Workplace Safety and Insurance Board

Over the past year the WSIB has consulted with stakeholders on a range of issues. A key area has been the WSIB’s draft policies on Early and Safe Return to Work (ESRTW).  The consultation period on these draft policies which raise significant financial, human resources and operational issues for employers ended in January 2006.  OPSBA through its representative on the Employers’ Advocacy Council of Ontario made written submissions.  The concerns we raised included:

• A lack of balance in setting out the respective responsibilities of the parties involved in return to work cases
• Potential for providing compensation benefits and services for conditions not caused by workplace injury
• Proposed penalties for non-cooperation that represent a significant additional burden to Schedule 2 employers (which includes most school boards)
• Using policies to extend or significantly reinterpret provisions of the Workers Safety and Insurance Act (WSIA) (e.g. changing “early” return to work to “timely” and redefining “suitable work”)
• Blurring the lines between the WSIA and other legislation (e.g., the Ontario Human Rights Code)

At a WSIB-Employer Stakeholder meeting held in May 2006, OPSBA was encouraged to find that the Board is responding to the input received to date and has, for example, committed to adhering to the language of the legislation and plans to remove alternative terminology from the draft policies.  The WSIB has undertaken to continue consideration of the input with a view to making further changes.  A revised set of draft policies will be made available to stakeholders in September 2006 and a period of time will be provided to make further submissions.  It is not expected that the policies will be finalized before Spring 2007.