5.2 Employer RTW obligations
5.2.1 Provide employment | 5.2.2 Plan return to work | 5.2.3 Consult about RTW | 5.2.4 RTW coordinators to be appointed | 5.2.5 Make RTW information available | 5.2.6 Employer to notify Agent of RTW of a worker | 5.2.7 Cooperate with labour hire employers | 5.2.8 Exceptions to RTW obligations
Employers have significant obligations for a worker's return to work.
Resolve RTW issues
If an issue about a worker’s return to work arises, the employer and worker must attempt to resolve the issue.
Resolve issue in line with the agreed RTW issue resolution procedure at the workplace. If there is no agreed procedure the employer and worker must attempt to resolve the issue in line with the RTW issue resolution procedure set out in the Ministerial Direction.
See: Steps to resolving return to work issues | Ministerial Direction - RTW Direction Issue Resolution Process | Compliance Code 3 of 4: Return to Work Information
Guide for employers
Further details about these obligations are provided in WorkSafe publication ‘What to do if your worker is injured – A guide for employers’.
Compliance Codes provide guidance on how to comply with a legislative requirement. A Compliance Code may suggest how to comply with a specific provision.
If an employer adheres to a RTW Compliance Code, they are considered to have complied with the obligation in the Act covered by the Code. Although it is not mandatory for employers to comply with Compliance Codes, those who do comply will be deemed to have met their obligations under the Act to the extent that the Code deals with that obligation.
For detailed information about how employers can comply with their RTW obligations refer to the following compliance codes:
- Compliance Code 1 of 4: Providing employment, planning and consulting about return to work
- Compliance Code 2 of 4: Return to Work Coordinators
- Compliance Code 3 of 4: Return to Work Information
- Compliance Code 4 of 4: Cooperating with labour hire employers about return to work.
It is essential that Agents become familiar with these publications to guide and support employers in their RTW obligations.
See: Return to Work
Agent involvement in RTW
Agents need to:
- remind employers of their obligations
- assist the employer and worker to achieve a full and effective RTW outcome
- monitor progress.
Agents need to ensure that all avenues for return to work are explored. Agents directly plan for return to work if the:
- worker has no employer
- worker is a direct payee
- claim has exceeded the second entitlement period
- employer has satisfied their legal requirements and cannot provide suitable employment
- employer does not fulfil their obligation to plan a worker’s return to work.