Policy Owner and Effective Date

People and Culture
Effective Date: 31 July 2024
Version 1

Purpose

This Policy provides information on how to manage workplace injuries and illness, and the rehabilitation/ return to work process.

Scope

This Policy applies to all employees employed by TEG.

1. Policy Statement

TEG is committed to providing a safe and healthy work environment. The purpose of this Policy is to summarise the obligations imposed by workers compensation and injury management legislation on TEG and its employees. Those obligations concern the procedures that TEG has in place in the event that an employee suffers from either a workplace injury or illness. Accordingly, the Policy only applies to an injury or illness that occurs as a result of employment and for which liability has been accepted by TEG’s workers compensation insurer.

2. Workplace Injuries and Illness

Work must be the significant contributing factor to the causation or aggravation of an injury or illness for the injury or illness to be classified as a workplace injury or illness. In the event of a workplace injury or illness, it is the employee’s responsibility to notify the People and Culture Team and their direct manager of any injury as soon as practicable and provide a Certificate of Capacity and letter confirming adjustments or alternative/ suitable duties (if applicable). Following notification of an injury, and upon request from the employee, TEG will provide to the injured employee, where applicable, a workers compensation claim form. The decision to accept or deny liability for any claim for workers compensation benefits rests with the workers compensation insurer.

3. Rehabilitation

In each instance, a rehabilitation program has the following objectives: (a) rehabilitation commences as soon as practicable after the injury/illness, with approval of the employee’s treating doctor; (b) the goal, through a rehabilitation plan, is to return the injured/ill person to their normal duties; (c) a team approach to rehabilitation is used, with cooperation, consultation and confidentiality being key requirements for all persons involved; and (d) at all times the rights, welfare and confidentiality of the employee are respected. TEG has in place a Return to Work Program for all employees. In accordance with that Program, TEG will take reasonable steps to assist employees return to the workplace as soon as they are medically able, following a workplace injury or illness. TEG will endeavour to do this by: (a) developing an individual Return to Work Program for an injured employee who is seeking to return to work on suitable duties. That program will be developed by TEG following discussion with the injured employee, the injured employee’s treating doctor and, if applicable, a Rehabilitation Provider. A Rehabilitation Provider may be engaged to assist TEG and the injured employee with the rehabilitation process; (b) appointing a Return-to-Work Coordinator (usually a nominated person within the People and Culture Team) to liaise with the injured employee, the injured employee’s doctor and if applicable, the Rehabilitation Provider to coordinate TEG participation in the Return to Work Program; and (c) where it is reasonably practicable, providing suitable duties (also known as modified or restricted duties) to the injured employee. The provision of suitable duties will be subject to a number of factors including available medical evidence regarding the injured employee’s fitness, nature of their medical restrictions, an assessment of whether the employee’s pre-injury role can be modified to accommodate the restrictions and, where the pre-injury role cannot be modified, an assessment of whether there are any comparable duties that are available and which are consistent with the injured employee’s skills, experience and location.

4. Injury Management

In addition to the Return to Work Program outlined above, TEG will also co-operate and participate in any Injury Management Plan that is developed by its workers compensation insurer. The Return to Work Coordinator will liaise with the workers compensation insurer in relation to the Injury Management Plan and will coordinate TEG participation in the plan. The Return to Work Coordinator will maintain a case file.

5. Obligations of Injured Employee

In addition to following the relevant procedures outlined above, an injured employee is also expected to co-operate with, and participate in, the insurer’s Injury Management Plan and TEG Return to Work Program. Failure to do so may affect any entitlement the injured employee may have to workers compensation benefits and/or could lead to disciplinary action. In addition, an injured employee must provide to TEG a WorkCover certificate in respect of: (a) all periods where the injured employee will be absent from work; and (b) all periods where the injured employee is fit to attend work but is unfit to perform pre-injury duties without restriction. WorkCover certificates that are backdated will not be accepted by TEG. TEG may make arrangements from time to time for an employee to attend a medical examination with a doctor to assess the employee’s fitness for work. These examinations may be in addition to those that are organised by TEG workers compensation insurer. TEG will be liable for the cost of that examination. The employee is required to attend such examinations at the request of TEG.

6. Confidentiality

At all times confidentiality of information is to be respected. The Return to Work Coordinator will: (a) obtain written authorisation from the employee for release of medical or psychological information. (b) ensure records are stored securely on the employees personal file. (c) limit the release of information to those personnel who are actively involved in the plan.

7. Legislation

The following legislation can be used as a point of reference at the time of writing this Policy. This list is by no means exhaustive and should be viewed as a guidance only. Australia Work Health and Safety Act 2011 (WHS Act) Safety Rehabilitation and Compensation Act 1988 (SRC Act) Model WHS Regulations and model Codes of Practice (see Safe Work Australia) State-based legislation (see SafeWork SA, WorkSafe Tasmania, WorkCover WA, Workplace Health and Safety QLD, NT WorkSafe, SafeWork NSW, WorkSafe Victoria, Comcare and WorkSafe ACT) New Zealand Accident Compensation Act 2001 Health and Safety at Work Act 2015 ACC Malaysia Employee’s Social Security Act 1969 This Policy summarises some of the rights and obligations that are created by the legislation and is not intended to go beyond the legislation. This Policy is not a term of any contract, including any contract of employment and does not impose any contractual duties, implied or otherwise, on the Company. This Policy may be varied by the Company from time to time.

8. Related documents, forms and tools

Work Health and Safety Policy Incident and Near Miss Form Work from Home Policy Work from Home Checklist Ergonomics Self-Assessment Checklist