Presented at a German-South African workshop on Employment Policies, organised by the Department of Labour (South Africa), with German and South African experts: 19 April 2011 Professor Marius Olivier, Director: ISLP

1. Background 2. Current South African framework 3. Key dimensions of introducing a Return-to-Work (RTW) framework 4. Putting the building blocks in place – some perspectives on implementation 5. Some conclusions

 Compensation Fund project – rationale, timeframes, process  Comparative approach adopted – ◦ Other systems, where RTW policies have been introduced ◦ Also in the developing world ◦ International & regional standards  SA context-sensitive framework required

 Development of – ◦ Research report ◦ Policy document, which also reflects on  Implementation,  Piloting & roll-out;  Legislative and policy changes  Integrated involvement of stakeholders and government departments  Institutional framework

 Some examples of institutional models ◦ Some insurance company interventions (rehabilitation focus) ◦ A few large companies/enterprises (e.g. mining) programmes  Employee wellness programmes  Employee assistance programmes  Job functionality approach ◦ Some public service initiatives  E.g., Department of Defence ◦ A few rehabilitation centres  No national or industry-wide programmes

 Insufficient disability/injury management training opportunities ◦ Discipline-specific training for involved professionals generally available  Absence of audit tool(s) to monitor enterprise readiness and/or progress  Deficient institutional support framework, e.g. ◦ Employment services ◦ Skills (re)training

 Insufficient and to some extent conflicting policy framework ◦ Importance of INDS (Integrated National Disability Strategy) ◦ Some mention in departmental policies ◦ No integrated perspectives (e.g., DSD (Department of Social Development) policy foresees DSD leading role in areas of disability)

 Limited enabling legislative framework ◦ Workers compensation law (COIDA)  Some mention of schemes aimed at rehabilitation ◦ Employment equity legislation  On basis of affirmative action measures, certain obligations on larger employers to make special arrangements for persons with disabilities ◦ Labour law provisions insufficient

 Importance of overarching international and regional standards, e.g. ◦ ILO Conventions and UN Disability Convention ◦ SADC (Southern Africa Development Community) Social Charter and Code on Social Security  Supportive constitutional basis  Employer and workplace focus ◦ General employer obligations (e.g. suitable employment; employment protection) ◦ Distinction between larger and smaller employers (e.g. regarding disability management)

 Disability and case management approaches imperative  Role of the Compensation Fund ◦ Policy framework and creation of institutional framework ◦ Smaller employees – Disability management (DM) services (Larger employers – DM responsibility) ◦ Employee services support framework, also for employees of larger employers who are not accommodated ◦ Pilot

 Role of the Compensation Fund ◦ Accreditation (with Department of Health involvement?) ◦ Arranging DM/RTWC (Return-to-Work coordinator) training and audit tool ◦ RTW Code of Practice ◦ Stakeholder communication and consultation ◦ Public awareness ◦ Supervision ◦ Monitoring and evaluation ◦ Dispute resolution

 Central role of DM/RTWC  Dedicated stakeholder involvement, including health and occupational professionals ◦ Multi- and inter-disciplinary cooperation  Inter-government cooperation  Focus not merely on rehabilitation, but also on labour market and social integration and on restoring employee functionality/wellness

 The need for appropriate (system) incentives  Relate RTW to – ◦ Occupational Health and Safety (OHS) ◦ Compensatory framework

 Policy adjustment ◦ Streamlining existing government policies ◦ New dedicated/targeted policy framework ◦ Addressing inconsistencies, e.g. -  DSD policy  Application in mining lung disease context?

 Legislative changes – dedicated provisions required, providing among others for: ◦ Broadly describing roles, functions and responsibilities of role-players ◦ Incentives – e.g. links with compensation ◦ Employment (including dismissal) protection ◦ Links with employment services ◦ Addressing deficiencies in Employment Services Bill (e.g., perspectives on treatment of persons with disabilities)

 Developing an appropriate enabling institutional framework ◦ Within the Compensation Fund ◦ Within the Department of Labour – in particular, rolling out employment services, job placement and multi-faceted skills (re)training services ◦ In collaboration with other government departments  Dept. of Health – accreditation and functionality standards  Dept. of Social Development – social and community integration

 Developing an appropriate enabling institutional framework (cont) ◦ Links with service providers  Professional bodies  Rehabilitation centres  Product providers (e.g. assistive devices) ◦ Sufficient funding  Appropriate pilot required  Training provision/arrangements: building capacity and professionalisation of RTW interventions

 Audit tool(s)  Gradual implementation  Communication and consultation ◦ Employer bodies ◦ Trade union federations ◦ Disability movement ◦ Professional bodies ◦ Government departments  Public awareness  Dispute resolution structure

 Adopting an appropriate for determining functionality (e.g.: IDF; UDSMR; FCEs; Job- function matching; others)  Political endorsement and Nedlac approval  Accreditation  Appropriate M&E (Monitoring & Evaluation) framework ◦ What needs to be monitored ◦ Who needs to be monitored at particular levels  Political oversight

 A dedicated RTW framework needed  Rich comparative context and models  Important guiding standards available  Significant changes required ◦ At governmental, enterprise and professional service delivery levels required ◦ In several areas, including institutional, policy and legislative areas  Extended framework possible ◦ Unemployment insurance ◦ New National Social Security Fund

 Critical engagement within government imperative – e.g.: ◦ Employment services ◦ Skills training location  The value of international collaboration