Safety Matters - Rail, Tram and Bus Union of NSW

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Compensation Payments Provisional Payments Provisional payments are a new payment mechanism introduced on 1st January 2002. It only applies to new claims made on or after that date. Provisional payments consist of two main components: • A special provision for the early commencement of weekly payments prior to the acceptance of liability for a claim. Payments are to commence within 7 days of receiving an Initial Notification of injury. They can be made for a period of up to 12 weeks. • A special provision for the acceptance and payment of medical expenses for an amount of up to $5000. The making of provisional payments does NOT constitute an admission of liability by the insurer or employer. It is independent of the process of determining liability for a claim. Purpose of Provisional payments To understand the purpose of provisional payments, its important to look at some of the concepts that underpin the change, including workplace injury management. Aims of the Scheme The principal aims of NSW workers compensation legislation are: 1. Prompt and effective treatment and return to work of injured workers 2. Income support for injured workers and their families 3. Fair and affordable premiums for employers with incentives for improved performance 4. Efficient and cost-effective service delivery The factors that have previously hindered injury management in NSW included the unacceptably high levels of disputes and associated legal activity/costs. Therefore, the development of new streamlined claims procedures, including the making of early payments on a provisional basis, has been a critical area of reform. It has been designed to improve outcomes for workers and employers and prevent disputes. BACK TO CONTENTS Safety Matters A Guide for Workplace OHS Representatives SECTION THREE RAIL TRAM AND BUS 13 A Summary of Workers Compensation in NSW U N I O N
The purpose of making provisional payments is to: • Provide early income support for workers and their families • Reduce the socio-economic impact of workplace injury and illness • Expedite access to necessary treatment and, therefore, enhance treatment outcomes • Inspire communication and trust, and prevent disputes from arising Control the risk of long-term work loss and disability New Procedures SECTION THREE Safety Matters A Guide for Workplace OHS Representatives In this section we will focus on three principal components of the new claims procedures contained in the Act: • Special provisions for commencement of weekly payments • Claims for weekly payments • Claims for medical expenses Provisional Weekly Payments The new claims procedures require the insurance company to: • Commence provisional weekly payments within 7 days after an initial notification of injury is received (unless there is a reasonable excuse). Section 267 (1). • Pay provisional weekly payments for a period of up to 12 weeks, “having regard to the nature of the injury and the period of incapacity”. Section 267 (3). An insurer who fails to commence provisional weekly payments is guilty of an offence. The maximum penalty is 50 penalty units. One unit = $110.00. Section 267 (5). Claims for Weekly Payments If a claim for weekly payments is the initial notification of injury, insurers are required to: • Commence provisional weekly payments within 7 days of receiving the claim. Section 275 (1). This may extend the period they have to determine the claim. Section 275 (2). A Summary of Workers Compensation in NSW 14 RAIL TRAM AND BUS U N I O N
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RAIL TRAM AND BUS U N I O N Safety
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The material and information contai
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Safety Matters: A Guide for Workpla
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Whats in the Safety Matters Guide?
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How Does Your Company Rate on Healt
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OHS Management Safety, Health and E
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BACK TO FRONT PAGE CONTENTS Defi ni
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Defi ning Workplace Health and Safe
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3. Legal: There are penalties for f
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Importance of Workplace Health and
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• Provision of adequate informati
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Transport and Storage - General Aus
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Types of Rail Accidents Derailments
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Legal Requirements NSW OHS Act 2000
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• clearly state the criteria and
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Industry Codes of Practice Part 4,
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Guidance Notes Guidance notes are e
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SECTION TWO Monitoring OHS Programs
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A Guide to OHS Responsibilities Saf
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Safe systems of work The way in whi
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Workplace Violence towards Bus Driv
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Similar responsibilities are requir
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Responsibilities of Directors and M
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A Guide to Systematic Management of
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The report also identified ‘human
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Employer Commitment and Policy An o
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3. Specify objectives or performanc
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the organisation expects of everyon
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c) EMPLOYEES All employees are requ
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• a workplace that is without ris
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The OHS Committee/OHS Representativ
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A Guide to Consultation and OHS Leg
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OHS Consultation Code of Practice T
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Table 1: Effective and Ineffective
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OHS Consultation Checklist Safety,
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A Guide to Risk Management Safety M
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Undertaking OHS Risk Management To
Page 75 and 76: Incident/accident investigations Ma
Page 77 and 78: The overall level of risk increases
Page 79 and 80: need to be translated into a multi-
Page 81 and 82: For example, if a train is operatin
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Page 85 and 86: A Guide to Roles and Powers of Unio
Page 87 and 88: The Workplace Representative and th
Page 89 and 90: 30 Additional functions of OHS comm
Page 91 and 92: • to ensure that employees partic
Page 93 and 94: Relations Act 1996 and produces the
Page 95 and 96: OHS Representatives Checklist Safet
Page 97 and 98: A Guide to Safe Work Practices Safe
Page 99 and 100: Figure 1: Three Stages to Safe Work
Page 101 and 102: Answering No to any of the followin
Page 103 and 104: Work Environment Factors in the wor
Page 105 and 106: A Guide to Conducting Workplace OHS
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Page 109 and 110: Preparing and Presenting a Workplac
Page 111 and 112: Sample Workplace Inspection Checkli
Page 113 and 114: Adequate work space around machine
Page 115 and 116: BACK TO MAIN PAGE CONTENTS What is
Page 117 and 118: • Damage to clothing and artifici
Page 119 and 120: Employer Responsibilities Under The
Page 121 and 122: Important note An employer who dism
Page 123 and 124: Once the insurance company has prov
Page 125: What the insurance company must do
Page 129 and 130: Payments to Injured Workers NSW wor
Page 131 and 132: Total incapacity First 26 weeks of
Page 133 and 134: No Suitable Duties If no suitable d
Page 135 and 136: Case Study Ahmed is a Workshop Main
Page 137 and 138: Injury Management is a System Injur
Page 139 and 140: • A plant operator with a broken
Page 141 and 142: Injury Management Flow Chart 1. Rep
Page 143 and 144: Summary of Frequently asked Workers
Page 145 and 146: What does it cost? If you are a mem
Page 147 and 148: SECTION FOUR OHS Factsheets BACK TO
Page 149 and 150: RTBU OHS Fact Sheet 1: Accident and
Page 151 and 152: The employer must provide the name
Page 153 and 154: Accident and injury notifi cation -
Page 155 and 156: Employees’ rights and responsibil
Page 157 and 158: Steps in Employee Injury Notifi cat
Page 159 and 160: Control of workplace hazardous subs
Page 161 and 162: Pumping concrete codes of practice
Page 163 and 164: RTBU OHS Fact Sheet 3: General Work
Page 165 and 166: The washing facility should be prot
Page 167 and 168: Dining areas: Making them appropria
Page 169 and 170: Some employees may have different n
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RTBU OHS Fact Sheet 4: Amenities-Ac
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• Barracks are to have fully equi
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Minimum standards - motels / apartm
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Radio Alarm Clock • Must be in al
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Accommodation Inspection Checklist
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Accommodation Inspection Checklist
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RTBU OHS Fact Sheet 5: Cash Handlin
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Please note that each workplace has
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Making a workers compensation claim
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• Fit bullet resistant barriers o
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• Wear conservative clothes (such
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Safer Work Practices Safety, Health
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RTBU OHS Fact Sheet 6: Drug and Alc
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Operator programs Operators must ta
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as a control for the risks posed by
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OHS Drug & Alcohol Checklist Safety
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Operators have a responsibility to
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State Governments • New South Wal
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The NSW OHS Regulation 2001 -Clause
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Safety Equipment There are regulati
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Hazard Classifi cation and Control
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If there is a danger of cuts or exp
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Hazardous Substances Checklist Trai
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RTBU OHS Fact Sheet 9: Bullying and
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• Loss of concentration • Loss
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Workers compensation legislation If
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Civil claim for damages Workplace b
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Prevention of workplace bullying Bu
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Resolving or investigating complain
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There are some circumstances where
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processes, from senior management f
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Enterprise bargaining agreement Wor
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not exhaustive and you may need to
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Safety Matters - Rail, Tram and Bus Union of NSW

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