143MEmployer to provide suitable duties after injury

### 143M Employer to provide suitable duties after injury > [*\[Section 143M Inserted by No. 85 of 2009, s. 47, Applied:01 Jul 2010\]*](/view/html/inforce/2010-07-01/act-2009-085#GS47@EN) > > > (1)  If a worker who suffers from a workplace injury is unable to perform duties for which the worker was engaged immediately before becoming totally or partially incapacitated by the injury, the worker's employer must ensure that the worker is given suitable alternative duties to perform. > > > > Penalty:  Fine not exceeding 100 penalty units. > > > (2)  When providing suitable alternative duties to a worker, the worker's employer must ensure that – > > > > > > (a) the worker has been consulted for the purpose of identifying and choosing the duties; and > > > > > > > (b) the duties are suitable, having regard to the worker's incapacity and any restrictions imposed, or advice given, by a medical practitioner, as to the type of work that the worker may perform; and > > > > > > > (c) the duties comply with the worker's approved injury management plan or approved return-to-work plan, if any. > > > (3)  [Subsection (1)](#GS143M@Gs1@EN) does not apply if it is unreasonable or impracticable to give the worker suitable alternative duties to perform. > > > (4)  An employer who is of the opinion that it is unreasonable or impracticable to give an injured worker suitable alternative duties to perform, must, as soon as practicable, provide the worker with reasons in writing for the employer's opinion. > > > > Penalty:  Fine not exceeding 20 penalty units. > > > (5)  For the purposes of this Part, suitable alternative duties in relation to a worker are those duties for which the worker is suited, having regard to the following: > > > > > > (a) the nature of the worker's incapacity and pre-injury employment; > > > > > > > (b) the worker's age, education, skills and work experience; > > > > > > > (c) the worker's place of residence; > > > > > > > (d) any suitable duties for which the worker has received rehabilitation training; > > > > > > > (e) any other relevant circumstances – > > > > > > but do not include – > > > > > > > (f) duties that are merely of a token nature or do not involve useful work, having regard to the employer's trade or business; or > > > > > > > (g) duties that are demeaning in nature, having regard to [paragraphs (a)](#GS143M@Gs5@Hpa@EN) and [(b)](#GS143M@Gs5@Hpb@EN) and to the worker's other employment prospects.