Nature of services, cost and duration required

27.Some more common alterations may include:

• ramps to replace stairs;

• widening of doorways;

• installation of additional doorways;

• rewiring of existing fixtures and fittings (but not their purchase);

• installation of handrails; and

• bathroom and kitchen alterations, commensurate with an employee's disability.  The cost should include the purchase of tiles and so on in keeping with existing quality and design.  However, the employee would be required to contribute to the cost of renovations, where improvements are incorporated into such alterations.

28.It is essential that comprehensive medical evidence or a rehabilitation provider assessment be submitted by the employee in support of any proposed alteration, particularly as alterations are permanent additions.

29.Where the cost of alteration/s exceed $5,000, specialist evidence should be provided, either from the employee's treating specialist or, where the employee is not being treated by a specialist, a suitably qualified medical expert in the field in which the employee has been injured.

30.Evidence should supply a clear opinion relating to specific alterations, including recommendations about:

• what;

• why; and

• for how long

alterations are required by the employee [section 39 (2) (a) refers].

31.While alteration and installation costs are covered by section 39, ongoing maintenance is not a provision of subsection (1) (c).  Therefore, where an alteration requires repair, it will be the employee's responsibility to pay for such repair.

32.However, where the alteration is uniquely for use by persons with disabilities (such as a ramp), the cost of its replacement following marked deterioration is payable.  In contrast, the cost of repair to broken ensuite facilities would not be payable.

Workplace alterations

33.Workplace alterations are infrequently claimed and will usually be addressed by the employer and OHS representative with the owner of the applicable worksite and/or building.

34.Section 16 (2) (b) (ii) of the Occupational Health and Safety (Commonwealth Employment) Act 1991 (OHS Act) states that Commonwealth agencies must provide and maintain a means of access to and from the workplace that is safe for their employees.

35.In other jurisdictions, applicable State OH&S legislation and employer 'duty of care' provisions will apply.

36.Where particular forms of access are not provided and breach OHS legislation, the onus is on the employer to undertake alterations as part of its occupational health and safety responsibility out of administrative costs.  Such alterations are not covered by section 39 of the SRC Act.

37.Always consider whether section 16 of the OHS Act applies where claims are made for workplace alterations and consult your Occupational Health and Safety Adviser if you require assistance or clarification in a particular circumstance.

38.Workplace alterations may be covered by section 39 where they fall outside the provisions of section 16 of the OHS Act, or relevant State legislation.

Quotes

39.Prior to payment for alterations being approved, it is essential that quotes from at least two different reputable sources be obtained by the employee (or through the Case Manager) for items totalling over $500.  These may then be considered by Comcare.