5.5.6.2 Workplace equipment or modifications
An Agent may approve workplace equipment or modifications as an occupational rehabilitation (OR Occupational Rehabilitation) service.
Usually the Agent will be informed about a need for workplace equipment or modifications in an OR provider report. This report should clarify why this workplace equipment or modifications will assist the worker to return to work at the injury or a new employer by:
- outlining the duties and tasks of the job the worker is being asked to perform and
- explaining how the particular features of the worker’s injury cannot be addressed in the current workplace or by them using existing workplace equipment.
Agent action following a recommendation for workplace equipment of modifications
If an Agent approves workplace equipment or modifications, two quotes should be obtained from appropriately qualified tradespersons or suppliers.
These quotes may be obtained by the employer or the OR provider and forwarded to the Agent.
The Agent should determine the reasonable costs of the equipment or modifications and then advise the parties which quote will be accepted.
Workplace equipment or modifications not approved
If the Agent does not approve a recommendation for workplace equipment or modifications, they must advise the worker in writing of the reasons for their decision and appeal rights.
Payment of workplace equipment or modifications
Agent prior approval of the workplace equipment or modification must be obtained. Payment of the approved workplace equipment or modification is made to the tradesperson or supplier using Payment Type Code 169.
An employer may choose to directly pay the tradesperson or supplier and seek a reimbursement of the costs from the Agent.
If the employer acts without Agent prior approval then the Agent only reimburses those costs where they are satisfied that the equipment or modification is reasonable and necessary and the costs are reasonable. Costs are not reimbursed if they are part of an employer meeting their OHS Occupational Health and Safety Act obligations.
Workplace equipment or modifications as an employer expense under OHS Act
An OR provider should not recommend workplace equipment or modification if that equipment or modification is of a type ordinarily provided for general worker use at the workplace. This type of equipment or modification is likely to be an employer expense under their OHS Act obligations.
Examples of particular industry knowledge
Employers within particular industries have a state of knowledge about how to control workplace occupational health and safety (OHS) risks in their industry and as such, particular equipment or modifications would be part of meeting those risks. If such a state of knowledge does exist then WorkSafe would consider that an employer has a responsibility under the OHS Act to control that particular workplace risk The probability of the worker not returning to work is known as the risk or risk factor. For example: if a worker is likely to return to work, the claim is categorised as low risk., especially where a worker is being returned to work.
Example 1 - Residential aged care industry
In the residential aged care industry it is well documented that manual handling of patients is hazardous and a risk to direct care staff. It is now common knowledge and common practice throughout this industry to use patient transfer equipment such as hoists, slide sheets and transfer boards to reduce the risk of injury. WorkSafe would expect that an employer be responsible for the provision of patient transfer equipment as an OHS cost.
OR service or employer OHS cost
The OR provider report recommends that a data entry officer would benefit from an ergonomic chair with an adjustable lumbar support. An adjustable lumbar support is a standard feature on ergonomic chairs so this is clearly an employer OHS cost.
However, if using a standard ergonomic chair cannot address the particular features of a worker’s injury or the duties of the job to be performed then the cost difference between a standard ergonomic chair and a chair that can address these injury features or duties would be payable as an OR service cost.
Note: The employer remains responsible for covering the equivalent cost component of providing a standard ergonomic chair (OHS cost).
In addition to the chair, the OR provider report also recommends the worker use a forearm support to allow them to fulfil the data entry duties of their job. As the forearm support will address the particular features of the worker’s injury and not all data entry officers would require a forearm support to perform their job, this would be paid as an OR service cost.
Example 2 - Manufacturing environment
In a manufacturing environment, an employer has an OHS responsibility to provide adequate guarding and switching on machinery and plant and maintain the plant (for example, forklifts, cranes, earthmoving equipment) to eliminate any risk associated with their use. This includes the employer’s responsibility to provide adequate seating on all plant.
OR service or employer cost
An OR provider report identifies a poorly designed and non-ergonomic seat as a barrier to a forklift driver’s return to work and their solution is for the seat to be replaced. Adequate seating so the worker can safely operate the forklift is a standard plant feature so replacing the seat is clearly an employer OHS cost.
However, if the worker required a seat with a neck support to address the particular features of their injury then the cost difference between a standard ergonomic seat and a seat that can address the injury features would be payable as an OR service cost as not all forklift drivers require a seat with neck support to perform their job.
Note: The employer remains responsible for covering the equivalent cost component of a standard ergonomic seat (OHS cost).
Example 3 - Office environment
In an office environment, an employer has an OHS responsibility to provide an adjustable ergonomic chair, height adjustable desk, mouse pad, wrist pad, document holder and foot rest. WorkSafe expects that an employer would be responsible for standard office equipment as an OHS cost.
This obligation extends to any office equipment requirements to enable the worker to perform aspects of their job as suitable employment from their home.
OR service or employer OHS cost
An OR provider report identifies that a height-adjustable desk is needed to enable a worker with a back injury to alternate between sitting and standing is needed.
As this height adjustable desk needs to address the particular features of the worker’s injury then the cost difference between a standard ergonomic desk and a desk that the worker can stand at would be payable as an OR service cost as not all office workers require this type of desk to perform their job.
Note: The employer remains responsible for covering the equivalent cost component of a standard desk (OHS cost).
Plant that has been modified
If modifications have been made to plant (for example: forklifts, cranes, earthmoving equipment) to provide different seating or altered controls as a consequence of the worker’s injury, then it is important that any modification comply with the original manufacturer’s specifications. Any variation in design from the original may expose a worker to further risks.
This is a requirement of the Occupational Health and Safety Regulations 2007.