In the workplace, it is the employer's responsibility to provide employees with equipment appropriate to their individual health and safety needs (section 16 of the OHS Act, or relevant State legislation refers).
Items such as:
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general ergonomic chairs;
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desks;
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footrests;
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computer stands;
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angled writing boards (for work as distinct from home use); and
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document holders;
should all reasonably be expected to be provided by the employer, where they are generally required by an employee to appropriately perform his or her work.
It cannot be said that an employer would not in most cases need to provide the employee with an ergonomic desk, chair and computer (where applicable). In such cases, section 39 does not apply.
If the employee has special workplace needs beyond those generally required by staff, resulting from his or her compensable condition, benefits may be payable under section 39. All such items purchased in this situation become the property of the employee.
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Example |
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An employee requires the following items to assist him to do his work: |
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a specially designed ergonomic chair; |
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audio or visual aids; or |
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special computer attachments; |
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The employer should not be expected to provide such specific items as general office equipment. |
Initial discussions should always be held with the employer (usually through the Case Manager) regarding the provision of workplace aids and appliances.
As an alternative to Comcare purchasing workplace aids and appliances using the provisions of section 39, the employer may choose to directly fund the recommended aid or appliance themselves rather than have it paid from their premium. In this instance, the item becomes the property of the employer.