Page 4224 - Week 13 - Thursday, 19 November 2015
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Although we have made a good start, we cannot rest on our laurels. The getting home safely report put front and centre the importance of eradicating “sham contracting” in the territory. For those who are unaware of the practice, in workers compensation, sham contracting involves employers improperly classifying their workers as contractors in order to avoid paying workers compensation insurance or incorrectly classifying their employees in order to pay a reduced insurance premium.
The getting home safely report also concluded that, in practice, employers seeking to enter into sham contracting arrangements are likely to be looking to avoid other responsibilities, including those associated with work health and safety. One of the most effective means of policing the practice of sham contracting is through workers compensation compliance checks undertaken by WorkSafe ACT inspectors. These reforms will be integral for enabling WorkSafe to tackle sham contracting.
The bill also requires certain employers to appoint return-to-work coordinators. Most employers are doing the right thing. However, even with the best efforts and intentions, large businesses and businesses performing high-risk work are still likely to have workers injured on the job from time to time. There is a large and growing body of evidence that proves that good work is good for health and, conversely, that prolonged work absence can have negative health, social and economic consequences for workers and their families.
It is important that our workers compensation scheme offers early, effective services to assist injured or ill workers to recover while they are at work or to return to work as soon as possible following the injury. A return-to-work coordinator is an employee nominated by an employer, or a contractor engaged for the role, whose principal purpose is to assist injured workers to remain at or return to work in a safe and durable manner. Return-to-work coordinators will be able to assist employees and employers to engage with injured workers, workers compensation insurers and medical and rehabilitation providers; provide injured workers with information on the return-to-work process; and identify suitable duties, arrange workplace modifications and undertake other activities to help injured workers.
The bill will make it a requirement that self-insurers and employers that pay in excess of $200,000 in premiums each year appoint a trained return-to-work coordinator. Some self-insurers and national employers will already have suitably qualified or experienced return-to-work coordinators who may be appointed as their ACT representative. For other employers, return-to-work coordinator training courses will be available. The minimum requirement for a return-to-work coordinator is the two-day introduction to return-to-work coordinator course, or equivalent, which aims to develop basic skills in the management of workplace injuries. The course has no prerequisites and is focused on the knowledge and skills required in the technical application of the return-to-work process.
The cost of appointing or training a return-to-work coordinator will be potentially offset by the reduced workers compensation costs and improved workforce productivity arising from improved return-to-work outcomes. WorkSafe ACT will oversee the training and exemptions of training for return-to-work coordinators and will maintain a register of return-to-work coordinators in the territory.
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