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Return to Work Programs

Return to Work Programs. Bureau of Workers’ Comp PA Training for Health & Safety (PATHS). Pennsylvania Workers’ Compensation Act 57. PPT-064-01. 1. Return to Work Program.

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Return to Work Programs

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  1. Return to Work Programs Bureau of Workers’ Comp PA Training for Health & Safety (PATHS) Pennsylvania Workers’ Compensation Act 57 PPT-064-01 1

  2. Return to Work Program • Defined: A program designed to restore injured workers to their former lifestyle in the safest and most effective manner possible; a planned and coordinated program among workers, union reps, employers and health care providers Return To Work PPT-064-01 2

  3. Return to Work Program • GOALS: • Return an employee to full time work • Reduce costs due to lost time • - Adopt “best practices” • One program found that “RTW programs save about 30 to 40 percent of workers’ compensation indemnity payments.” PPT-064-01 3

  4. An RTW program must considerapplicable laws such as: • Pennsylvania Workers’ Compensation Act, as amended • Americans with Disabilities Act (ADA) 1990 • Americans with Disabilities Act Amendments Act of 2008 • Family and Medical Leave Act of 1993, with 2009 updates RTW Programs PPT-064-01 4

  5. PA Workers’ Compensation Act (WC Act), Section 306(b)(2), provides in part: “If the employer has a specific job vacancy the employee is capable of performing, the employer shall offer such job to the employee…” PA Workers’ Comp PPT-064-01 5

  6. Americans with Disabilities Act (ADA) 1990 • Requires employers provide “reasonable accommodation” to qualified persons • ADA 1990 Defines “Employer” as: • All private and public employers • With 15 or more employees • In each working day • In each of 20 or more calendar weeks • In the current or preceding year ADA of 1990 PPT-064-01 6

  7. ADA Defines a “Disability” as: • A physical or mental impairment that affects the performance of a major life activity, to include work • - A history of such impairment • - Perceived as having such an impairment • Does NOT include temporary condition or impairment Disability: ADA Defined PPT-064-01 7

  8. ADA Amendments Act of 2008 (ADAAA) • - Retains the intent of ADA but changes • interpretations: • - Directed EEOC to revise regulations defining • “substantially limits” • Expand “major life activities” • - Mitigating measures other than “ordinary eyeglasses or contact lenses” shall not be considered in assessing if a person has a disability ADA Amendments Act PPT-064-01 8

  9. Episodic impairments or those in remission • are disability if they substantially limit a major • life activity when active • - Providing a person subjected to an action • prohibited by ADA (e.g., failure to hire) due to • an actual or perceived impairment will meet • the “regarded as” definition of disability unless • impairment is transitory ADAAA PPT-064-01 9

  10. Those under “regarded as” are not entitled to reasonable accommodation • Definition of “disability” should be interpreted broadly. • Employers are required to follow the intent of ADA • SHRM, Society for Human Resource Management (www.shrm.org) ADAAA PPT-064-01 10

  11. - ADA training: supervisors & managers • - Flexible accommodation process, consistent, • reasonable • Review/modify policies and job descriptions • Ensure essential job functions • Procedures re: accommodation • and treatment ADAAA Compliance Steps PPT-064-01 11

  12. Act addresses: • - Needs of work force • - Development of “high performance organizations” • GOALS: • - Recognize workplace demands • and family needs • Preserve family integrity • - Economic security and family • stability Family & Medical Leave Act 1993 PPT-064-01 12

  13. To restore injured worker to former lifestyle • Partnership between: • - Workers • - Union • - Employers • - Health care providers Why Return To Work Programs? PPT-064-01 13

  14. Reducing financial burdens to • - Employers • - Workers • - Workers’ families • Reducing negative effects due to time off work • Unions protect rights of their members • Specialized plans by health care provider • Support primary care provider in RTW decision Full Potential Realized By: PPT-064-01 14

  15. Supported by top management • Management recognizes plan’s value: • Tangible (cost containment) • Intangible (employee • dedication) Effective RTW Plan PPT-064-01 15

  16. To Workforce: - Replacement workers - Increased benefit costs - Loss of potential income To Employer: - Production recovery - Quality/hiring of replacement workers - Lower morale Costs of Absence PPT-064-01 16

  17. To Employer • Increased training costs • Overtime • Non-productive work time • (accidents) • Increased premiums • Other non-recoverable costs Costs of Absence PPT-064-01 17

  18. Employer • Injured worker • Co-workers • Union • Health care professional • Family • Support networks: • - Consultants • - Community • - Friends Benefits of RTW PPT-064-01 18

  19. Creating a Safe Environment - Safety inspection - Housekeeping rules - Hazard inspection Safe Environment PPT-064-01 19

  20. General Safety Rules Address: • Behaviors • Environment • Hazards • Equipment • PPE • Reporting of accidents, incidents, conditions General Safety Rules PPT-064-01 20

  21. Determine direct cause • Prevent similar future occurrences • Document facts • Provide cost data • Reinforce joint labor- management safety commitment • Determine corrective actions Accident Investigation PPT-064-01 21

  22. General Steps: • Be prepared • Survey the scene • Respond to emergency • Secure the area • Gather evidence: photos, • interviews • Analyze information-write report • Recommend changes/implement corrective action • Follow-up Accident Investigation PPT-064-01 22

  23. Developing a RTW Program Step 1: RTW Committee (or Disability Management Team) Step 2: Policy Statement Step 3: Develop Provider Panel Step 4: Job Task Analysis Step 5: Alternate Work Assignments Step 6: Provider Form Step 7: Communicate Policy to Workforce Step 8: Educate Workforce Step 9: Stakeholder Responsibilities RTW Program: (9 Steps) PPT-064-01 23

  24. Or Disability Management Team (DMT) • Establish workplace policy • Guide/monitor program administration • Case management • Direct injured worker’s recovery • to full time employment • Evaluate job positions to • improve loss prevention and safety • Union shop = Rep on committee • Confidentiality of employee • information (HR rep only) Step 1: RTW Committee PPT-064-01 24

  25. Step 1: RTW Committee “Transition-to-Work” (TTW) is a joint effort with DMT Those for whom plan is designed should have input 1. Supervisor meets with injured party after injury and maintains contact with party or family until ready to return Step 1: RTW Committee PPT-064-01 25

  26. Transition to Work 2. Ready to return: injured works with management to create a plan toward full time work 3. Time returned increases until party is full time again Step 1: RTW Committee PPT-064-01 26

  27. Management and workforce reps • Develop strategy to • communicate support and commitment • Union requirements viewed if applicable Step 1: PPT-064-01 27

  28. Provides information about union requirements of modified duties • Monitors and assists in creating temporary accommodation positions • Acts on behalf of the worker • in matters of seniority • and job assignments • Acts as liaison to workforce • by keeping co-workers • informed on committee progress Step 1: Employee Rep PPT-064-01 28

  29. Direct case activities • Allocate resources to • modify tasks or work sites • Coordinates final arrangements for alternative work • Monitors injured worker’s • progress Step 1: HR or Safety Staff PPT-064-01 29

  30. Provider or occupational • health nurse • Volunteer from company • WC panel • Direct medical rep would • be good asset • - Form format • - Questions • - Follow-up advice Step 1: Health Care Rep PPT-064-01 30

  31. Philosophy based on: • Workforce involvement of management, supervisors, workers • Establish joint employee/management committee • Treat injured/ill with dignity, consideration and respect • Commit to support injured worker’s medical treatment • Focus on person’s capabilities-not disabilities • Commit to return worker to original job • Mandatory participation by labor and management Step 2: RTW Policy Statement PPT-064-01 31

  32. Provide written notice to injured workers of their rights • (WC Act Section 306(f.1)(1)(i) & 34 Pa. Code Section • 127.755) • Employee free to choose any provider on list • Emergency treatment not required from list • After emergency, employee shall seek treatment • from list • No list? Employee can chose treatment from any • provider Step 3: Develop Provider Panel PPT-064-01 32

  33. Step 3: Designated Health Care Provider List • Must contain at least six providers • Three of the six must be • physicians • No more than four may be • coordinated care organizations • Each provider, on list, must include: • - Name • - Address • - Telephone number • - Area of medical specialty Step 3: PPT-064-01 33

  34. Step 3: Designated Health Care Provider List • Listed providers must be: • Geographically accessible • Specialties appropriate for • anticipated work-related • medical problems of • employees Step 3: Health Care Provider List PPT-064-01 34

  35. Assess workstation and job design functions: • Loss prevention • Identification of alternate work • assignments • Eliminate hazards • Identify risky jobs and redesign • Avoid accidents before they • occur Step 4: Job Task Analysis PPT-064-01 35

  36. Step 4: Identifying Alternate Work Assignments • Managers and workers review existing job descriptions • Perform Job Task Analysis (JTA)using task analysis checklist • Checklist: • Identify root cause of unsafe conditions • Prioritize and address worst problems • Make hazard prevention a priority • Provide information to health care provider treating injured • Determine job modifications Step 4: PPT-064-01 36

  37. Activities involved • Physical functions required/ • how frequently • Duration • Typical daily schedule • Equipment and tools • required/how used/ • postures involved • Skills required • Weights lifted/how often Step 4: Questions During JTA PPT-064-01 37

  38. Allow workers closest to activities to participate • Conduct force/exertion • tests for job • JTA drafted, have employee • sign off before injury occurs • Keep JTA up to date, review • often Step 4: Questions PPT-064-01 38

  39. Step 5: Alternate Work Assignments • Designed to accommodate limitations; restrictionstemporary or permanent • Modify injured worker’s original job • Reduce hours or combine other tasks Step 5 • Ask: • What tasks could worker perform? • What tasks now need to be done more frequently? • What tasks could be assigned to others? • Ensure prevention of re-injury • During recovery, emphasize capabilities PPT-064-01 39

  40. Step 6: Provider Form • So injured can inform treating • provider of RTW program • Identify information required • for needs • Consult medical reps on RTW • committee Step 6: Provider Form PPT-064-01 40

  41. To workforce in writing • Statement: signed/dated by • employee and filed in personnel file • If union, first confer with union • before posting new policy • Post in visible area of workplace Step 7: Communicate Policy PPT-064-01 41

  42. Ensure all are aware of RTW principles & practices • Educate supervisors and workers of returning injured worker’s needs • Inform all employees of RTW benefits: • Employee orientation to explain RTW program • Provide continuing education • Display mission statement/policy • Include information in employee newsletter • Sensitivity training to aid co-workers understand • Support/education to injured worker’s family • RTW team: educate injured workers on new tasks or modified jobs Step 8: Educate Workforce PPT-064-01 42

  43. Step 9: Inform Stakeholder of Responsibilities • After injury, develop and manage • individual RTW plan • Responsibilities for: • - Employer • - Health care providers • - Injured worker • - Union or worker rep Step 9 PPT-064-01 43

  44. Step 9: Employer • Responsibilities • Provide worker and family • support • Maintain fact-finding not • fault finding during investigation • Review report and address job • related issues • Develop RTW plan • Communicate return-to-work • opportunities Step 9 PPT-064-01 44

  45. Step 9: Employer Responsibilities • Provide health care provider with accurate task • list to assess worker’s suitability for a position • Maintain communication with HCP and worker • about progress of individual • Detailed job descriptions and make temporary • and permanent accommodations • Monitor injured worker’s progress during • treatment and upon return Step 9 PPT-064-01 45

  46. Step 9: Health Care Provider • Team approach • Treat all effects of injury; • and possible psychological • impact • Initially, identify appropriate treatment; make realistic • prognosis when worker will • be able to RTW Step 9 PPT-064-01 46

  47. Step 9: Health Care Provider • Focus on worker’s recovery; advise worker and employer when a RTW is medically appropriate Step 9 PPT-064-01 47

  48. Step 9: Health Care Provider • Contribute medical knowledge to RTW plan • Identify other inhibiting factors to worker’s return • Communicate any potential workplace risks effecting return to work; follow-up with prompt intervention • Tailor each treatment plan to be medically appropriate Step 9 PPT-064-01 48

  49. Step 9: Injured Worker • Obtain medical treatment • Influence design of the • individual plan • Follow treatment plan • Keep regular contact • with employer to inform • of progress and needs Step 9 PPT-064-01 49

  50. Step 9: Union or Worker Rep • Work with employer and • worker to develop • appropriate work plan • Represent injured worker: • - Job security • - Appropriate treatment • - Re-employment assignments Step 9 PPT-064-01 50

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