CLACKAMAS COUNTY
EMPLOYMENT POLICY AND PRACTICE

EPP # 9
Implemented: 2/24/06

EARLY RETURN TO WORK POLICY & PROCEDURE

The following Policy and Procedure is written to provide the operating guidelines for a County-wide early return to work process. A return-to-work program is an essential part of an organization’s loss control efforts.

POLICY:

It is the intention of Clackamas County to return injured employees, on a temporary basis, with the appropriate medical release, to light or modified duty at the earliest possible opportunity.

SCOPE:

This policy addresses Clackamas County employees who are injured in the course of their employment. An employee will be eligible for light or modified duty based on:

  • the employee’s medically determined physical limitations,
  • the availability of light/modified duty positions or assignments,
  • the employee’s vocational skills, additional abilities, and work experience, and,
  • specific work force needs and fiscal responsibilities of the department and the County,

Light or modified duty is provided on a temporary basis only. Unless unusual circumstances warrant, this period shall not exceed 90 days. If disability will extend beyond 90 days, DES (WC Analyst or Risk Manager) should be contacted for direction. The Benefits Manager shall also be consulted for any benefits considerations.

DEFINITIONS:

Light Duty – Work that consists of only duties that are light in nature. This may constitute choosing only a portion of the worker’s usual job that fits within a physician’s recommended release, but, it is more likely to occur when the worker’s normal job cannot be performed to the extent other “light” duties must be found, e.g. Road worker with an injured back that performs a variety of duties during the day, all of which are heavy in nature, must be moved to a flagging job because the physician’s restrictions are no work of a heavy nature.

Modified Duty – Modification of work duties that are usually within the worker’s normal job. This constitutes changing any duties that are outside the physical capacity of the worker so they fit within a physician’s recommended release. Generally, this type of duty is appropriate for situations where the essential functions of the job at injury, with modification, can still be performed, e.g. Office worker who sits most of the day sustains a back injury that results in a restriction by their physician of “sitting only for an hour at a time”. The duties that require sitting are “modified” so the person can stand and stretch every hour. Another example is the elimination of overtime for a deputy who can perform the essential functions of their job, but is released only for 40 hours per week.

PROCEDURES:

  • Light or modified duty is provided on a temporary basis only. Unless unusual circumstances warrant, this period shall not exceed 90 days. If disability will extend beyond 90 days, Risk Management should be contacted. The Benefits Manager shall also be consulted for any benefits considerations.
  • All departments should identify duties or positions/assignments that are “light” in nature. A couple of examples: In the event of a medical release that indicates a correction officer should not be exposed to potential physical altercations, the Jail has identified a position in the control booth (the place where cameras are monitored and doors are locked and unlocked) that removes the employee from this potential contact. Dog Control could identify duties in the office that would preclude someone with a shoulder injury from having to control excitable dogs. This process may require identifying how many such positions can be made available and writing a description for each that includes job duties and physical requirements. This will be coordinated by Risk Management in conjunction with the department.
  • Light or modified duty within the worker’s department should be considered first. If nothing is available, a position in another department with the same union affiliation may be considered, e.g. an employee from AFSCME WES may be provided a light duty assignment within AFSCME DTD or AFSCME C-COM. This will be coordinated through Risk Management (W.C. Analyst) when a claim arises where light/modified duty is warranted. If an injured worker can perform the essential functions of their job with modification, be sure all modifications fit within the physician’s release.
  • Physician approval of actual duties being performed is required prior to work commencing. This approval is obtained by the Risk/Benefits Division.
  • Light duty assignments will be considered in the order they are requested.
  • Regular wages during the light/modified duty period are paid by the department at injury.
  • For accepted workers’ compensation claims, reimbursement by the Workers’ Compensation Division’s Employer at Injury Program (EAIP) of 50% of the wages paid during the light/modified duty period (a maximum of three months) shall be made to the department at injury.
  • Supervision is conducted by the department in which the light/modified duty exists. If it is found that the employee cannot perform the light duty assignment due to their injury or inability to perform the work there is no discipline involved. The employee would return to their disabled status under the workers’ compensation system.
  • The employee works under the union contract where they are a member. Work schedule shall be determined by the schedule of the light/modified job. This schedule may be different than the schedule at the time of injury.
  • The injured worker will receive a letter in accordance with workers’ compensation law giving them the details of the light/modified job, schedule, compensation, and supervision.
  • Refusal of a bona fide job offer approved by the worker’s treating physician may result in a reduction or elimination of disability compensation as provided by the Oregon Workers’ Compensation Administrative rules.
  • If the light/modified duty assignment has ended (90 days has elapsed) and there is the possibility the disability may be permanent, the Americans with Disability Act may come into play. Contact DES for guidance.

EARLY RETURN TO WORK PROGRAM
BENEFITS AND OBJECTIVES

PROGRAM BENEFITS:

According to articles in various professional safety periodicals and studies conducted by professional safety and insurance organizations:

  • Injured workers off work longer than six months have only a 50% chance of returning to their job. If time loss exceeds one year, there is a 90% chance they will never return to work.
  • Return-to-work programs reduce medical costs. The injured worker heals faster, shortening the time medical treatment is required.
  • Return-to-work programs reduce legal costs. Workers are less likely to feel their rights have been violated causing them to hire legal counsel.
  • Cost reductions resulting from return-to-work programs directly impact our organization’s workers’ compensation premium rate.

An additional added benefit is:

  • Departments are reimbursed 50% of the workers’ compensation disability dollars paid to injured workers for a 90 day period while on light/modified duty. This is a program sponsored by the State as an incentive to employers to return injured workers to the job.

OBJECTIVES:

  1. Attempt to return injured workers to good health and productive employment as early as possible.
  2. Develop temporary assignments which assist workers’ return to their original positions through a gradual process.
  3. Provide an effective means for employees to continue contributing to the County’s service goals.
  4. Minimize the impact of Workers’ Compensation claims cost by reducing the amount of lost time and lost productivity of injured workers.