Injury Lifecycle Series: Supporting a safe and sustainable return to work

Once return-to-work planning begins, the focus shifts to helping the worker safely remain at work or return to work in a way that reflects their current capacity. This does not necessarily mean immediately resuming all pre-injury duties and hours. Depending on the worker’s capacity and the circumstances of the workplace, it may involve temporary changes to duties, hours, work location, equipment, supervision or other workplace arrangements. 

Step 1: Understand the worker’s current capacity 

Return-to-work arrangements should be based on reliable information about what the worker can safely do. A Certificate of Capacity provides important information about the worker’s capacity for work.  

Employers should understand: 

• The tasks and hours the worker can safely perform 
• Relevant functional restrictions or activities to avoid 
• Any workplace modifications or supports required 
• When the worker’s capacity should be reviewed. 

Step 2: Identify suitable duties 

Suitable duties should be meaningful, productive and consistent with the worker’s certified capacity. Under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) an employer must provide suitable employment to a worker who has a current capacity for work during the employment obligation period, to the extent that it is reasonable to do so. Employers should begin by examining the worker’s pre-injury role and identifying which duties can be performed safely. They can then consider whether particular duties should be modified, temporarily removed or gradually reintroduced. 

Suitable employment may involve: 

• Performing selected or modified parts of the worker’s pre-injury role 
• Working reduced or adjusted hours 
• Performing alternative duties or working from another location, where appropriate 
• Using modified equipment or workplace arrangements 
• Gradually increasing duties and hours as capacity improves. 

The employer should identify meaningful work that is available, safe and appropriate to the worker’s capacity and workplace circumstances. 

Step 3: Appoint a return-to-work coordinator  

Employers must ensure they have an appropriate return-to-work coordinator where required under Victorian workers’ compensation legislation. 

Whether a Return To Work Coordinator (“RTWC”) must be appointed at all times depends on the employer’s total rateable remuneration across all Victorian workplaces. Employers with a rateable remuneration of $3,059,120 or more, must have a RTWC appointed at all times. Employers below the threshold must appoint a RTWC for the duration of their return-to-work obligations to a worker who has an incapacity for work. As the threshold is indexed annually, employers should confirm the current amount Work Safe each financial year.  

The RTWC should have sufficient seniority and competence to assist the employer to meet its return-to-work obligations including authority to speak on behalf of the employer and make or facilitate return-to-work decisions.

The RTWC’s role may include: 

• Supporting the worker and coordinating their return to work 
• Consulting with relevant workplace and health representatives 
• Monitoring progress and coordinating changes to arrangements 
• Helping resolve issues that may affect a safe return to work. 

However, appointing a coordinator does not transfer the employer’s legal obligations to that individual.  

Step 4: Consult with the worker 

Return-to-work planning should be undertaken in consultation with the worker, giving them an opportunity to raise concerns and contribute to arrangements. The objective is to develop arrangements that are safe, reasonable and workable, having regard to the worker’s certified capacity and workplace circumstances. 

Step 5: Document the return-to-work arrangements 

Once suitable arrangements have been identified, they should be documented clearly and provided to the worker.

The written arrangements should ordinarily identify: 

• Duties, days and hours 
• Relevant restrictions, modifications and supports 
• Supervision and responsibilities 
• Commencement and review dates 
• What happens if the worker’s capacity or circumstances change. 

The worker should review the arrangements before implementation. 

Access to the return-to-work arrangement should be limited to people who need the information to implement, support or supervise it. Managers may need to understand the worker’s duties, hours, restrictions and required adjustments. Medical information must remain confidential, with workplace communication limited to the operational arrangements and functional information reasonably required to support the worker. 

Step 6: Prepare the workplace 

Before the worker returns, employers should consider whether any preparation is required.

This may include: 

• Confirming that equipment or modifications are in place 
• Ensuring the worker will not be allocated unsuitable tasks 
• Adjusting rosters, workloads or reporting arrangements 
• Considering how operational impacts will be managed. 

Employers must continue to identify and control health and safety risks associated with the worker’s duties and return-to-work arrangements. 

Step 7: Monitor and review the arrangement 

A return-to-work arrangement should not be treated as a document that is prepared once and then filed away. A worker’s capacity may improve, remain unchanged or temporarily decline.  

Employers should schedule regular reviews and consider: 

• Whether duties and hours remain appropriate to the worker’s capacity 
• Whether adjustments are effective or need to change 
• Whether duties or hours can safely increase 
• Whether the arrangement is creating any new risks. 

Reviews should be constructive and focused on what is working, what is not working and what may need to change. Employers should avoid placing pressure on the worker to increase their hours or duties beyond their certified capacity.  

Step 8: Respond to barriers early 

Return-to-work arrangements do not always proceed according to plan.

Difficulties may arise because of: 

• Changes in the worker’s capacity 
• Disagreement regarding safety, suitable duties, adjustments or arrangements 
• Communication and workplace relationship issues 
• Difficulty travelling to and from work 
• Medication effects or treatment requirements 
• Delays in obtaining updated medical information. 

Employers should speak with the worker to understand the concern, clarify expectations and consider whether the arrangements need to be adjusted. 

Step 9: Support a sustainable return 

Returning a worker to the workplace is only part of the process. The objective should be a return that can be maintained safely over time. 

Recovery is not always linear. A temporary change or setback does not necessarily mean that the return-to-work process has failed. It may indicate that the arrangement needs to be reviewed and adjusted. 

Practical, collaborative and regularly reviewed arrangements can support recovery while helping employers manage their operational and legal obligations. 

How the Victorian Chamber can help 

If you’re unsure how to manage workplace injuries in your workplace, Victorian Chamber members can access support through our Workplace Relations Advice Line. Where matters are more complex or require hands-on assistance, enquiries can be escalated for tailored advice and support. Contact the Advice Line on 03 8662 5222.