• Sarah Becker
    4
    Hey there fellow H&S experts
    I have been tasked with seeing if there is an industry guide or time definition for long-term LTI injuries i.e. after 2 weeks or 1 month off work. We are wanting to develop more thorough processes about how we manage long-term work and non-work related injuries, what would a fair and reasonable employer do and when do we need to increase medical overview and look at medical incapacitation.
    Hope someone can help guide us here????
  • KeithH
    61
    ,
    What you are tasked with has various definitions where-ever you look. The "
    more thorough processes about how we manage long-term work and non-work related injuriesSarah Becker
    " may be covered in the ACC Accredited Employers Programme (AEP) - Accredited Employers Programme Audit guidelines. Elements 10 to 17 give a framework "covering injury management, including claims administration and rehabilitation" and may be applicable for the processes you wish to implement.
    If you are part of the AEP, ACC will require audits.

    Should you not be in the AEP you may wish to discuss any proposed processes with your workers and with lawyers having relevant experience. In either situation, you may find HSWA fades away and the Employment Relations Act, the Privacy Act and case law become prominent.

    Just my ramblings
  • Denise
    21
    Hi Sarah
    I can suggest you check this page on the ACC website as it falls under the scope of your Return to Work initiatives. An ACC recovery team will assist you throughout this process for longer term injuries.
    https://www.acc.co.nz/for-business/working-with-us-to-manage-employee-injuries/supporting-your-employee-back-to-work/
  • Sarah Becker
    4
    Thanks Denise, I found this yesterday and its a great resource I will review and see how it will help us
  • Sarah Becker
    4
    Thanks Keith, not in ACC EAP, but will read this to help get some guidance on what if practical. It think we need to make a company cut-off for when we force more action from ACC versus waiting for their recovery team to kick in as this isn't always timely.
  • KeithH
    61
    @Sarah Becker
    Google "medical incapacity nz". There are some NZ case law decisions that may be of interest.
  • Shona Cowman
    4
    Hi Sarah,
    I agree with Keith, it may come to a point where the employment relations act takes over depending on the time frame of that person being away from work and how your business can cope or manage this. I took advice from EMA in previous roles to understand what is deemed a fair and reasonable timeframe. Definitely pays to do your research.
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