Brief overview of current developments within the WorkSafe environment
Transitional Employer Services (TES)
• Another acronym added to the worksafe return to work scheme (OES, NES and WISE).
• Workers who need to RTW with a new employer with current work capacity and receiving weekly payments to be placed with a transition employer for 4 weeks.
The main aim for this program is to:
1) Restore capacity
2) Develop their skills and abilities to return to suitable employment and in some cases an offer of employment from the transitional employer.
3) OR services will be able to support worker (work site assessment is required as per requirement with WISE placement to ensure suitability (match capacity to position)
Benefits for employers and employees:
• TES may facilitate WISE placements. Access to WISE incentives for the host employer after a successful TES placement.
• Attractive to employers and can observe worker on a trial basis.
• Employer has no injury liability as per WISE placement.
• Worker is paid weekly benefits (no wage requirement by employer) for a 4 week period.
• Worker has opportunity to gain experience and increase confidence. Rebuild some work skills, establish work routines etc.
Predictions:
• Some experts have predicted that a work experience scheme would not be beneficial, however due to the potential large carrot at the end (WISE subsidy) it may be different this time.
• Worksafe have advised that the recession will actually facilitate the WISE scheme as the income subsidy and protection is very appealing in these difficult times.
• Other experts in the job placement industry however argue that it will actually be much harder to place people even with the WISE carrot as this will be tempered by fewer jobs. ANZ job ads are down by 8.6% in November 2008 and Saturday Age careers guide is now very light.
Courts penalize return to work violations
• The current trend of the VWA in enforcing RTW requirements is now being supported by the courts. This sends a clear signal to employers that they must be diligent not only with regard to preventative risk management (OHS) but also effective management and return to work of employees who have been injured in the course of their employment.
• Worksafe is now cracking down on companies that do not provide appropriate rehabilitation and return to work programs for their injured workers.
• Due to the recession there can be an expected increase in prosecutions to crank up the fines.
• Current spate of prosecutions which commenced in early 2007 have resulted in penalties ranging from $1,000 – $6,500. This is a warning to all employers that breaches of the W/C laws will be punished.
• In one of the most recent decisions in September 2008, Logical Industrial was found guilty without conviction however was fined $1,000. WorkSafe claims employees of the defendant company were identified as having been forwarded outside the prescribed period. The claims ranged from 2 days to 668 days late. The defendant had outsourced the management of all its WorkCover matters to a firm specializing in this area. In handing down sentence (as per the worksafe website), the Magistrate took into account the fact that the company was required to pay $55,519.00 in additional liabilities to the insurance agent as a direct consequence of the failure to forward claims for compensation within the prescribed time frames. The company had also spent approximately $16,000 to audit all WorkCover files.
• Under section 123 of the Act, an employer must prepare a return to work plan and nominate a coordinator no later than 10 days after a claim being accepted or determined in the workers favor, or if the worker is likely to be incapacitated for more than 20 days.
• If an injured worker has some capacity, the RTW plan must include an offer of suitable employment (OSE) detailing suitable duties and hours in line with medical restrictions.
• Vic employers with a payroll of $1m or less must establish a risk management programme and an occupational rehab programme when injured workers incapacity will exceed 20 days. Employers with a payroll of more than $1m must have both programmes in place at all times.
This article was presented by the team from Nabenet – to learn more about Nabenet visit www.nabenet.com.au