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Employer Obligations

By law, you must have an injury management system that describes the steps to be followed if a workplace injury occurs. It must be in writing and available to any employee on request. Please see the template to your right for an example of an injury management system.  

Legally, employers must have an injury management policy. See the Injury Management Policy Template via the forms link to the right of your screen.

A return to work program is not required if a worker is certified as totally fit to return to their pre-injury job.

A return to work program is required when:

  • the treating medical practioner has advised in writing that a return to work should be established; or
  • on a signed medical certificate, it states the worker has partial capacity to return to work in either their pre-injury job or alternative work, or the worker has total capacity to return to work, but for some reason the worker is not able to return to the position held by the worker immediately before the injury occurred.  

You must take reasonable steps to ensure the injured worker agrees with the program. If the treating medical practitioner modifies the worker’s restrictions, then you must amend the return to work program in writing. 

Copies of the retun to work program (or amended return to work program) must be given to the injured worker and the treating medical practitioner.  

Employers must take reasonable steps to ensure that the actions listed in a return to work program are done in a timely manner.

Reportable accidents
 

It is a requirement of the Occupational Safety and Health Act 1984 that an employer whose employee suffers a reportable injury must notify WorkSafe WA by telephoning 9327 8800.

Notifiable accidents include accidents that result in:

  • the death of an employee;
  • a fracture of any bone in the arm (other than the wrist or hand);
  • a fracture of any bone  in the leg (other than in the ankle or foot);
  • amputations including and greater than a finger or toe joint;
  • the loss of sight of an eye; and
  • any other injury that a medical practitioner believes is likely to prevent the employee being able to work for 10 consecutive days.  

Any injury that prevents a worker from performing his or her ordinary duties at a site designated as a mining operation must be reported to the Resources Safety Division of the Department of Consumer and Employment Protection.  The Resources Safety Division  can be contacted by telephoning 9222 3438.  (Mining Safety and Inspection Act 1994)

 

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