Are your Return To Work Guidelines compliant?

In May 2017, the NSW State Insurance Regulatory Authority (SIRA) developed Guidelines for workplace return to work programs in line with legislation to support, inform and guide employers in developing a return to work program. These guidelines also detail SIRA’s legislative requirements and expectations regarding employer return to work programs under the following NSW laws:

• Workers Compensation Act 1987 (1987 Act)
• Workplace Injury Management and Workers Compensation Act 1998 (1998 Act)
• Workers Compensation Regulation 2016 (2016 Regulation)

SIRA issues these guidelines under section 52 of the 1998 Act and they operate by force of law as delegated legislation.

When the guidelines were first introduced and made effective on 31 May 2017, they were clear in outlining that all Employers were required to update their return to work programs to ensure compliance at the next scheduled review. This review was scheduled for two years from the date of effect.  

SIRA has now announced that all NSW employers must have an up-to-date Return To Work (RTW) program in place by 31 May 2019.

In order to help you achieve ongoing compliance in this space, we would encourage you to review the current RTW program in place for your business.

Marsh’s specialist team can assist in updating your current RTW program to help you achieve legislative compliance by 31 May 2019. If this is of interest, please contact your Marsh representative for a proposal that aligns with the following deliverables:

1.       A return to work program that is aligned with icare’s injury management program

2.       A RTW program that is deemed compliant by Safe Work NSW and SIRA

3.       A document that is bespoke to your business, and in line with best practice workplace rehabilitation

The information contained in this publication provides only a general overview of the subject, is not intended to be taken as advice regarding any individual situation and should not be relied upon as such. The information is based on sources we believe reliable, but we make no representation or warranty as to its accuracy. Except as may be set out in an agreement between you and Marsh, Marsh shall have no obligation to update this publication and shall have no liability to you or any other party arising out of this publication or any matter contained herein. Any statements concerning legal matters are based solely on our experience as insurance brokers and risk consultants and are not to be relied upon as legal advice, for which you should consult your own professional advisers.  You should consult your insurance, risk and/or legal advisors regarding any specific issues as appropriate.  LCPA No. 18/0080.