Frequently Asked Questions

Questions :

Answers

Questions

OHS - Aged Care

  1. For what tasks do I need to do a risk assessment?
  2. I have a staff member who is also working at another facility and often comes to work tired after completing th lie night shift. I am concerned that they may have an accident while at work. What should I do?
  3. We have introduced safe transfer procedures for all staff to use when transferring residents in a variety of settings. All staff have been consulted, trained and competency assessments have been completed. However, some staff do not use lifting devices when performing some transfers because it is quicker. What should I do?
  4. Our low care facility allows residents to bring their own furniture when they move in. During staff consultation, problems have been noted with making low beds and using standing hoists. How do we address this issue?
  5. New residents often bring a kettle and toaster for making snacks in their rooms. Should these items be tagged and tested for electrical safety?
  6. Our maintenance officer uses a variety of different solvents which are kept in a locked cabinet in the maintenance shed. Do these products require an MSDS?
  7. Our maintenance officer goes onto the roof to do minor repairs and to check the air conditioning unit. What procedures should he follow?
  8. We employ a lawn mowing service to do our grounds maintenance. What steps should I take to ensure that the contractor is safe?
  9. We are renovating our facility. Who is responsible for ensuring the safety of the construction site?
  10. We have a resident who is a smoker but is no longer safe to smoke by themselves. What should I to do?
    11.  

OHS - Community Care

  1. Our organisation has had a number of slip, trip and fall incidents with staff rushing between clients and wearing inappropriate footwear. Can we establish rules regarding appropriate footwear?
  2. Our field worker has been asked to serve food prepared by the family that has been left on the kitchen bench. What should they do?
  3. Should field workers wash their hands between clients?
  4. Should clients’ pets be restrained when the field worker visits?
  5. Should clients be allowed to smoke when a field worker is present?
  6. Our field worker has stated that they feel threatened when a family member with a history of violence is present in the home. What should I do?
  7. The client has been touching our field worker in an inappropriate manner. What should I do?
  8. The client wants our staff to use a toxic oven cleaning product. What should I do?
  9. The client wants our field worker to carry large amounts of shopping including heavy bulk items. What should I do?
  10. My workers are concerned about working at night. What precautions should my organisation consider?
     

Workers Compensation premium questions

  1. How are workers compensation premiums calculated and how are they paid?
  2. What if I disagree with the amount of my workers compensation premium?
  3. What do I include as wages on the Wages Declaration Form for the premium assessment?
     

Injury Management questions

  1. Why should my organisation get involved in injury management?
  2. What responsibilities do I have in relation to injury management?
  3. Does my organisation have the right to use a company doctor?
  4. What is the difference between an injury management plan and a return-to-work plan?
  5. What if the injured worker wants to fill in a claim form?
  6. How does an injured worker make a claim for permanent injury?
  7. How is lump sum compensation for permanent impairment calculated?
     

Disputes and disagreements questions

  1. Can I sack an injured worker?
    2.  

Answers

OHS - Aged Care

  1. For what tasks do I need to do a risk assessment?

Employers are encouraged to do a risk assessment on all work activities. Many activities will require a formal risk assessment to be completed and safe work procedures to be developed. These safe work procedures will then be incorporated into operational manuals.

Some risk assessments are conducted when a hazard is identified following a workplace inspection or a hazard report received from a staff member.

Staff should be trained in conducting risk assessments. Workers should be encouraged to "think safety" and take 5 minutes before they start a job to think about the potential hazards and safe ways to approach the task.

Some hazards are simply maintenance or cleaning issues. Once identified they simply need to be fixed and do not need a formal risk assessment to be completed.

You should definitely conduct risk assessments for:

  1. I have a staff member who is also working at another facility and often comes to work tired after completing the night shift. I am concerned that they may have an accident while at work. What should I do?

You have a duty of care to residents and other workers to ensure that the worker is fit to do their job. If the worker is clearly tired at the beginning of the shift, the manager should ask the worker to go home. The worker may need to use their sick leave or other leave to cover this absence. You should counsel the worker when they return to work on your expectations regarding fitness for duty.

Organisations may also develop policies and procedures which address this issue and may request that employees advise them of secondary employment.

  1. We have introduced safe transfer procedures for all staff to use when transferring residents in a variety of settings. All staff have been consulted, trained and competency assessments have been completed. However, some staff do not use lifting devices when performing some transfers because it is quicker. What should I do?

Employees have responsibilities to comply with procedures introduced for their health and safety. Managers should counsel the staff member about their behaviour and remind them of their responsibilities. The staff member should be reminded of the disciplinary procedures of the organisation. Disciplinary procedures should commence if the worker fails to comply with procedures.

  1. Our low care facility allows residents to bring their own furniture when they move in. During staff consultation, problems have been noted with making low beds and using standing hoists. How do we address this issue?

You have to balance the aim to create a home like atmosphere with the health and safety requirements of staff members. Care needs for residents will change over time. Hoist and other transfer aids may need to be used in future. 

You should develop policies and procedures regarding the amount and type of furniture allowed in residents’ room, in consultation with residents and their families.

Many organisations have decided to provide adjustable height beds to allow staff to be able to care for residents while addressing staff health and safety.

  1. New residents often bring a kettle and toaster for making snacks in their rooms. Should these items be tagged and tested for electrical safety?

All electrical items should be tagged and tested before the items can be used by the resident and every year after.

Information should be provided to the residents about the tag and test process in the resident handbook.

  1. Our maintenance officer uses a variety of different solvents which are kept in a locked cabinet in the maintenance shed. Do these products require an MSDS?

The maintenance officer needs to review the words on the label to identify whether it is hazardous. Does the label use the words hazardous, caution, poison, dangerous or provide advice about specific health effects?  If so, the product is likely to be hazardous.

All hazardous substances require a MSDS and should be included on your hazardous substances register.

  1. Our maintenance officer goes onto the roof to do minor repairs and to check the air conditioning unit. What procedures should he follow?

Working on roofs is a high risk activity. You should refer to the WorkCover NSW Safe Work on Roofs, Part 1 – Commercial and Industrial Buildings Code of Practice for specific advice regarding safe work procedures. 

Your maintenance officer should complete a risk assessment on the task identifying the hazards, assessing the risks and identifying control methods to address the hazards. 

It is recommended that the maintenance officer attend a training course covering safe work on roofs and purchase appropriate fall restraint systems. 

  1. We employ a lawn mowing service to do our grounds maintenance. What steps should I take to ensure that the contractor is safe?

You should inform the contractor about your general safety rules. This may be in the form of a contractor handbook and a briefing at the beginning of the year.

You should also request the safety procedures of the contractor to identify how they will ensure they work in a safe method whilst at your workplace. This may be in the form of a Safe Work Method Statement.

  1. We are renovating our facility. Who is responsible for ensuring the safety of the construction site?

If you have engaged a builder to manage the renovation, the builder is responsible for ensuring the safety of the site including any sub contractors they may engage. 

It is recommended that management and the builder meet on a regular basis to address any safety issues which may arise as a result of the building project.

  1. We have a resident who is a smoker but is no longer safe to smoke by themselves. What should I to do?

Staff should never assist residents to smoke. If the resident can no longer smoke safely on their own you should discuss the situation with the resident’s family and smoking must stop.

OHS - Community Care Organisations

  1. Our organisation has had a number of slip, trip and fall incidents with staff rushing between clients and wearing inappropriate footwear. Can we establish rules regarding appropriate footwear?

Yes. Discuss the slip, trip and falls risk associated with community work and the hazard of wearing inappropriate footwear with your staff. Develop procedures in consultation with your staff regarding appropriate footwear and clothing.

  1. Our field worker has been asked to serve food prepared by the family that has been left on the kitchen bench. What should they do?

If the field worker is not confident that the food has been prepared or stored in an appropriate manner, it should not be served to the client. Family members should be given advice about preparation and storage of food and your policy not to serve food where there is a concern regarding its preparation or storage. 

  1. Should field workers wash their hands between clients?

Field workers must wash their hands on a regular basis to prevent cross infection. This can be very difficult for a field worker as they often do not have access to washing facilities in their work.

It is recommended that you adopt an infection control procedure to hand washing in the field. This may include giving staff anti-bacterial wipes or hand gels which can be used between clients.

  1. Should clients’ pets be restrained when the field worker visits?

Pets can be hazardous for many reasons including biting, infection control or simply being a trip hazard when working. It is recommended that you adopt a policy of requesting that pets are restrained while the field worker is visiting.

  1. Should clients be allowed to smoke when a field worker is present?

Clients should not smoke in the presence of field workers. You should also check to see if field staff have sensitivities to smoking and may need to avoid smoking clients because of residual smoke in the environment.

  1. Our field worker has stated that they feel threatened when a family member with a history of violence is present in the home. What should I do?

You have a responsibility to ensure that the field worker is safe at all times. The coordinator may request that the family member with the history of violence is not present when the field worker visits or if this is not feasible, alternative strategies can be discussed such as always sending two workers. 

  1. The client has been touching our field worker in an inappropriate manner. What should I do?

The client needs to be made aware that inappropriate touching is not acceptable and will not be tolerated by the organisation. The worker should be instructed as to what to do when this occurs.

  1. The client wants our staff to use a toxic oven cleaning product. What should I do?

The client should be made aware that field workers are not to use toxic or hazardous products in their work. A non toxic product should be recommended or the task avoided.

  1. The client wants our field worker to carry large amounts of shopping including heavy bulk items. What should I do?

You should develop a policy as to how much shopping is reasonable to expect a field worker to carry. This policy needs to be communicated to the client. The client has an option to arrange home delivery of shopping where they are purchasing large amounts of goods.

  1. My workers are concerned about working at night. What precautions should my organisation consider?

Working at night presents extra risks as hazards may not be particularly evident at night time. You need to develop a comprehensive strategy for working at night. Consider issues such as:

Coordinators should visit clients who require a night service at night time to assist in hazard identification.

Workers Compensation premium answers

  1. How are workers compensation premiums calculated and how are they paid?

The basic premium is a percentage of your payroll. Insurance companies assign all employers with an industry classification based on the description of their trade or business which employers provide on their insurance proposal. The insurance company uses the official classification listing published by WorkCover in the Insurance Premiums Order.

At the beginning of each insurance period (known as the "term"), you must provide your insurance company with an estimate of the wages that you'll pay in the next twelve months. Your insurance company will calculate the premium on the basis of that estimate. If the base premium tariff is more than $3,000 you can pay in three instalments at the end of the first, fourth and eighth months of the policy period. If your premium is less than $3,000 you must pay the whole premium within one month of the date of issue of the assessment notice.

At the end of the insurance period, you must provide your insurance company with a declaration of the actual wages you paid during the year. The insurance company will calculate a "final" or "actual" premium based on the actual wages paid. If this is different to the estimated premium already paid, there will be an adjustment payment or refund. For more details, contact your insurance company.

Every year WorkCover publishes Outline of the NSW Workers Compensation Premium Scheme to explain how workers compensation premiums are calculated.

  1. What if I disagree with the amount of my workers compensation premium?

If there is a disagreement about the insurance company's premium calculation, you can apply to WorkCover to have the amount reviewed. This application must usually be lodged within one month of the premium being demanded by your insurance company, unless WorkCover allows an extension. Grounds for an appeal against a premium rate are:

For further information contact WorkCover on 13 10 50.

  1. What do I include as wages on the Wages Declaration Form for the premium assessment?

Employers must complete a wages declaration form so that the insurance company can calculate the workers compensation premium correctly. The insurance company supplies these forms to employers. When you complete the form you will include "wages" such as salary, overtime, shift allowances, over-award payment, bonuses, commission, payments to working directors, payments for public and annual holidays (including loadings) and payments for sick leave.

If a contractor is a “deemed worker” you will need to include payments made for their services. 

WorkCover has published The Wages Definition Manual to explain what is included in “wages” for premium calculation.

Injury Management answers

  1. Why should my organisation get involved in injury management?

Employers who work closely with their insurance company and injured worker will be able to influence the progress of a work related injury and help their worker to recover.  The earlier a work related injury is treated and managed the more chance there is that the worker will recover and lose as little work time as possible.  This means less downtime and lost productivity as well as a saving in compensation costs.

  1. What responsibilities do I have in relation to injury management?

If a worker is injured, as an employer, you must:

  1. Does my organisation have the right to use a company doctor?

Yes, the injured worker must attend a doctor if directed to do so by you or the insurer.  This is not for treatment.  It is for an assessment of the injured worker's medical condition.  The worker retains the right to choose their own treating doctor.

  1. What is the difference between an injury management plan and a return-to-work plan?

There are 2 types of plans to help the injured worker recover and return to work as soon as possible.  One is drawn up by the insurance company and is called an injury management plan and the other is written by the return-to-work coordinator (employer) and is called a return-to-work plan.

The workers compensation insurance company starts to develop the injury management plan within 3 days of being notified that a worker has had an injury.  Special health professionals employed by the insurer, called injury management advisors, communicate with the injured worker, the employer and the treating doctor to start injury management as early as possible.

The injury management plan outlines all the services which will be required to return the injured worker to the workplace, including the proposed treatment (physiotherapy, medical investigations etc) and the employer's offer of suitable duties. Once the insurance company provides a copy of the injury management plan to both the employer and the injured worker, they must follow it.

There is no prescribed format for an IM Plan.  Ask your insurance company to show you one.

The return-to-work plan is the written, formal offer of suitable duties by the employer to the injured worker.  It is designed to make clear what the worker can and cannot do when they return to work and when this will be reviewed.  The plan must be developed by all parties - the worker, supervisor, nominated treating doctor, return-to-work coordinator, worker representative (if appropriate), and accredited rehabilitation provider (if applicable).

There is a set format for a return-to-work plan - find it in the Guidelines for Employers' Return-to-Work Programs, April 2003.

  1. What if the injured worker wants to fill in a claim form?

A written claim form is not necessary for most claims.  An injured worker can notify the insurer directly of their injury and the insurer will follow up with the employer and this starts the claims process.  If the worker wishes to complete a written claim form for their own peace of mind, a form can be obtained from the insurer.

There are some times where a worker will need to make a written claim for workers compensation:

  1. How does an injured worker make a claim for permanent injury?

If a worker has a permanent injury they may wish to claim compensation for what is called a permanent impairment. The worker will need to complete and lodge a claim form with either their employer or their employer's insurance company.

There are two types of claims for permanent impairment:

Section 66 payment

Section 67 payment

  1. How is lump sum compensation for permanent impairment calculated?

WorkCover NSW Guides for the Evaluation of Permanent Impairment use the idea of "whole person impairment" and follow 3 steps:

If there is a dispute about the level of impairment then the Workers Compensation Commission may appoint an Approved Medical Specialist to assess the injured worker and issue a certificate of impairment. This certificate will be binding and conclusive on the Commission and the Courts

Disputes and disagreements answers

  1. Can I sack an injured worker?

Under the New South Wales Industrial Relations Act 1999, no injured worker can be terminated wholly or partly because of injury for 6 months after injury. If terminated, the worker can be re-instated within 2 years if they become fit for their pre-injury duties.