Responsibilities

V. Responsibilities

A. Return-to-Work Committee

The RTW Committee will:

1. Participate in the consideration, development and implementation of transitional employment plans and return-to-work actions.
2. Meet on a quarterly or an as needed basis to evaluate information and, when appropriate, facilitate transitional employment.
3. Adhere to the terms of respective collective bargaining agreements, comply with the Americans with Disabilities Act (ADA) and comply with other applicable laws, rules, agreements, and regulations.
4. As appropriate, develop campus policy and process recommendations for review and approval by the Vice President, Administration and Finance, or his/her designee.

B. Risk Manager

The Risk Manager will:

1. Be responsible for campus administration of the Disability Case Management Program.
2. Review and assess campus-related liability issues which may arise from Workers' Compensation, Industrial Disability Leave, Non-industrial Disability Leave, Americans with Disabilities Act, and Family Medical Leave Act, as well as related discrimination concerns.
3. Serve as a resource regarding campus and system-wide actions in the areas of liability and loss, and offer recommendations for loss control and reduction, present and future.
4. Coordinate development and sharing of information to ensure that MPP’s, supervisors, and employees are provided adequate information about the Disability Case Management Program.
5. Solicit participation by appropriate managers and supervisors with relevant information regarding injured or ill employees as needed by the RTW Committee to develop recommendations.
6. Identify representatives, as needed, from various organizational units to be ad hoc participants of the RTW Committee meetings.
7. Coordinate the completion and use of any formal job activity analysis to be used in the transitional employment process.
8. Serve as a resource regarding campus and system-wide actions in the areas of workers’ compensation liability and loss, and offer recommendations for loss control and reduction, present and future.
9. Maintain file documentation of meetings, recommendations, and agreed upon TE Plans.
10. Maintain training records resulting from TE Plans for all individuals participating in the program due to non-industrial injury or illness for at least the duration of their employment with the University plus one (1) year.
11. Coordinate activities for transitioning an employee into a permanent restriction status, when necessary.
12. Review and revise this program’s guidelines, as necessary, on an annual basis to ensure that it is in compliance with federal and state laws and regulations. 

C. Workers’ Compensation Coordinator

The University Workers’ Compensation Coordinator will:

1. Be responsible for identifying and submitting for the RTW Committee’s consideration, workers’ compensation claimants with work restrictions who are ready to return to the workplace and will benefit from the assistance of the RTW Committee.
2. Coordinate development and sharing of information to ensure that administrators, supervisors, and employees are provided information about the Disability Case Management Program benefits and the impact of the California Labor Code requirements for returning employees to the workplace.
3. Provide appropriate and relevant information regarding injured or ill employees as needed by the RTW Committee to develop recommendations.
4. Identify representatives, as needed, from various organizational units to be ad hoc participants of the RTW Committee meetings.
5. Coordinate the completion and use of any formal job activity analysis to be used in the transitional employment process.
6. Assist the employee’s supervisor in identifying any necessary training to ensure the safe performance of TE Plan task assignments.
7. Maintain training records resulting from TE Plans for all individuals participating in the program due to industrial injury or illness for at least the duration of their employment with the University plus one (1) year.

D. Employee

The employee is the primary active participant in the Disability Case Management process. In the role of participant, the injured or ill employee will:

1. Immediately report any industrial injury or illness to their supervisor. In situations involving non-industrial injury or illness the employee is responsible to provide documentation from their treating physician to their supervisor when there are medically required work restrictions.
2. Provide their physician’s written work restrictions or other doctor’s orders to their supervisor prior to their return to the workplace in person or via fax.
3. Assist in identifying issues and options regarding transitional employment.
4. Immediately report to her/his supervisor or Workers’ Compensation Coordinator any work that is beyond their capability in transitional employment or any changes in their physician’s directions regarding allowable activities and/or restrictions.
5. Adhere to an agreed upon TE Plan or return-to-work action/s

Employees who violate the provisions of this program, including failure to (1) participate in RTW Committee meetings, (2) adhere to an agreed upon Transitional Employment Plan, and/or (3) communicate essential physician instructions may result in loss of the transitional employment opportunities provided by this program and/or subject the employee to appropriate disciplinary action. Disciplinary action will be administered in a manner consistent with the terms of CSUSM's administrative guidelines for progressive discipline, the applicable collective bargaining agreement and in compliance with applicable provisions of the California Education Code.

E. Employee Supervisor

The injured or ill employee’s supervisor will:

1. Confer with the Risk Manager regarding returning an employee to the workplace whose injury or illness was non-industrial. (The Workers’ Compensation Coordinator is responsible for initiating RTW Committee review for employees with work related injuries or illnesses that are ready to return to the workplace and cannot be placed within their department).
2. Follow the process outlined on the Supervisor Checklist (Appendix A) regarding an injured/ill employee’s return to work.
3. Participate in the development and review of the CSU Job Activity Analysis (Appendix E) documentation, as needed.
4. Complete the Supervisor’s Review form (Appendix D), as required for incidents of industrial injury/illness, and submit to the Worker’s Compensation Coordinator in a timely manner.
5. Provide timely written notification to the employee, copying the Workers’ Compensation Coordinator (for industrial injury/illness) or the Risk Manager (for non-industrial injury/illness) and the Equity and Diversity Manager/ADA requesting his/her attendance at a RTW Committee meeting(s).
6. Identify job tasks suitable for temporary modified work assignment.
7. Participate with the RTW Committee, as needed, in the development and implementation of activities to return an employee to the workplace.
8. Promote a positive working environment conducive to creative problem-solving and awareness of the injured or ill employee’s transitional employment.
9. Sign the TE Plan if an MPP, or obtain the appropriate administrator signature.
10. Ensure affected employees receive any necessary training to safely perform tasks assigned under the TE Plan.

F. Equity and Diversity Manager/ADA

The Equity and Diversity Manager/ADA will:

1. Provide expertise and guidance to the Committee regarding disability and accommodation issues affecting injured or ill employees.
2. Assist in developing proactive actions that protect and are beneficial to the University and its employees.
3. Assist the employee’s supervisor in identifying any necessary training, assistive devices or adaptive equipment to ensure the safe and effective performance of the TE Plan task assignments.
4. Review and assess disability liability issues related to the Americans with Disabilities Act and any federal or state non-discriminatory statutes.
5. Serve as a resource regarding campus and system-wide actions in the areas of ADA compliance and accommodations, and offer recommendations that are of benefit to the injured or ill employee that also achieve compliance.

G. Director of Staff Human Resources

The Director of Staff Human Resources will:

1. Serve as the Committee resource for University policies, procedures and bargaining unit agreement terms affecting injured or ill employees.
2. Provide a copy, as needed, of the most recently approved version of the injured or ill employee’s job description for Committee review or assist in the completion of a formal job activity analysis.
3. Assist in identifying and developing appropriate personnel actions to return an injured or ill employee to the workplace, or informs of alternative options to employees unable to return to gainful employment.
4. Review and assess personnel liability issues which may arise from Workers' Compensation, Industrial Disability Leave, Non-industrial Disability Leave, Americans with Disabilities Act, and Family Medical Leave Act, as well as related discrimination concerns.
5. Serve as a resource regarding campus and system-wide actions in the areas of personnel liability and loss, and offer recommendations for loss control and reduction, present and future.
6. As necessary, support Disability Case Management program provisions during bargaining unit meetings and negotiations.