[REMINDER] State Insurance Regulatory Authority (SIRA) updated NSW Return to Work (RTW) guidelines back in May 2017. NSW businesses were granted a 2 year period to become compliant & must ensure NSW RTW compliance before 31 May 2019.
NSW Return to Work Compliance – After 31 May 2019, all NSW RTW programs must comply with the 2017 guidelines. In the interim, your RTW Program must continue to comply with the September 2010 version of the RTW guidelines.
Business obligations – All employers in NSW must have a RTW program within 12 months of starting a business.
Your RTW program must:
- be developed in consultation with your workers & any industrial union representing them
- be consistent with your insurer’s injury management plan
- comply with SIRA Guidelines for workplace RTW programs
- be accessible & communicated to your workforce
The NSW workers compensation system, separates businesses (employers) into two categories; Category 1 & Category 2. It is important to understand that each category has different obligations under the law.
Category 1 Employers –A category 1 employer is an employer:
- with a Basic Tariff Premium (BTP) also referred to as Average Performance Premium (APP) >$50,000 a year or
- who is self-insured or
- insured by a specialised insurer and has over 20 employees
Category 1 RTW Programs require 4 main activities:
- Appoint a RTW coordinator
- Develop a RTW program
- Consult workers & unions
- Implement the RTW program
Category 2 Employers – is any employer who is not a category 1 employer as described above.
Category 1 RTW Programs require three main activities:
- Appoint a person responsible for Recovery at Work
- Develop a RTW program
- Implement the RTW program
Please note: all NSW RTW Programs must comply with the 2017 SIRA guidelines by 31 May 2019 and if you need assistance, please contact us to discuss