[box type=”info”]The information in this section is compiled as at June 2013 and is subject to change. If you have any doubt about the currency of the information in this section please contact RiskNet®.[/box]
Please read this section carefully – it could save you time and money!!!
To meet the major obligations for WHS and workers compensation a person conducting a business or undertaking (PCBU) (regardless of their size) must as far as is reasonably practicable ensure the health and safety of all workers and any other persons at their place of work. This means that you must provide:
- safe premises
- safe machinery and substances
- safe systems of work
- provision of information, instruction, training and supervision
- suitable working environment and facilities.
Penalties for non compliance can be very severe and include fines up to $3,000,000 for corporations, up to $600,000 for individuals and possible jail terms of up to 5 years.
- You must have a summary of the workers compensation legislation about giving notice of an injury and making a claim on display in your workplace. You can get a copy of the notice from RiskNet® or your insurance company. If the notice becomes damaged it must be replaced as soon as possible. The notice must also contain the details of your workers compensation insurer. Penalty for non compliance is a fine up to $2,200.00 – click here to download a copy.
- You must have a workers compensation insurance policy covering all employees. You must also keep a copy of the policy (in good order) for seven years after expiry. Penalty for non compliance a fine up to $55,000 or imprisonment for six months, or both.
- You must keep a record of wages paid for at least the previous five years. Penalty for non compliance is a fine up to $500 or prosecution with a penalty of up to $55,000.
- You must provide your insurer with a wage estimate or declaration. Penalty for non compliance is a fine up to $2,200.
- You must not dismiss an injured worker within six months of the injury because of the injury. This is a provision of the NSW Workers Compensation legislation.
- You must have started developing a return-to-work program with the commencement of business operations and to have the program in place within 12 months of becoming an employer. Penalty for non compliance is a fine up to $550 if your basic tariff premium is less than $50,000 and a fine up to $2,200 if your basic tariff premium is more than $50,000.
- You must develop, implement and review the return-to-work program in consultation with workers and relevant unions.
- You must select and nominate rehabilitation providers in consultation with workers and relevant unions.
- You must produce the program in printed form and display a summary of the program prominently in the worksite. Penalty for non compliance is a fine up to $220 if your basic tariff premium is less than $50,000 and a fine up to $1,100 if your basic tariff premium is more than $50,000.
- You must pay for the initial cost of developing the return-to-work program
- You must appoint and train a return-to-work coordinator if your basic tariff premium is more than $50,000.
- You must notify your insurer within 48 hours when a worker has an injury. Penalty for non compliance is a fine up to $2,200, and if the insurer is not notified within 5 days, up to the first weeks wages must be paid as a claims’ excess.
- You must have a Register of Injuries book in which workers should write work-related injury details. Penalty for non compliance is a fine up to $5,500. Click here to download a copy of the Form.
- You must send an injured worker’s claim form to the insurer within seven days of receipt of the claim.
- You must make suitable employment available to injured workers who are certified fit for suitable employment unless it is unreasonable to do so.
- You must notify the insurer if unable to provide suitable employment when requested by a partially incapacitated worker.
- You must participate and cooperate in the establishment of an injury management plan for an injured worker.
- You must provide workers with adequate information about workers compensation and return-to-work procedures, including the selection of a rehabilitation provider and how to change providers, if required.
- You must refer a worker to a rehabilitation provider if the worker faces barriers in returning to work.
- You must cooperate with the insurer in providing retraining to an injured worker who is unable to return to their pre-injury job.
- You must comply with obligations imposed on the employer in the injury management plan written by the insurer.