WORKSAFE Victoria has provided details on the role of Return to Work (RTW) Inspectors and how they support and enforce return to work in the workplace.
RTW Inspectors are trained to carry out workplace inspections to ensure employers meet their return to work obligations, including such tasks as promoting effective occupational rehabilitation of injured workers. They aim to ensure workers sustainably return to work as soon as possible.
If the employer is not compliant with return to work legislation, RTW Inspectors provide the information required to help the employer meet their obligation.
They can also provide additional advice and guidance to assist in rehabilitating the injured workers. In some cases, the Inspectors will refer non-compliance for further investigation and enforcement.
RTW Inspectors are guided by return to work legislation such as parts of the Accident Compensation Act 1985, and the WorkSafe Victoria guidelines for the preparation and revision of return to work plans.
Mostly, Inspectors visit workplaces where an injured worker with an accepted workers’ compensation claim has been unable to return to work, despite being certified as having the capacity to do so.
Priority is also given to visiting employers with injured workers who have had an incapacity for work that is greater than 20 days.
Employers who are not complying with their return to work obligations may also be subject to a visit.
Once an employer has been identified for a visit, a RTW Inspector will contact the employer indicating that a visit will be made to their workplace. If the visit involves a particular injured worker’s claim, the Inspector will also contact the injured worker to give them an opportunity to provide feedback on their return to work.
If the injured worker is back at work, the Inspector will ask to speak to the injured worker during the visit. An injured worker is not obliged to speak with an Inspector if they do not wish to.
Both employer and injured worker can be accompanied by a representative during the visit.
During a workplace visit, the Inspectors will identify themselves, their role, and explain the reason for their visit. They can request to see the file relating to the injured worker’s claim, obtain information on what is being done to facilitate return to work, check for a written Occupational Rehabilitation Program, Risk Management Program, register of injuries, and informational poster.
It is an offence to obstruct or hinder the RTW Inspector in legislated tasks, or refuse or fail to comply with a requirement made by the Inspector without reasonable excuse. Assaulting, intimidating or threatening, the Inspector, or attempting to do so, is also a prosecutable offence.

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