Mandatory WSIB Coverage in the Construction Industry

Transcription

1 Mandatory WSIB Coverage in the Construction Industry Ryan Connelly WSIB Mandatory Coverage Project December 2012

2 Topics Covered Mandatory Coverage in Construction What is new? When are the changes effective? Who does it affect and how? Are there exemptions? Is there a separate rate for executive officers in construction? How does it affect clearances? Getting ready Pre-registering Getting the word out 2

3 Mandatory Coverage in Construction What is new? The Ontario Government has changed the law* to expand coverage in the construction sector to be mandatory for most people who work in construction *Workplace Safety and Insurance Act,

4 When are the changes effective? January 1, 2013 is the effective date Policies and documentation to support the changes are now on our new dedicated Mandatory Coverage website BeRegisteredBeReady.ca as well as the WSIB s main website and become effective January 1, 2013 Pre-registration is available throughout

5 Who does the law affect and how? There are new requirements for: Independent operators Sole proprietors Partners in a partnership and Executive officers in a corporation Independent operators, a definition for WSIB The law says an independent operator in construction means an individual who: does not employ any workers, and reports as self-employed to a government agency (e.g., Canada Revenue Agency) and works as a contractor or subcontractor for more than one person during an eighteen (18) month period. 5

6 What will these people have to do differently in 2013? Even if they do have workers, these people must now have WSIB coverage for themselves This may mean a requirement to: register with the WSIB report their earnings and pay premiums on reported earnings (as well as their workers) This includes those who have multiple business activities so long as one of them is in Class G 6

7 What other rules are changing? There are changes to clearance certificate requirements Starting January 2013, BOTH general contractors/principals & contractors/subcontractors have new responsibilities for clearances 7

8 Clearance changes cont d People who purchase construction services must require all contractors/subcontractors to have a WSIB clearance before work starts, failure to do so is an offence (except those who only hire exempt home renovation contractors) This includes those who do not have a construction business activity themselves If, in 2013, WSIB finds that clearances are not being requested/provided, we will educate and advise people about the new law and their responsibilities Contractors/subcontractors that do not have a business activity in class G do not fall under mandatory coverage and therefore are not mandatorily required to register or provide a clearance we have revised our worker status decision letters to principals adding a statement confirming this eclearances are accessible on our website 24/7 Visit wsib.on.ca 8

9 Are there any exemptions? Home renovators* who work exclusively in home renovation and: work directly for the homeowner are paid directly by the homeowner * Home renovators with workers must still cover their workers but are exempt from coverage for themselves when they meet the above criteria Home renovation work is defined in the legislation as: Construction work that is performed on an existing private residence that is occupied or is to be occupied by the person who directly retains them or by a family member Construction work performed on a structure located at the site of the residence used for commercial work is not home renovation work and therefore not exempt 9

10 Are there any exemptions? One Executive Officer or Partner This exemption is for: corporations and partnerships with workers corporations without workers but with multiple executive officers partnerships without workers. A business may select one executive officer or partner to apply for an exemption from coverage To qualify the individual selected must not perform any construction work (periodic site visits are permitted) Only one person per company can be exempt 10

11 Form 1208WA Exemption from Coverage 11

12 Is there a separate construction rate for non exempt executive officers or partners? Yes. The WSIB has developed a separate rate as part of the premium setting process. Rate Group 755 Non-Exempt Partners and Executive Officers in Construction 2013 premium rate is.21* Individual may qualify for this rate if they are an executive officer or partner who: is not doing construction work (i.e. not on the tools ) does not qualify for the exemption No one gets the special rate automatically The corporation or partnership must request it Sole proprietors do not qualify for this rate * $ maximum (based on the 2013 annual WSIB maximum of $83,200 12

13 Form 1209WA Request for Rate Group

14 What will happen if individuals who require coverage do not register or get a clearance? They could miss work. If they do not have a clearance, the principal may refuse entry to the jobsite until they have one. It will be an offence for a contractor to perform construction work for a principal without a valid clearance in place 14

15 Getting ready for 2013 Pre-registering Anyone in construction who operates a business without workers can pre-register now How to pre-register Use our eregistration service on our website (wsib.on.ca) Over the phone ( ) or In person at one of our offices It takes 15 minutes to pre-register with basic information about a business Premiums are not payable until

16 Pre-Register online & sign up for other eservices to do all WSIB business online The e-services user ID & password will allow access various on-line options 16

17 Getting the Word Out: Education and Outreach BeRegisteredBeReady.ca website the central source for information about mandatory coverage to equip the industry to learn more and take action to comply wsib.on.ca website - additional source of information and construction classification search Outreach/speaking engagements to construction-related associations, labour organizations and purchases/suppliers of construction services Advertising and media radio messaging in the summer (early august) and fall (mid october) aired on over 40 radio stations; article, poster and print ad placed in Toronto Sun and 300 community newspapers, multilingual publications and trade newsletters, magazines and websites Identify / use existing WSIB partnering opportunities WSIB, Ministry of Labour, Service Ontario and Infrastructure Health & Safety Association staff to spread the word to customers 17

18 Dedicated Website 18

19 Education Poster and Print Ad 19

20 Where can you find out more? Check our websites: BeRegisteredBeReady.ca or wsib.on.ca Call our offices: 7:30 to 5:00 -- Monday to Friday Toronto: Long distance:

21 Questions? 21