RECOVERY & RETURN TO WORK

Workplace Safety and Insurance Act (WSIA)

The WSIA is monitored and enforced by the Workplace Safety and Insurance Board. It establishes a system which ensures that workers are compensated for work-related injuries and occupational diseases. Participating employers, in return, are given immunity from civil suits for worker injury/disablement. The purpose of the WSIA is to accomplish the following in a financially responsible and accountable manner:

• Promotion of health and safety in workplaces.
• Ensuring wherever possible the successful return to work of employees following work-related injuries or occupational illnesses.
• To facilitate re-entry into the labour market of workers and spouses of deceased workers.
• To provide compensation and other benefits to workers and to the survivors of deceased workers.

The employer has the duty to modify the work or the workplace to accommodate the needs of the workers to the extent of undue hardship. The employer must re-employ the injured worker if they have worked continuously for the employer for one year and the employer normally employs 20 or more workers. If possible, and the worker is medically able to perform the essential duties of the job they must be returned to their pre-injury position. If the worker is unable to perform essential duties of their job, but is able to work they must be offered work appropriate to their functional abilities within the terms set out in the Act s. 40(1-2) and s. 41 (5-6)

Ontario Human Rights Code (OHRC)

The OHRC is the overarching legislation that requires employers to accommodate employees who are seeking accommodation due to disability up to the point of undue hardship.

Accessibility for Ontarians with Disabilities Act (AODA)

This legislation establishes mandatory accessibility standards in order to achieve accessibility for all people with disabilities by removing and preventing barriers for people with respect to goods, services, facilities, accommodation, employment, buildings and structures. The AODA adopts the broad definition of disability found in the OHRC. Specific to accommodation of a worker this standard applies to those who employ workers and offer accommodation. (Section 3)

1. The workplace needs to have a strong commitment to health and safety which is demonstrated by the behaviours of the workplace parties.

• This is demonstrated by Sr. Leadership invest in resources and time to promote safety and coordinate Return to Work; labour support for safety policies and return to work programming, commitment to safety issues is the norm across the organization.
• This includes have a clear, detailed and well-communicated organizational workplace mental health policy that supports the Return to Work and Stay at Work process. This includes many of the items already covered when you are Just Getting Started.

2. The employer makes an offer of modified work to the injured/ill workers so they can return early and safely to work activities suitable to their abilities.

• The literature highlights that work accommodations are an integral part of the return to work process and the context of their implementation determines their effectiveness.
• Learn tips for accomodating a worker who is suffering from PTSD.

3. Those planning return to work need to ensure that the plan supports the returning worker without disadvantaging co-workers and supervisors.

• The systematic reviewed highlights that the Return to Work process is a “socially fragile process.” To reduce resentment towards the returning work, steps must be taken to anticipate and address concerns that Co-workers and Supervisors have to ensure better outcomes. This can include education and encouraging cooperation with the process.
• Offering training on PTSD and other mental health conditions is important. Raising awareness can address issues around stigma about mental health conditions and facilitate Return to Work.
• Of importance, disclosure needs to remain in the hands of the worker. Regardless of disclosure evidence suggests that reducing stigma and silence around PTSD can facilitate successful accommodation and Return to Work.

4. Supervisors are trained in work disability prevention and are included in the return to work planning.

• Supervisors are important to the success of the Return to Work program because they are closest to the worker and they can manage the immediate return to work environment. This means that that in the case of PTSD, Supervisors and Managers need to understand how to accommodate a Worker suffering from PTSD which may involve training and education.
• It may be important to train the Supervisor on how they can assist the Worker when they return to work specifically how to listen to the Worker’s limitations, helping identify tasks which may be challenging, evaluating the effectiveness of the interventions and the environment.
• The literature highlights the need for the application of a systematic, structured and coordinated Return to Work process and plan and indicates that having this in place optimizes and improves return to work outcomes.
• Involving the Supervisor or Manager in the Return to Work process also helps them feel more equipped to accommodate the Worker when they come back to work.

5. The Employer makes early and considerate contact with the injured/ill Worker.

• The literature suggests that early contact is core to successful Return to Work programs, but it should consider the workers specific situation. This contact should be made by the immediate Supervisor and focus on the Workers well-being and mental health.
• The Supervisor may want to refer back to Important Messaging for Workers about What to Expect which provides tips on how to communicate with workers who have experienced traumatic events, including reminding them that:
  • No one who sees a traumatic event is untouched by it.
  • It is normal to feel sadness, grief and anger about what happened and what you saw.
  • It is natural to feel anxious about your safety or the safety of those who are important to you.
  • They should acknowledge your feelings, it will help you move forward more quickly.
  • Everyone have different needs and different ways of coping. This is normal.
  • It is healthy to reach out for, and accept help if you need it.
• The literature highlights that for this to be successful the workplace environment should be characterized by a shared sense of goodwill and confidence.

6. There is a person in the workplace who is responsible for coordinating Return to Work. This person can help provide an individualized plan that focuses on the workers initial and ongoing needs.

• It is important that the person coordinating return to work has clear mandates and feel empowered to be flexible with creating different work accommodations.
• Assisting the injured Worker remain or return to work while they recover while also ensuring that the workers return to work date is sensible, flexible and safe for the Worker.
• Help the Worker return to the workplace post injury.
• Connect and consult with the injured worker, treating Health Professional, and WSIB representative and make sure that every understands what to expect and what is expected of them.
• Monitor the Workers progress towards returning to work.
• Take steps to prevent further injury/illness.
• Help resolve issues or disputes related to the return to work.

7. Employers and Healthcare Providers communicate with each other about the workplace demands, as needed, and with the worker consent.

• The literature highlights the importance of the workplace facilitating access to evidence based treatment.
• Healthcare Providers can play a significant role in the Return to Work process as the injured Worker is often looking to them for advice and guidance on how to Return to Work.
• It is important that all of the players understand the workers job and the ability to accommodate.
• Permission must be provided from the Worker for this type of contact to take place and the type of contact will vary based on individual circumstances and Healthcare Providers.