The Victorian WorkCover Authority (VWA) is training a team of WorkSafe Inspectors to inspect workplaces for breaches of employer obligations under the Accident Compensation Act 1985.

The Inspectors will be WorkSafe Inspectors, appointed under the Occupational Health and Safety Act 2004 and upon entry into workplaces they will still be able to issue Improvement Notices or Prohibition Notices for health and safety breaches.

WorkSafe Inspectors do not have powers of enforcement over the Accident Compensation Act. The team of Inspectors will not issue notices. However the Inspectors will specify deadlines by which the breaches will be expected to be remedied and if not addressed the Inspectors will refer the matters to the Compliance Branch of the VWA.

Upon entry into workplaces the team of Inspectors will look for the following:

• “Register of Injuries” Book – Inspectors will look to see that the Register of Injuries is kept in a place that is easily accessible to employees and in a correct format.

The Inspectors will also speak to employees to inquire as to whether they know where the book is kept.

Register of Injuries books are available through WorkCover Agents or the VACC Stationery Department.

• “If you are Injured” Poster – An “If you are Injured” poster is sent annually by WorkCover Agents to all employers that pay a WorkCover premium.

The poster provides: 
- basic instructions for injured workers on the reporting of injuries;
- informs workers of their right to make a WorkCover claim for compensation and the entitlements that are payable under WorkCover; and;
- the contact details of the employers “WorkCover Agent”

The poster is required to de displayed in a prominent position within the workplace (e.g. the staff lunchroom).

It is recommended that older posters be removed from the workplace and replaced with the newer versions when they are sent out each year.

“If you are injured” posters can be obtained from WorkCover Agents.
 
Failure to display the poster in the workplace can result in a fine of up to $2,096.

• Rehabilitation & Risk Management Programs

A risk management program is a written outline of the steps you will take after your worker is injured to reduce the risk of a similar injury occurring again. It details the manner in which your business identifies the cause of injuries in your workplace and what you will do to prevent injuries from occurring again.

If you have a payroll of $1 million or more, you must have a risk management program in place at all times. If your payroll is less than $1 million, you must implement a program when a worker is injured and off work for 20 calendar days or more.

An occupational rehabilitation program is a written program which must be developed in consultation with your workers and must be made available to all workers. It outlines the way injuries will be managed at your workplace and the assistance that will be available to help injured workers stay at or return to work.

If you have a payroll of $1 million or more, you must maintain an occupational rehabilitation program at all times. If your payroll is less than $1 million, you must establish and then maintain your occupational rehabilitation program when there is an injury at your workplace and your worker has an incapacity for work. You must establish your program within three months.

Failure to have a Rehabilitation Program and Risk Management Program can result in fines of up to $12,577.20.

• Return to Work Coordinators

If your annual remuneration is less than $1 million, at the outset of each WorkCover claim an employer is required to appoint a return to work coordinator and tell everyone involved who that person is.

Employers with annual remuneration greater than $1 million are required to have a Return to Work Coordinator appointed at all times.

The Return to Work Coordinator could be the Employer, the injured worker’s supervisor or someone else in your company.

The Coordinator is responsible for dealing with the injured worker in a supportive and effective way, maintaining a good relationship with them and managing the return to work process.

It is recommended that Return to Work Coordinators be permitted to attend a two day VWA approved Return to Work Coordinators training course.

It is anticipated that employers with annual remuneration of greater than $1 million with some WorkCover claims history are likely to be the first targeted.  The Inspection campaign is due to commence in late November 2006 and will run for six months.

For further information about obligations under the Accident Compensation Act contact your WorkCover Agent or the VACC OHS Unit on 9829 1138.