Shell Australia. Rehabilitation and Return to Work Procedure and Guidance Notes

Transcription

1 Shell Australia Rehabilitation and Return to Work Procedure and Guidance Notes Originating Company Department Document Number Shell Australia Shell Health HSE_GEN_ Revision Number 4.0 Document Type Procedure Publish Date 29/11/2017 Cyclical Review Period Technical Reviewer (TA2 or SME) Process Owner Safety Critical Content Security Classification Export Control Classification Number 5 years Shell Health Occupational Health Nurse Manager, Shell Health Oceania No Restricted No US Content Controlled Document, Copy No: 01 Shell Australia Pty Ltd (ACN ) owns the copyright in this document. All rights reserved.

2 Shell Australia 4.0 Rehabilitation and Return to Work Procedure and Guidance Notes 29/11/2017 REVISION HISTORY Ver. Change Description Date Prepared by Reviewed by Approved by DD/MM/YYYY Position / Name Position / Name PO Position / PO Name 1.0 Final Occupational Health Nurse, Ruth Edwards 1.1 Minor word changes Occupational Health Nurse, Ruth Edwards 2.0 Addition of Occupational information sheet Health Nurse, and notification Ruth Edwards form 3.0 Minor updates to Notification Form, Appendix 14, formatting changes, deleted aviation content 4.0 Minor update to Notification Form Senior Health Operations Manager, Andrew Bennett 11/10/17 Senior Health Operations Manager, Andrew Bennett Shell Doctor, Dr Catherine Hurworth; HR Policy, Mark Beccard. Senior Health Operations Manager, Andrew Bennett Senior Health Operations Manager, Andrew Bennett Occupational Health Nurse, Ruth Edwards Occupational Health Nurse, Lara Smith Occupational Health Nurse, Ruth Edwards Manager, Shell Health Oceania, Dr Arthur Stratigopoulos Manager, Shell Health Oceania, Dr Arthur Stratigopoulos Manager, Shell Health Oceania, Dr Arthur Stratigopoulos Manager, Shell Health Oceania, Dr Arthur Stratigopoulos Manager, Shell Health Oceania, Dr Arthur Stratigopoulos

3 Shell Australia 4.0 Rehabilitation and Return to Work Procedure and Guidance Notes 29/11/2017 TABLE OF CONTENTS 1. Objectives Scope Definitions Other Relevant Shell Procedures and References Duties of Care, Roles and Responsibilities Rehabilitation and Return to Work Procedure Rehabilitation and Return to Work Rehabilitation for Non Work Related Conditions Initial Action Notification of Injury/Illness First Aid/Medical Treatment Return to Pre-Injury Duties Unable to Return to Pre-Injury Duties Rehabilitation Case Management Principles of Return to Work RTW and RRTWP Suitable Duties Compensable Injuries and Illnesses RWC Duties Worker s Compensation and Certificates Weekly Compensation Benefits Medical and Related Costs Attendance for Prescribed Medical Treatment Employee leave During Rehabilitation Resignation or Termination During Rehabilitation Dispute and Resolution Process Workers Rehabilitation File Case Notes Off Shore and FIFO Workers Return to Work for Labour Hire Contractors Health Assessment Medical Termination Confidentiality Injury Management Process Shell Australia Ltd Appendix 1: Injury/Illness Notification Form Appendix 2: RTW Plan and Offer of Suitable Duties Appendix 3: Shell s Agreed National Rehabilitation Provider details Appendix 4: Shell Contact List Appendix 5: Claims Dispute Resolution Information by State Appendix 6: TLNG Management of Medical Issues Appendix 7: Letter of Consent Appendix 8: Suitable Duties Cover Letter Appendix 9: Suitable Duties Off Shore Work Appendix 10: Suitable Duties Office Appendix 11: Allianz s Injury Management Process - NSW Appendix 12: RTW Resolution Process Flow Chart (Victoria) Appendix 13: Legislation... 41

4 Shell Australia 4.0 Rehabilitation and Return to Work Procedure and Guidance Notes 29/11/2017 Appendix 14: AWARENESS OF RETURN TO WORK No table of figures entries found. LIST OF FIGURES LIST OF TABLES Table 5.1 Roles & Responsibilities... 7

5 Shell Australia 4.0 Rehabilitation and Return to Work Procedure and Guidance Notes 29/11/ Objectives Shell s Rehabilitation and Return to Work Policy demonstrates a commitment to providing a safe, equitable and timely return to work for all injured or ill workers and sets out the principles for managing the impact of illness or injury of a worker in the workplace, whether or not the illness or injury is compensable. The procedure and guidance notes: Define the process for the management of injuries and illnesses to facilitate an early and safe return to work for injured/ill workers; Assist the injured or ill employees to remain at work or return to work as soon as safely possible, in accordance with professional health advice; Define the responsibilities of key stakeholders including employees, Supervisors/Managers, Contractors, health providers and key personnel in the injury management process. 2. Scope These procedures and guidance notes apply to all employees of Shell in Australia, subsidiaries and Joint Ventures (JVs) under Shell operational control, including Shell Australia Limited (SAL), Shell Aviation Australia (SAA), Shell Australia Lubricant Production (SALP), Shell FLNG Pty Ltd and QGC. Shell Health Australia is the owner of this Procedure and will update on a regular basis in response to changing legislation and Shell internal requirements. A copy of this Rehabilitation and Return to Work Procedure can be obtained by all workers directly from the BCD database or by contacting their Line Manager or Shell Health. The contact details of Shell Health are available here. Contractors working on Shell sites are covered by workers compensation insurer of their own employer. They will be subject to Rehabilitation and RTW Policies of their employer, though will need to adhere to relevant Shell Processes prior to returning to work on sites operated by Shell. 3. Definitions Base Location DFA EBA ESO FIFO FFD HR IMP IW The contracted, Australian onshore base for Offshore Workers Designated First Aider Enterprise Bargaining Agreement Emergency Service Officers Fly in fly out Fitness for Duty Human Resources Injury Management Plan overall plan which coordinates the treatment and management plan of an injured/ill worker (written by insurer). Injured Worker

6 Shell Australia 4.0 Rehabilitation and Return to Work Procedure and Guidance Notes 29/11/2017 MER MSHO OHN OIM PID PPM RRTWP RTW RWC SD SDP Shell Health Shell Insurer THP/TMP TLNG Medical Emergency Response Manager, Shell Health Oceania Occupational Health Nurse Offshore Installation Manager Pre-Injury Duties are the duties inherent in the usual role which were performed by the worker prior to the injury or illness. Personal Procedures Manual Rehabilitation and Return to Work Plan outlines suitable duties which the worker can continue to perform until having capacity to return to full duties of the role identified by the RTW goal. This plan is a regulatory requirement in the Workers Compensation system of some jurisdictions. Return to Work. It is regulatory requirement in the Workers Compensation system of most jurisdictions for employers to provide suitable duties in order for the worker to remain engaged in work or return to work as soon as there is capacity to safely do so. This recognises the Health Benefits of Good Work which Shell is committed to promoting. Return to Work Coordinator Suitable duties are those that meet an employee's capacities, skills and experience and take into account any medical limitations. Providing suitable duties may involve modifying duties, providing alternative ones or changing hours while a worker has some incapacity and/or are receiving medical treatment. Suitable Duties Plan Health Professionals employed in the Shell Health global function or contracted to Shell to perform health related duties (in alignment with Shell Health) In this document, the term Shell s worker s compensation insurer means the insurer of the relevant legal entity (i.e. Shell Australia Pty Ltd s workers compensation insurer [currently Allianz], QGC Pty Ltd s insurer [WorkCover QLD], etc Treating Health Practitioner/Treating Medical Practitioner Trident LNG 4. Other Relevant Shell Procedures and References HSE_GEN_ HRS_GEN_ HSE_PRE_ HSE_GEN_ HSE_GEN_ EMS.GL Shell Australia FTW Standard Shell Australia Drug & Alcohol Policy, Procedure and Guidance Notes Prelude Medical Emergency Response Plan Management of Pregnant Offshore and Remote Workers Plan Shell Australia Fatigue Risk Management Plan FUNCTIONAL HEALTH SPECIFICATIONS - Medical Evaluation of Fitness to Work. Report Health Risk Assessments Site Specific

7 Shell Australia 4.0 Rehabilitation and Return to Work Procedure and Guidance Notes 29/11/2017 Performance Monitoring and Reporting Manual PPM Personal Procedures Manual (via HR Online) Shell Hand out Information If you are injured Site Specific Medical Emergency Response Plans 5. Duties of Care, Roles and Responsibilities Table 5.1 Roles & Responsibilities Role Title The Return to Work Coordinator (Internal) Process Roles & Responsibilities Responsibilities The Return to Work Coordinator (RWC) is the key person in the Return to Work process who represents the employer and provides support for the worker by in the workplace by acting as a link between the principal parties involved. Shell uses Occupational Health Nurses as RWC s, who are appropriately trained, as per State requirements, and have an adequate level of seniority in the company to fulfil the RWC role. Key Responsibilities: To ensure privacy and confidentiality is maintained, and appropriate consent is obtained in the injury or illness management process with all stakeholders. To ensure workers understand the procedure to follow should they sustain a work-related injury or illness; this involves understanding their responsibility for timely reporting, how to obtain suitable and early medical treatment and rights of access to Workers compensation for treatment. To ensure workers understand their responsibility to present themselves fit for work, and should there be any fitness-for-work concerns, the procedure to follow to notify the employer. To identify non-work-related injury or illnesses which may impact on the worker s capacity to safely perform the inherent duties of their job role, and obtain work capacity recommendations from the treating medical practitioner, or to discuss the health concern with a Shell physician so that an independent fitness for work assessment can be arranged. To ensure the worker s capacity for work has been satisfactorily assessed by a medical practitioner familiar with assessing capacity for work, or to request the worker attend such a medical practitioner to assess RTW capacity if the treating medical practitioner has not satisfactorily engaged in RTW planning as per recommended Workers Compensation injury management guidelines for medical practitioners.

8 Shell Australia 4.0 Rehabilitation and Return to Work Procedure and Guidance Notes 29/11/2017 Role Title Line Manager Process Roles & Responsibilities Responsibilities To provide the assessing medical practitioner with a description of the worker s pre-injury duties, and a suitable duties register which they may be able to safely perform while their capacity is limited. To actively liaise with the injury management practitioners in order to ensure Shell can fulfill obligations of facilitating early and suitable return to work. As required to liaise with key stakeholders in the provision of vocational rehabilitation, allied health, medical or hospital services to an injured worker. Plan an injured/ill worker s return to work as soon as becoming aware of a worker s restricted capacity for work, by compiling Rehabilitation and Return to Work Plans (RRTWP) in consultation with the worker and their line manager or supervisor, and the treating medical practitioner (for offshore workers, this must include the relevant OIM and Supervisor and an assessment for fitness for offshore travel and work). Monitor the progress of an injured worker s capacity to return to work and amend the RTW plan as soon as possible to reflect any change to medical restrictions or recommendations. To obtain medical practitioner approval of RTW plan amendments. Manage a worker s return to work in a manner to prevent injury recurrence or aggravation, and to identify early psychosocial issues which may complicate RTW or recovery. To frequently and actively liaise with the worker and their manager to ensure the RTW plan duties are suitable and problems are reported early. Ensure engagement of an Approved Vocational Rehabilitation Provider if necessary. Ensure legislative compliance in relation to the completion and submission of relevant documentation for WorkCover claims and return to work processes for compensable injuries/illnesses. To ensure privacy and confidentiality is maintained, and appropriate consent is obtained in the injury or illness management process with all stakeholders. Ensure that prompt medical attention is provided for any worker, contractor or visitor who is injured or suffers an injury or ill health in the workplace, work related or nonwork related. Escalate to their Line Manager and the RWC/Shell Health as soon as practicable if one of their workers sustains an injury or illness.

9 Shell Australia 4.0 Rehabilitation and Return to Work Procedure and Guidance Notes 29/11/2017 Role Title Site Manager (includes Offshore Installation Manager for offshore facilities & Facility Managers on Onshore Plants) Process Roles & Responsibilities Responsibilities Enter the incident into the specific business units reporting system (i.e. FIM) if the worker is unable to do so and record all injuries in accordance with Shell s requirement. Please Note: the worker s name must not be added to FIM. Actively participate and facilitate the RRTWP with the RWC, identifying suitable duties and advising on the skills and abilities of the injured/ill worker; For offshore workers, the LM should collaborate with the OIM and RWC to identify suitable duties. Encourage and support the worker to actively participate in their RTW Plan and adhere to medical restrictions. Monitor the injured worker s progress and establish regular communication in support of RTW goals. Promote a culture of acceptance of workplace rehabilitation by good communication with the injured worker s colleagues. Assist with all decisions in relation to the transport of injured and ill workers from the facility to a suitable medical service. Is responsible for making the final decision on whether workers are removed from the facility in relation to a health condition, after liaising with the On-Site Medic, Medical on-call support and/or Shell Health. Collaborate as a key stakeholder in identification of offshore or onsite suitable duties for injured/ill workers. Offshore Medic Make initial assessments on the health of workers. Treat injured/ill workers within their capacity and training. Liaise with Shell Health if any workers are injured/ill, even if remaining on facility. As required to liaise with the OIM, Supervisor, Topside Health Support services, and notify Shell Health and HR, regarding transport details of any injured/ill workers requiring evacuation/transport from the facility for further medical assessment. At specific sites, will be required to be the RTWC (and are responsible for duties as detailed) Onshore Tier 2 Health Professionals Workers Treat injured/ill workers within their capacity and training. Liaise with Shell Health regarding onshore suitable duties for injured/ill workers. Work in a safe manner so as to prevent work related injury/illness to self or others, complying with Shell s

10 Shell Australia 4.0 Rehabilitation and Return to Work Procedure and Guidance Notes 29/11/2017 Role Title Occupational Rehabilitation Services Provider (also known as Vocational Rehabilitation Providers) Process Roles & Responsibilities Responsibilities policies, procedures, lifesaving rules and current legislation. Report all incidents and injuries/illness as soon as practicable to STL/Supervisor/Manager; for timely intervention this is recommended within 24 hours. Seek medical assessment/treatment immediately for any health related incident. Authorise Shell s RWC to contact the THP to discuss medical restrictions and suitable duties. To actively participate in RTW planning and comply with medical restrictions. To actively liaise with the RWC and report any problems which arise with the RTW plan. Advise the THP of the availability of Shell s Occupational Rehabilitation program, Shell s RWC and in-house Health Professionals, and provision of suitable duties. To co-operate with the assessment of work capacity, rather than focus on incapacity, as recommended by Workers Compensation injury management guidelines. The focus of work- or non-work-related injury and illness management is to remain at work according to capacity, and to return to work early, considering the Health Benefits of Good Work. This RTW focus has been shown to be associated with better recovery and long term employment. Advise the line manager of any fitness for work concerns prior to attending work. Provide a Medical Certificate or appropriate Statutory Declaration if absent from work in line with the relevant HR Policy/Procedure or EBA and all other medical documentation as soon as reasonably practicable. For compensable injuries/illnesses submit any WorkCover Medical Certificates to the RWC within 24 hours (who will then forward them onto the claims manager and Line Manager). Actively participate in a RRTWP. Comply with all medical restrictions and the safe performance of suitable duties. A Rehabilitation Provider will be an accredited provider in line with the relevant Workers Compensation legislation/act. The Rehabilitation Provider is responsible for: Co-ordinating rehabilitation services provided to referred ill/injured workers by assisting the worker in attending appointments.

11 Shell Australia 4.0 Rehabilitation and Return to Work Procedure and Guidance Notes 29/11/2017 Role Title Employer Process Roles & Responsibilities Responsibilities Attend medical appointments regularly with the worker in order to communicate RTW or injury management issues to the medical practitioner. Liaising with the worker, the RWC, the treating Medical Practitioner, the insurer and the worker s Manager to devise, write and review the RRTWP for the worker, and update promptly in line with medical restrictions or recommendations, obtaining medical practitioner approval for any RTWP amendments. Maintaining a clear understanding of the workplace, preinjury job role duties and assist in identifying suitable duties and graduating the RTWP towards the identified RTW goal. To assist the medical practitioner in changing the RTW goal if required, and thereafter actively managing the redeployment process. Facilitate communication between parties and support the worker in remaining at work or returning to work early For workers in some Australian jurisdictions, a list of approved Rehabilitation Providers is available. Shell Health Australia has the overall responsibility for assigning qualified personnel to develop, implement, monitor and review the Occupational Rehabilitation Procedures and Program and for the provision of training for all levels of staff in the principles of rehabilitation and return to work planning. The Company is responsible for: Recognising the Health Benefits of Good Work by supporting ill or injured workers (work- or non-workrelated) in continuing to attend work or returning to work early, by actively engaging stakeholders to provide suitable duties to allow the worker to work safely within their capacity. Educating workers regarding fitness for work requirements and the procedure for returning to work with non-workrelated conditions. Educating workers about procedures in place for managing injuries/illnesses that occur at work, this includes ongoing awareness programs for workers, such as posting notices in common areas such as tea rooms and kitchens advising workers what to do if they are injured at work. These notices will provide contact details for the RWC and Agent/Insurer. Ensuring the workplace is free of discrimination affecting injured or ill workers.

12 Shell Australia 4.0 Rehabilitation and Return to Work Procedure and Guidance Notes 29/11/2017 Role Title Insurer Process Roles & Responsibilities Responsibilities Defining the objectives and requirements of Occupational Rehabilitation Procedures, and reviewing efficacy and application regularly with consultation of Health and Safety representatives and workers. Communicating the Occupational Rehabilitation Policy and Procedures to the work team and supporting its implementation. Designating a RWC for each workplace and group of workers. Having Shell s Rehabilitation Policy readily accessible to all workers and ensures that workers have adequate information about the Occupational Rehabilitation and compensation processes. (See HR Online). Allowing access to the workplace by the treating Medical Practitioner or Rehabilitation Providers if this is required for them to help fulfil their responsibilities. Insurer Notification: Notifying the insurer of workplace injuries within the specified time frame in that jurisdiction s legislation. The following Insurers are engaged for Claims Management and Rehabilitation and Return to Work for Shell workers: State VIC, NSW, TAS, WA, NT, ACT SA QLD Insurer Allianz Gallagher Bassett WorkCover Queensland (previously Q-Comp) The Insurer s responsibilities include: Contact the worker and the employer within the specified time frame in that jurisdiction s legislation, and consult with all relevant parties including the treating doctor, to ensure that the worker receives necessary assistance to recover and return to work. Provide information regarding the claims process. Assess and determine the claim, advising the worker and Shell in writing of liability determination within the time frame specified by that jurisdiction s legislation. Ensure adequate medical assessments have been obtained to develop an injury management plan for a worker with a significant injury and comply with their

13 Shell Australia 4.0 Rehabilitation and Return to Work Procedure and Guidance Notes 29/11/2017 Role Title Process Roles & Responsibilities Responsibilities obligations under the injury management plan. 6. Rehabilitation and Return to Work Procedure Rehabilitation and Return to Work Rehabilitation and return to work: Is a formalised process to assist employees to remain at work, or return to work as quickly as possible, following an injury or illness; Is mandatory where an employee has sustained a work related injury/illness and is not able to return immediately to their pre-injury duties and / or requires ongoing medical treatment; Involves the injured employee, their Line Manager, the RWC, the Treating Medical Practitioner and rehabilitation providers and Insurers (where applicable); Commences immediately following a work related injury. 6.1 Rehabilitation for Non Work Related Conditions Shell recognises the benefits of workplace rehabilitation. The provision of rehabilitation and suitable duties for non-work related conditions will be offered at the discretion of the Line Manager/Supervisor, noting that all reasonable accommodation will be considered. No expenses will be incurred by Shell for the treatment and rehabilitation of non-work related cases, other than the time and assistance provided by the RWC. 7. Initial Action 7.1 Notification of Injury/Illness It is the responsibility of all workers to report work related injuries and illnesses as soon as practicable and at least within 24 hours of incident, unless there is reasonable excuse for a delay. The Line Manager/Supervisor must be advised in the first instance to assist the worker with first aid or medical attention, to assist the worker to complete necessary documentation, and immediately withdraw the worker from duties, which may not be suitable. It is the responsibility of all workers to ensure they are fit to perform all their duties when they present for work. All non-work related injuries/illnesses or new medication must be reported. Workers must advise their Line Manager and/or Shell Health if they have an injury/illness or are taking medication, which may affect their ability to work safely. For offshore/fifo workers, this is to be before they board an aircraft to commence their journey for their next rostered swing. The Line Manager/Supervisor will escalate the incident/injury/illness to their Line Manager and the RWC and any other appropriate person, such as HSSE Advisor, OIM, Medic etc. In line with the Fitness to Work Procedures, this may trigger a health assessment to verify fitness for work and /or guidance relating to required restrictions or modifications to help protect the health, safety and welfare of the worker. The Injury/Illness Notification form, Appendix 1, must be used when a worker attends the site Nurse/Medic for any work-related injury/illness or a personal condition where the

14 Shell Australia 4.0 Rehabilitation and Return to Work Procedure and Guidance Notes 29/11/2017 worker is unfit or requires restrictions. This form is provided to stakeholders as listed on the form and details the worker s capacity and any work modification(s). 7.2 First Aid/Medical Treatment Please refer to the site Medical Emergency Response Plan for availability of onsite personnel who can assist, such as DFA, OHN, Shell Physician or Tier 2 Health Professional (Medic). Offsite providers and emergency services contact details form part of the MER Plan and additionally can be found in first aid kits. Injured workers should attend for a review with their THP as soon as practically possible, and within 24 hours of the injury or symptoms being first identified, if the injured worker: Is unable to safely resume their pre-injury duties; and / or Intends to claim Workers Compensation for the injury. 7.3 Return to Pre-Injury Duties Following a work related injury or illness, employees are to resume their pre-injury duties only where safe to do so. If the employee has required: First aid assistance, they may resume their pre-injury duties if the Line Manager is satisfied of the employees ability to do so; Medical treatment, they may only return to pre-injury duties if they have received a medical certificate stating that they are fit to resume pre-injury duties. 7.4 Unable to Return to Pre-Injury Duties Following a work related injury or illness, if the employee receives a medical certificate indicating that they are: Fit for full duties, but require medical treatment, investigations or therapies; Fit for suitable duties; or Unfit for duties; their case shall be managed in accordance with 8. Rehabilitation Case Management. 8. Rehabilitation Case Management 8.1 Principles of Return to Work Shell recognises the Health Benefits of Good Work and supports early and sustainable return to work for both work-related and non-work related injuries/illnesses. Each case will be managed on an individual basis with a collaborative approach, including: the injured/ill worker, RWC, Line Manager, treating Health Professionals, Shell Health medical professionals and, where applicable, insurers and Vocational Rehabilitation Providers. The aim is for early treatment of injury/illness, reducing the psychosocial impact of injury and illness by preserving work routine, and early and effective RTW as this is associated with better recovery rates and less risk of unemployment in the long term. 8.2 RTW and RRTWP In line with the PPM, for all work-related injuries and illnesses, the worker must advise the RWC of any change in their capacity for work or medical restrictions. The RWC or Shell Health shall also be contacted if: A. Employee has had five (5) consecutive days away from work for a medical reason; OR B. Employee has had a general anaesthetic within 48 hours of planned return to work; OR

15 Shell Australia 4.0 Rehabilitation and Return to Work Procedure and Guidance Notes 29/11/2017 C. The employee s treating doctor had suggested some restrictions to work duties; OR D. The employee s treating doctor or health professional has recommended workplace modifications [as opposed to restrictions]; OR E. The employee s treating doctor or health professional has recommended reduced hours or a graduated return to work; OR F. The employee s time off work was for a work related condition; OR G. The employee is in a Drug & Alcohol designated position and has been commenced on medication which may impair performance; OR H. If the line manager or the employee has concerns regarding fitness to work. Additionally and specifically for FIFO workers: I. If the workers does FIFO and sustains an injury or illness during their off swing resulting in them not being able to travel to site as scheduled; OR J. If the worker calls in sick, while living in company sponsored accommodation (e.g. Prelude or other offshore facility, camp accommodation in Surat) The RWC, along with the Line Manager/Supervisor/Medic, is responsible for managing, implementing and monitoring the arrangements for the worker s RTW. A RRTWP outlines the suitable duties agreed to by all stakeholders. A RRTWP details the capacity of the injured worker, noting any restrictions or modifications, in line with any medical restrictions or recommendations. The RRTWP outlines specific duties which have been identified as being suitable for the worker s functional capacity and skills. Attempt should be made to ensure these duties are meaningful, although it is recognised that the availability of alternative duties is sometimes limited. A suitable duties register should be prepared to accommodate injured/ ill workers in the workplace without delay. A RRTWP is developed collaboratively between the injured worker, their Line Manager, their treating health professional(s), RWC (and/or Shell Health), the OIM (for offshore workers) and, in the cases for those workers with a compensable injury/illness, the insurer. The RWC is ultimately responsible for preparation and implementation of the RRTWP, unless, for those workers with a compensable injury/illness, a Rehabilitation Provider is involved. In this instance, the RWC is only responsible for the implementation of the RRTWP. The RRTWP should be developed in anticipation of the worker returning to work with an agreed, signed RRTWP in place prior to the commencement of any duties. The RRTWP should include the dates for the period it covers, and be updated accordingly. The RRTWP identifies the RTW goal. The aim is to graduate the worker towards this role with progressively increasing duties and responsibilities with successive RRTWP s as their functional capacity recovers. The Shell RRTWP and Offer of Suitable Duties template is found at Appendix 2.

16 Shell Australia 4.0 Rehabilitation and Return to Work Procedure and Guidance Notes 29/11/ Suitable Duties Where reasonable practicable and possible an offer of suitable duties will be made to injured/ill workers to help facilitate their return to work and rehabilitation. In most jurisdictions, for compensable injuries/illnesses, the employer is obligated to support the worker with a work-related injury or illness in returning to work by the provision of suitable duties. Suitable duties will be: Provided as a temporary alternative to the worker s pre-injury duties until their capacity recovers; Commensurate with functional capacity; Appropriate with regard to the worker s skills and experience; As meaningful as is reasonable and practicable; Provided for the purpose of ensuring the worker is not disadvantaged by forfeiting the Health Benefits of Good Work as a result of their injury or illness. Suitable duties and RTWP s will be reviewed on a regular basis by key stakeholders and upgraded in accordance with the THP advice. A. Compensable injuries or illnesses: Where there is permanent impairment and PID are not achievable, a change in the RTW goal will be advised by the treating medical professionals. Vocational redeployment will then be effected and different role permanently chosen. A Vocational Rehabilitation Provider will assist with vocational counselling and identifying any retraining which may be required. This process will follow the Worker s Compensation regulations outlined be each jurisdiction. i. Worker obligations: As per Workers Compensation regulations in most jurisdictions, the worker is obligated to actively participate in RTW planning. Refusal of an offer of suitable duties/employment, for those workers with a compensable injury/illness, may result in their benefits suspended or reduced. B. Non-compensable injuries or illnesses: In most Australian jurisdictions, the employer is not obliged to offer alternative duties while a worker is not able to perform the inherent duties of their usual role due to being affected by non-compensable injury or illness. However, it is Shell s practice to, as far as is reasonably practicable, make reasonable accommodation for these workers in the workplace, recognising the Health Benefits of Good Work. However, the worker will not be able to perform duties which may potentially significantly aggravate or accelerate their condition or place their safety or that of others at risk. 9. Compensable Injuries and Illnesses All injured employees are entitled to make a worker s compensation claim for work related injuries or illnesses. To make a claim, injured employees are to liaise with their RWC who will assist them through the claims process relevant to the applicable jurisdiction.

17 Shell Australia 4.0 Rehabilitation and Return to Work Procedure and Guidance Notes 29/11/2017 Where a worker s compensation claim is: Accepted by the Insurer, the injury will be considered work related and rehabilitation will proceed in accordance with this Procedure. Declined by the Insurer, the injury will be considered not work related, and rehabilitation will be in accordance with 6.1 Rehabilitation for Non Work Related Conditions. Where the insurer disputes liability on a claim, the worker has a right for review. This request should be submitted in writing, along with any supporting documentation, to the insurer. Specific state requirements regarding processes exist under different state legislations. 9.1 RWC Duties For compensable injuries/illnesses the RWC must: Contact the injured employee within 24 hours of injury notification to assess the requirement for workplace rehabilitation; Obtain a reliable medical diagnosis for the injury/illness and an associated treatment plan from the THP as soon as practically possible; Obtain a signed Medical Authority Form from the injured employee to assist with the rehabilitation process; Explain the injured employee s rights and responsibilities regarding workplace rehabilitation; Assist the injured employee to lodge a Workers Compensation claim application where applicable 9.2 Worker s Compensation and Certificates To lodge a workers compensation claim, the IW must submit appropriate documentation. This includes a First Medical Certificate or Certificate of Capacity, as required by the jurisdiction, completed by a medical doctor, and a completed Workers Compensation Claim Form, completed by the worker, to their Line Manager or RWC. All claims must be forwarded to the relevant RWC, who will forward on to the insurer. Current WorkCover Certificates (Certificate of Capacity or Progress Certificates depending on jurisdiction) must be provided as soon as possible to the Line Manager or RWC, but not more than 24 hours after being received by the worker. These must be forwarded to the RWC who update the RRTWP and will forward on to the insurer. A current and valid medical certificate is required for any worker who is on rehabilitation. 9.3 Weekly Compensation Benefits Entitlement to receive compensation benefits in lieu of wages or salary when unable to attend work in full time (or usual part time) capacity will be assessed and determined by the insurer. Compensation benefits will be calculated and rates paid according to the relevant state legislation. 9.4 Medical and Related Costs All required treatment must be stated on the worker s certificate and be approved by the insurer, prior to treatment, unless emergency treatment is required. Costs for reasonable

18 Shell Australia 4.0 Rehabilitation and Return to Work Procedure and Guidance Notes 29/11/2017 medical, surgical and allied health services will be covered by the insurer at marketaccepted rates. 9.5 Attendance for Prescribed Medical Treatment Where the IW is to attend for prescribed medical or therapeutic treatment for their injury, the appointments should be made outside of work hours where applicable. This includes where the IW is on a SDP with reduced working hours. 9.6 Employee leave During Rehabilitation Before granting or approving annual or other paid leave, such as long service leave, to an IW participating in a rehabilitation program, the manager should consider the status and progress of that rehabilitation program. This is to ensure that the commencement or progress of a rehabilitation program is not unnecessarily jeopardised. 9.7 Resignation or Termination During Rehabilitation If an IW resigns or has their employment terminated whilst participating in rehabilitation and they have an open Workers Compensation Claim, rehabilitation assistance will continue in accordance with the requirements of the relevant jurisdictions legislation. 9.8 Dispute and Resolution Process A. RTW/Suitable Duties Disputes Shell aims to cooperate and interact with injured/ill workers who are obligated to actively participate in their RTW planning. In cases where a dispute regarding RTW/suitable duties does arise, a worker can raise an issue for resolution with their Line Manager or RWC. Additionally a worker s representative, treating health practitioner, RWC, Line Manager (or other supervisory staff) or occupational rehabilitation provider can raise an issue for resolution. Issues may be resolved using the following process: Liaise with the Manager Shell Health Oceania or Shell Physician (i.e. to review the case and/or to liaise with treating practitioners); Obtain from the Insurer advice and assistance; Obtain an Independent Medical or Psychiatric Examination to evaluate capacity for work; Engage a Rehabilitation Provider to conduct a workplace assessment if indicated and act as an independent (non-shell) support for the worker (the worker can participate in this selection from the agreed national list, found at Appendix 3). Apply to the Conciliation and Arbitration Service provided by the jurisdiction s Workers Compensation system regulatory body. Specific state requirements regarding processes exist under different state legislations. The Victorian process can be found at Appendix 12. B. Claim Disputes A review process for claims in dispute applies in each State. Contact details are listed as Appendix 5.

19 Shell Australia 4.0 Rehabilitation and Return to Work Procedure and Guidance Notes 29/11/ Workers Rehabilitation File A file will be kept for each worker undertaking rehabilitation and will contain copies of all relevant documentation, correspondence and accounts Case Notes Accurate and objective case notes containing a record of all communication and actions relevant to the worker's rehabilitation and return to work will be kept. 10. Off Shore and FIFO Workers In addition to this procedure, the following specifically apply to off shore and FIFO workers. Please Note, the following information in Section 8 is designed to be in alignment with requirements under Worker s Compensation Laws. These laws are subject to periodic change and thus workers should note that final liability will therefore be determined following investigation of facts by Shell s Worker s Compensation Insurer. A. Compensability of an Injury/Illness Any injuries/illnesses claimed to be work-related by a worker will be assessed by Shell s Workers Compensation Insurer with regards to liability determination. It needs to be noted that the work-relatedness of injuries differs between Australian jurisdictions, and may differ from Shell s Performance Monitoring and Reporting Guide classification of work injuries and illnesses. Shell s classification of injuries or illnesses does not necessarily correlate with acceptance of liability. The relevant regulatory body governing the Workers Compensation system in each jurisdiction should be approached for clarification if required. Temporality and employment-relatedness, and cover while travelling are particular issues, which may differ significantly. Workers are advised to understand the jurisdiction under which they fall and liaise with Shell Health or HR if they have specific questions relating to coverage. In some jurisdictions (i.e. QLD) injuries sustained between home and work may be compensable. Similarly, injuries sustained during travel to and from work may be compensable among FIFO workers; jurisdiction and the location of the incident may be determining factors in liability. B. Medical Evacuation For injuries and illnesses, personal and compensable, which require medical assessment that cannot be provided on the facility or at site, medical transport or emergency evacuation will be organised. If necessary, transport from site will be organised by the Medic in consultation with the OIM (and if required, Topside Support and/or Shell Health) to a health practitioner, hospital and/or to the workers home location (dependent on the injury/illness); In an emergency, the Medivac plan will be implemented. Where the worker is assessed onshore and requires no further assessment/treatment the worker will be returned to the facility.

20 Shell Australia 4.0 Rehabilitation and Return to Work Procedure and Guidance Notes 29/11/2017 C. RTW and Suitable Duties In addition to this procedure the following specifically apply to off shore workers. Shell will make every reasonable accommodation to provide suitable duties for workers who have restrictions due to an injury/illness. This may include an alternative Shell site, and in exceptional cases, where approved by line manager and/or business unit from home. Workers who are fit for restricted work and who do not participate in Emergency Response may be able to continue to work offshore after collaboration with the Supervisor, OIM and RWC if offshore suitable duties are identified. They need to be fit for travel and for looking after their own safety should an emergency occur. 11. Return to Work for Labour Hire Contractors Shell will co-operate with labour hire employers and comply with its obligations to facilitate a contracted worker s return to work where required under legislation and where this is reasonably practicable. It is otherwise the employing contractor who is responsible for RTW planning by alternative means. 12. Health Assessment An independent Health assessment may be requested by Shell Health (and/or in the case of compensable injuries the relevant worker s compensation insurer) where there is concern about a worker s ability to perform the inherent requirements of their role safely; with regard to their own safety and that of others. The health assessment may evaluate physical, cognitive and/or psychological factors. Failure to attend a health assessment may interfere with the obligations that Shell has under Occupational Health and Safety Legislation to ensure that the health of workers is protected in the workplace, and thus may delay provision of suitable duties and RTW. The worker must comply with any reasonable direction to attend and participate in a health assessment that seeks to clarify fitness for duty and the need for restrictions or modifications. 13. Medical Termination This involves the process by which a decision is made to terminate and not offer alternative or modified employment for an individual. It is a matter for the line management and/or the HR team, with input from a health professional. This should only be pursued after a careful consideration of the alternatives, including reasonable accommodation/modification and redeployment, and verification from the MSHO that the medical limitations are permanent and/or likely to persist for the foreseeable future. In making the latter determination, the MSHO, or other Shell Health appointed or nominated physician, may seek an Independent Health Examination. This is to ensure that the medical recommendations are accurate, and that alternative diagnoses or outcomes have been sufficiently explored. If following such a health assessment an employee is determined to be unfit for the inherent requirements of their role, and suitable duties, reasonable accommodation such as modifications and redeployment options have been explored, their employment may be

21 Shell Australia 4.0 Rehabilitation and Return to Work Procedure and Guidance Notes 29/11/2017 terminated. Any termination due to illness or injury shall consider the provisions of relevant Enterprise Agreement(s). 14. Confidentiality The worker s right to confidentiality is of paramount importance and is respected by Shell Health at all times. Shell Health does not disclose personal information without the written consent of the worker. Fitness to work information, work restrictions and modifications are discussed with the worker s Line Manager, as well as other supervisory staff, and Human Resources to identify suitable duties and ensure the wellbeing and safety of the injured/ill worker. NB: Appendices: it is recommended if printing any of the forms in the appendices, to print on Shell letterhead to ensure VI compliance.

22 Shell Australia 4.0 Rehabilitation and Return to Work Procedure and Guidance Notes 29/11/ Injury Management Process Shell Australia Ltd Worker is unable to work due to injury/illness/treatment. Medical certification is obtained outlining work restrictions Workers are responsible for: Advising their Manager of any absence; Providing appropriate medical certificate or statutory declaration; Providing evidence of their fitness to work if requested by their Manager or Shell Health; Complying with any medical restrictions; Ensuring that they are fit to perform any duties provided. Worker advises Manager/Supervisor of the incident or of ill health prior to commencing work or travel Manager/Supervisor advises RWC or Shell Health and escalates to their Manager, HR or HSSE etc RWC contacts worker and, with consent, assesses injury/ illness and commences RTW Planning. If relevant, provides WorkCover/Claims information. RWC provides advice to Line Manager on worker injury management and RTW and, if relevant, Claims / WorkCover information Shell Health (or Tier 2 Health Professional) may Contact the worker to discuss fitness to work; Request information from the workers treating health professional in order to evaluate fitness to work. For injuries which are claimed as work-related, where legislation requires, RWC/LM advises insurer of incident/injury within required time frames. Fit for Duty certification provided: Shell Health may be requested to verify FFD if there is uncertainty. Fully FIT: Worker returns to normal duties Unfit or Fit with medical restrictions: Further assessment is required by Shell Health and fitness to work information is requested from treating doctor Treating Doctor provides requested information Shell Health confirms: Unfit or Fit with Restrictions/ Modifications Work-relatedness claim: Claim documentation is submitted to workers compensation insurer for determination. Liability is accepted, declined or pended (more information is required) by insurer If pended claim; or insufficient FFD information: Shell Health provides advice and Worker sent for Independent Health Assessment assessing workrelatedness (for pended claims) and fitness capacity. Certified Fit with Restrictions: RWC and LM identify and provide suitable duties if available; until worker certified as being fully FFD.

23 Shell Australia 4.0 Rehabilitation and Return to Work Procedure and Guidance Notes 29/11/2017 Appendix 1: Injury/Illness Notification Form

24 INJURY/ILLNESS NOTIFICATION FORM Name Phone Supervisor Shell Line Manager Site Was the presentation due to a Potential Work Related Injury/Illness? Date of birth Employer Supervisor Phone HR Contact (employees) / Contractor RTWC (contractors) Date of Injury/Illness Yes If yes, who declared that it was potentially work related? Worker Comments: Supervisor Other (Specify) No Cause of Injury/illness (as described by worker) For Potential Work Related Cases only Provisional Diagnosis Treatment Provided Accommodations Required (Tick one) (Note to HSSE and Line Manager: A RWC classification may be applicable if restrictions listed here [for work related conditions] prevent the worker from performing regular work activities; regular work activities are activities normally performed at least once per week.) No Restrictions or Modifications Required Unfit for work/ totally incapacitated Restrictions or Modifications Required (**List Here & Complete Return To Work Plan) Review Date OHN/Medic signature Work Instructions This form must be completed for; 1. ALL Work Related cases presenting to site Nurses 2. For non- work related cases where the work capacity is Unfit or Restricted work ONLY Date In addition to the persons described in the table below, for potential workrelated cases also send a copy to the following Shell medical personnel Dr Arthur Stratigopoulos & Dr Nhlanhla Mpofu (QGC) Dr Catherine Hurworth and Lara Smith (Prelude) Provide copy of Shell Employees Contractors Notification Form to: Work Related Non- Work Related Work Related Non- Work Related Normal Restrictions Normal Restrictions Normal Restrictions Normal Restrictions Duties required Duties Required Duties required Duties Required Supervisor # # Shell HR Contractor HSSE or RTWC Shell HSSE Advisor Shell Site Manager* * This is the OIM / Field Manager # No need to forward to line Manager if the worker has self-referred for a non-work related issue & there is no impact on work capacity