Policy Development | ReIntegrate

RTW - Equality/Non-Discrimination

Tilia Boussios — Mon, 06 Oct 2008 15:38:00 GMT

Internationally the first equality and anti-discrimination law was the Americans with Disabilities Act (ADA) signed into law in 1992. The EU adopted a non-discrimination clause in the Amsterdam Treaty. At this stage the EU has issued an Employment Framework directive (Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation) which prohibits discrimination, harassment and victimisation in employment and training on the grounds of religion or belief, disability, age or sexual orientation and many European countries already have legislation against discrimination. The aim of the directive is to establish a consistent set of rights and obligations across the Union. This implies that victims of discrimination, harassment or victimisation can now take action, and those involved in discriminatory practices can be held accountable, although how this is done will vary from country to country. Most other developed economies have similar legislation e.g. Australia, Canada and New Zealand.

Most equality and anti-discrimination laws share similar characteristics in that an employer must make a reasonable accommodation in recruitment, training, promotion and job retention processes when it comes to an employee with a disability. In the case where a person has a recognised disability the procedures are clear in that the employer must demonstrate undue hardship would arise from adapting work processes or the work environment to the needs of a worker with disabilities (i.e. it would be unreasonable to make a change).

When a worker withdraws from work as a result of illness or injury, a very real risk arises that he or she will develop an impairment and will be eligible for protection under anti-discrimination legislation. It is clearly too late to remedy this after the worker has taken a case of discrimination so good workplace equality policy should explicitly specify early intervention to prevent the development or aggravation of potentially disabling health conditions. This could include capacity building interventions and changes to the work environment and the way the job is organised.

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At a minimum, equality policy at company level should underpin the commitment of the company to provide equal opportunities for returning workers to have access to suitable employment and reasonable accommodations.

While it is against the law for the employer to dismiss a person on grounds of disability, legal procedures usually come into effect only if a complaint of unfair dismissal is made, that is, after the job has been lost. If the complaint is settled an employee may be reinstated but very often it is too late at this stage to achieve a successful return to work outcome.

Disability can be seen as the relationship between the individual with an impairment and the working environment, which means that the employer has to make reasonable changes to the work or workplace so that the disabled person is not put at a disadvantage in carrying out the requirements of the job.

Evidence from the USA indicates that the ADA supports job retention. Over half of the charges filed were because a worker was let go and the pattern of recorded disabilities suggest that they were workers who became disabled while in employment, rather than individuals who were disabled when they took up the job. The majority of cases were resolved by mediation.

In order for non-discrimination laws to impact effectively on work practices and job retention for people who are long-term absent, it is essential that managers and supervisors are made aware of the potential risks of discrimination when an employee has been absent for an extended period. Equally, workers need to know their rights under the company’s equality policy and feel empowered to ask for changes to the workplace or workplace runtimes. Many workers, a particularly those with lower educational qualifications will experience difficulties in making the case on their own behalf and so it could be helpful to provide access to assistance either through a worker representative or another source such as an Employee Assistance Scheme.

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In many cases the most appropriate response may be to make an adjustment or adjustments to enable the absent worker to perform his or her job effectively. Some of the most common adjustments include:

Improving the accessibility of :
- of the physical premises to people with different types mobility,
- signs, manuals, workplace instructions and electronic information,
- information frequently conveyed by sound, such as the ringing of a bell, a fire alarm, whistle or siren. Such facilities should be reviewed and complemented, where necessary, with alternative devices such as flashing lights.
Adapting a workstation, tools or equipment to enable the worker to perform his or her job effectively,
Reviewing the job description and make changes for example by deleting a part of the job which the person is unable to perform and replacing this with another task or tasks,
Providing flexibility of work schedules to enable the returning worker to perform his or her job satisfactorily,
Adapting performance requirements particularly at an early stage in the return to work process,
Consulting with the absent worker and with specialist technical advisory services when planning changes.

References

If you wish to read more about RTW - Equality/Non Discrimination Processes, you can access the Related Bibliography link on the right side of the screen.

Communication Policy

Tilia Boussios — Mon, 06 Oct 2008 07:22:00 GMT

The operation of an effective return to work programme requires excellent internal and external communications across the board. Internal communications refers to all of the necessary communications which take place within the employing organization. External communications refer to all of the communications which take place with external agencies who may be involved in the return to work process. Communications are necessary at organisational level and also when negotiating with the individual returnee.

Communication Skills

Though they’re not the only stakeholder involved and communications and the return to work process, the return to work coordinator is a key focus in initiating and managing the communications process. To fulfill this role some of the essential communication skills needed by a Return to Work Coordinator include:

Hard Communication Skills - Negotiation, mediation, trouble shooting/crisis intervention and persuasion
Soft Communication Skills - Openness, trust, patience, empathy and encouragement

Communications Integrity

The information which is passed amongst the stakeholders in the return to work process is necessarily sensitive in nature. It may include details on the health condition of the employee, it may include information on assessments of working capacity and will include communicating with, for example, supervisors, coworkers and others about the return to work process of a given individual.

Given the sensitivities involved, it is essential that communications should be pursued with high regard for employee privacy, confidentiality, information security and data protection. While legal requirements certainly operate in this area, it is essential for the integrity of the process that appropriate communications integrity is maintained. Breaches of confidentiality, for example, are open to legal redress, but they would also seriously impede the possibility of return to work being successful.

Stakeholders in the Return to Work Process

There are a number of targets for the communications process that need to be planned for by the return to work coordinator. These targets or stakeholders are not necessarily identified early in the return to work process. So it is important to be aware of the range of potential stakeholders involved and to plan for communications with them during the RTW process.

There will be both internal and external stakeholders involved in the return to work process. These stakeholders will have differing interests in the process and therefore differing types of messages and communication may be appropriate for each of them. The table below details some of the major stakeholders and interests in the return to work process.

This table is organized to internal and external stakeholders. The sometimes conflicting or potentially conflicting interests of the stakeholders are also outlined. The third column of the table indicates kinds of communication that may be needed with each of these stakeholders. It should be noted that this is not a complete range of interests of communications that may be needed, for much of the content of communication would depend upon the level of awareness of the stakeholders involved.

Stakeholder		Interest in RTW	Communications
Internal	Management	Returnee health and safety, insurance implications, productivity, legal obligations.	Awareness raising, reporting on progress and outcomes.
	Supervisors	Work team morale, productivity, health and safety.	Awareness raising, ongoing monitoring.
	Labor representatives	Worker rights, return to work policy, safe return to work.	Awareness raising, reporting on progress and outcomes.
	Co-workers	Work team morale, productivity.	Awareness raising.
	Human resource management	Legal requirements, health and safety, work ability, job contract issues, management of return to work process.	Awareness raising, ongoing monitoring, reporting on progress and outcomes, liaison with returnees and other internal stakeholders, liaison with external stakeholders.
	Occupational health	Work ability, health and safety, Work design.	Plans for return to work, monitoring of returnee, liaison with human resource management and management, liaison with external health agencies.
	Training and development	Training and retraining.	Liaison with HR management and Occupational health.
External	Training and development	Training and retraining.	Awareness raising, liaison with HR management
	General practitioners	Medical treatment, protection of health and well being.	Awareness raising, liaison with HR management, occupational health
	Rehabilitation agencies	Interventions to overcome impairment, return to work [?]	Liaison with HR management, occupational health
	Benefits agencies	Provision of benefits, prevention of abuse of benefits.	Liaison with HR management
	Vocational training	Training and retraining of absentee.	Liaison with HR management
	Employment guidance	Job placement of absentee.	Liaison with HR management
	Workers family	Protection of absentees rights, maintenance of income, return to work.	Awareness raising, monitoring of absence, referral to external stakeholders.
	Insurers	Risk management, assessment of claims.	Liaison with HR management, occupational health
	Legal profession	Protection of absentee’s legal rights	Liaison with HR management, occupational health

References

If you wish to read more about Communications Policy Procedures, you can access the Related Bibliography link on the right side of the screen.

RTW - Workplace Health

Tilia Boussios — Mon, 06 Oct 2008 07:20:00 GMT

As a general level, occupational health and safety policy is concerned with the prevention of occupation illness and accidents. It uses a range of tools such as risk assessment to identify at risk groups and situations within the workplace. At an individual level, it is concerned with the assessment of the health status of the individual and that they are fit for the job they must do. In addition, occupational health should be involved in assessing the demands of jobs. While these measures apply to the entire workforce, they take on a special meaning in the context of returning an absent individual to work.

Occupational health and safety policy and practice can play a central role in the reintegration process. At a policy level, occupational health and safety policy needs to recognize the challenges which exist when returning an individual to work. A policy should reflect not only the aim of matching the work to the capabilities of the individual, but also the need to take a proactive role in managing the entire return to work process. This latter feature is not always seen as being part of the occupational health role.

Occupational health policy should include specific provisions relating to the management of the person returning to work. The health and well-being of the returning employee needs to be monitored and their capabilities assessed. In addition, the risks associated with the employee’s job needs to be assessed. Occupational health policy should also include provisions with regard to the role of the Physician or nurse in communicating with the absent individual and with the range of health and rehabilitation services that might be involved with the absent worker.

It is therefore strongly advised that policy on occupational health and safety should be changed to encompass the monitoring of returning employees’ health.

Occupational health policy in relation to return to work should include specific provisions relating to:

Hazard Identification: This is the process of identifying all potential dangers of associated with an employee’s job.
Risk Management: This is the process of assessing the risks associated with the hazards that have been identified and drawing up a plan for interventions to modify these risks. The kinds of interventions that might be made can be classified as being preventive [where the hazards are eliminated at source], protective [where the worker is protected from the risk using for example personal protective equipment], or promotive [where interventions are geared towards raising awareness of the risks associated with work].
Provision of Information: Information on the return to work process and the options available to the worker should be provided for employees prior to their return to work. Returnees should be well informed about the reintegration process, understanding that return to work is a necessary and beneficial action.
Modifying Work Activities: Certain activities may need to be modified to suit the employee’s capability. Employers should make the necessary changes to the work environment as required. I’ll keep a channel health plays a role in assessing and proposing what modifications are necessary to work activities.
Providing Training on Occupational Health Related Issues: Though training on occupational health-related issues is important for all employees in an organization, there is a need to provide specific training for employees returning to work, especially in the context where they are moving either to new jobs or modified jobs which have differing risk profiles. Where the employee has reduced abilities, there is a need to train them in relation to the occupational health implications of this situation.
Monitoring Trends in Health: The organisation should keep up to date by monitoring employee health and carrying out or offering regular assessments for those returning to the workplace following absence.
Drawing Up Return to Work Plans: Occupational health plays a pivotal role in drawing up and implementing sensitive and effective return to work plans for the individual. These should include provisions relating to monitoring the absent worker and a easing with the health, rehabilitation and other services who may be treating the worker and in preparing the workplace or the return of the absent worker to work. They should also include provisions relating to the assessment of the capabilities of the individual and the design of appropriate work to suit these capabilities.

Occupational health often takes second place within Health and Safety, and has no distinct identity. Often no specific budget is allocated for OH support to the return to work process.

Health and Safety representatives and managers are central to increasing awareness of the importance of occupational health in the return to work process.

References

If you wish to read more about RTW - Workplace Health Processes, you can access the Related Bibliography link on the right side of the screen.

RTW - HR

Tilia Boussios — Mon, 06 Oct 2008 07:20:00 GMT

The Human Resource Management Department or function is generally responsible for dealing with the reintegration process and managing the individuals involved. This responsibility is best situated within HR because many, if not most of the tasks of reintegration are essentially human resource related.

Many smaller organizations may not have the designated human resource department, but nonetheless they will have a human resources function. In this case, the human resource function should be responsible for managing the return to work process.

The human resource management department is generally responsible for managing all aspects of recruitment, job change [promotion, retirement] and training. They will have a strong relationship with the occupational health function within an organization. Many of these skills and responsibilities need to be applied in the case of return to work.

It is often the case that when return to work issues arise, there is no formal policy about how to handle the processes within the human resource function. This often leads to confusion and attempts are made to solve the problems of return to work on an ad hoc basis. Therefore, there is a need to develop a strong and coherent human resources management policy on return to work.

An important function of the HRM department concerns the communication of reintegration management policy throughout the organisation. This helps to overcome one of the main barriers to integration – lack of knowledge and awareness of the process of reintegration, which often leads to bias and discrimination against the individual.

The HRM department or function may not have all of the skills and knowledge necessary to implement a return to work policy, but it is still the most appropriate function in the organization for managing the implementation of policy. Even though other professionals inside and outside of the organization may be involved in the return to work process, HRM policy should include provisions which relate to all aspects of the process.

Critical elements of HRM policy which should actively reflect return to work concerns include:

Employment Contracts: All employees must have a comprehensive, up-to-date contract of employment. The contract must be clearly laid out in all areas, and should be reviewed or amended at least on an annual basis. All employees are legally entitled to a written statement of their terms and conditions of employment within two months of commencement of employment. The contract of employment should be well written and complete with many clauses that clarify the employment relationship for the benefit of you, your business and the employee. These contracts should include provisions for what happens when an employee becomes long-term absent from work. It should specify the return to work procedures that will be implemented..
Remuneration: The level of pay a person receives while they are absent may function as an incentive or disincentive to return to work. Employers should ensure that the conditions of sick pay do not act as a disincentive. It may be appropriate to reward a safe and timely return to work financially, if this is possible..
Job Design: Job design involves envisioning and defining specification of a work system related to a particular job. It addresses issues like the methodology of doing the job, the person responsible for doing the job, and the place of accomplishing the job. The activity of job design helps in making the jobs and work systems more appropriate to the capabilities of the individual. HRM policy should include provisions for job design as a means of supporting return to work..
Work Organisation: This refers to the way in which work is scheduled and organized in the organization. Work organization may be used as a means of supporting return to work. In particular, interventions such as reduced working hours, changed work demands and flexible working time can be powerful in promoting return to work. HRM policy should include provisions for work organization interventions as a means of supporting return to work.
Liaison with External Agencies: Many organizations do not have the in-house skills and knowledge to conduct the entire return to work process on their own. All organizations and all individual absentees, to some extent, rely on external services and agencies to enable return to work. Typically these external agencies may include health services, rehabilitation services, training agencies, insurance companies, and perhaps the legal system. It is the responsibility of the HR department and function to liaise with these external agencies. HR policy should include provisions to ensure that the responsibility for external liaison is clearly carried out by the HR function.
Job Placement: HR professionals typically oversee the hiring and placement of all employees. In the case of people returning from absence, it may be necessary for the person to go through the process of job placement again. If the returnee requires different work than before, job placement will be needed. HR policy on return to work should include provisions for job placement either inside the organization or with other employers.
Reintegration Management: The overall process of reintegration management needs to be actively implemented by the HR Function. Provisions for this should be included in HR and return to work policy.
Incentives: If incentives especially none monetary incentives are to be provided as part of the return to work policy, HRM policy should reflect this. There is evidence that such incentives can be an effective tool in promoting return to work.
Joint Labour Management Agreements: An important element of return to work policy is that it is supported by both management and labour representatives within the organization. If support is available only from one side, it is likely that policy will fail. The HRM policy on return to work should include a provision which demonstrates the support of both labour and management for the policy and its implementation.
Occupational Health Services: As indicated elsewhere, occupational health services have an important and essential role to play in regards to safe and effective return to work. HRM policy should specify the role and requirements to be placed on how occupational health services operate in the context of return to work.
Training and Development: Many ill or injured workers who are returning to work will not be able to undertake their previous jobs. In these cases, some element of retraining will be needed. The HR policy on return to work should specify that training will be made available and the conditions under which it will be made available to returnees.
Safe and Early Intervention: A primary factor in successful return to work is safe and early intervention. In practice, this means that communications with the absent worker should take place at an early stage during the absence, and that when return to work takes place, it should do so in a manner that is safe, i.e. in a way that does not harm the health or wellbeing of the returnee. HRM policy on return to work should specify that early intervention will take place and the conditions under which they will take place.
Transitional Work Arrangement: Temporary work arrangements whereby the returnee works at the same job in a limited way or at another job for a temporary period, are an effective way of reintegrating the absentee. HR policy should reflect this provision. The parameters of the temporary work arrangements should be made clear to the employee. This can be done in a document which includes the health care provider’s recommendations for return to work and the specific nature of the work being done. The document may include information regarding work hours, duties, expectations, job title, supervisor, work location, and duration of the agreement.

References

If you wish to read more about RTW - HR Procedures, you can access the Related Bibliography link on the right side of the screen.

Return To Work Policy

Tilia Boussios — Mon, 06 Oct 2008 07:19:00 GMT

Workplace policy and practice is a key driver of the return to work (RTW) process and an essential ingredient of an inclusive workplace strategy. The person with responsibility for developing and disseminating an effective return to work policy needs to take a broad view of the organisation.

It is not advisable to start implementing a programme as a response to one individual’s needs, without ensuring that the relevant return to work polices are in place. If an agreed policy based approach is not implemented it will lead to problems within the organisation because as explained in the ‘principles’ section, it is important to consider the views and attitudes of the workforce, their representatives (e.g. union shop steward), supervisors, line managers, senior management and the board room.

The overall aim of an organisation’s RTW policy should be to ensure that:

There is a clear statement that early return to work is the norm within the organisation, and
There are the necessary infrastructures, skills and practices in place to realise this aim.

The policy should incorporate the roles and responsibilities of the stakeholders within the enterprise who are to be involved, the ways they should interact, the activities they should undertake, the resources available to them and the types of outcomes they should achieve.

It is critical that return to work policy and guidelines are written down, agreed and integrated into the standard operating procedures of the company.

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A coherent return to work (RTW) policy should include the following elements:

Early intervention, assessment and referral to appropriate services: Early intervention involves a continuum of actions that begins with early monitoring after three days, the offer of assistance at six weeks, the offer of a return to work assessment at twelve weeks and the assignment of a case manager to coordinate the interventions indicated by the assessment, including referral to appropriate services.
Engagement with the treatment process: The organisation should work constructively with its absent employees and where appropriate the treating professionals to ensure that a safe and timely RTW is achieved.
The opportunity for mediation between the absent worker and the organisation: If necessary, there should be an option for negotiation to resolve differences between the employer and the absent worker, conducted by some impartial party, for the purpose of getting the employee quickly and safely back to work.
Access to a person to advocate for the worker with medical professionals, the supervisor or family where required: In some situations e.g. if the person suffers a brain injury, they may not be able to ‘speak up for themselves’. In this situation the ill or injured worker should be given access to an independent person who looks after the interests of that individual and tries to ensure that they get the help and supports they need.
The right to a customised and flexible Individual Return to Work plan for the absent worker: In order to develop a relevant effective return to work plan for an individual, a Back to Work Threshold Specification would first be produced, which would include a list of inhibitors and enhancers, effecting the individual’s decision to return to work (see Assessing the Threshold section for more information).A Return to Work Intervention Plan for the individual can then be drawn up, to tackle the inhibiting factors and to draw on the enhancing factors, in order to facilitate a timely and safe return to work for the individual.
The provision of stable and appropriately individualized, supported accommodations and adjustments: Company responses, although based on the policies and procedures of the company, should still be flexible and customised to the individual’s needs For example, the individual may need a workplace adjustment such as a specially adjustable chair and a different table or they may need more breaks during the day.
Measures for a gradual resumption of work: For example, 3 half days for a period of time, increasing to 5 half days and so on.
An active case management system for overseeing the reintegration process: A case manager is a trained rehabilitation professional in the coordination of the reintegration process for an ill or injured individual. They engage with the worker at whatever stage in the disability process that person is and co-ordinates appropriate interventions, supports and resources in order to get them back to work in as safe and timely a manner as possible.
Opportunities for ill/injured workers to build their capacity through retraining: The policy should spell out that retraining will be provided where appropriate and that these opportunities are a significant part of the overall return to work policy.
Opportunities to obtain experience in an alternative, transitional work position: The policy should state that transitional work arrangements, i.e. temporary jobs and tasks that are approriate to the capacities of the employee, will be made available. It should also specify the circumstance under which they will be made available.
Use of technical support and advice: Ergonomics, universal accessible design and technology adaptations.
Role integration between internal actors including HR, Line Management, Occupational Health and external providers: All departments or personnel should be aware of their roles ad responsibilities in the RTW process and how their roles interact with each other. This would also include liaising with external services providers e.g. training organisations, physiotherapist etc.
Awareness of RTW policy throughout the organisation: It is important that the policy is not just written but that it becomes practice and is well known throughout the organisation.

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In addition to a specific return to work policy, it is also essential to integrate return to work into existing policies including Health and Safety, HR and equality. The role of these areas in the RTW process are explained under the relevant headings elsewhere in the e-learning environment.

The RETURN Employers Guide (see Related Bibliography for References) provides a useful starting point for policy development. It provides guidance on a number of policy areas in which an employer can initiate actions which lead to the establishment of an effective return to work process.

References

If you wish to read more about Return To Work Policy Procedures, you can access the Related Bibliography link on the right side of the screen.