5.9.1 New Employer Services (NES)

5.9.1.1 NES Vocational Assessment (RC800) | 5.9.1.2 Job Seeking Service (JSS) | 5.9.1.3 Ongoing Job Seeking Service - Support | 5.9.1.4 Capacity Support Service (CSS) | 5.9.1.5 NextStep (RC826)

Agent considerations when referring for NES:

  • NES services are required to be delivered face to face for the vocational assessment and a number of follow on NES services. The face to face service requirement should be discussed with workers prior to NES referral to ensure engagement and that expectations are understood

  • Ensure the NES provider is geographically appropriate for the worker to attend face to face appointments

  • Workers do not need a certified capacity to be referred for a NES Vocational Assessment

  • Job detached workers with a theoretical work capacity who are certified unfit should be considered for an IME Independent Medical Examiner / Independent Medical Examination to enable access to CSS (if no IME has been conducted in previous 6 months)

On receipt of a referral for NES, the OR Occupational Rehabilitation provider should arrange to meet face to face with the worker within 10 days of referral.

Where a worker fails to attend the scheduled appointment, the OR provider should inform the Agent immediately of the non-attendance and provide a copy of all written correspondence to reschedule the appointment.

The New Employer Services available, dependent on the worker’s current work capacity Under the legislation, unless inconsistent with the context or subject-matter — current work capacity, in relation to a worker, means a present inability arising from an injury such that the worker is not able to return to his or her pre-injury employment but is able to return to work in suitable employment, declared training program are:

Process

When the Agent approves New Employer Services it will:

  • add the Novus Occupational Rehabilitation process. Complete the requirements of Worker Choice of OR provider using the supporting Novus tasks and eform/s. See: Worker choice of OR provider

  • once the OR provider has been selected, send standard letter ORP6 Commencement Letter 'New Employer Services - Worker' to the worker, their THP Treating Health Practitioner and injury employer

  • email a completed OR Approval form to the OR provider chosen by the worker, highlighting the specific service and including a copy of relevant medical information related to the worker’s CWC Current Work Capacity, including any work restrictions.

5.9.1.1 NES Vocational Assessment (RC800)

A Vocational Assessment is the gateway for accessing all NES services.

The Vocational Assessment identifies vocational options for re-employment that takes into account a worker’s vocational background, transferable skills, and work capacity. Suitable employment options should prioritise jobs that use the worker’s existing skills and experience.

The service and report must include:

  • A minimum one hour meeting with the worker to obtain relevant background, at the provider’s office

  • Meaningful engagement regarding vocational options and preferences

  • A follow-up, face to face meeting to engage the worker regarding the assessment recommendations and NES options

  • A review of the medical evidence related to the worker’s current work capacity and functional capacity including work restrictions

  • Evidence for the availability of employment relating to identified vocational options

  • Labour market analysis

  • Retraining options, where required

  • Assessment for recognition of prior learning (RPL), where relevant

  • Rationale for recommendations that considers actual or perceived RTW Return to Work barriers and enablers.

Treating practitioner comment on capacity and vocational options

Contact must be attempted at least twice, with the certifying practitioner by telephone and if unsuccessful, via email. The date of contacts (successful and attempted) to be recorded in the report.

Preference for THP endorsement of suitable employment options is by phone or email as this is time efficient and will not delay report submission. THP Case Conference/s are part of the follow on NES services, so should be used for Vocational Assessment by only by rare exception.

Agents must review the Vocational Assessment report for quality and to ensure all parts are complete and that requirements for in person servicing have been met. Agent approval is required in writing prior to OR providers proceeding with recommendations for subsequent NES services.

Vocational Assessment Update (RC805)

The Agent may approve a Vocational Assessment Update where it has been more than 6 months since the Vocational Assessment, Vocational Planning Report or the latest NES service was completed or the worker’s circumstances have significantly changed. It is an update or review of the information outlined in the previous Vocational Assessment or Vocational Planning Report to:

  • Confirm that the prioritised suitable employment identified in the Vocational Assessment Report remains relevant

  • Assess current work capacity for NES services (including THP comment on suitable employment options)

  • Identify whether NES services are applicable at this time

  • Consider whether NES should be recommenced after it was ceased or the worker’s return to work was not sustained for 13 weeks.

Agents must review the Vocational Assessment Update report for quality and to ensure all parts are complete and that requirements for in person servicing have been met. Agent approval is required in writing prior to OR providers proceeding with recommendations for subsequent NES services.

5.9.1.2 Job Seeking Service (JSS)

The purpose of this service is to provide job seeking assistance, job brokerage, and job seeking skills and training to an injured worker who has:

  • A certified current work capacity, or

  • Completed CSS and remains certified unfit for all work however has a CWC based on IME opinion

If there is no certified capacity, CSS should be completed prior to commencing JSS.

JSS is an initial 4 week service to engage on prioritised job options, set workers up with resume, cover letter and other job seeking foundations. This is followed by 8 week service blocks to provide job seeking assistance to those workers who are ready to commence new employment and to provide workers with the skills and competencies necessary for independent job seeking. Minimum expectations of the service include:

  • OR provider performing brokerage activities on worker’s behalf

  • OR provider assisting worker to become independent job seeker

  • OR provider accountability in job seeking process

  • worker accountability in job seeking process.

After approving JSS the:

  • Agent will receive a JSS Job Seeker Plan report by the end of week 4 (and the invoice for RC822)

  • Agent will receive a JSS Job Seeker Review (RC823) plan within 10 days of completion of the initial JSS service

  • OR provider will invoice RC823 at the commencement of every 8 week period of JSS.

Return to work achieved

If a return to work is achieved during JSS, the OR provider will submit a RC889 Placement Report and a RC810 Workplace Report (if required) with an invoice. The Agent will:

  • review the reports to determine if they are complete and pay for the reports

  • create and complete Novus Optional Template task ‘NES Placement Report’ and NES Workplace Assessment Report’.

  • send letter NES6 ‘NES RTW Achieved’ to the worker and their THP within one working day

  • pay incentive when sustainability period met and invoice for incentive received.

No return to work achieved

If a return to work is not achieved during JSS, ongoing servicing can continue through the eight weekly Job Seeking Reviews.

Agents must review the NES report for quality and to ensure all parts are complete and that requirements for in person servicing have been met.

5.9.1.3 Ongoing Job Seeking Service - Support

At the end of JSS, it is expected that the worker will have the skills and competencies to continue job seeking independently. To continue to assist the worker, ongoing job seeking assistance at eight weekly intervals can be provided. Minimum expectations include:

  • at least one face to face meeting per 8 week period

  • OR provider continuing to support worker’s job seeking efforts via active ongoing job brokerage

  • review of workers CWC, job seeking efforts and RTW barriers.

For ongoing JSS Support:

  • Agent will receive Job Seeking report within 10 working days of completion of each eight week period

  • OR provider will invoice RC823 at the commencement of each eight week period/with the JSS Support report for the next eight week service period.

Return to work achieved

If a return to work is achieved during a JSS Support period, the OR provider will submit a RC889 Placement Report and a RC810 Workplace Report (if required) with an invoice. The Agent will:

  • review the reports to determine if they are complete and pay for the reports

  • create and complete Novus Optional Template task ‘NES Placement Report’ and NES Workplace Assessment Report’

  • send letter NES6 ‘NES RTW Achieved’ to the worker and their THP within one working day

  • pay incentive when sustainability period met and invoice for incentive received.

If no return to work achieved

Once the worker has received approximately 52 weeks of OR servicing in total (including CSS and JSS periods):

Agents must review NES reports for quality and to ensure all parts are complete and that requirements for in person servicing have been met.

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5.9.1.4 Capacity Support Service (CSS)

CSS may be approved for workers:

  • if they have a capacity for employment based on IME opinion (no more than 6 months old) but are certified with no capacity.

  • If workers are certified fit for less than 8 hours of work per week

CSS is a six week service with the purpose of engaging treaters to support the worker in being able to return to work.

A six week service developed by the OR Provider that:

  • Liaises with the THP, utilising 1-2 THP Case Conferences as necessary using the THPCC item codes, to establish a certified capacity in preparation for potential job seeking

  • An initial one hour in-person meeting with the worker in person

  • A follow-up, one hour in-person meeting with the worker

  • Engages, supports and prepares a injured worker for potential job seeking

  • Transitions into JSS automatically if a certified capacity is obtained.

THP RTW Case Conferences may be used with the service and do not require Agent approval. A THP Case Conference action plan is not required where the outcomes can be documented in the CSS report

Note: CSS is not appropriate and should not proceed when surgery is imminent or a surgical opinion is being sought.

Approving JSS without CSS

CSS must be completed before JSS where a worker is certified with no capacity for employment. JSS can only be referred to without completing CSS where:

  • the worker has an certified capacity for employment, or

  • the worker has an IME capacity and the GP has confirmed that the worker is likely to have a capacity for employment in the near future.

After approving CSS

  • the OR provider can invoice RC824 for the commencement of the service

  • the OR provider can forward RC277 (max of two hours) to arrange, attend and complete an action plan for a GP RTW Case Conference

  • the Agent must ensure that a CSS report is received no later than 10 days from completion of the six week CSS period

  • the OR provider can also invoice commencement of Job Seeking Service (JSS) RC811 when criteria for automatically commencing JSS are met

Agents must review the CSS report for quality and to ensure all parts are complete and that requirements for in person servicing have been met.

Outcomes of CSS

Where worker has not returned to work and has certified capacity for employment:

  • The OR provider can commence JSS automatically without prior Agent approval.

Where the worker has not returned to work and does not have a certified capacity for employment:

  • By the end of week five of CSS, if the worker remains unfit but an IME has indicated CWC or potential CWC, the OR provider must discuss commencement of JSS with the Agent and GP to ensure JSS is appropriate.

Where return to work has been achieved:

  • If a return to work is achieved during CSS, the OR provider will submit a RC889 Placement Report and a RC810 Workplace Report (if required) with an invoice. The Agent will:

    • review the reports to determine if the reports are complete and pay for the reports

    • create and complete Novus Task ‘NES Placement Report’ and ‘NES Workplace Assessment Report’

    • send letter NES6 ‘NES RTW Achieved’ to the worker and their THP within one working day

    • pay incentive when sustainability period met and invoice for incentive received. Incentives payable for sustained capacity changes as well as RTW.

Note: Where the certifying practitioner towards the end of CSS indicates a change in capacity will be reflected in the next certificate, however this certificate is not received until after JSS commences, the sustainability period will be backdated to commence from the commencement of JSS. This will avoid confusion as to when the incentive will be payable.

If a worker obtains a CWC during CSS and secures a job during CSS the capacity change incentive can be sent at the same time as the placement report acknowledging that the full 12 weeks of JSS is unlikely to be completed.

What WorkSafe will pay for

  • RTW incentive payments where the Agent is satisfied the conditions for payment has been met.

  • An RC891 incentive is payable to the OR Provider who negotiates RTW with the pre injury employer after NES commencement, where no prior OES Original Employer Services has been delivered by the same provider

  • An RC750 incentive is payable to the OR Provider who negotiates RTW with the pre injury employer after NES commencement, where the provider previously delivered an OES service

Note: Agents may request an injured worker provides evidence of new employment such as payslips to assist in determining which RTW incentive is payable, however an injured worker is not required to comply unless they are also seeking weekly payments while employed. For privacy reasons, an OR Provider must not request this employment evidence from an injured worker.

Suspending NES

NES must be suspended:

  • As soon as the injured worker is expected to be unfit for a period of 4 weeks or more; or

  • While an injured worker is participating in approved retraining unless the injured worker can concurrently market themselves to prospective employers while completing the course

Ceasing NES

NES must cease:

  • As soon as the injured worker is expected to be unfit for a period of 13 weeks or more

Recommencing NES

  • NES may recommence where RTW with a new employer was not sustained for 13 weeks or ceased thereafter with resumption of entitlement to weekly payments

  • Previously completed NES services should not be repeated on recommencement of NES

    • In most cases JSS – Support (8 weekly reviews) will be most appropriate (RC813) for recommencing NES

  • Agents may exercise discretion for approval of NES recommencement at the point it had concluded when employment commenced

  • Agents may exercise discretion to consider whether JSS or CSS should be recommenced based on CWC

5.9.1.5 NextStep (RC826)

NextStep engages workers in a vocational coaching model to build confidence and job seeking skills. Workers are engaged to consider the Vocational Assessment recommendations and learn job seeking skills for a future point in time when they become ready for active job seeking.

The structure of the NextStep service includes:

  • 5 sessions with the worker over 6-8 weeks (45 minute sessions)

  • The initial two sessions must be in person

  • THP contact regarding intervention outcomes.

The service includes:

  • Extending Vocational Assessment recommendations

  • Addressing biopsychosocial barriers and enablers

  • Psycho-education and reflection on worker readiness for change

  • Support and guidance for worker-led career exploration (between and/or within sessions)

  • Consideration for retraining or volunteering, where relevant and appropriate as a next step.

Worker outcomes from NextStep coaching include:

  • Improvement in worker readiness and confidence for job seeking

  • An action plan or roadmap for workers to consider when they become ready for job seeking in the future

  • Practical skills and competency for independent job seeking, and if not yet competent information on how and where to access this help via their Agent or community based organisations

  • Worker understanding of the additional NES services they might be eligible to consider.

The NextStep report is submitted within 5 working days of the last session and provides:

  • Summary of the intervention

  • A vocational action plan for the worker.

THP Case Conference may be used as appropriate during NextStep.

Note: NextStep is not a voluntary participation occupational rehabilitation service for workers. It is intended that workers attend and engage to the extent reasonable.

Agents must review the NextStep report for quality and to ensure all parts are complete and that requirements for in person servicing have been met. Agent approval is required in writing prior to OR providers proceeding with recommendations for subsequent NES services.

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