Question

Describe the relevant legislation that affects rehabilitation and return to work programs. (100–200 words)

(Students should develop a presentation and discuss this topic in class.)

Answer 1

?The Department of Education, Training and Employment provides workplace rehabilitation programs to assist each employee with a current accepted WorkCover claim as per Section 220 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld).

In addition, the Department may provide workplace rehabilitation programs to assist employees who do not have a current accepted WorkCover claim return to work, where operationally reasonable. When making decisions about what is or will be considered operationally reasonable the Department will consider, on the balance of the employee’s and workplace’s needs, the following:

• Financial Accountability Act 2009 (Qld)
• Queensland Public Service Code of Conduct
• Education (General Provisions) Act 2006 (Qld)
• An assessment of risks to the injured or ill employee, other employees, students and others in the workplace.

The creation of a high performing health, safety and wellbeing culture in the Department of Education, Training and Employment is critical to improving the health, safety and wellbeing of our people and achieving our vision.

Our vision for staff and students is that they become ‘healthy people achieving quality educational and training outcomes in a safe and supportive working and learning environment’.

Workplace rehabilitation programs contribute to this vision by facilitating safe, timely and sustainable return to work programs for employees recovering from injury or illness.

Return to Work Programs

A return to work program is used to assist an employee with an injury/illness who has been absent from work, or is not able to perform their full substantive hours, to return to work. A return to work program may consist of alterations to the number of days worked per week, hours worked per day, and duties performed.

When the employee’s substantive workplace is not suitable for a safe return to work, an alternative workplace should be organised through negotiation by the Rehabilitation and Return to Work Coordinator and Regional/Institute/Central Office Human Resource Consultants.

All return to work programs need to be approved by the treating medical practitioner.

Suitable Duties

Return to work programs and maintain at work programs should provide meaningful productive work for employees who would otherwise be unable to effectively perform their usual duties as a result of their injury/illness. Where staff are unable to perform all of their usual duties and 'suitable duties' are required, the choice of duties will have regard to:

• the nature of the employee's incapacity and pre-injury/illness employment
• relevant medical information
• the rehabilitation plan for the employee
• the provisions of the Department of Education, Training and Employment rehabilitation procedures
• the employee's education, skills, qualifications and work experience
• minimising the risk of aggravating the employee's injury/illness or placing any other person at risk of injury/illness
• if duties are available at a location other than the location in which the employee was injured - whether it is reasonable to expect the employee to attend the other location
• the inherent requirements of the employee’s substantive position and the alternate duties.
• any other relevant matters.

Once the return to work plan has been completed, it is signed by all parties before the employee commences the return to work program.

An individual return to work plan should generally be developed to cover a 4 to 6 week period. It should be no longer than one term in duration. Should a maintain at work or return to work program extend beyond 4 to 6 weeks in duration it may be necessary to develop further return to work plans.

The employee should be monitored while undertaking the return to work plan to ensure that the duties and hours recorded in the plan are not aggravating their condition. Alterations should be made to the plan if this is the case. All alterations need to be signed by the employee's treating medical practitioner.

If the employee is claiming benefits from either WorkCover or QSuper then a copy of the return to work plan should be sent to the relevant authority.