WHS-PRO-006 Health Management: Workplace Adjustments Procedure

Intent

This Procedure has been established to support James Cook University (JCU; the University) to fulfil the commitments of the Health Management Policy to provide an inclusive, supportive and equitable working environment through the provision of workplace adjustments for personal injury and/or health condition. This Procedure describes the process by which Staff Members may request and obtain workplace adjustments, and how workplace adjustments are implemented and monitored.

Scope

This Procedure applies to Staff Members covered under the JCU Enterprise Agreement with a personal injury and/or health condition that work in Australia, with exceptions as outlined below.

This Procedure does not apply to Staff Members who have an approved and open workers’ compensation claim. Refer to WHS-PRO-007 Health Management: Workers’ Compensation Procedure for processes relating to supporting provision of support for compensable injuries.

This Procedure does not apply to students, including Higher Degree by Research candidates, affiliates, contractors or visitors. This Procedure does not apply to the Singapore or Brisbane campuses, or to JCU Controlled Entities.

Definitions

Except where otherwise indicated in this Procedure, the definitions used here are found in the Health Management Policy or the Policy Glossary.

Introduction

Workplace adjustments are changes made to the work environment or conditions that enables a Staff Member to safely fulfil the inherent requirements of their role. Workplace adjustments may be temporary or permanent and are based on medical evidence. Workplace adjustments for Health Management must be considered on a case-by-case basis.

Examples of workplace adjustments in the workplace include, but are not limited to:

• the provision of ergonomic or specialist equipment;
• changes to job design or work practices;
• the provision of workplace rehabilitation;
• improvements to accessibility within the workplace.

Procedure

1. Roles and Responsibilities

1.1 All Staff Members will:

• be respectful of any workplace adjustments which may be implemented.

1.2 Staff Members requiring workplace adjustments will:

• provide timely initial notification and maintain ongoing open communication with their Supervisor and Injury Prevention and Management Advisor (IPaMA) regarding their personal injury and/or health condition and potential workplace adjustments;
• provide medical information and documentation regarding the impacts of their personal injury and/or health condition, relevant to the workplace or inherent requirements of their role;
• submit leave for hours/days not worked in time for pay cut off;
• participate in workplace assessments undertaken by Work Health and Safety (WHS);
• participate in medical and/or allied health assessments required by JCU to inform workplace adjustments;
• complete any training for specialist equipment and assist with the implementation of workplace adjustments where appropriate;
• adhere to and utilise safely and appropriately, the workplace adjustments;
• advise their Supervisor and IPaMA of any changes in their personal injury/and or health condition status and/or if workplace adjustments are no longer suitable, required or not working effectively; and
• access support provided as required to fulfil inherent requirements of their role.

1.3 Supervisors (including Head of Work Unit where appropriate) will:

• facilitate confidential discussions with staff who disclose medical conditions regarding their needs and workplace adjustments;
• consider all requests for workplace adjustment and consult the IPaMA and Head of Work Unit as appropriate;
• work with the Staff Member and IPaMA to develop workplace adjustments that are fair and equitable to all staff, and do not impose risk to others;
• ensure agreed workplace adjustments are recorded in writing using the Workplace Adjustment Request form, part B or C;
• implement workplace adjustments as soon as is practicable;
• ensure the Staff Member has submitted leave for any hours/days not worked, in time for pay cut off;
• ensure the Staff Member receives appropriate training for use of any specialised equipment or program;
• provide ongoing assistance and support;
• maintain Staff Members’ confidentiality;
• maintain open communication with the Staff Member regarding the effectiveness and suitability of the workplace adjustment/s; and
• monitor effectiveness of workplace adjustments and review workplace adjustments during Professional Development Plan discussions.

1.4 Injury Prevention and Management Advisor (IPaMA) will:

• consult with the Supervisors, Head of Work Unit (if applicable) and Staff Member regarding requests for workplace adjustments;
• manage medical and personal information provided by Staff Members confidentially and in accordance with the Information Privacy Policy;
• Liaise with treating practitioners where necessary;
• gather information to assist in the assessment of requests for workplace adjustments;
• provide further information and recommendations regarding workplace adjustments;
• undertake risk assessments where necessary; and
• escalate matters to relevant Senior Management or the Head of Work Unit where appropriate.

2. Requesting a Workplace Adjustment

Requests for workplace adjustments may be made in any of the following ways:

2.1 A Staff Member discusses their request with their Supervisor, completes the WHS-PRO-FORM-006f Workplace Adjustment Request Part A and submits this to their Supervisor.

• Note: Requests for Workplace Flexibility or to Vary Work Hours do not require the use of the Workplace Adjustment Request form, and must instead be submitted to Human Resources via ServiceNow. Other aspects of this Procedure may still be applicable to those processes.

2.2 Supervisors or the IPaMA may identify the potential need for a workplace adjustment and liaise with the Staff Member to establish whether a workplace adjustment may be required. If required, the Staff Member is to complete the WHS-PRO-FORM-006f Workplace Adjustment Request Part A and submits this to their supervisor.

2.3 The IPaMA may initiate workplace adjustments for Staff Members that are referred to this Procedure from the WHS-PRO-007 Health Management: Workers’ Compensation Procedure or through the completion of a workstation or worksite assessment. The IPaMA may complete the WHS-PRO-FORM-006f Workplace Adjustment Request Part A on behalf of the Staff Member.

3. Evidencing the Need for a Workplace Adjustment

3.1 If requested, the Staff Member must provide medical evidence to support their request for a workplace adjustment. Failure to do so will limit JCU’s ability to determine whether workplace adjustments should be provided.

3.2 Further to 3.1, JCU may require additional medical information and/or workplace assessments be undertaken to assess the extent to which the Staff Member can perform the inherent requirements of their role and the workplace adjustments which may be required.

• This process will be coordinated by the IPaMA and may require input from external agencies and/or qualified specialists.
• JCU may seek additional medical information via a Work Capabilities Form or a customised questionnaire to be completed by the Staff Member’s treating practitioner.
• Where direct communication between the IPaMA and a treating practitioner is required, a WHS-PRO-FORM-006c Medical Authorisation Form must be completed.
• In some cases, JCU may seek advice from an Independent Medical Examination (IME), as per the Managing Ill Health and Injury clause in the JCU Enterprise Agreement.

3.3 Risk assessments may be undertaken at any time during the health management process to identify hazards, assess risk, and to identify and implement controls and/or workplace adjustments. Risk management will take place in line with the WHS-PRO-002 WHS Risk Management Procedure.

4. Determination of Reasonable Workplace Adjustments

4.1 The Supervisor may choose to seek advice and/or an assessment from the IPaMA as to whether the requested workplace adjustment is reasonable. The Supervisor and/or IPaMA may also consult with the Head of Work Unit if required. If deemed reasonable, the Supervisor is authorised to approve and implement the workplace adjustment. Approval is to be recorded on WHS-PRO-FORM-006f Workplace Adjustment Request Part B.

4.2 For workplace adjustment requests that may not be reasonable, require workplace rehabilitation, are long-term or permanent, and/or have a high financial burden or significant impacts such as structural changes to a building, the Supervisor or Head of Work Unit must refer the matter to the IPaMA.

4.3 The IPaMA will lead the processes regarding implementation of complex workplace adjustments which may require approval from other JCU staff or work units including Senior or Executive Management, Estate, Human Resources, or Technology Solutions.

4.4 The following should be considered when determining whether a workplace adjustment is reasonable:

• the inherent requirements of the role;
• the predicted effectiveness of the requested adjustment in helping the Staff Member perform the inherent requirements of their job role;
• the organisational benefits of implementing the adjustment, including staff retention;
• the practicability of the adjustment;
• financial or other costs of the adjustment (including consideration of external funding support);
• the extent of any disruption or health and safety risks caused by the adjustment, including impacts on other staff members; and
• other supports available, such as leave.

4.5 Workplace adjustment request outcomes must be recorded on the Workplace Adjustment Request form, part B or C. Temporary workplace adjustments that align with workplace rehabilitation programs will be recorded on the Staff Member’s suitable duties plan.

4.6 The timeframe for determination of workplace adjustment requests is dependent on when the evidence required undersection 3 is obtained, followed by consultation with all relevant stakeholders.

4.7 Staff may be required to take leave while workplace adjustments are being determined (refer to the Leave Procedure), or, where possible, may be supported to undertake alternate work duties as an interim measure (refer to section 6 Workplace Rehabilitation).

5. Implementation and Monitoring of Workplace Adjustments

5.1 Implementation of workplace adjustments is coordinated by the Supervisor and/or Head of Work Unit with assistance as required from the IPaMA.

5.2 The Staff Member, Supervisor and/or Head of Work Unit should communicate openly regarding the effectiveness of workplace adjustment.

5.3 The Staff Member, Supervisor and/or Head of Work Unit may request a review of the workplace adjustment at any time, if they believe it is no longer suitable, required or effective.

5.4 If the Staff Member changes their role within the University, re-evaluation of the workplace adjustment may be required depending on the inherent requirements of the new role. The Staff Member is to liaise with their new Supervisor as per clause 2.

6. Workplace Rehabilitation

6.1 Workplace rehabilitation for a personal injury and/or health condition is a type of workplace adjustment provided at the discretion of JCU with consideration given to the following:

• The Staff Member’s workplace adjustment requirements and the potential benefits of workplace rehabilitation;
• The inherent requirements of the Staff Member’s role;
• Whether the aggravation of a personal injury and/or health condition can be prevented in the workplace;
• Potential disruption or increased risk to the work unit, other staff members, students, or teaching responsibilities; and
• The ability of the work unit to adhere to the medical advice and provide meaningful work duties for the Staff Member.

6.2 The IPaMA is responsible for coordinating workplace rehabilitation between the Staff Member, their Supervisor, Head of Work Unit (if applicable), treating practitioner and external rehabilitation provider (if applicable). The IPaMA, at the request of the injured Staff Member may involve others in the health management process such as their union representative, or Health and Safety representative.

6.3 Temporary adjustments to work hours or duties and other recommendations of workplace rehabilitation must be documented in WHS-PRO-FORM-006d Suitable Duties Plan (SDP). The SDP is developed by the IPaMA in consultation with the Staff Member,  Supervisor, and/or Head of Work Unit (if applicable) in line with medical advice. More information on SDPs can be found in the Suitable Duties Plan Guideline.

6.4 The suitability of other working arrangements and activities may need to be reviewed and altered whilst a Staff Member participates in workplace rehabilitation, such as:

• In most cases working overtime is not permitted whilst recovering from an injury and/or health condition. Medical approval must be provided if overtime is to form part of workplace rehabilitation.
• Travel and participation in field trips may not be appropriate. Participation in these activities will require medical clearance and completion of a risk assessment.
• Staff Members may be required to alter or cease any existing workplace flexibility arrangements.

6.5 Workplace rehabilitation will not proceed, or may be discontinued, under the following circumstances, noting this list is not exhaustive:

• The Staff Member fails to participate in workplace rehabilitation as required, for example refusing to communicate, refusing to provide adequate medical information, not adhering to medical advice or reasonable workplace directives, not adhering to SDPs;
• The requirements of this Procedure and accompanying documents are not met;
• There is a risk of aggravation of the Staff Member’s injury and/or health condition that cannot be mitigated to an acceptable level as part of the the risk assessment;
• Workplace rehabilitation creates a safety risk to other staff which cannot be reasonably or practicably controlled;
• JCU is not able to accommodate the medical restrictions with meaningful work;
• There is no significant progress made by the Staff Member toward returning to pre-injury duties;
• The workplace rehabilitation causes a significant detrimental impact on the University’s operations.

6.6 Where there is a discontinuation of workplace rehabilitation under clause 6.5 the Staff Member must submit an application for leave (personal/carers leave, annual leave or leave without pay) via My HR Online until they are able to resume normal work duties or comply with this Procedure.

6.7 In addition to reasons outlined in section 6.5, workplace rehabilitation will cease if/when:

• No further assistance is required; or
• The personal injury and/or health condition is resolved; and
• A medical clearance for the Staff Member to return to full duties is received.

6.8 Alternatively, should a Staff Member provide medical information which requires a long-term reduction in working hours (i.e. longer than three months) and/or medical advice which advises against a return to full hours in the foreseeable future, it is recommended the Staff Member liaise with Human Resources regarding options available to them, such as reducing their employment fraction. This would negate the need for a suitable duties plan and will cease workplace rehabilitation.

7. Wages and Leave

7.1 If the Staff Member is unable to work due to a personal injury and/or health condition, they are responsible for ensuring that leave is applied for via My HR Online in accordance with the JCU Enterprise Agreement and relevant policies and procedures.

7.2 If the Staff member is seeking workplace rehabilitation, they must continue to submit leave applications until a Suitable Duties Plan is developed, at which point they may return to work in accordance with the plan.

7.3 If the Staff Member is undergoing workplace rehabilitation and has a Suitable Duties Plan which specified they may work reduced hours, JCU will pay wages to the Staff Member for the hours worked. The Staff Member is responsible for submitting leave for the remaining hours prior to the processing deadline for each pay period.

8. Medical Clearance following Absence from Work Due to Personal Injury and/or Health Condition

8.1 JCU may require a Staff Member to provide medical clearance to return to work following an absence due to personal injury and/or health condition. In determining whether a medical clearance is required, the IPaMA will consider the duration of the Staff Member’s absence, the inherent requirements of the role, the nature of the injury and/or health condition, and the potential for that personal injury and/or health condition to be aggravated at work.

• Medical clearance must be provided by the Staff Members’ treating practitioner
• Medical clearance may be for full or partial duties
• If medically cleared for partial duties, then other aspects of this Procedure will apply.

9. Expenses & Funding

9.1 The Staff Member is responsible for expenses relating to the treatment of their personal injury and/or health condition and obtaining necessary documentation to support their request for workplace adjustments.

9.2 The cost of minor workplace adjustments, such as ergonomic equipment, is to be met by the Work Unit.

9.3 In some circumstances, external sources of funding for workplace adjustments will be more appropriate and is to be explored by the Staff Member, such as NDIS funding.

9.4 If the cost of the workplace adjustment cannot be met by the Work Unit, the Staff Member and IPaMA may explore external sources of funding for workplace modifications and/or specialist equipment. A list of government support schemes is maintained by WHS on their webpage. Use of external funding is to be discussed between the Staff Member, IPaMA, and relevant Senior Management.

9.5 Workplace adjustments requiring significant expenditure, such as structural changes to buildings must be proposed by the IPaMA to the Director, Estate and/or Senior/Executive Management, with consideration also given to external funding sources.

10. Confidentiality and Record Keeping

10.1 Personal information obtained for the purpose of workplace adjustments or workplace rehabilitation will be treated with sensitivity and confidentiality by all stakeholders and in accordance with the Information Privacy Policy and Right to Information Policy.

• Personal medical information is held by the IPaMA and stored on the University’s records within a confidential folder on the content manager system as required by law.
• Information regarding the impact of an injury and/or health condition on the Staff Member’s ability to undertake their role and the workplace adjustments required must be communicated with the relevant Supervisor and Head of Work Unit.
• A record of the workplace adjustment request and outcome will be provided to the Staff Member, and will be held by the Supervisor and/or Head of Work Unit, and when involved, the IPaMA.

10.2 A Staff Members’ injury and/or health condition may indirectly impact upon work colleagues through absenteeism, reduced productivity, visible signs of injury, or through the visibility of workplace adjustments. Staff Members are not required to disclose personal medical information however may choose to disclose aspects of their workplace adjustments or workplace rehabilitation including; details of their SDP, altered work arrangements, limitations or absences that affect team members and/or service provision. If choosing to disclose information to colleagues, Staff Members are encouraged to speak with their Supervisor and IPaMA about how best to do this.

11. Limitations to providing Workplace Adjustments

11.1 The obligation to provide workplace adjustments does not require JCU to modify the nature or inherent requirements of a particular role (except temporarily, where appropriate, as part of workplace rehabilitation).

11.2 Workplace adjustments must not impose unjustifiable hardship on JCU.

11.3 Workplace adjustments must not create a health and safety risk that cannot be reasonably or practicably controlled.

11.4 Other policies and procedures may be applicable and must be followed in addition to this Procedure including but not limited to

• Animals on JCU Premises Policy
• Work Health and Safety Policy
• Remote Working Policy and Procedure, and
• Processes established to support flexible working arrangements

11.5 Failure to utilise the workplace adjustment in a safe and appropriate manner may result in the withdrawal of the workplace adjustment.

11.6 Failure to participate in workplace rehabilitation as per section 6.5 will limit JCU’s ability to accommodate workplace adjustments.

11.7 Both temporary and permanent workplace adjustments are subject to periodic review to ensure ongoing suitability and health and safety.

12. Denied Requests for Workplace Adjustments

12.1 Requests for workplace adjustments may be declined or ceased as per section 6.5 and section 11 of this procedure.

12.2 The decision to decline a request for workplace adjustment must be undertaken in consultation with the IPaMA and the Head of Work Unit, and alternative workplace adjustments must be explored.

12.3 Reasons that a workplace adjustment is denied must be discussed with the Staff Member in the first instance, then communicated in writing to the Staff Member using the WHS-PRO-FORM-006f Workplace Adjustment Request, Part C.

12.4 If alternate workplace adjustments options cannot be agreed upon and the Staff Member is unable to safely perform the inherent requirements of their role the Managing Ill Health and Injury clause of the JCU Enterprise Agreement may apply.

13. Complaints

13.1 Staff Members are encouraged to raise any concerns regarding workplace adjustments with their Supervisor or the IPaMA in the first instance.

13.2 If the Staff Member remains dissatisfied with the outcome of 12.1, they may choose to escalate the matter to the Head of Work Unit and/or the WHS Manager.

Related policy instruments

Health Management Policy

WHS-PRO-007 Health Management: Workers’ Compensation Procedure

WHS-PRO-FORM-006a Work Capabilities Form 6A

WHS-PRO-FORM-006b Work Capabilities Form 6B

WHS-PRO-FORM-006c JCU Medical Authorisation Form

WHS-PRO-FORM-006d Suitable Duties Plan

WHS-PRO-GUI-006e Suitable Duties Plan Guideline

WHS-PRO-FORM-006f Workplace Adjustment Request

WHS Government Funding Supports available

Animals on JCU Premises Policy

Diversity and Inclusion Policy

Leave Procedure

Flexible Work Arrangements

Information Privacy Policy

Right to Information Policy

JCU Enterprise Agreement

Fair Work Act 2009 (Cth)

Anti-Discrimination Act 1991 (Qld)

Disability Discrimination Act 1992 (Cth)

Human Rights Act 2019 (Qld)

Schedules/Appendices

Nil

Administration

NOTE:  Printed copies of this procedure are uncontrolled, and currency can only be assured at the time of printing.

Approval Details

Revision History