RETURN TO WORK

WORKS

FOR YOU & YOUR EMPLOYEES

Lowers your cost

Eliminates lost time

Helps employees recover
 Contents

MESSAGE TO EMPLOYERS .......................................................................................3

OUTLINE OF A BASIC RETURN-TO-WORK PROGRAM ................................................4

SECTION I: COMMITMENT - Getting Started ............................................................4

Benefits of Early Return to Work for Employers ........................................................ 5

Benefits of Return to Work for Employees ................................................................. 5
Defining Your Policy .................................................................................................... 6
Safety and Loss Prevention ......................................................................................... 7

SECTION II: EDUCATION – Changing Expectations ...................................................8

Who Does What, When, and How .................................................................................. 8

SECTION III: COMMUNICATION - Positive and Continuous .................................... 10

Maintaining the Employer-Employee Relationship .................................................. 10

Communicating with the Treating Doctor ................................................................ 11
Claims Adjuster/Insurance Carrier and Employer .................................................... 12
Making a Bona Fide Offer of Employment................................................................ 13

SECTION IV: WORK ASSIGNMENTS - Real Work, Not “Light Duty” .......................... 14

Tools for Making Appropriate Work Assignments.................................................... 15

Using the Physical Demands Task Analysis ............................................................... 15
Identifying Task Demands ......................................................................................... 18
Redesigning Tasks for Return to Work and to Prevent Injury ................................ 21

SECTION V: RESOURCES FOR SERIOUSLY INJURED EMPLOYEES .............................. 22

SECTION VI: RETURN-TO-WORK ASSISTANCE FOR SMALL EMPLOYERS ................... 23

SECTION VII: INTERRELATIONSHIPS OF THE AMERICANS WITH DISABILITIES ACT

(ADA), FAMILY MEDICAL LEAVE ACT (FMLA), WORKERS’ COMPENSATION AND
RETURN TO WORK ................................................................................................ 23

Contact Information .............................................................................................. 24

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MESSAGE TO EMPLOYERS
This booklet is provided to help employers develop and implement effective return-to-
work procedures suitable to their individual business needs.

The longer your trained and experienced employee is away from work due to a job
related injury, the higher your workers’ compensation costs, staff turnover and
absences will be. Medically unnecessary time away from work is eliminated when your
injured employee continues to do productive work while they recover.

The following information is provided to educate employers on the importance and

benefits of early return-to-work and the elimination of unnecessary lost time. The
booklet covers the components necessary for successful return-to-work efforts and
includes suggestions for making appropriate productive work assignments, sample
forms, and letters. There are suggestions for addressing some of the challenges often
faced by employers in getting their injured employees back to work. The more
employers understand workers’ compensation and the vital role employers play in
managing costs, the better off employers and their employees are.

Any information provided may be copied or changed to fit individual needs. Employers
are encouraged to consult legal counsel, their insurance carrier, or other experts when
establishing policies or making decisions related to individual situations. In addition,
other state and federal laws may apply.

For more information, please go to the Division of Workers’ Compensation website at

http://www.tdi.texas.gov/wc/indexwc.html. For additional assistance, questions or to
arrange for a consultation or seminar, contact Pat Crawford at
pat.crawford@tdi.texas.gov or call (512) 804 4683.

THE TEXAS WORKERS’ COMPENSATION ACT

(83rd Legislature, 2011)

Sec. 402.021 GOALS; LEGISLATIVE INTENT; GENERAL WORKERS’ COMPENSATION

MISSION OF DEPARTMENT.

(a) The basic goals of the workers’ compensation system of this state are as follows:

(4) each injured employee shall receive services to facilitate the employee’s
return to employment as soon as it is considered safe and appropriate by the
employee’s health care provider.

(b) It is the intent of the legislature that, in implementing the goals described by
subsection (a), the workers’ compensation system of this state must:

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 (2) encourage the safe and timely return of injured employees to productive
roles in the workplace;

OUTLINE OF A BASIC RETURN-TO-WORK PROGRAM

This is an outline of the primary elements necessary for an effective return-to-work
process. Additional information to assist you with developing each element is included
in the text of this booklet.

I. Employer Commitment to Return to Work: Changing Expectations

A Written return-to-work policy statement
B Policy decisions
C Supervisor and management training
D Accountability for supporting the return-to-work process
E Identify coordinator to assure good communication
F Involving employees(spreading ownership and support for program)
II. Education: Informing all employees before injury occurs
A Your return-to-work policy, purpose, and procedure
B What you expect your employees to do if they are injured
C What they can expect you to do
D What you expect your insurance carrier/claims adjuster to do
III. Communication: After an injury occurs
A With the injured employee who misses time from work
B With the employee who has returned with restrictions
C With the treating doctor
D With the claims adjuster
IV. Work Assignments
A Job Task Analysis – getting prepared
B Making assignments, transitional or permanent
C Monitoring progress

SECTION I: COMMITMENT - Getting Started

It starts at the top! You, your managers, and supervisors must all be equally committed
and held accountable for supporting your return-to-work expectations.

Commitment means that you will do your best to provide medically appropriate work
for your employees while they are recovering from a work related illness or injury. If an
employee has functional restrictions, they can usually continue to do some kind of work
that has value for your business. Often, they can continue to do at least part of the
regular work that they do every day. You may not be able to provide work that fits the
doctor’s instructions every day; however, your employees should expect you to be
consistent and diligent in your continuous efforts to find suitable work throughout the
duration of their recovery. Employees should expect that they will be brought back to

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work as soon as possible after an injury. Your commitment is the first step in creating
this expectation.

The value to your business of having a trained, experienced employee continue to

contribute to the success of your business is immeasurable compared to having that
same employee stay off work unnecessarily. Making appropriate work assignments is
discussed later on in this booklet in Section IV.

Having a written policy statement reinforces your commitment. Post your written policy
statement where it can be seen at all times. Provide a copy of the policy statement to all
employees. This will help create and enforce the expectation of being brought back to
work after an injury. Have your employees sign and date the document and retain it in
personnel files. Talk about return to work often. Keep return to work at the forefront. A
sample policy statement follows this section.

Reinforce your commitment with posters, discuss your policy at employee meetings,
and include information about return to work in new hire orientations, in newsletters or
by other means. Return to work is a benefit you can be proud to provide. Involving your
employees in the creation of your procedures, in developing job task analysis
information, in finding work assignments, and in discussions will encourage employee
support for the policy.

Help your supervisors and managers understand the importance of return-to- work to
your business as well as to your employees. Hold them accountable for providing work
assignments, whenever possible, to support return-to-work efforts. Reducing workers’
compensation costs can free up funds for other important things such as business
expansion, benefits, salaries, new equipment, and even job retention.

Benefits of Early Return to Work for Employers

• Workers’ compensation costs are significantly reduced when Temporary Income

Benefits (TIBs) cease to be paid or are reduced when an injured employee works
during their recovery;
• Medical costs may be lower and recovery time may be shortened;
• Decreased loss ratios and experience modifiers help reduce premiums;
• Retain trained workforce and reduce turn over;
• Avoid recruiting and training costs of hiring replacement employees;
• Pay wages for work instead of your insurance carrier paying benefits.

Benefits of Return to Work for Employees

• Recovery time may be shortened;

• Concerns about continued employment may be eliminated;
• Loss of physical fitness due to inactivity may be averted;

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 • Full or partial wages are earned bringing the injured employee’s income closer to
pre-injury wages;
• Retain job skills and not fall behind at work;
• Less likely to experience secondary complications such as depression that may
delay or complicate recovery;
• Permanent disability associated with the injury is more likely to be reduced;
• Maintain employment related benefits and seniority;
• May require less medical care and medication;
• Family and social lifestyles may be better maintained; and
• More likely to retain employment;
• May better avoid financial difficulties.

Studies show that employees who miss work for six months because of a job related
injury have only a 50 percent chance of ever returning to work. Employees who
continue to do medically appropriate work while they are recovering are more likely
to remain employable throughout their lifetime. The longer an employee is away
from work, the more difficult returning to work becomes.

Defining Your Policy

• Designate someone to coordinate your return-to-work activities. This person can

help assure that information is received and disseminated to the correct
individuals, answer questions, talk to the claims adjuster, doctors, the injured
employee, and supervisors, and generally coordinate the successful return to
work of injured employees. Make sure that everyone knows who the responsible
person is and how to communicate with him or her. Everyone should clearly
understand the duties and responsibilities of the designated contact.

• Determine the maximum length of time you will be able to provide, offer, and/or
consider providing modified/restricted work. Be sure to consider and coordinate
with other policies such as attendance, leave of absence, and FMLA, ADA or
other requirements when establishing timelines. Every employee should clearly
understand your policy. As with all policies and procedures, be sure to be
consistent in applying the policy.

• Determine the maximum length of time you will be able to hold an employee’s
job for them if they have to miss work for any reason, whether personal or due
to a work related injury. If your business is subject to the provisions of the
Family Medical Leave Act (FMLA) make sure you are in compliance with those
requirements. Again, consistency is important. Your employees need to know
what to expect.

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Safety and Loss Prevention

Preventing accidents helps reduce and control your workers’ compensation costs.
Supervisors, managers and all employees should be held accountable for working safely
and maintaining a safe workplace. The Texas Department of Insurance, Division of
Workers’ Compensation (TDI-DWC) has extensive resources to help employers create or
fine tune safety and loss prevention policies, provide training, consultations,
publications, and much more. Information about these employer resources is available
at http://www.tdi.texas.gov/wc/indexwc.html.

Your insurance carrier is also a resource to help you develop and maintain a safe
workplace. Talk to your insurance carrier about the services that can be provided.

SAMPLE – RETURN-TO-WORK POLICY STATEMENT This document is meant only as

an example and may be changed as desired

A. (Company letterhead)

To All Employees:

(Company name) is committed to providing a safe workplace for our employees.

Preventing workplace injury is one of our primary goals.

If an injury should occur, our policy is to provide opportunities for every

employee to remain at work or to return to work as soon as medically possible
following an injury. If you are not able to do all or part of your regular work while
you are recovering, we will attempt to provide other work assignments in
accordance with your doctor’s instructions.

Employees are urged to talk with their supervisor to determine what

opportunities there are to continue working or what might be done that would
allow return to work following an injury.

(Signature of President/CEO/Manager) (Title and date)

B. (Company Letterhead)

To All Employees of (company name):

(Company name) will make every reasonable effort to provide suitable return-to-
work opportunities for every employee who is unable to perform his or her
regular job due to a work-related injury. Work assignments provided for an
employee while they are recovering will be made in accordance with information
provided by the employee’s doctor.

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 Assignments may include modifying the employee’s regular job or assignments
to other duties depending on the injured employee’s capabilities. Only work that
is considered productive and meaningful will be assigned.

(Signature of Owner/CEO/Manager) (Title and date)

SECTION II: EDUCATION – Changing Expectations

Before Any Injury Occurs

Your employees must understand your return-to-work policy and expectations, and why
early return-to-work is important to them and to the company. The more your
employees know about return-to-work, the more successful your efforts will be.
Eliminate surprises and opportunities for misunderstanding by providing information
before it is needed. Involve employees as often as possible in the development and
implementation of your policy and procedures.

You may want to have employee meetings to discuss your policy. If you have a
newsletter, include articles about return-to-work and your procedure. The more your
employees are involved and understand, the more supportive they will be.

Consider providing your employees with basic information about workers’

compensation benefits and the workers’ compensation system before they need it.
Information is available at http://www.tdi.texas.gov/wc/indexwc.html. Your insurance
carrier can also provide information to you. Helping your employees understand what to
expect can help alleviate misconceptions and unfounded expectations.

Who Does What, When, and How

Everyone needs to know what to do and what to expect when an injury occurs. Provide
information an employee will need should they be injured. You may want to have
written roles and responsibilities posted where they are easily seen and referred to.
Some of the things you may want to included are:

• how and when to report an injury;

• who to report the injury to;
• employees are expected to talk to their doctor about returning to work;
• employees are expected to follow their doctor’s instructions at home and at
work (this is important for their recovery); and
• any policies or reporting requirements you have.

In addition, employees need to know what they can expect to happen after an injury
and what they can expect you to do. For instance, tell them that:

• you will investigate the incident in accordance with your safety program;

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 • employees need to know ahead of time that, if they have to be away from work,
you (or your designee) will be calling to keep in touch with them to answer
questions, provide information, discuss return-to-work possibilities, and
generally maintain a positive and reassuring employee-employer relationship;
• employees should expect you to talk with them and to their treating doctor
about return-to-work opportunities throughout the treatment of their injury;
• provide the name and contact information of the designated person responsible
for providing or getting information from the injured employee, doctor, claims
adjuster, supervisor, etc., and coordinating return-to-work efforts to ensure
employees know your expectations about communicating with you;
• assure employees that you will assign only work within their doctor’s instructions
while they recover;
• make sure employees are aware of any other policies that are relevant, such as
leaves of absence and FMLA;
• inform employees that all injuries must be investigated by your insurance carrier
before any benefits that may be due or medical bills are paid and that a
representative from your insurance company may contact them for this purpose.

Employers often neglect to tell employees about the claims adjuster’s role. Receiving an
unexpected call from an insurance company can immediately create distrust and
suspicion which can complicate or delay resolution of claims-related concerns and
return-to-work.

Claims Adjusters, Case Managers, Treating Doctors, and all Health Care Providers share
the responsibility for promoting, encouraging, and facilitating return to work

Your Claims Adjuster

Explain your return-to-work policy to your claims adjuster and clarify your expectation
for their support in getting injured employees back into the workplace. Your claims
adjuster is required to offer to provide you with return-to-work coordination services to
assist you in returning the injured employee to work. The claims adjuster is required to
review claims to determine whether a case manager would help facilitate return to
work. Ask the claims adjuster whether there is a case manager assigned to the claim. If
so, make sure you are in communication with the case manager. Disability duration
guidelines are a helpful tool available to your adjuster to help monitor the employee’s
time away from work. Be sure to ask your adjuster to consult the guidelines when
monitoring the claim.

You or your designated representative should accompany your insurance carrier

representative to any workers’ compensation dispute resolution hearing. It is always
helpful for you to be present to monitor dispute proceedings and provide clarification or
information if requested or as needed.

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Treating Doctors
Inform doctors working with your employees about your return-to-work policy and your
desire to work with them and your injured employees to minimize time away from
work. Consider going to visit the doctors and/or the doctors’ staff to make sure they
have a clear understanding of your return to work policy. Most of the time the only
information the doctor has about your workplace comes from the injured employee. As
soon as possible after an injury, provide the doctor with detailed information about the
employee’s regular job and work requirements. Provide a Job Task Analysis describing
the employees regular work assignment. Information about preparing a Job Task
Analysis is in Section IV of this booklet. Often a visit to the doctor’s office can greatly
improve the working relationship and communication between you and the doctors
who treat your employees. More information about communicating with treating
doctors, the requirements and privacy restrictions is provided in Section III:
COMMUNICATION, of this booklet.

SECTION III: COMMUNICATION - Positive and Continuous

Poor communication or lack of communication is a primary barrier to successful return
to work.

Maintaining the Employer-Employee Relationship

It is easy for an injured employee who cannot immediately return to work to become
“disemployed” or disconnected from their employer. The longer an injured employee
remains off work, the more probable it is that this detrimental separation will occur.

Your designated coordinator can maintain regular supportive and caring

communication throughout the duration of lost time. Expressions of sincere regard for
the employee’s quick recovery help the employee feel valued and missed. Let your
employee know that they are missed and discuss possibilities for returning to work.
Regular communication could include notices about company events, news about
awards, birthday and get well cards, and newsletters. Invite your absent employee to
company events such as company picnics and birthday celebrations. Be sure to ask the
employee if they have any questions or if any assistance is needed. Make sure that they
know how to contact the claims adjuster and ask whether the claims adjuster has been
in contact with them.

Involve them in their own recovery by involving them in decisions that affect them. Ask
their ideas about what could be changed with their job or workplace that would enable
them to return or to continue to work while they recover. Discuss and consider offering
a temporary part-time schedule or reduced production requirements. Other
possibilities for assignments appear later in this booklet.

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After your injured employee returns to work, it is important to continue regular
communication. Visit their worksite. This is an opportunity to reassure them that you
continue to be interested in their recovery and that you want to make sure that they are
not feeling pressured to do more than their doctor has recommended. Recognize that
there may be good days and not so good days where an employee may need to briefly
reduce some of their activity. As their recovery progresses, you and your employee can
work together with the doctor to help the employee transition back to their pre-injury
work.

Communicating with the Treating Doctor

In order to determine whether there is appropriate productive work available for your
injured employee, you need information from the doctor about the employee’s ability
to carry out varied work-related functions.

The doctor is required to provide you with a completed DWC Form-073, Work Status
Report, for this purpose. The doctor is required to send you a copy of the report after
the first visit with the employee and periodically thereafter. This form should clearly
define what the employee can do and what they should not do while they are
recovering. Compare the information from the doctor to the employee’s regular job task
analysis (SECTION IV: WORK ASSIGNMENTS) to determine if there are parts of their
regular work they could still perform. The best option is to return the employee to their
regular work environment as often as possible. If this is not possible, use the
information from the DWC Form-073 to determine other appropriate work.

Conversations between you and the doctor may be necessary to assure a clear
understanding about your employee’s capabilities and limitations. Tell the doctor that
you are interested in providing a transitional return-to-work opportunity for your
employee. Discuss the possibility of part-time work or other work options with the
doctor. The DWC Form-073 is available on the TDI website at
http://www.tdi.texas.gov/wc/indexwc.html.

Even if the doctor has specified that the employee be completely off work, review the
information about the employee’s functional capabilities and restrictions to see if you
have appropriate work available. Then talk to the doctor to discuss the possibility of the
injured employee returning to work. If the doctor has not provided information about
restrictions or limitations, follow up with the doctor to get clarification.

The more the doctor knows about the employee’s regular job and the sooner the doctor
has the information, the better decisions the doctor can make. Immediately after an
injury, provide the doctor with a Job Task Analysis for the employee’s regular job. Often
an injured employee can continue to perform part of their regular work while they are
recovering. Understanding exactly what an employee is required to do to get their work
done will help employers and doctors make appropriate return-to-work decisions. More
information about Job Task Analysis and making assignments follow in Section IV.

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At some point during treatment, the doctor may request that you complete and submit
a DWC Form-074, Description of Injured Employee’s Employment. This form asks for
detailed information about the employee’s regular work requirements. You may use this
form or send your own form, or a Job Task Analysis. It is important to remember to
send this information as soon as an injury occurs and not to wait until a doctor may
request it. A copy of DWC Form-074 and instructions for completing and submitting the
form are available on the TDI website at http://www.tdi.texas.gov/wc/indexwc.html.
However, as stated above, sending a Job Task Analysis immediately to the treating
doctor can help eliminate unnecessary lost time and assist the doctor in making a well-
informed return-to-work decision.

Employers are not entitled to all health-related information from the doctors treating
their employees. However, clearly understanding any limitations and functional
capabilities, as determined by the doctor, is essential so that you can make appropriate
work assignments. Some doctors may be reluctant to provide information to you citing
the Health Insurance Portability and Accountability Act (HIPPA) privacy restrictions. The
exchange of workers’ compensation-related medical information is exempted by HIPPA;
however, to avoid delay, you may want to have your employee sign a Release of
Medical Information pertaining directly to the specific injury. A sample form for release
of medical information follows this section. Knowing what the doctor believes the
injured employee can and cannot do during recovery is essential in making appropriate
return-to-work decisions.

Claims Adjuster/Insurance Carrier and Employer

You and your claims adjuster should communicate regularly about all workers’
compensation claims, particularly when an employee is missing work. Your insurance
carrier works for you. If you don’t hear from your claims adjuster, then you should
initiate the contact. Remember, this is your employee and the longer the employee is
away from work, the higher your costs are going to be. Regular communications are
essential to monitor the progress of the claim and to facilitate return to work.

Your insurance carrier is required, by the Workers’ Compensation Act, with your
agreement, to provide return-to-work coordination services on an on-going basis to
facilitate your injured employee’s return-to-work. Return-to-work coordination services
may include such things as assistance with preparing a job analysis to identify physical
demands of a job, job modification and restructuring assessments, or case
management.

All lost time claims must be reviewed by your insurance carrier to determine whether
case management might be helpful in returning the employee to work. If a case
manager is assigned to a claim, make sure that you and the case manager communicate
and discuss return-to-work possibilities.

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Make sure that your claims adjuster knows that you have a return-to-work process and
that you expect their support of your program. Be aware of any disputes within the
claim and make sure that you attend any hearings that are scheduled. Attending the
hearings provides you with the opportunity to answer questions, correct any erroneous
information, and possibly participate in resolution of some issues.

Making a Bona Fide Offer of Employment

Employers may want to make a written Bona Fide Offer of Employment. For an offer to
be considered to be “bona fide”, all required information, as specified by TDI-DWC rule,
28 Texas Administrative Code (TAC) §129.6 must be included. If an injured employee
refuses a written Bona Fide Offer of Employment, benefits may be reduced or
suspended by the insurance carrier. Before making a bona fide job offer, coordinate
with your claims adjuster to make sure all requirements are met and that the insurance
carrier is aware of the Bona Fide Offer of Employment. A copy of 28 TAC §129.6 can be
found on the TDI website at http://www.tdi.texas.gov/wc/indexwc.html.

SAMPLE RELEASE OF MEDICAL INFORMATION

I, (employee’s complete name), am requesting my treating doctor, (doctor’s name) to
provide my employer, (employer name), with information pertaining to my work-related
injury that occurred on (date of injury).

This information will be helpful in facilitating my return to appropriate productive work

as soon as I am able.

No other confidential information may be released without my written consent. This

release of information is valid until I am released from treatment for this injury or fully
released to return to work.

(employee signature)

Date:

(date of birth)

(name of employer)

(address and contact information of employer)

(signature and title of employer and date)

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SECTION IV: WORK ASSIGNMENTS - Real Work, Not “Light Duty”
The primary goal is to return the injured employee to his or her original job as soon as
possible.

Consider whether the employee can continue to do some of their regular work while
they are recovering. You benefit from their experience and they remain in their normal
work setting. For example, if an employee cannot lift 20 pounds, let them do everything
else they do every day except the lifting while they recover. Even if they work part time,
it is beneficial because your costs are lower, you will pay wages for necessary work
instead of your insurance carrier paying temporary income benefits, and your employee
will remain active and recover faster while remaining a productive member of your
workforce.

Most return-to-work assignments are short term in nature and rarely require any
expenditure by the employer. The majority of injuries are sprains, strains and bruises.
These injuries heal over time and rarely result in the complete inability to perform any
type of work. This is a situation where employers can make a difference.

An appropriate work assignment contributes to the employee’s recovery by keeping the

employee productive, socially involved, and active. Work becomes an important part of
their medical treatment. Assignments must be in accordance with the doctor’s
instructions and should be productive useful work.

Using the information provided by the doctor, an employer can determine what the
employee can do and should not do while they recover. If the doctor’s Work Status
Report (DWC Form-073), does not provide all of the information you need, talk directly
with the doctor to get clarification.

Prepare ahead by developing a Job Task Analysis for jobs that most frequently have
injuries so that they are ready should an injury occur. Having a Job Task Analysis already
prepared will help you quickly determine the tasks and functions required to perform
various jobs and make it easier to determine what work might be available should the
injured employee be unable to perform his or her regular job.

The first step in developing a Job Task Analysis is to identify and review the actual task
requirements of the employee’s regular job. Every job consists of a series of tasks or
functions. Involve your employees in developing the Job Task Analysis. They know the
most about what is required to do the work and probably have ideas about how to
improve those requirements. Their involvement also helps focus on safety and
prevention.

Temporary alternative work assignments can be the bridge back to regular employment.
Temporary modifications to their regular job such as schedule changes, reduced hours,
or sharing parts of work with other employees are effective considerations. Alternate

14
assignments must be productive. Demeaning or “make work” assignments will defeat
the purpose and could be seen as punishment.

Consider jobs or tasks that need to be done, but rarely are accomplished due to lack of
time or personnel. Consider the injured employee’s past experience and skills.
Alternate assignments are an excellent opportunity to provide cross training to
employees. Cross training provides your business with flexibility by expanding expertise
and know how throughout your staff. Perhaps someone is absent. Consider whether
the injured employee can do some or that entire job until the absent employee returns.
Temporary transfer to another regular position that meets the injured employee’s
medical restrictions is another choice.

One of the best sources for determining work assignments is the injured employee. Ask
what they think could be done with their job so that they can continue to work. They
know more about their job requirements than anyone. The employee may have ideas
about adjustments that could be made to their work station or in the manner in which
the work is normally done. There may be more than one way to do a job. Just because
the work has “always” been done a certain way, does not mean there are not viable
alternatives.

Involve other employees. Ask them what the injured employee could do to help them
do their jobs so that they can be free to do the parts of the injured employee’s job that
he or she is unable to do while they are healing. The more involved your employees are,
the more supportive of the policy they will be.

Tools for Making Appropriate Work Assignments

A Job Task Analysis provides the basic framework on which assignments can be
determined. Employees who perform the work are most familiar with how the work is
done and are a valuable resource in completing the task analysis. Involving your
employees in creating a task analysis for their own jobs helps develop their ownership in
your return-to-work efforts. Your employees can help identify possible modifications or
changes leading to improved safety by identifying potential hazards and ways to prevent
them. Having this information prepared prior to injury will expedite the determination
of appropriate assignments and facilitate return to work.

The following pages provide information and tools to help you begin to focus on and
identify the various tasks that make up a particular job.

Using the Physical Demands Task Analysis

Having Job Task Analysis available will help you make quick determinations about work
assignments. Many types of assessment and analysis tools are available. This
assessment asks you to describe each task required to do a job and identify physical
demands and environmental conditions. Once you have the task requirements

15
identified, be sure to review them periodically to keep them updated. Your employees
can assist you in keeping up with any changes in the way their jobs are done.

Follow these steps for completing the analysis and assessment:

1. Use these definitions to complete the top of the form:

Task title: Name of the task being assessed.

Date: Date the form is completed.
Task duration: Length of time or hours the employee spends doing this task in
one day.
With breaks: Does the employee take breaks, length of breaks and frequency?
Overtime: Average hours of overtime employee typically works per day/week.
Task description: Brief description of task. (Use task inventory form to list the
steps for each task.)

2. Fill in Sections 1 through 5 and make comments.

1. Postures: Observe the employee’s postures (standing, sitting, walking or

driving) during the task. First, circle the number of hours or length of time the
employee stays in the posture without changing. Second, circle the total
(cumulative) number of hours or length of time that the employee is in a posture
while doing this task during the day.

2. Lifting and Carrying: Observe any manual lifting and carrying during the task.
For each category of weight, mark how frequently the weight must be lifted or
carried. If the employee never lifts this amount of weight, mark “0 percent”. If
the employee lifts this weight less than one-third of the day, mark
“occasionally”; between one third and two thirds of the day, mark “frequently”;
and more than two thirds, mark “constantly”. For each weight, note how high
the load must be lifted and how far the weight is carried.

3. Actions and Motions: Observe the different actions and motions during the
task. Write a description that explains why the employee must take action or
motion. Show total amount of time during the day the employee spends
performing each action or motion using the following definitions.

Pushing: Moving an object away from you, including kicking, slapping,

pressing, and striking an object. Example: pushing a dolly.

Pulling: Moving an object toward you, including jerking or sliding an

object. Example: Dragging a box across the floor.

Climbing: Using legs, arms, hands or feet to move up or down a structure

such as stairs, ladders, scaffolds, and ramps. Example: Climbing a
telephone pole.

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Balancing: Moving in a manner that requires you to keep from falling
because of unstable surfaces such as slippery, moving or narrow
spaces.

Bending: Using your back and legs to bend forward and downward.
Example: Leaning over a car engine to do a repair.

Twisting: Rotating your upper body in a different direction than your lower
body. Example: reaching behind you to pick up parts.

Squatting: Lowering your body by bending at knees.

Crawling: Moving forward while on your hands and knees.

Kneeling: Lowering your body onto one knee or both knees.

Reaching: Moving your hands and arms toward an object at arms length in
any direction from the body.

Handling: Using hands to hold, grasp, grip or turn an object.

Fingering: Using your fingers to pinch, pick or manipulate objects, especially

small ones.

Feeling: Using hands and fingers to perceive the shape, size, texture,
temperature or other characteristic of an object.

Repetitive: Using your feet, legs, hands, arms, etc. continuously in the same
motion or motions.

4. Equipment: Observe any equipment, tools or machinery the employee uses

during the task. Describe the name or type of each tool or piece of equipment.
Mark how often it is used: never, occasionally, frequently, or constantly. Note
any information about the physical demands of operating the tools or
equipment.

5. Environmental Conditions: Observe the environment the employee is

exposed to during the task such as vibration, noise, heat or cold. For each
condition, describe the specific type of environmental condition and list the
frequency or exposure. Note any other information about the physical demands
of working in this environmental condition.

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IDENTIFYING TASK DEMANDS

Task Title:
Date:
Duration of task (hrs/day):
Breaks:
Average Overtime (day/wk):
Task description:

1. Postures
Posture 1/2 1 2 3 4 5 6 7 8 8+

Stand: at one time 1/2 1 2 3 4 5 6 7 8 8+

Stand: total hours per day 1/2 1 2 3 4 5 6 7 8 8+

Sit: at one time 1/2 1 2 3 4 5 6 7 8 8+

Sit: total hours per day 1/2 1 2 3 4 5 6 7 8 8+

Walk: at one time 1/2 1 2 3 4 5 6 7 8 8+

Walk: total hours per day 1/2 1 2 3 4 5 6 7 8 8+

Drive: at one time 1/2 1 2 3 4 5 6 7 8 8+

Drive: total hours per day 1/2 1 2 3 4 5 6 7 8 8+

Comments:

2. Lifting/Carrying
Weight Not Occasionally Frequently Constantly Height Distance
present 0 - 33% 34 - 66% 67 - 100% of Lift of Carry
0%
1-10 lbs.
11-20
lbs.
21-50
lbs.
51-100
lbs.
100+ lbs.
Comments:

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3. Actions and motions:
Actions or Not Occasionally Frequently Constantly Description
Motion present 0 - 33% 34 - 66% 67 - 100%
0%
Pushing

Pulling

Climbing

Balancing

Bending

Twisting

Squatting

Crawling

Kneeling

Reaching

Handling

Fingering

Feeling

Repetitive:

Hand
motion

Foot motion

Other

Comments:

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4. Equipment
Equipment Not Occasionally Frequently Constantly Description
present 0 - 33% 34 - 66% 67 - 100%
0%
Tools

Machinery

Equipment

Comments:

5. Environmental conditions
Environmental Not Occasionally Frequently Constantly Description
Condition present 0-33% 34-66% 67-100%
0%
Vibration

Noise

Heat

Cold

Wet/humid

Extremely dry

Moving parts

Chemicals

Electricity

Radiation

Other

Comments:

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REDESIGNING TASKS FOR RETURN TO WORK AND TO PREVENT INJURY

As mentioned earlier, changes often can be made in the way a job is performed so that
an injured employee can return to work. When unsafe aspects of a task are identified,
the task should be redesigned to prevent injury. Solutions are often simple and
inexpensive. Ask your employees for recommendations and suggestions. Remember,
just because a task or job has been done a particular way in the past, does not mean
that there is only one way to get the work done.

Most changes are inexpensive or cost nothing; however, sometimes the cost of different
equipment is offset by preventing future injury and the costs associated with workers’
compensation. You may want to consult with a rehabilitation or ergonomics specialist.
Your claims adjuster can help you identify a resource for this assistance. The following
are examples for employers to explore in considering possible changes:

Minimize significant body motions

• Minimize bending motions

o Use lift tables, work dispensers or similar mechanical aids
o Raise work level to appropriate height
o Lower employee
o Provide materials at work level
o keep materials that must be lifted later at work level
• Reduce twisting motions
o Place all materials and tools in front of the employee, or move to another
side
o Use conveyors, chutes, slides, lifts and turntables to change the direction
of material flow
o Provide adjustable swivel chair for seated employee
o Provide sufficient workspace for the whole body to turn
o Improve layout of work area
• Reduce reaching motions
o Provide tools and machine controls close to the employee to eliminate
horizontal reaches over 16 inches
o Place materials, work pieces and heavy objects as near to the employee
as possible
o Reduce the size and weight of cartons or objects being loaded, or allow
the employee to walk around and rotate them
o Allow object to be kept close to the body

Reduce object lifting forces

• Reduce the need to lift or lower

o Use lift tables, lift trucks, cranes, hoists, drum and barrel dumpers, work
dispensers, elevating conveyors and similar mechanical aids

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 o Raise work level
o Lower work level
o Use gravity dumps and chutes
o Alternate sitting and standing
• Reduce the hand distance
o Change shape of object
o Provide grips or handles
o Provide better access to object
o Improve layout of work area

Reduce object pushing or pulling

• Eliminate need to push or pull
o Use powered conveyors
o Use powered trucks
o Use slides and chutes
• Reduce required force
o Reduce weight of load
o Use non-powered conveyors, air bearings, ball caster tables, monorails
and similar aids
o Use four wheel hand trucks and dollies with large diameter casters and
good bearings
o Treat surfaces to reduce friction
o Provide good maintenance of hand trucks, floor surfaces and other work
surfaces
o Use air cylinder pushers and pullers
• Reduce distance of push or pull
o Move workstations closer or further way

SECTION V: RESOURCES FOR SERIOUSLY INJURED EMPLOYEES

Occasionally, an employee may experience an injury that prevents them from returning
to work without additional assistance. There are resources to assist your employee in
these circumstances.

The Texas Workforce Commission (TWC) is a State agency that provides vocational
rehabilitation services. TWC can assist with many different types of services including
case management, vocational assessment, retraining and preparing a Job Task Analysis,
as discussed in Chapter IV. Your employee can apply for services at any time during their
claim. However, they must meet TWC eligibility criteria. To help your employee find a
TWC office, you or your employee may call 1-800-628-5115.

Your claims adjuster or case manager is another resource for you. They may offer
vocational rehabilitation from their own staff or contract with a private
rehabilitation vender. You, as the employer, can request return-to-work services
from your insurance carrier.
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Reemployment assistance for your employee is also available at the Texas Workforce
Commission (TWC). They may be able to provide retraining and job search assistance
services. For the most current information on TWC, visit their website at
http://www.twc.texas.gov/ or contact the nearest TWC office or Workforce
Development Center.

SECTION VI: RETURN-TO-WORK ASSISTANCE FOR SMALL

EMPLOYERS
The performance of an employee can directly affect the profitability of their employer.
When an employee has a work-related injury or illness, employers benefit if the
employee is able to continue working or return to work as soon as it is medically
appropriate. However, some employers cannot afford workplace modifications that may
be needed for an injured employee to continue working.

The TDI-DWC can provide assistance to employers for expenses incurred for workplace
modifications, including special equipment, tools, furniture or devices, or other
associated costs which can allow an injured employee to stay at work or return to work.
An employer with between 2 and 50 employees with workers’ compensation insurance
coverage may be eligible to receive up to $5,000 for qualified expenses. The program
allows for advance payments, guaranteed repayment, or reimbursement of expenses
associated with workplace modifications that have been preauthorized by the TDI-DWC.

For more information or to apply for the program, an employer must submit an
application and be approved by TDI-DWC. The application form is available for
download from the TDI website at http://www.tdi.texas.gov/wc/rtw/index.html. For
more information about the return-to-work assistance program for small employers,
contact TDI-DWC Return to Work Services by calling 512-804-5000 or e-mailing
rtw.services@tdi.texas.gov.

SECTION VII: INTERRELATIONSHIPS OF THE AMERICANS WITH

DISABILITIES ACT (ADA), FAMILY MEDICAL LEAVE ACT (FMLA),
WORKERS’ COMPENSATION AND RETURN TO WORK
The Texas Workers’ Compensation Act (Act) was enacted to provide the mechanism for
an injured employee who sustains a compensable injury in the course and scope of
employment to receive medical and income replacement benefits. The Act (Chapter
451) prohibits discrimination against any employee for filing a claim under the workers’
compensation system.

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The Americans with Disabilities Act (ADA) was enacted to protect people from
discrimination on the basis of disability. Disability as defined under the Act and ADA are
not the same.

The FMLA was enacted to provide job security to employees who have serious medical
conditions or who must meet personal and family obligations tend to vital needs at
home.

These laws serve different purposes; however, they interrelate in a return-to-work

context when an employee with a compensable injury also meets the criteria for
protections under ADA and FMLA.

Employers should seek expert advice and/or legal advice regarding the coordination of
return-to-work efforts, the ADA and/or the FMLA. Consistent application of your return-
to-work policies can alleviate concerns of disparate or discriminatory treatment of
employees.

Contact Information
For additional return-to work-information, questions or assistance, contact:

Pat Crawford
Return to Work Specialist
Texas Department of Insurance
Division of Workers’ Compensation
512-804-4683

pat.crawford@tdi.texas.gov

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