New work safety code supports return to work after illness or accident

In 2006, the Workplace Safety Initiative Group, which comprises several employer organisations and the Irish Congress of Trade Unions, launched a new safety code for Irish workplaces. The new Workplace Safety Code is supported by several state bodies, including the Department of Enterprise, Trade and Employment, the Irish employment agency FÁS, the Health and Safety Authority and the Personal Injuries Assessment Board. The purpose of this code is threefold: namely, to prevent accidents at the workplace; to intervene immediately when accidents occur; and to provide any necessary follow-up treatment and support to those affected by occupational accidents or diseases. The latter measure aims to allow the affected employee to return to work in as short a time as possible.

Report outlines case for code

A report drawn up by Mairead Conroy of Access Ability – Supporting an injured worker’s return to work – and presented to Tony Killeen, the Minister for Labour Affairs, in the Department of Enterprise, Trade and Employment, explains to a large degree the necessity for the Workplace Safety Code. The report compares Ireland’s situation with that of other countries in terms of workplace safety. It highlights the personal consequences for workers who are out of work for more than six months as a result of an occupational accident or disease, and maintains that only 50% of those affected will return to work. The report shows that 15% of Ireland’s working population, over the age of 15 years, suffer from a disability. Some 85% of those suffering from a disability become disabled during adulthood, often as a result of work-related accidents and illnesses.

On the basis of this report, employers have been encouraged to adopt the Workplace Safety Code and implement policies that will enable injured or ill employees to return to work. In addition, the report provides information on training grants available from the Irish employment authority (FÁS), and information on grants available for adapting workplaces to make them accessible for people with disabilities.

Workplace Safety Code

Employers signing the Workplace Safety Code also join the Workplace Safety Initiative Group. The latter comprises the Business and Employers Confederation (IBEC), the Construction Industry Federation (CIF), the Irish Insurance Federation (IIF), the Irish Congress of Trade Unions (ICTU). Employers joining the initiative will display the declaration of commitment at their workplaces and thus publicly agree to the following initiatives:

• Prevention – to work with their employees to prevent accidents at work;

• Intervention – where an accident does occur at work, to intervene to ensure the affected employee receives immediate medical treatment and support;

• Retention – to actively work towards bringing an employee who has had an accident at work back into employment as soon as possible.

Prevention measures

Employers agree that prevention represents ‘a core business value’ and sign up to the following actions:

• developing a safety culture at the workplace;

• carrying out regular risk assessments and updating safety statements;

• consulting with employees and workplace safety representatives;

• ensuring competence and/or training to ensure a safe workplace;

• providing employees with a comprehensive brief in workplaces where hazardous products are used and to encourage the use of safety data sheets;

• complying fully with current legal and contractual obligations.

Intervention measures

If an accident occurs, the employer will provide first aid, facilitate hospital treatment and provide return-to-work support for the injured employee. Following the intervention procedures of the safety code, three possible outcomes are envisaged, namely:

• the employee returns to work without making a claim;

• an amicable settlement is reached between the parties, after which the employee returns to work;

• no settlement is agreed, in which case the employee contacts the PIAB and follows the claims procedure, with the parties accepting the PIAB award. If this does not happen, the claim proceeds to litigation.

Retention measures

A strong link exists between intervention and retention, as both of these elements of the code envisage the employee returning to work. However, while intervention relates to the immediate aftermath of a work-related accident and to early treatment, retention is concerned with actively ensuring the affected employee is afforded every opportunity to return to work. The employer is committed to guaranteeing that the worker receives all the necessary medical treatment as a result of an occupational accident or illness.

If the employee is expected to be absent from work for more than 21 days, a return-to-work process will be activated. In this case, the employer will maintain regular contact with the employee, and assist the employee in getting relevant occupational injury benefits. Furthermore, an assessment of the employee’s need for rehabilitation will be carried out. Where the injury has an impact on the employee’s prospects of returning to work, a consultation process will commence involving the employer, the employee, the primary treating doctor and a return-to-work specialist.

Employee commitments

In organisations that adopt the code, employees make the following commitments: to be responsible for both their own safety and the safety of their colleagues; to cooperate in preparing risk assessments, safety statements and procedures; to observe safety arrangements; to take a responsible approach to accident prevention; to participate in training; and to ensure familiarity with procedures.

Commentary

In reality, the Workplace Safety Code requires nothing more of an employer that is not already required of them by law. The declaration of compliance, to be publicly displayed alongside International Organisation for Standardisation (ISO) certificates and other markers of responsible corporate commitment, will be the most significant difference for employers. However, it is hoped that by adopting the code, the employer commits the company to a higher standard of care, and adopts a strategy that will benefit both the company and its employees.

Further information

Copies of the Workplace Safety Code and additional information on this matter can be obtained by writing to the Workplace Safety Initiative Group, IBEC Head Office, 84/86 Lower Baggot Street, Dublin 2 or by emailing ohs@ibec.ie.

Herbert Mulligan, IRN Publishing