SECTION 2: Support to Employees HEALTH AND SAFETY POLICY: WORKPLACE SAFETY AND INSURANCE BOARD (WSIB)

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1 Page 1 of 5 POLICY 1. Community Living Quinte West shall take all reasonable precautions to protect all employees from illness and injury. 2. The employer shall work cooperatively with employees, the bargaining unit, the Workplace Safety Insurance Board (WSIB) and other parties to foster an accident free workplace. 3. Precautions to protect employees include but are not limited to: the provision of First Aid Kits; first aid training; display of the WSIB poster, In Case of Injury at Work; posting of the Occupational Health and Safety Act; worker representation for health and safety; the provision of protective clothing and devices; and explicit written policy for the guidance of employees in safe work behaviour. 4. In the event of an accident or injury of any employee, Association employees must follow WSIB recommended procedures for intervention with first aid and/or medical attention and report the accident or injury to their manager immediately. 5. The manager to whom an accident or injury is reported shall initiate the process of completing Form 7 and must submit it to WSIB within three (3) days of the occurrence. 6. All injured employees shall have the opportunity to return to work and the employer shall maintain a policy to guide return to work practice. PROCEDURE Penalty Avoidance 1. There are serious financial penalties to the employer in the event that we fail to comply with WSIB requirements and to do so on time. 2. Employees must remain current with WSIB regulations, requirements and deadlines to ensure our WSIB activity is done competently. Accidents/Injuries 1. An employee who suffers an accident or injury in the workplace must make the occurrence known to his/her immediate manager. 2. An employee who witnesses an accident or injury to another employee shall provide first aid intervention if required and shall notify his/her immediate supervisor unless the employee who suffered the accident has already done so.

2 Page 2 of 5 3. If the employee requires consultation from a physician or further medical care which cannot be provided at the worksite, the manager shall make arrangements for the employee to see his/her family physician or arrange for the employee to go to a hospital emergency department. 4. If an ambulance is not required, the manager shall make arrangements for someone to accompany the employee to the physician s office and/or emergency department and shall arrange for a taxi or other available transportation depending on the requirements of the situation. 5. The employee will take a WSIB Form 156 Treatment Memorandum form to their physician or hospital. These forms shall be made available at each work site. 6. Immediately following reporting of the injury or accident, the manager shall first ensure that the injured employee has received all necessary first aid and medical attention. 7. The manager shall next investigate or cause to be investigated the occurrence: to confirm what happened; to identify any factors that may have contributed to the occurrence; and to ascertain any mitigation measures that may help to avoid another similar occurrence. 8. The manager shall ensure that an incident report and WSIB Form 7 are completed and shall arrange for the employee to sign the completed Form 7 as soon as possible unless this is not possible due to circumstances surrounding the accident. The employee s signature is important since it permits the employee s physician to send the employer a report that identifies tasks the employee can take on during recovery. 9. The manager shall ensure that the Human Resources Department is advised of the occurrence and shall keep the department informed regarding lost time, expected date of return to work, actual date of return to work and any other information that is required. 10. The manager shall ensure that the employee is aware of and able to participate actively in any meetings or consultation that must take place and in which the employee should be involved as part of responding to and managing the employee s injury, treatment and return to work. 11. During an employee's absence from work on WSIB, the immediate manager of the employee will contact and/or visit with the employee on a regular basis to follow-up on their recovery and monitor their readiness to return to work on a full time basis or on a Modified Work Program. 12. Prior to any employee returning to work from a WSIB claim, a doctor's certificate is required indicating the employee s extent of recovery and ability to return to work full time or on a Modified Work Program.

3 Page 3 of The manager shall notify the Human Resources Department the morning the employee returns to work. 14. The manager will keep a copy of the Employee Incident Report and the Incident Follow-up Form and will forward the original to the Executive Director who will ensure that copies are distributed as follows: a. Original to employee health file. b. Copy to the Joint Health and Safety Committee. 15. The employer will continue to pay salary for injured workers and will be reimbursed by WSIB until the end of the current pay period. From that point forward injured employees will be paid directly by WSIB. Employee s Responsibilities 1. The employee who suffers a workplace accident or injury, which results in lost work time and claim to WSIB, is responsible to ensure that WSIB is made aware of any changes in his/her condition. The claim is the employee s and the Association cannot be held responsible for delays, due to late filing of information by the employee or his/her physician. 2. Under law the employer does not have the option of not filing a WSIB claim for a lost time injury and does not have the option of paying salary in lieu of WSIB payments. Benefit Coverage While on Workers' Compensation 1. Under the terms of Bill 162 (Workplace Safety and Insurance Amendment Act) the Association will continue to provide for applicable employees, the same 100% employer paid benefit coverage as he/she received while at work, for a period of one year from the date of accident. 2. For benefits, which were cost-shared prior to the date of accident, the Association will continue to contribute its portion of the employee's benefits providing that the employee agrees to continue their share of contributions. The employee must submit monthly postdated cheques in advance to the Finance Department. 3. Each employee, who is receiving WSIB benefits and who chooses not to continue their benefits while on WSIB, will be asked to sign a waiver of benefits form to document their decision. Obligation to Re-Employ Injured Workers 1. WSIB will contact the employee who has filed a WSIB Claim, within 45 days of the date of the accident, to identify their vocational rehabilitation needs.

4 Page 4 of 5 2. WSIB makes the determination of the employee s ability to return to work based on the job description, duties and responsibilities, and the physical and mental functional requirements of the position. 3. WSIB will make any one of three determinations pertaining to the employee s vocational rehabilitation needs and return to work: a. The employee is medically able to perform the essential duties of his/her pre-injury employment. b. The employee is medically unable to perform the essential duties of his/her pre-injury employment, but is medically able to perform suitable work. c. The employee is medically unable to perform either his/her old job or other suitable work. 4. WSIB will notify CLQW of the outcome of this determination. CLQW s obligations are subject to the determination of WSIB. 5. The employer s obligations to have the employee return to work on a full time basis or under a Modified Work Program remain until the earliest of: a. Two years after the date of injury. b. One year after the date WSIB notifies CLQW that the worker is able to perform the essential duties of his/her original job. c. Age Based on the WSIB determination, CLQW will either: a. Offer to reinstate the employee to the job held by the employee on the date of injury; or b. Offer to provide the employee with alternative employment of a nature and at earnings comparable to the employee's employment on the date of injury. Return to Work 1. If the employee is medically able to perform the essential duties of the pre-injury employment the employee returns to his/her position on a mutually agreeable date. 2. If the employee is medically unable to perform the essential duties of his/her pre-injury employment, but is medically able to perform suitable work: a. CLQW will offer the employee the first opportunity of suitable employment that becomes available. There is no requirement that the position be of a nature or have earnings comparable to the original job. b. If it is determined at a later time that the employee who is performing suitable work can once again perform the essential duties of his/her pre-injury job, then CLQW will offer to reinstate the employee in his/her pre-injury position or in a comparable position.

5 Page 5 of 5 3. In the case of members of the collective bargaining unit, once an employee returns to work, CLQW will not terminate the worker for a period of six months to allow the employee a fair chance to prove him/herself in the position. 4. As a general rule, injured collective bargaining unit workers cannot use Bill 162 rights in any way, which would negatively affect employees with greater seniority under a Collective Agreement. [Subsection 54B(15) states that 54B(14) does not operate to displace the seniority provisions of a Collective Agreement]. Subsection 54b(4) of the Act provides that, if the statutory reinstatement and re-employment rights conflict with a Collective Agreement and if CLQW's obligations under the Act afford greater re-employment terms to a worker in the circumstances, then the legislation prevails over the Collective Agreement. 5. The "seniority provision" under Bill 162 applies only to employees covered by Collective Agreements and does not prevent non-unionized personnel who may have long service from having their jobs or livelihood affected by the exercise of Bill 162 rights by injured collective bargaining unit employees with less service.

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