
The organisation needs to establish the capabilities and mechanisms needed to successfully achieve its rehabilitation outcomes. A supportive workplace culture is the foundation for implementing these strategies effectively.
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Organisations need to identify and provide adequate resources to implement, maintain and improve their rehabilitation programs. Adequate resources are also needed for the facilitation of an early return to work or the maintenance of an employee at work. Resources include human resources and specialised skills, technology and financial resources. Organisations also need to consider their injury and risk profiles, their size and their location.
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Based on the requirements of the s. 41 guidelines, organisations must ensure that all personnel involved in rehabilitation programs have the necessary competencies, skills and experience to enable them to undertake their rehabilitation responsibilities.
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Communication is a key element of successful rehabilitation outcomes and all stakeholders must understand their role and responsibilities in the rehabilitation process.
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The rehabilitation management system is constructed to make sure the injured worker and their supervisor are central to the return to work. The supervisor maintains regular contact with the employee and keeps the workplace links intact.
Natural justice requires that employees are properly informed of their rights and responsibilities in relation to rehabilitation.
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Providing rehabilitation as soon as practicable after an injury or on the request of an injured employee sets an expectation of an early return to work. This reduces the human and financial costs associated with workers' compensation claims or other forms of leave. It demonstrates that the employer values its employees.
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Snowy Hydro faces unique challenges in ensuring safe work conditions for its employees. Due to the diversity of its business, job tasks and work environments, the company's return to work processes and management system needed to be robust yet adaptable to each area of the business.
Additionally, Snowy Hydro management had to reverse a cultural stigma surrounding injury reporting and workers' compensation within parts of its organisation.
Snowy Hydro has developed an early support and return to work program that integrates a managed process through an online notification system covering four key areas:
Key features of the program include regionally based rehabilitation liaison officers (RLOs) who are supported by a central case manager, a medical provider and service provider education program. The service provider education program focuses on early intervention protocols and links the performance of all managers, team leaders, RLOs, case managers and employees to a balanced scorecard, providing incentives for all of the above to carefully apply early intervention protocols.
Staff training is also a major component of the early injury support model. Snowy Hydro has constructed a training program with a range of products to help RLOs, case managers and OHS staff continue to perform and remain effective in their roles. This benefits the employees they assist and the organisation at large.
At the employee level, Snowy Hydro provides information packs to its staff highlighting the support network in place, information and advice on the process of return to work and guidelines on reporting.
Through the implementation of this program, Snowy Hydro has established an early reporting culture and an improvement in this area, with 81 per cent of injuries logged in the first 24 hours. There has also been a positive reduction in the number of incidents resulting in lost time.
There is now an expectation for all senior managers to use the technology and program to ensure a consistent approach to the management of rehabilitation and return to work.
13 2007 SRCC Safety Awards
To enable effective rehabilitation, employers should ensure that there is a system in place for the early identification and notification of an injury. This system should help employers determine whether a rehabilitation assessment is required. This should be well documented and communicated within the organisation and monitored for its effectiveness.
It is a requirement under s. 36 of the Safety, Rehabilitation and Compensation Act 1988 that organisations undertake or arrange an assessment of an injured worker's capability to undertake a rehabilitation program. Its purpose is to provide information on the employee's capability of undertaking a rehabilitation program and, if the employee is capable, the appropriate services to be provided. An assessment should include an interview with examination of the injured employee and take into account their medical diagnosis and prognosis, their pre-injury duties, their current capacities and the availability of suitable duties. It should also consider workplace issues and any identified or potential barriers to the return to work process.
There are many benefits of a rehabilitation assessment:
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a) an interview or examination of the employee
b) a workplace assessment and meeting with the employee's manager or supervisor
c) liaison with the employee’s treating medical practitioner and treatment providers
d) identification of barriers to maintenance at or return to work and strategies to overcome them
e) description of suitable duties
f) if the employee is assessed as capable of undertaking a rehabilitation program, recommendations on what program the employee should undertake
g) a personally signed written report of the assessment and recommendations provided to the case manager.
The Australian Taxation Office routinely sends letters to approved rehabilitation providers with s. 36 assessment referrals, which clearly detail the ATO's expectations of the service being requested. This includes expectations around:
For a copy of this letter template, see Appendix 8.
Workplace rehabilitation helps return injured workers back to work safely and quickly.
To ensure compliance with the Safety, Rehabilitation and Compensation Act (SRC Act), all rehabilitation programs must be undertaken in accordance with s. 37 of the SRC Act.
As an employer, rehabilitation can benefit you by reducing:
For injured workers, rehabilitation can assist recovery, minimise disruption to working life, and help financial and job security.
The rehabilitation program provides all people involved in the process with clear guidance on expectations, roles and responsibilities. It also provides clear timeframes and realistic goals.
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Organisations are required under legislation to comply with the Rehabilitation guidelines for employers (the s. 41 guidelines).
A rehabilitation authority can determine that an employee who has suffered an injury resulting in an incapacity for work or impairment should undertake a rehabilitation program. When doing so, the rehabilitation authority must comply with the provision of the s. 41 guidelines.
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Section 40 of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) requires employers to take all reasonable steps to provide an injured employee who is undergoing or has completed a rehabilitation program with suitable employment. If this isn't possible, employers must help injured employees find suitable employment.
This is required under the following legislation:
If the injured worker is an ongoing employee of the Commonwealth suitable employment is any employment within the Commonwealth.
If the injured worker is an ongoing employee of the ACT government suitable employment is any employment within ACT government.
If the injured worker is an ongoing employee of a licensee, suitable employment is any employment within the licensee's organisation.
If the employee wishes to pursue other employment in the above examples, they will need to elect to separate from the organisation.
If the injured worker was on a fixed-term contract with the Commonwealth or ACT government or a licensee at the time of the injury and the contract expires before they are back at work then suitable employment is any employment.
If the injured worker is separated from ongoing employment (i.e. either resigns, is terminated or accepts a redundancy) suitable employment becomes any employment for the purposes of rehabilitation.
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The age and general fitness of K&S's driving workforce, combined with the strenuous nature of driving duties, cause its employees to be susceptible to muscular stress injuries. This makes it difficult to locate alternative duties suitable for those suffering from these injuries. The distance that drivers need to travel to depots also makes workplace rehabilitation difficult and can result in a loss of time for the organisation.
When K&S received its self-insurance licence, it looked for early intervention strategies to reduce the impact of work-related injuries. In conjunction with a strong focus on injury prevention, K&S developed a way to help employees access immediate medical treatment. Where appropriate, K&S also retained the employee in the workplace on alternative suitable duties.
The identification and location of suitable duties within the workplace was essential to maximise the benefits of early intervention and maintain the link with the workplace.
To make sure that employees who are remotely located from a K&S depot are able to access suitable duties, a series of return to work home packs were developed for each business unit Australia-wide. The packs contain valuable training material such as safe operating procedures and policies that are central to the duties of the injured employee. The employee must read the material and complete a series of consolidated learning questions.
Since the early intervention program was implemented, injury cases reduced from 402 in 2006-07 to 255 in 2007-08. The average cost per case through the intervention program is only $299, compared to an average cost for compensable claims of $6,722 (based on 85 claims).
An emphasis on early reporting has led to 73 per cent of all incidents being reported to the National Injury Manager and state-based return to work coordinators within 24 hours.
14 2008 SRCC Safety Awards
Privacy legislation binds all rehabilitation authorities and aims to protect the rights of individuals by regulating the way information about them is collected, stored, used and disclosed. These Acts regulate:
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Rehabilitation management system documentation should be legible, dated and readily identifiable. It should be maintained in an orderly manner for a specified period. It also needs to be current, comprehensive and issued by an authoritative source.
Operational processes and procedures should be defined, appropriately documented and updated as necessary. The degree and quality of the documentation will vary depending on the size and complexity of the rehabilitation authority.
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All client records should comply with the relevant privacy legislation.
Organisations must comply with the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) when managing reviews and reconsiderations. When there is a review or a reconsideration of a rehabilitation determination, the responsible officer considers the SRC Act and the Rehabilitation guidelines for employers (the s. 41 guidelines) before making their decision.
A review can be defined as the process in which the primary determination is re-examined. A reconsideration can occur when an employee who is dissatisfied with a determination made by the relevant authority asks for a reconsideration of the determination by a delegate not involved with the original decision.
The above refers to reviews under s. 38 of the Act and reconsiderations under s. 62 of the Act.
Employers and employees have a right under the Act to a review and reconsideration of decisions and determinations.
Organisations must ensure that proper processes are in place when managing reviews or reconsiderations and that staff involved in the rehabilitation and return to work processes are aware of these processes.
Comcare conducts the review and reconsideration function for premium payers.
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Ensure that the person making the rehabilitation determination has the delegation to make such a determination.
Make sure the employee receives a written notice of the determination, which includes: