Offer Of Suitable Employment

What is an offer of suitable employment?
An offer of suitable employment is the written outline of the suitable duties that have been identified to assist an injured worker to return to work.  This should be included in detail, within the return to work plan. 

Suitable employment is work that suits the nature of the worker’s injury and their current work capacity. It is work the injured worker can do without the risk of further injury. The aim is to support the injured worker so they can remain at or return to work while they recover from their injury and return to their normal work when possible.

It is good practice to prepare an Offer of Suitable Employment regardless of a worker’s capacity in preparation for their future return.  This allows their treating health professional to have input and sets RTW expectations early in the process.

Offering suitable employment
Offering suitable duties within an offer of suitable employment can be the most important step to successfully returning an injured worker to work.

The following table describes the steps you should take to find suitable duties.

Step

Action

Description

1

List current duties

  • Understand the demands of the worker’s normal job and determine which parts/duties the worker can perform.
  • List the duties of the current role and then observe the physical, environmental and mental demands of the duties.
  • Look at other jobs within the organisation to determine alternative duties.

2

Medical restrictions

  • Determine restrictions of the worker’s capacity for work from discussions with the treating health professional and from the certificate of capacity.
  • Review the job tasks against the medical advice to make sure that the demands of the job tasks do not exceed the worker’s current capacity.

3

Hours and duties

  • Confirm the maximum number of hours the worker can work and which parts of their job they can perform, after discussions with the worker and their treating health professional, and consideration of the availability of suitable duties.
  • Ensure that the worker knows that return to work occurs in stages, with hours and duties being reviewed periodically in relation to injury and recovery.

4

Workplace  assessment

  • Consider a workplace assessment by an occupational rehabilitation provider to analyse the required skills, equipment, physical and mental demands, intensity and duration.
  • The worker must be provided with a choice of three occupational rehabilitation providers.  If the employer does not provide details of occupational rehabilitation providers, the authorised agent may.
  • While an employer may consider occupational rehabilitation services, they cannot offer them until they get approval from their authorised agent. 

5

Workplace support

  • The offer should also outline other assistance that the employer will provide for the worker so that they can do their job safely. Provide enough detail so that it is clear to the worker and the treating health professional exactly what is required of the worker.
  • When assessing suitable employment options, determine the need for training and supervision, particularly if the duties are different from the worker’s pre-injury duties or hours.

6

Impact on workplace

  • Be careful not to overlook the needs of your workplace. Wherever possible you should have the worker return to the same workplace and shift so they can rejoin their colleagues.
  • There may be occasions where it is necessary to offer duties and hours at a different workplace or a different shift so that the required level of assistance and supervision can be provided.

7

Obtain medical clearance

  • If unsure of any aspect of the duties and hours, contact the worker’s treating health professional for clarification.
  • If appropriate, invite the treating health professional to your workplace to review the proposed duties and hours.

8

Record and agree

  • An offer of suitable employment is documented as part of the return to work plan. The offer should list the duties and hours identified to accommodate the worker’s current work capacity within the limitations prescribed by the treating health professional.
  • Duties should be described in plain English, avoiding jargon. Be sure to gain the support of the worker and their treating health professional for the offer of suitable employment.

Further Information
Suitable Employment for Injured Workers - A Step by Step Guide to Identifying Suitable Duties Offer of suitable employment (Word)
Return to Work Guide For Victorian Employers

 

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