Policy Number: 022 Injury Management and Return to Work

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1 Policy Number: 022 Injury Management and Return to Work July 2015

2 Policy Details 1. Owner Manager, Business Operations 2. Compliance is required by Staff, contractors and volunteers 3. Approved by The Commissioner 4. Date created July Date of this review N/A 6. Next review due July 2016 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation 7. Driver Act 1998 Workers Compensation Regulation 2010 Work Health and Safety Act 2011 NSW Ministry of Health PD2013_006 Injury Management and Return to Work 8. References Government Sector Employment Act 2012 WorkCover NSW s Guidelines for Workplace Return to Work Programs Business Services Coordinator who monitors changes to legislation, policies and procedures and recommends any 9. Contact Officer/Maintained by amendment to the Injury Management and Return to Work Policy 10. Search terms Injury, illness, return to work, compensation 11. Compliance assurance method By incident monitoring 12. Policy Document location TRIM Ref: TD14/257 Policy The Mental Health Commission of NSW is an independent statutory body and therefore sets its own policies in compliance with relevant legislation and requirements of the NSW Government for public sector agencies. An exception to this general rule is in the area of employment. Under the Mental Health Commission Act 2012, the Commission cannot employ staff, and utilises the delegation provided by the Secretary of the Ministry of Health to the Commissioner for its human resources functions including the recruitment of staff and management of industrial issues. The Commission s staff is formally employed through the Mental Health Commission Staff Agency of the Government Service of the Government Sector Employment Act As a result of this delegation, the Commission adopts the employment policies of the NSW Ministry of Health. In the case of injury management and return to work, the Ministry has developed and the Commission has adopted the NSW Ministry of Health Policy Directive Injury Management and Return to Work (PD2013_006, attached as Appendix A), which provides guidance to the Commission in the management of work-related injury or illness, including both physical and psychological, and return to work. The Commission is committed to promoting a positive workplace health and safety culture, which includes the timely, safe and durable return to work of a staff member, contractor or volunteer who has experienced a workplace injury or illness. TRIM Ref: TD14/257 2

3 To aid interpretation of the NSW Ministry of Health policy at the Commission, the following references in the policy should be read as the equivalent term of the Commission: Reference in NSW Ministry of Health Policy NSW Health/Agency/NSW Health Agency Supervisors Return to Work Co-ordinator/ Workers Compensation Manager Employee Equivalent term of the Commission Commission Managers Business Services Coordinator Staff member Note that a worker is defined under the Workers Compensation legislation as a person who has entered into or works under a contract of service or a training contract with an employer (whether by way of manual labour, clerical work or otherwise, and whether the contract is expressed or implied, and whether the contract is oral or in writing). In the context of the Commission as an employer and under this Policy, workers are members of staff employed by the Commission via the Government Sector Employment Act Volunteers are also classified as workers under this policy as they are covered under the Commission s Treasury Managed Fund (TMF) Miscellaneous Cover. Employees of labour hire firms (commonly referred to as contractors at the Commission) who are injured or suffer a work related illness at the Commission will be supported and provided with all necessary support to contact their labour hire firm who will arrange injury management, return to work planning and workers compensation if required. Procedure General Procedure The Commission s staff, contractors and volunteers will: Co-operate with a Return to Work Plan of a fellow staff member, contractor or volunteer with a workplace injury or illness, if required Co-operate in worksite changes designed to assist the return to work of a fellow staff member, contractor or volunteer with a workplace injury or illness so that the changes do not transfer the risk of injury or illness to others. Business Services Coordinator will: Maintain a Register of Injuries/Illness (via TRIM Ref: TF14/512) that is readily accessible to workers and records the particulars of any injury or illness Ensure a summary of the Injury Management and Return to Work Program is displayed in the workplace (available at Appendix B) in a position where workers can see it Ensure the WorkCover If you get injured at work poster is displayed in the workplace in a position where workers can see it Maintain case management files in accordance with WorkCover NSW s Guidelines for Confidentiality of Injury Management Information (an appendix to WorkCover NSW s Guidelines for Workplace Return to Work Programs). TRIM Ref: TD14/257 3

4 Manager, Business Operations will: Ensure requirements as set out in the Work Health and Safety Act 2011 in conjunction with the Commission s Policy on Work Health and Safety are understood and complied with. Executive Director will: Adequately resource injury or illness prevention and management systems. Commissioner will: Demonstrate commitment to the Commission s WHS management system by promoting a positive health and safety culture, which includes the timely, safe and durable return to work of a staff member, contractor or volunteer with a workplace injury or illness. In the event of workplace injury or illness The injured or ill staff member, contractor or volunteer will: Seek first aid treatment Notify their Manager and the Business Services Coordinator of the workplace injury or illness as soon as possible (ideally within 24 hours) and advise how long they will be off work, if this is necessary Complete particulars of the injury or illness using the Injury and Illness Register template (located in TRIM) as soon as possible after the injury or illness has happened For staff and volunteers - If the injury or illness is likely to become a worker s compensation claim, comply with the requirements outlined at section 5.2 of the attached Ministry of Health policy and the Fact Sheet: Injury Management & Return to Work (at Appendix 8 of the NSW Ministry of Health PD2013_006 Injury Management and Return to Work) For contractors - Notify your labour hire firm of the injury or illness and to arrange injury management, return to work planning and workers compensation if required. The Register of Injury / Illness template can be found in TRIM under Work Health and Safety. Record Number: TD14/314 Business Services Coordinator (who performs the role of the Return to Work Co-ordinator and Workers Compensation Manager at the Commission) will: Notify the Commission s insurer of any injury or illness within 48 hours of the incident occurring Assist the injured or ill staff member, contractor or volunteer to complete particulars of the injury or illness in the Injury and Illness Register (TRIM TF 14/512) as soon as possible after the injury or illness has happened Provide information to injured workers and managers on the injury management process, legislative entitlements and responsibilities in relation to workers compensation and return to work If the matter progresses to a worker s compensation claim, work closely with the injured/ill worker, their doctor, and the Commission s insurer to get the best outcome for Commission workers and the Commission Follow the additional procedural guidance for the Return to Work Co-ordinator and Workers Compensation Manager at section 5.3 of the attached Ministry of Health policy. TRIM Ref: TD14/257 4

5 Managers will: Provide support to and refer injured or ill staff members, contractors or volunteers to the Business Services Coordinator Assist injured or ill contractors to contact their labour hire firm Actively participate in an injured staff member, contractor or volunteer s rehabilitation and return to work Identify and offer suitable work options to help staff, contractors and volunteers who have had a work-related injury or illness recover at work Investigate the work-related illness or injury so that safety improvements can be made Ensure that staff, contractors and volunteers understand and follow procedures relating to injury or illness reporting and notification, and the return to work process for an injured colleague. Roles and responsibilities for the Fund Claims Manager, Nominated Treating Doctor and Rehabilitation Provider are provided at Appendix A. Guidance and Resources The WorkCover NSW If you get injured at work poster for the workplace and the Guidelines for Workplace Return to Work Programs are available for download at Guidance and resources for the Business Services Coordinator and Managers: Fact Sheet: Giving Notice of an Injury Making a Claim is at Appendix 2 of the NSW Ministry of Health PD2013_006 Injury Management and Return to Work Model Return to Work Plan: is at Appendix 3 of the NSW Ministry of Health PD2013_006 Injury Management and Return to Work Checklist: Actions When a Serious Incident or Significant Injury Occurs to a Worker is at Appendix 4 of the NSW Ministry of Health PD2013_006 Injury Management and Return to Work Checklist: Actions for Incidents involving Injury or Illness to Non Workers is at Appendix 5 of the NSW Ministry of Health PD2013_006 Injury Management and Return to Work Checklist: Actions for Injuries Where Workers Compensation may be Payable is at Appendix 6 of the NSW Ministry of Health PD2013_006 Injury Management and Return to Work Accident investigation Form: is at Appendix 7 of the of the NSW Ministry of Health PD2013_006 Injury Management and Return to Work Guidance and resources for Injured Workers: Fact Sheet: Injury Management and Return to Work is at Appendix 8 of the NSW Ministry of Health PD2013_006 Injury Management and Return to Work Letter to Nominated Treating Doctor: Workplace Information for Nominated Treating Doctor (manager to complete) is at Appendix 9 of the NSW Ministry of Health PD2013_006 Injury Management and Return to Work TRIM Ref: TD14/257 5

6 Information Consent Form: Is at Appendix 10 of the NSW Ministry of Health PD2013_006 Injury Management and Return to Work Brochures: Doctors and WorkCover Your Nominated Treating Doctor, What WorkCover Means for Injured Workers, Doctors and WorkCover Injury Management Consultants are available on the WorkCover NSW website at: TRIM Ref: TD14/257 6

7 Appendix A: NSW Ministry of Health PD2013_006 Injury Management and Return to Work Mental Health Commission of New South Wales TRIM Ref: TD14/257 7

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55 Appendix B: Summary of the Commission s Return to Work Program Issue date: The Commission is committed to preventing workplace injury and illness through providing a safe and healthy working environment. If workplace injury or illness does occur, the Commission will help to ensure a safe and durable return to work for any worker with a workplace injury/illness as normal practice. The Commission s procedure on Injury Management and Return to Work supports that process. 1. This Summary of the Return to Work Program must be displayed prominently at the Commission and workers must be provided with information on injury/illness management and workers compensation. 2. This Summary of the Return to Work Program has been informed by the NSW Ministry of Health PD2013_006 Injury Management and Return to Work. 3. Workers are required to notify the Business Services Coordinator and their Team Manager of any work related injury or illness as soon as possible after an injury or illness. Ideally prior to leaving work and at least within 24 hours of the injury or illness occurring. 4. Workers with a workplace injury or illness or their representative, must complete particulars in the Register of Injuries/Illness as soon as possible after the injury or illness has happened. 5. Where workers may require time off work and workplace rehabilitation, they are required to cooperate with and participate in the establishment of any Return to Work Plan. 6. A Return to Work Plan will be developed by the Return to Work Coordinator (the Commission s Business Services Coordinator) in consultation with the worker, his or her Nominated Treating Doctor, his or her Team Manager and the approved workplace rehabilitation provider, if required. The rehabilitation goal will be a return to preinjury/illness duties unless medical evidence suggests otherwise. 7. Suitable duties will be identified in line with medical advice. 8. Suitable duties are to take into account the nature of the injury or illness and must be meaningful activities for the worker and the workplace. 9. If workers cannot return to their pre-injury/illness position following the completion of the return to work process, the Commission will seek to redeploy them internally to a suitable, available, alternative position in line with their permanent medical restrictions. 10. If suitable alternative employment, consistent with medical restrictions, is not available then support will be provided by the Commission and the approved rehabilitation provider to obtain suitable employment external to the Commission. This process may initially involve work trials and job seeking activities. NSW MENTAL HEALTH COMMISSIONER TRIM Ref: TD14/257 55

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