WorkCover NSW (or ‘WorkCover Authority of New South Wales’) is a NSW government body responsible for ensuring that all employers guarantee the safety of their employees or workers and have the correct insurance in place to cover them. It is a division of the Compensation Authorities Staff Division (CASD) – a collection of health and safety agencies. ^[1] They enforce their role by providing a list of rules that employers must follow in the form of a legal legislation. It is possible for them to enforce it by having the right to inspect workplaces to check that the legislation is being followed. It also contains the requirements to keep a hazardous chemicals register, requirements to train, instruct and provide information to staff about handling the chemicals. Some of the things work cover ensures when it inspects work places is that all employees are properly trained, have the correct and appropriate Personal protective equipment (PPE) and have the correct equipment to use.

Health and safety issues include many different aspects of the workforce. This includes raising a workplace safety issue and how to do so, the rights and responsibilities of everyone in the work place, including employers, employees and people visiting the workplace, the duty of care of people in the workforce, including planning for the prevention of accidents to people in the workplace, and what happens when these duties aren’t met. It also applies to bullying and psychosocial issues of employees and employers, and how to stop bullying, the appropriate knowledge and handling skills of different chemicals, how efficient and ergonomic the workplace is, ensuring appropriate usage of space. It also includes noise within the workforce, not exceeding the legal noise limit, and also the correct use and apt training for the use of machinery and equipment. ^[2]

If a workplace injury or disease occurs, workers and employers are protected by the NSW workers compensation scheme. ^[3] The scheme is in place to help maintain a financially viable workers compensation system that is fair and affordable for employers and improves outcomes for injured workers. The scheme is in place to give workers injured in the workplace medical and financial support. It is funded by premiums that are paid by the employers. The amount of premium that is paid by the employer depends on a few factors including the: ^[4]

• industry in which you operate
• amount of wages paid to your workers
• costs of any claims made by your injured workers and
• Dust diseases levy.

If an injury does occur in the workplace, the employer will be covered for the cost of compensation to the worker that is injured, provided the employer has a ‘workers compensation insurance policy’. Due to the workers compensation system, any injured worker may be able to get compensation in the form of: ^[5]*weekly payments

• lump sum payments for permanent impairment (and pain and suffering where applicable)
• payment of medical and hospital expenses and rehabilitation assistance.

The WorkCover Authority of NSW is responsible for providing protection to workers and employers in the form of a compensation system for work sustained injuries, which can provide:

• weekly payments
• lump sums for permanent impairment (and pain and suffering where applicable)
• payment of medical bills
• provision of legal assistance to pursue a claim
• intensive rehabilitation assistance. ^[6]

Workplace injuries must be managed to ensure that the worker recovers and is able to return to work. It not only includes treatment and rehabilitation, but also the retraining of the worker and the management of any compensation claims. The idea is that through the management of the injury, the worker may be able to return to work as soon as possible, and that all parts of an employer’s policies for the return to work program are followed. A return to work coordinator should be nominated by an employer to help injured workers to return in a safe manner. The return to work coordinator can either be an employee nominated by the employer, or a person contracted specifically for this purpose. As part of the return to work program, an employer must be able to provide suitable duties for the worker during their recovery period, so that they are still able to continue working and do not have to take time off work completely. These duties must be short term, with a goal of assisting the recovery process, must comply with the worker’s medical certificate, and finally must be agreed upon by the employer, the worker, and their doctor. ^[7] WorkCover itself also runs various programs to help injured workers in returning to work. These include:

• short periods of work experience called work trials to assist them in developing or redeveloping skills, and to build up physical and psychological fitness
• formal retraining of skills at TAFE or university if the worker is unable to find suitable work after injury
• funding to help with purchasing equipment to modify the work environment to the injured worker’s needs
• the JobCover placement program (JPP), which provides a financial incentive to another employer to employ the injured worker ^[8]In the case of a worker being injured, the employer, worker and insurer all have certain responsibilities to ensure that they are compensated, and given assistance so they can make a full recovery and return to work.

If a worker is injured, it is their responsibility to immediately report it to their employer, and the details of the incident must be added to the register of injuries – a list containing all current injuries suffered by workers, caused in the workplace. From here, if the injury is deemed serious enough, a claim can be made to the insurer. This can be made by anyone; however it must be done within 48 hours of the injury being notified. The insurer will then give the person who notified them a notification number, which can be used to track their notification. The following information must be provided:

1. worker’s information – their name, residential address, contact details and date of birth
2. employer’s information – the business name, current business address and employer contact
3. treating Doctor information – the name of the doctor or hospital where the injured worker is being treated
4. injury or illness details – the date of the injury, description of how it happened and a description of the injury itself
5. notifier information – the name of person making the notification, relationship to injured worker and contact details
6. supporting information – anything else the notifier considers necessary. ^[9]

Payments will be made to the injured worker on a weekly basis, the amount dependent on the severity of the injury. In cases where the worker is injured permanently, they may be entitled to one or two lump sum payments. The employer must send the claim to the insurer within 7 days of receiving it, and the insurer may ask the employer questions about the claim, and ask for extra documentation which must be provided before the claim can go through. A complying agreement must then be made in writing between the insurer and the injured worker. If your employer has not notified your workplace injury to the insurer or will not provide you with their workers compensation insurance policy number, you can call the WorkCover Assistance Service on 13 10 50 ^[10]

Before people and businesses undertake high risk activities in the workplace, they may be required to:

• obtain a permit
• notify WorkCover
• register certain equipment
• hold a licence or certificate of competency ^[11]

WorkCover’s Licensing Solutions Unit administer, advise, assess and approve applications for licences, permits, registrations and notifications. To be able to use explosives or fireworks, a licence must be received from WorkCover. They are in charge of the regulation of explosive chemicals, in terms of unsupervised handling, use, manufacture, storage, import, supply and transport.[5] It is illegal to be in possession of explosive and dangerous chemicals without the appropriate WorkCover license. Licenses for explosives will only be given for commercial manufacturing, mining and quarrying, and anyone applying for these licenses must have extensive background checks from police and security agencies. For fireworks, either a pyrotechnicians license, or a fireworks (single use) license is required. A pyrotechnicians license allows you to use fireworks and teach people with a fireworks (single use) license in the correct handling of fireworks. A licensed pyrotechnician must also notify WorkCover seven working days before any fireworks are used, and complete the Fireworks display: Notification of pyrotechnics/fireworks display form. ^[12] As well as explosives and fireworks, licenses must be issued for things such as asbestos removal, demolition work, and other high risk work activities. As well as gaining the respective license, WorkCover must be notified if someone is undertaking any of the following activities:

• asbestos removal
• demolition work
• fireworks displays
• importation or export of explosives or security sensitive dangerous substances
• lead risk work
• operating a major hazard facility
• storage of dangerous goods
• using carcinogenic substances at a place of work ^[13]

Allied health providers contribute significantly to improved health and also return to work outcomes for injured workers. [7] All allied health providers have to abide by administrative procedures proposed by WorkCover. Chiropractors, exercise physiologists, hearing service providers, independent consultants, osteopaths, physiotherapists, psychologists and counsellors, remedial massage therapists are all subject to these requirements. ^[14]

WorkCover NSW is responsible for the administration and enforcement of compliance with occupational health and safety, management of workplace injury and workers compensation legislation it also manages the workers compensation system. ^[15]

Acts are legislation created by parliament. WorkCover administers several acts as its main statutory function. These include:

• Explosives Act 2003
• Occupational Health and Safety Act 2000
• Rural Workers Accommodation Act 1969
• Sporting Injuries Insurance Act 1978
• Workers Compensation Act 1987
• Workplace Injury Management and Workers Compensation Act 1998
• Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987
• Workers’ Compensation (Dust Diseases) Act 1942.

As required by the Occupational Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001 a standard needs to be achieved. This is done by utilising industry codes of practice. Under the Occupational Health and Safety Act 2000 codes of practice can be made, however they need to be approved by the Minister for Commerce before they can come into effect. It is not the law to follow the codes of practice but they should be observed. Employers, workers, designers, manufacturers and suppliers should follow the codes of practice in accordance with the Occupational Health and Safety Act and Regulation. A person cannot be prosecuted for not observing codes of practives, however, if there is an offence under the Act,the breach of the codes of conduct can be used as evidence.

Fraud is often committed by a company’s employers, workers and service providers. Every year in NSW there are many investigations into suspected fraudulent activities. As a consequence of these fraudulent matters, the confidence of the community towards the system declines.

Fraudulent acts for employers can be:

• Failing to pass on workers compensation benefits to the workers
• Supplying false or misleading information to obtain a policy

Fraudulent acts for workers can be:

• Claiming their injury occurred at work when it actually happened playing sport or another activity undergone in their own time

Fraudulent acts for service providers can be:

• Submitting fraudulent invoices or providing false information

A regulation is law and, as such, employers, workers, insurers, designers, manufacturers, suppliers and others must meet their obligations under both the legislation and the regulations. WorkCover administer several regulations:

• Dangerous Goods (Gas Installations) Regulation 1998
• Dangerous Goods (Road and Rail Transport) Regulation 2009
• Explosives Regulation 2005
• Occupational Health and Safety Regulation 2001
• Sporting Injuries Insurance Regulation 2009
• Workers Compensation (Bush Fire, Emergency and Rescue Services) Regulation 2007
• Workers’ Compensation (Dust Diseases) Regulation 2008
• Workers Compensation Regulation 2010

Australian standards outline safety requirements and give guidance to people working in certain areas or people that use certain equipment. When incorporated into legislation these standards become legally binding. Under NSW law, a variety of systems, equipment, products and materials must meet Australian Standards. The establishment of standards ensures that particular requirements are met. The requirements that are outlined are quality, performance, construction design, endurance time specificity, systems or processes and certain hazards and controls.

As of January 2012, work cover will enforce an updated version of the laws, containing a model act, regulations and codes of practice. This is aimed at providing rights for health and safety to everyone in the workplace as well as providing them the opportunity to give their opinion of their workplaces health and safety practices without having to worry about speaking out about an issue. ^[16]The new legislation is over 500 pages and contains 18 schedules. The new legislation was open for public comment between the 7th of December 2010 and the 4th of April 2011 and is now before parliament. ^[17]Some of the important new features the legislation will include changes to the laws involving PCBU's reasonably, control of hazardous work, plant and structure requirements, construction restrictions, labelling and classification of hazardous chemicals and a few changes to those regarding mines which of March 14, 2011 was unreleased. ^[18]