52   Workplace rehabilitation

(cf 1987 s 152)

(1)  An employer must establish a return-to-work program with respect to policies and procedures for the rehabilitation (and, if necessary, vocational re-education) of any injured workers of the employer. An employer’s return-to-work program must not be inconsistent with the injury management program of the employer’s insurer and is of no effect to the extent of any such inconsistency.

(2)  A return-to-work program is to be established in accordance with the regulations and must, subject to the regulations:

(a)  comply with any guidelines determined by the Authority, and

(b)  be developed by the employer in consultation with the workers concerned and any industrial union of employees representing those workers, and

(c)  be in writing and be displayed or notified at places of work.

(3)  The Authority may, in determining guidelines for the purposes of this section, consult with such persons and bodies as the Authority considers to be appropriate.

(4)  The regulations:

(a)  may require a return-to-work program to be approved by the Authority or other person or body, and

(b)  may exempt specified classes of employers from this section, and

(c)  may provide for the approval of providers of rehabilitation services for the purposes of return-to-work programs and may require employers to use the services of approved providers in connection with the program, and

(d)  may create offences with respect to any failure to comply with this section or with a return-to-work program, and

(e)  may make other provisions that are necessary or convenient for the purposes of giving effect to this section.

(5)  A group of 2 or more employers may establish a single return-to-work program under this section for each member of the group if the employers are authorised to do so by the regulations.