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.

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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.

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.

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