An article appeared in the Toronto Star on December 8, 2009 entitled “DAW Report says Injured Workers Should Get Less.” Because of the explosive nature of the headline and the narrow view of the Auditor General’s report, we feel it is necessary to respond to the implications of this commentary. 

This article misses the direction of the Auditor General’s report, which outlined several reasons for the WSIB’s growing unfunded liability.  To insinuate that the reduction of injured worker’s benefits is the only option to correct the current situation is misleading and damaging. 

We reviewed the auditor general’s report, Chapter 3, Section 3.14 – Unfunded Liability of the Workplace Safety and Insurance Board. This section of the report outlines (for excerpts, please click here) several reasons for the rising liability.

They are as follows: 

These are complex issues and in the aftermath of Bill 99, due consideration must be given to any changes and their ripple effects. The current level of benefits for injured workers should not be decreased in any way, as we know that many injured workers already live below the poverty line.

Below are points pulled from the Auditor General’s report that we feel best explain the current issues faced by WSIB:

A “…neither the WSIB’s legislation nor its Memorandum of Understanding with the Ministry of Labour requires that the plan be fully funded.”

“The Act does not require the insurance plan be fully funded. The legislative provisions that relate to the plan’s funding status stipulate only that funds must be sufficient to make the required payments under the insurance plan as they become due. However, the Act does state that employers in future years are not to be burdened with payments… in respect of accidents [that occurred] in previous years.” 

B “Premium rates comprise four components:

i.              Cost of new claims;
ii.             Charge to repay the unfunded liability;
iii.            Gain or loss component and
iv.           Administrative expenses.

However… average premium rates are 12.7% lower now than 10 years ago. The premium rate in 1991 was $3.20 per $100 of Insurable Payroll, as compared to 2009 at $2.26. “Clearly premium revenues have not increased enough to offset the costs of the benefits that are mandated under the Act.”   

C “…WSIB’s lack of success in eliminating the unfunded liability has been more directly the result of benefit expenses not being adequately funded by the premium-revenue and investment-revenue streams.”

“In April 2009, the WSIB analyzed the additional revenues it would earn if coverage were expanded to include the entire Ontario workforce… one advantage of increasing coverage to all workers is that it would stabilize and improve the WSIB’s financial position as the economy restructures.”

“As of 2007, the workforce covered by WSIB was 72.6% in Ontario, 89.7% in Alberta, 93.1% in B.C. and 93.4% in Quebec.”

D “The WSIB relies on both premium revenues and investment income to fund its current and future obligations.”

“To reduce the effects of market volatility and to better match its investments to its long-term funding obligations, the WSIB revised its investment policies as of January 1, 2009. Its new Statement of Investment Policies and Procedures continues to have a long-term investment return objective of 7%, but proposes a significant change in the asset mix.”

It appears to us that, given the pressures to keep premium rates low, expectations were placed on achieving very high investment returns as the vehicle for solving the unfunded liability issue.

E “Health-care costs paid by the WSIB on behalf of workers receiving benefits averaged 16% of total benefit costs over the 1999-2008 period. But in that same period, these health-care costs more than doubled – rising from $238 million in 1998 to $619 million in 2008.”

“One of the primary drivers of the increased number of narcotic prescriptions for analgesia (pain relief).” 

F “The WSIB has a number of incentive programs of the type referred to as ‘experience-rating programs.’ Such programs reward employers (typically through rebates) for results that reflect good practices and penalize (typically through surcharges) employers for poor results.”

“…if claims duration in general is increasing, rebates should decrease and/or surcharges should increase correspondingly. But the study noted that the opposite was occurring: employers were still being rewarded even as their injured-worker claims durations was increasing.”  

G “Before Bill 99, the legislative framework was highly structured and prescriptive regarding both the process and the timelines for handling claims. This system had numerous mandatory reviews or checkpoints, extensive WSIB interventions between worker and employer, and strong vocational rehabilitation. Bill 99 changed these processes significantly: its legislative reforms were based on a ‘self-reliance model,’ which follows the philosophy that workplace parties – employers and workers – are in the best position to make practical decisions about the management of workplace injuries and that the workplace parties should therefore co-operate. For the WSIB, these reforms resulted in fewer and less-prescriptive policies and interventions, eliminated vocational rehabilitation, and refocused the WSIB’s role from one of direct intervention to one of monitoring the workplace parties. The WSIB indicated that this may have had the unintended effect of increasing claims duration. The legislation also required the WSIB to increase its activities aimed at preventing workplace injuries. Bill 99 also reduced the inflation protection provided to partially disabled workers.” 

H“This balancing act between changing employer premiums and/or changing worker benefits is where the WSIB is most susceptible to the influence of the government of the day.” 

To review the Auditor General’s report, please click here. 

To read the Ontario Federation of Labour’s (OFL) response to the article, click here.

Should you have any comments concerning the Auditor General’s report or the Toronto Star article please do not hesitate to contact the Benefits Department, either by telephone at 905-821-8329 or 1-800-565-8329 or by e-mail at benefits@ufcw175.com. 

One injured worker awarded full LOE after six years of appeals

WSIB cases are complicated and each is unique. Factors such as injury type, reporting and onset of injury, multiple diagnoses, degenerative changes and even language barriers make for complicated decisions. In this case, an Injured Worker (IW) attempted to return to work several times leading to frustration and the permanent layoff of the IW. The subsequent loss of earnings (LOE) became the subject of a second WSIB appeal.

The IW was a machine operator, required to trim off plastic flashing at a packaging facility since 1988. Over time, the products became larger and heavier, requiring more flash to be trimmed and more weight to be lifted. The IW experienced problems with her left leg, left shoulder and arm. The discomfort generally resolved itself but the problems worsened. At the end of 1999, the IW filed for short-term benefits through the employer and was off work for a period of time. The Worker’s Injury (WI) form noted that the condition was NOT work related.

In 2000, the IW informed the employer the injury, which now included her right shoulder, was aggravated by certain work. The employer terminated her telling her if she could not do the work she should find a job somewhere else. The worker grieved the termination and was reinstated. Her condition continued to deteriorate and in the fall of 2001, the IW filed for Employment Insurance (EI) disability benefits. Throughout this time, the IW continued to seek medical attention from her family doctor and a specialist.

Shortly after returning to work in early 2002, the problem worsened. The IW filed a WSIB claim for her neck, right shoulder and bilateral wrists. The claim was denied because she did not file within six months of the injury. An appeal brought no change so the file was sent to the Appeals Branch. The Appeals Resolution Officer (ARO) found that a comprehensive investigation had not been done and ordered the adjudicator to investigate and address several questions. The adjudicator denied the claim again and the file was sent back to the ARO at the end of 2003.

In March 2005, the ARO determined the accident date as November 16, 1999 and the IW was granted entitlement, including several periods of lost-time pay, for her right rotator cuff tendonitis and bursitis, cervical strain, bilateral carpal tunnel syndrome and aggravation of an underlying degenerative disc disease. In the summer of 2006, the IW had carpal tunnel release surgery on her right hand. A permanent impairment was recognized for all areas of entitlement resulting in a Non-Economic Loss (NEL) determination of 36 per cent in 2007.

BUT, the IW had stopped working in September 2002 and the adjudicator did not address the issue of ongoing LOE until February 2007. The decision stated that there was no reason for the IW to have stopped working and so the IW had removed herself from the course of employment and therefore, was denied any further LOE benefits.

An appeal of this decision went to a hearing in mid 2008. With an interpreter present, the IW gave testimony regarding her modified duties, using a knife to remove trim, and problems she encountered. Although assigned to smaller products, the IW found the constant gripping of the knife, static position of her neck and pace of production continued to aggravate her condition. The IW tried to keep busy and while some supervisors tried to vary her jobs, one newly hired supervisor continued assigning the IW to large product lines with more trim to remove.

By September 2002, the IW sought medical attention and received a doctor’s note stating she could only work four hours per day. The employer insisted that eight hours of work per day was available. Remember – at this time, the decision on entitlement had not been rendered.

On the IW’s last day of work, the supervisor moved her from a small product line to one with larger pieces. The IW informed the supervisor she could not perform the work. The supervisor told her she had to do her assigned work for eight hours or go home. The IW left and did not return to work. Note, the employer did not discipline or terminate the worker.

The final decision outlined the claim history, including medical treatment, attendance at the WSIB specialty clinic, surgery and the NEL assessment. The ARO noted the employer had attempted to accommodate the IW but the work was not suitable given her medical restrictions. Note these restrictions were NOT given until 2007 – AFTER the first ARO’s decision (2005). WSIB did not contact the employer to determine if suitable permanent work was available and no LMR services were provided to the IW. The ARO also determined that the IW was not employable given the number of compensable conditions she had, her degree of impairment and her time out of the workforce. After SIX years of appeals, the ARO concluded that the IW was entitled to full LOE from September 2002 forward.

Changes to Claim Handling

The WSIB is changing how claims are handled. Ottawa was the first area to undergo these changes in September 2008, followed by Toronto and the regional offices completing the transition by mid 2009. The new Service Module is as follows:

1. Eligibility adjudicator: Grants initial entitlement.
2. Short Term Case Manager: Focuses on early and safe return to work (RTW) with accident employer.
3. Long Term Case Manager: Handles ongoing issues with RTW and/or LMR
4. Nurse Consultant: Monitors health care and medication, and interprets clinical findings.
5. RTW Specialists: Contacts worker and employer regarding RTW issues and mediates as there is no longer formal mediation. Can call in an ergonomist to review job duties.
6. Disability Prevention Specialist: Review employer policies for Health & Safety and accommodation.

Many of our members’ files are undergoing a shuffle to the appropriate case manager. This may delay some decisions as the new case manager will need some time to review and become familiar with their new files. Visit www.wsib.on.ca for more information.

Registered Disability Savings Plan (RDSP)

Learn more at the Ontario Ministry of Community & Social Services Web site or the Human Resources & Development Canada Web site.

The government has introduced RDSPs (effective December 1, 2008) to help parents and others set aside funds today to financially support a child with a severe disability when they are no longer able to provide support.

** The Government of Canada has extended the application period for the 2008 RDSP Grant and Bond through March 2, 2009 to provide people with disabilities and their families more time to access the 2008 matching Grant and income-tested Bond.

Changes to Ontario's social assistance rules have also been made to make sure that both RDSP assets and withdrawals are fully exempt. This means that our loved ones' social assistance payments will not be affected by RDSP contributions. Contributions are limited to a lifetime maximum of $200,000 (no annual limit) and contributions are not tax-deductible. The government may supplement contributions through a Canada Disability Savings Grant and Canada Disability Savings Bond.

Please note: Any individual that is eligible for the Disability Tax Credit may establish an RDSP. If you have never applied for the credit, you can apply for it, but if you don't get approved, you cannot open this kind of plan.

WSIB News update - August 7, 2007

Posted Aug 07, 2007

WSIB announces Preliminary Average Premium Rate for 2008

• Schedule 1 employers pay $2.26 per $100 of insurable earnings; there will be no increase in 2008. This was based on an expectation that health and safety and return-to-work outcomes in Ontario workplaces will continue to improve.

• Over the past ten years the average premium rate for Schedule 1 employers has decreased by about 25% from a high of $3 in 1996 to a low of $2.13 in 2001.

WSIAT decision N0. 2335/061 – Use of Medical Marijuana Allowed

Health Canada granted an injured worker` permission to possess a maximum of 150 grams of marijuana (approximate cost: $800). The panel determined that both the legislation and WSIB policy are sufficiently broad as to allow the medical use of marijuana. Operational Policy Manual Document No. 17-01-02 defines health care to include “such measures to improve the quality of life of severely impaired workers which, in the WSIB’s opinion are appropriate.”

In granting the worker’s appeal the panel referenced the framework established by the Marijuana Medical Access Regulations, which allows access to marijuana by people who are suffering from “grave and debilitating illnesses, where conventional treatments are inappropriate or are not providing adequate relief.”

Additionally, the panel determined that the worker’s entitlement to medical marijuana was subject to the usual monitoring of prescription drugs by the Board and that the Board could, after medical review, determine that the treatment was no longer effective and terminate ongoing entitlement. The worker would of course have a right to appeal any such termination.

Support for Bill C-269 – EI Reform

Organized Labour groups are urging Canadian workers to contact their Members of Parliament to urge support of Bill C-269, a Private’s Members’ Bill that brings long overdue improvement to the EI system. Debate at 3rd reading is expected on September 18, 2007.

The Bill includes these improvements to the EI system:

• Reduces qualifying hours by 70 hours in all regions;

• Eliminates the two-week waiting period;

• Raises the benefit rate to 60% and bases it on the best 12 weeks of earnings;

• Combined with the new maximum insurable earnings of $41,500, the maximum EI benefit would be raised to $479 weekly;

• Increase the maximum duration of benefits by 5 weeks.

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Stats Canada releases study called Work Injuries

Posted Aug 07, 2007

On July 10, 2007, Statistics Canada released a study called “Work Injuries,” which revealed the following:

• About 460,000 men (5% of the male workforce) and 170,000 women (2% of the female workforce) have suffered an on-the-job injury resulting in an overall workplace injury rate of 4%.

• Approximately 1 in 10 workers in trades, transport and equipment operations had an on-the-job injury: FOUR times the rate among those employed in sectors such as business, finance, administration, education or religion.

• Men were more likely to sustain an injury than women regardless of whether the job was ‘blue-collar’ or ‘white-collar.’

• Men making under $60,000 per year were more likely to sustain injury than men making more than $60,000 a year.

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Bill 187 brings changes for injured workers

Posted July 05, 2007

On May 17, 2007, the Ontario Government passed Bill 187, the Budget Measures and Interim Appropriation Act, 2007. It makes a number of changes to the Workplace Safety and Insurance Act (WSI Act), effective July 1, 2007.

Bill 187 means:

• Approximately 155,000 workers whose benefits are usually indexed using the Modified Friedland formula will have their benefits increased by 2.5 per cent on July 1, 2007, and again on January 1, 2008 and January 1, 2009.

• Some workers who suffer a temporary or permanent deterioration in their condition after the 72-month Loss of Earnings (LOE) lock-in or the 60-month Future Economic Loss (FEL)lock-in will now be eligible for additional reviews.

• Replacement of the concept of "deeming" with the concept of "determining," and the introduction of the concept of "availability," to allow for better approximation of injured workers' post-injury earnings based on job opportunities that are both suitable and available.

• The Loss of Retirement Income (LRI) threshold will be increased to $3,000 from $1,166.41. This threshold is the dollar amount below which injured workers receive LRI benefits as lump sums, instead of as monthly payments. This will improve levels of financial control for injured workers who reach the age of 65.

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Provincial budget improves injured workers' compensation

Posted April 02, 2007

The provincial budget, announced Thursday, March 22, 2007, includes some positive changes for injured workers.

The government proposes enhanced benefits, paid for out of the Workplace Safety and Insurance Fund, for workers receiving payments from the WSIB. If enacted, the new budget would permit the WSIB to increase the benefits of approximately 155,000 injured workers by 2.5 per cent effective July 1, 2007 and again on January 1, 2008 and 2009.

This budget also proposes giving the WSIB greater flexibility in determining loss of earning compensation after the benefits are locked in at 72 months. This would be an improvement because as it stands now, should a worker’s condition deteriorate significantly, they cannot have their situation reviewed more than 72 months after the date of injury. About 750 workers would be affected by this change each year.

Another proposed amendment would require earnings to be based on what a worker would likely earn from suitable as well as available employment, rather than the current more restrictive standard. The government proposes to raise the threshold below which a lump-sum instead of a monthly retirement benefit payment is made, from $1,166.41 to $3,000. A threshold of $1,145.63 was established in the legislation in 1997 and has been partially adjusted to inflation to the current level of $1,166.41.

These amendments will take effect July 1, 2007.

The government proposes to add up to four more directors to the WSIB, an amendment that would take effect on its date of proclamation.

The Office of the Worker Adviser (OWA), an independent agency of the government, helps non-unionized injured workers deal with the many complexities and levels of appeal in the workers’ compensation system. The government is increasing funding to OWA by $1.4 million in 2007–08 to improve and expand its services. This amount would be fully recoverable from the WSIB. While the progress marked in this budget is vital to the well being of injured workers and their families, the budget has not addressed all the concerns brought forth by injured workers groups.

Continued pressure on the government is necessary to achieve truly fair compensation for Ontario’s injured workers. Please come out to show your support on June 1st – Injured Workers Day. A rally will be held at Queen’s Park, in Toronto, and other rallies will take place across the province.

Contact the Benefits Department at either 1-800-565-8329 or benefits@ufcw175.com for more information.

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Injured Workers Day & other WSIB updates
Posted March 23, 2007

• June 1st is Injured Workers Day. There will be a rally at Queen’s Park at 12 noon. Please contact the Mississauga Office for further details.

• Changes to the 2007 table of rates for injured workers receiving WSIB:

  • Independent Living Allowance increases to $3,405.17 per year.

  • Clothing allowance – maximum of $281 for minor damage and $562 maximum for major damage.

  • Guide and support dogs allowance increases to $922.41 per year.

  • Minimum burial expense increases to $2,571.65.

• New Functional Abilities Form came into effect March 1, 2007. Available online at the WSIB.

• Some interesting facts from Workplace Safety & Insurance Appeals Tribunal (WSIAT) 2005 Annual Report

  • Total number of active cases was 5,304, a 2% overall increase from 2004

  • 75% of all hearings were oral hearings

  • 55% of hearings were heard by single adjudicators

  • About 40% of injured workers were represented by consultants; 21% by lawyers or legal workers; 13% by the OWA; 12% by their unions and 13% by various sources including family, friends MPP and self.

• The Ministry of Labour announced it will reduce the province’s noise exposure limit from 90 dBa to 85 dBa effective July 1, 2007.

• Family Medical Leave (FML) is now extended to include relatives and close friends.  FML gives workers up to 8 weeks of job-protected, unpaid leave to care for gravely ill family members who are expected to die within 26 weeks. This change now means that FML will be extended to include family members and friends who are like family.

• Effective February 1,2007, the general minimum wage is $8 an hour. 

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RSI DAY February 28, 2007 - Events
Posted February 16, 2007

Come out to support RSI Day events across the province. Below are some of the events happening on February 28, 2007.

For other event listings please visit www.whsc.on.ca or call toll free from anywhere in Ontario 1-888-869-7950.

For more information on Repetitive Strain Injuries and RSI Day download the Workers Health & Safety Centre informational flyer here (Adobe Acrobat required).

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CBC Report - Workplace safety inspections
Posted January 30, 2007

Below is a link to the CBC News Web site where they have a report on workplace safety inspections in Canada. The information in the news article is a combination of the results of their study and highlights from a series of radio reports done by the CBC on the subject.

To read this article, please visit the CBC news Web site.

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Stronger regulations introduced for high-noise workplaces
Posted January 5, 2007

QUEEN’S PARK — The McGuinty government is further protecting the health and safety of Ontario workers by protecting industrial workers from hearing loss, Minister of Labour Steve Peters announced today.
“Noise-induced hearing loss is a serious and preventable occupational illness that impacts many of Ontario's industrial workers,” said Peters. “Our government is taking action to protect these workers by making the first significant overhaul of the noise exposure limits in 30 years.”

Lower overall daily exposure to noise will help prevent hearing loss in workers, which led to an estimated $100 million in compensation costs being paid out by the Workplace Safety and Insurance Board (WSIB) over the past decade.

The changes to the industrial noise requirements will come into effect on July 1, 2007. They are expected to strengthen worker safety by:

• Reducing Ontario’s noise exposure limit from 90 dBA to 85 dBA, and;

• Introducing it as a time-weighted average exposure limit, which gives a more accurate assessment of the amount of noise a worker is exposed to over an eight hour period.

The new requirements are part of the Ontario government’s ongoing improvements to workplace health and safety. These include hiring 200 new health and safety inspectors; targeting workplaces with poor health and safety performance records and high costs to the WSIB; and putting in place a new annual process to update occupational exposure limits for the over 700 hazardous substances covered by Ontario regulation.

“Our government is committed to ensuring that the health and safety of every worker is never compromised,” said Peters. “These changes have been carefully developed in consultation with employers and labour, who support this action.”

INDUSTRIAL NOISE EXPOSURE LIMITS

In addition to the information below, there are changes to Industrial regulations Regulation 851. Please click here to visit the Occupational Health & Safety Act Web site.

The Ontario Government is strengthening protection for industrial workers who are exposed to high levels of noise. Hearing loss, due to exposure to high levels of noise in the workplace, is a serious occupational illness. According to the Workplace Safety and Insurance Board (WSIB), it resulted in an estimated $100 million in compensation costs being paid between 1995 and 2004.

What is changing?

Currently, the Regulations for Industrial Establishments and for Offshore Oil and Gas Operators allow workers to be exposed to up to 90 decibels of noise for an eight-hour period.

The new regulations will lower the allowable limit to 85 decibels. It will also introduce a new time-weighted averaging method that will provide a more accurate way of determining the actual amount of noise a worker is exposed to. This is the first time these noise regulations have been significantly updated since they were introduced 30 years ago.

Who is covered by this?

All workplaces in Ontario covered by the Regulations for Industrial Establishments and the Regulations for Offshore Oil and Gas Operators will be covered by the new noise exposure limit. While other sectors, such as the mining and construction sectors, do not have set noise exposure limits, the Occupational Health and Safety Act still requires employers in these workplaces to take all reasonable precautions to protect the health and safety of these workers. This includes situations where they are exposed to high levels of noise.

Were consultations with interested parties held?

Consultations were held in the winter of 2005 - 2006. The noise consultation stakeholders included:

• Industry associations
• Labour organizations including relevant unions
• Health and safety partners including hearing associations
• Media – general and industry-specific
• MOL enforcement team members

The Canadian Hearing Association was also consulted and is supportive of the changes being made.

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Depression takes its toll in the office: Experts estimate health problem costs economy billions
Posted October 04, 2006

Below is a condensed version of an article that appeared in the Wednesday, August 16, 2006, edition of the Ottawa Sun (taken from the Vancouver Sun) - Page F2, Working, by Brian Morton).

Depression in the workplace is a growing phenomenon that, according to some estimates, costs the Canadian economy more than $30 billion a year.

That's the word from occupational health psychologist Merv Gilbert, a leading expert in workplace depression.

"According to a Health Canada study, (workplace depression) costs the Canadian economy about $14.4 billion," said Mr. Gilbert in an interview, referring to a 2000 report. "And that includes direct costs to the health care system, disability payment costs (for companies), benefits costs. But it's a guesstimate, because a lot of the data is hard to track. If anything, it's a conservative estimate."

Mr. Gilbert said the estimate didn't include the costs associated with "presenteeism," a term used to describe the loss of productivity for companies because of employees' physical or mental health conditions.

Since then, he said, costs to the economy have risen significantly. He cited a later report by the Canadian Mental Health Association that estimates direct and indirect costs of depression costs the Canadian economy $30 billion a year.

"If someone is less productive because of a mental health issue, it's hard to attach a dollar figure to that," he said. "This (study) tries to address that, but it's still somewhat a guesstimate. But the implications for the workplace are getting bigger and bigger. I think (costs due to depression) are rising. All the trends are pointing upwards."

Mr. Gilbert said depression is now the second-leading cause of workplace disability. "In many sectors, (depression costs) are already starting to surpass heart disease or back injuries," he added.

Mr. Gilbert said there are many reasons why workplace depression is rising, including the fact that today's workplace is more "psychological" than physical because the economy is now based more on brainwork than physical labour. But he believes the workplace hasn't adapted to the change and that's causing stress and mental health issues like never before.

He said, for example, that technology plays a large role in workplace stress, citing e-mail and cellphones that keep employees "connected" around the clock, making it much harder to separate work from family life. "There are huge issues in work-life balance. And we have a lot of information overload and there's pressure on all of us."

He said that while work can be very good for a person's mental health, a "toxic" work environment -- which includes too much conflict, bullying and a lack of recognition by superiors -- has the opposite effect.

Where there are an excessive number of stress leaves, companies need to look at "the organizational environment, morale, the degree of engagement," he added.

"Psychologically healthy workplaces have lower rates of absenteeism, conflict, grievances, accidents and a more stable workforce. They also become the employer of choice."

He said it's not helpful for companies to take the attitude that employees should "suck it up and get over it."

"Nor is the rhetoric that it's all the employer's fault. (A solution) requires a collaborative approach."

Marc White, executive director of the Vancouver-based Canadian Institute for the Relief of Pain and Disability said programs that promote employee health also help a company's financial growth.

"We know that mental health issues have become a leading cause of disability in Canadian workplaces. Many employers don't know the best approach to managing these workers. (But) there are successful strategies that can prevent these problems."

Mental Health Facts

• Depression will rank second only to heart disease as the leading cause of disability worldwide by 2020.

• Disability represents anywhere from four per cent to 12 per cent of payroll costs in Canada; mental health claims (especially depression) have overtaken cardiovascular disease as the fastest-growing category of disability costs in Canada.

• Stress, burnout and physical or mental health problems are the main issues limiting productivity in Canada, Canadian CEOs say.

• In 1998, Health Canada conservatively estimated that the economic burden of mental health problems was $14.4 billion a year. More recent calculations, which include indirect costs, suggest that upward of $30 billion is lost to the Canadian economy annually because of mental health and addiction problems.

• Excessive stress has been linked to infectious disease and cardiovascular problems, higher incidence of back pain, repetitive strain injuries, colorectal cancer.

• Stress on the job can double the risk of heart attack.

• Employees at three major U.S. companies who displayed chronic symptoms of depression were twice as likely to miss work because of health reasons and seven times as likely to report missed workdays at the time of the follow-up survey.

• Employees who are diagnosed with depression and take appropriate medication will save their employer an average 11 days a year in prevented absenteeism.

• Fifty seven per cent of graduating business students around the world rate maintaining a balance between work and personal life as their primary career goal and a key to choosing their first employer. Most believe a career and personal goals can be developed in tandem, and say a working schedule that allows them to see family and friends on a predictable basis is key to work-life balance.

• Husky Injection Molding Systems of Bolton, Ont., estimates it has saved $8 million in reduced absenteeism, higher productivity, and better use of resources, from a $4-million investment in employee well-being and a healthy workplace environment.

Source: Mental Health Works, an initiative of the Canadian Mental Health Association, Ontario

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WSIB Workwell Program Policy Change
Posted October 04, 2006

Recent changes made to the Workwell Program clarify the selection criteria for a Workwell evaluation.

For example; injury information is broken down into three categories – injury frequency, injury costs, and severity of injury information. In the old policy there was an Additional Premium Charge Table. There is no longer a Table for additional charges. Additional premium charges will be based on that Employers’ annual premium. 

The Workwell program identifies employers with particularly poor accident records and/or high accident costs compared to their rate group, or who have a history of non-compliance with the Occupational Health and Safety Act and encourages them to improve their prevention programs.

Workwell requires these employers to participate in a workplace health and safety evaluation. Employers that fail the evaluation are given a specified time frame to make improvements. If improvement does not occur within the given time the WSIB issues an additional premium charge.

The Workwell evaluation verifies the existence, the consistent application, the implementation and the enforcement of an employer's health and safety program.

Evaluation consists of an initial phase and a follow-up phase. Each evaluation receives a score, weighted to the risk posed.

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FARM SAFETY REQUIRES ALL PARTNERS TO WORK TOGETHER
Posted October 04, 2006

Below is a condensed version of an article that appeared in the Wednesday, August 16, 2006, edition of the Simcoe Reformer (Page 4, Editorial/Opinion, by Toby Barrett).

Farm workers [are] at greater risk for accidents and injuries than workers in other fields.

Recently, the Occupational Health and Safety Act (OHSA) was amended to cover farm labour. These changes impose a number of new duties on farmers, their employees and their supervisors. As a summary, farmers must ensure that all equipment and personal protective equipment are in good repair, provide safety information to their workers and take all reasonable precautions to protect workers from injury and accidents.

For their part, workers must comply with health and safety rules, wear personal protective equipment, use all equipment properly and report hazards to their employer. The bottom line is that farm workers now have the right to refuse work they believe is unsafe.

In Ontario, workers have long had the safety-net provided by the Workplace Safety and Insurance Board (WSIB). Over the years, WSIB has accumulated more than $6 billion of stranded debt. With the inclusion of farms in labour laws, farmers are now required to make payments to this stranded debt. The average premium for all industries in Ontario is $2.26 for every $100 of income. These premiums fluctuate based on the safety record of each employer.

With all of these changes in labour legislation, there are a number of carrots and sticks promoting farm safety. In addition to our universal desire to be safe at work, unsafe farms now face the prospect of higher WSIB premiums and penalties under the OHSA.

One of the most serious -- but often overlooked -- safety concerns actually happens off the farm and on the roads. Let's not forget that migrant workers rely on bicycles to get to a payphone to call home -- often after sundown. Unfortunately, this sometimes results in fatal accidents, as unsuspecting motorists collide with cyclists.

At present, there are a number of important local initiatives to reduce the risk of night-time collisions between motorists and migrant workers. In addition to safety videos and information posters, free reflective tape is being provided to workers to better illuminate themselves at night.

We all have a role to play in maintaining safety. I encourage farmers to keep their migrant workers informed on bicycle safety issues, as well as equipping them with the proper reflective equipment. As well, motorists should be extra vigilant while driving at night. Combined, this could dramatically improve safety for all parties.

The bottom line in farm safety is that common sense should always prevail. Government can pass legislation but it cannot protect people from themselves.

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WSIB Policy Updates/Clarifications - posted Jul 04, 2006

• Determining Maximum Medical Recovery (MMR) Policy 11-01-05
  Any reference to the usual healing time chart has been removed from the policy as the recovery periods within the chart do not correspond with current medical/scientific evidence respecting Maximum Medical Recovery (MMR) times. In its place, a generic statement indicating that external, evidence-based medical/scientific guidelines on disease and injury-specific impairment and treatment may be referenced when making this determination, in addition to other information available in a claim.
• Lost Time Claims Policy 11-02-02
  Any reference to the usual healing time chart has been removed from the policy as the recovery periods within the chart do not correspond with current medical/scientific evidence respecting Return To Work (RTW) disability duration. In its place, a generic statement indicating that external, evidence-based medical/scientific guidelines on disease and injury-specific impairment and treatment may be referenced when making this determination in addition to other information available in a claim.
• Chronic Pain Disability Policy 15-04-03
  Any reference to the usual healing time chart has been removed from the policy as the recovery periods within the chart do not correspond with current medical/scientific evidence respecting the usual healing time of a worker. In its place, a generic statement indicating that external, evidence-based medical/scientific guidelines on disease and injury-specific impairment and treatment may be referenced when making this determination, in addition to other information available in a claim.
• Aggravation Basis Policy
  While the concept of allowing a claim on an "aggravation basis" has existed for many years, the WSIB has never had a separate policy on this issue. We have clarified, structured and organized longstanding WSIB practice into a stand-alone policy document. No attempt has been made to change either the concept or the rules of determining entitlement as the new aggravation basis policy simply repeats the approach that has been in place for many years.

For more information please visit the WSIB Web site.

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Improved access to Compassionate Care Benefits - posted Jun 16, 2006

The Ministry of Human Resources and Social Development will increase the number of people who can access the Employment Insurance (EI) Compassionate Care Benefit.

The announcement, made June 15, 2006, means it will be easier for people caring for seriously ill family. In addition to parent, children and spouses, the regulatory changes mean that now those providing care to a sibling, grandparent, grandchild, in-law, aunt, uncle, niece, nephew, foster parent, ward, guardian or a gravely ill person who considers the claimant to be like a family member, are now eligible to claim the benefit.

The Compassionate Care Benefit provides EI eligible workers with a temporary absence from work to provide care or support to a loved one (as listed above) who is at significant risk of death within 26 weeks, without suffering sudden income or job loss. The benefit also includes common-law partners, including same-sex partners.

Eligible claimants can receive up to six weeks of benefits, which can be taken by one person or shared among eligible claimants concurrently or consecutively.

In order to be eligible, the claimant must meet the same requirements as they do for sickness, maternity or parental leave:

Claimants also require a Compassionate Care medical certificate and there is a two-week waiting period.

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Young workers at high risk for injuries on the job
     - posted Jun 16, 2006

Young workers are at risk. Too often, employers do not properly educate their young workers – who tend to be part-time or work during summer break from school. And far too often this lack of information leads to injury and death.

A right guaranteed to all Ontario workers is the Right To Refuse Unsafe Work. Every worker can, and has a duty to, refuse work if they believe the situation, whether mechanical or environmental, may endanger themselves and/or a co-worker. You can also refuse a task if there is a breach of the Ontario Occupational Heath & Safety Act (OHSA) such as a missing machine guard.

Click here to download a PDF brochure and/or poster on the steps to take when refusing unsafe work. You can also visit the Health & Safety section of our Web site for more details (link).

The WSIB has a special campaign to raise awareness about Young Worker Safety, which the launched in May 2006. The following excerpts are from an article published in the May 31, 2006 issue of the Ottawa Sun (Byline: Linda White).

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Today's young workers will be tomorrow's workers, business owners, supervisors and CEOs. [Wayne Thompson, acting vice-president of Prevention,] hopes the lessons they learn today will help WSIB achieve its vision. "By the time they're in those positions, we will be dealing with a society that looks at workplace injuries the same way we look at driving without a seatbelt or driving drunk," he says.

The statistics are alarming. Young workers aged 15 to 24 accounted for one in five of Ontario's lost-time and no-lost-time WSIB claims between 2000 and 2004. In that same time period, 60 young workers were killed on the job.

Employers are accountable under Ontario's Occupational Health and Safety Act for ensuring that workplaces are safe, but young workers have an important role to play in ensuring they stay healthy and safe at work.

Young workers are more likely to be injured within the first month on the job than any other time. Slips and falls, over-exertion, being struck by objects, exposure to hazardous chemicals and contact with hazardous materials account for most injuries.

Young workers are also injured by powerful machines they don't understand, that may not have guards to protect fingers and arms, or that may not be operated safely.

SAFETY QUESTIONS TO ASK YOURSELF

Starting a new job or just got transferred to a new position? The Young Workers Awareness Program urges you to find out the answers to the following questions:

• What are the general safety rules for this job?

• What are the hazards of this job?

• What safety training will I get? When?

• Do I need special training for tasks like operating a forklift?

• What safety gear will I need to use or wear? What training will I get on how to use and take care of it?

• Where are the fire extinguishers and emergency equipment? What training will I get in emergency procedures? When?

• Where are the emergency exits? Where is the first aid station? Who is the trained first aid person in my work area?

• Is there a Joint Health and Safety Committee or representative? Who and where is that person?

• Are there regular health and safety meetings?

Visit www.youngworker.ca for more information.

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New smoking regulations in Ontario - posted Jun 16, 2006

On June 1, 2006, new regulations came into effect regarding smoking in public places – including workplaces. Below is some basic information on the new legislation.

Designated smoking rooms (DSRs) in restaurants, bars and workplaces are prohibited. In addition, smoking is not allowed on restaurant and bar patios that have roofs.

The laws governing tobacco sales to minors are strengthened, and the display of tobacco products in retail outlets is further restricted. A complete ban on the retail display of tobacco products will come into force on May 31, 2008.

Smoking is not allowed in enclosed places where people are employed or to which the public has access, such as:

Smoking is allowed in the following enclosed places:

For information about enforcement and to learn more about the act, contact your local public health unit. Find the local public health unit in your area by visiting the Ontario Ministry of Health.

You may also obtain information by visiting the Ontario government’s Web site, Ontario.ca/smokefree.

Or call the toll-free InfoLine: 1-866-396-1760 (TTY 1-800-387-5559)

Hours of operation: Monday to Friday, 8:30 a.m. – 5:00 p.m.

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Bill 211 – Removing the mandatory retirement age for workers in Ontario as of Dec. 12, 2006 - posted May 31, 2006

• This will not affect WSIB benefits and services.

• Loss of Earnings (LOE) benefits may still be paid to workers aged 63 or older at the time of injury for up to two years after the date of injury.

• Health care benefits as they relate to the injury continue past the age of 65, regardless of accident date. Entitlement is possible throughout the worker’s lifetime if the injury results in a permanent impairment/disability.

• Employers and workers are still required to participate in early and safe return to work, however, an Employer’s obligation to re-employ ends on the date the worker reaches age 65. An Labour Market Re-entry plan will be determined on a case to case basis.

• Employer’s must maintain any contributions they were making to the worker’s employment benefits such as; health care, life insurance, pension benefits for 1 year after the injury, when the worker is absent from work due to the injury, regardless of the worker’s age.

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Return to work and Labour Market Re-entry - posted May 31, 2006

WSIB is changing its policies with regard to RTW and LMR. Local 175 has been part of the consultation process, encouraging WSIB to restore the balance and fairness to the system. These policy changes have not been finalized; however, the WSIB is developing pilot demonstrations to enact these changes and to track outcomes.

Teams will be set-up in three locations across the province using two different models. The purpose is to determine which model provides the best outcome. We will be part of this ongoing process, having input in the policy changes, assessing impact/outcomes and the process.

We must ensure the concerns of our members are addressed by WSIB.

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Claims Information - posted May 31, 2006

If you have sustained a workplace injury your Employer may decide to continue to pay your full wages although you may only be punching in and going home or are working reduced hours. While there may be no disruption in your wages, you must ensure that your WSIB claims adjudicator is aware of the hours you are actually working, the timeframe of these reduced hours and when you return to regular hours and what job you have and will be performing.

This information is extremely important to avoid any confusion or delays in your claim if your injury does not resolve or if you have a permanent injury and restrictions and you can no longer perform your regular duties. Please do not leave it up to your Employer to inform WSIB.

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Paralegal Regulation Update - posted May 2, 2006

Bill14, the Access to Justice Act, which contains the government’s proposed scheme to regulate paralegals, received second reading on April 11, 2006. The Bill has been forwarded to the Standing Committee on Justice Policy.

The Labour movement supports the following position by OFL President Wayne Samuelson in a letter sent to the Honourable Michael Bryant Attorney General: Recommendation 13 recommends exempting trade unionists and other non-fee for service paralegals. This recommendation is still going forward upon the passage of Bill 14. Thus trade union representatives would be exempt. 

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WSIB Inefficiencies - posted May 2, 2006

WSIB physical assessments at Regional Evaluation Centres (REC) provide findings that are frequently not fair, reasonable, appropriate or equitable.

Injured workers are expected to attend these Board-approved and costly assessments when there is a need to clarify a diagnosis or prognosis or for a Board adjudicator to gain insight into the extent of the injury, the severity of the condition and the time period where benefits should be administered by the Board.

Dr. Roland Wong, a well recognized physician who works with the Occupational Health Clinics for Ontario Workers (OHCOW), provides medical opinions on WSIB claims and points out inefficiencies where the Board did not adjudicate fairly. Dr. Wong has written a letter to the Fair Practices Commission, which is the agency that accepts and resolves complaints from workers, labour and other organizations on the WSIB’s administration.

In his letter, Dr. Wong clearly outlines the same thing the labour community has noted. The WSIB is not adjudicating cases according to their true merits and justice. The RECs that workers are attending in Toronto are flawed with many problems and it is his professional medical opinion that these are inefficient in helping workers who find themselves emerged in the WISB process.

While WSIB lacks efficiency in many areas, until there is a change in policy and/or legislation the injured worker is obligated to co-operate in REC assessments.

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