination.
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RTW Coordinator Profile
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INTRODUCING: Rosemary Sacristan
Training and Development Manager, Huhtamaki
Who do you work for?
I work for Huhtamaki. We produce egg packaging, fruit trays and wine bottle carriers. We have approx 70 employees in the Preston Australia site which is a combination of office staff, maintenance, warehouse and production.
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Your Questions Answered
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Some of your recent return to work questions answered:
QUESTIONS:
Q1: Can the Certificate of Capacity be submitted in any format and still be acceptable to Agents to ensure the injured worker continues to receive weekly entitlements?
Q2: If the worker quits their job and then puts in a claim, does the employer have to hire them back in order to meet their return to work obligation?
Q3: What should an employer do if the worker puts in a claim but then quits during the 52 week obligation period for the employer to provide suitable employment and plan the worker’s return to work? Does the employer still need to meet their obligations?
Q4: If the worker moves interstate after putting in a claim, does the employer still have to meet their return to work obligations?
Q5: How is the employer 52-week return to work obligation period calculated?
ANSWERS
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Copyright
The information contained on this “Learn to Return” e-newsletter is Copyright of the Victorian WorkCover Authority (WorkSafe) unless expressly stated otherwise. Comments and enquiries should be directed to rtw_networks@worksafe.vic.gov.au
Disclaimer
The information presented on this “Learn to Return” e-newsletter is intended for general use only. No claim is made as to the accuracy, currency or authenticity of the information contained on this “Learn to Return”
e-newsletter at any time. No person should rely on the information contained on this “Learn to Return”
e-newsletter without seeking independent professional or legal advice which takes account of their specific circumstances.
This “Learn to Return” e-newsletter may contain material prepared by third parties and/or links to other websites. Such material and/or information does not necessarily reflect the views and policies of the Victorian WorkCover Authority (WorkSafe). WorkSafe makes no representation or warranty as to the accuracy or any other aspect of material prepared by third parties, nor the information contained on linked sites. WorkSafe therefore does not endorse or recommend such material and/or information.
WorkSafe does not accept liability for any loss or damage suffered by any person resulting in any way from the use of, or reliance on, the information contained on this “Learn to Return” e-newsletter, including any material prepared by third parties and/or information contained on linked sites, and extends no warranties as to actions taken by third parties as a result of such information.
Important information:
- The Victorian WorkCover Authority (WorkSafe) collects personal information to enable us to perform our functions. For more information about the use, access and disclosure of this information, refer to our privacy policy at our website www.worksafe.vic.gov.au.
- Please consider the environment before printing.
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