Policy Updates/Clarifications Need more information on the latest word on a policy? Find it here. New regulation and re-employment policies for the construction industry A new regulation for the construction industry with regard to return to work and re-employment took effect on September 1, 2008. The regulation provides several benefits, including: return to work co-operation rules for construction employers and workers that didn’t exist prior to September 1, 2008 re-employment obligations for construction employers that are more clearly articulated improved return to work outcomes for the construction industry a reasonable balance between the interests of employers, workers and the system. Three WSIB operational policies and one overview document were created to support the re-employment provisions of the regulation. These policies also took effect on September 1, 2008 and apply to workers who are injured or become ill on or after that date. Operational policies to support the return to work provisions of the regulation will take effect at a later date. The WSIB operational policy documents are: 19-05-01 Overview – Re-employment in the Construction Industry 19-05-02 Re-employment Obligation in the Construction Industry – Threshold, Duration and Specific Employer Requirements 19-05-03 Compliance with the Re-employment Obligation – Construction Industry 19-05-04 Re-employment Penalties and Payments – Construction Industry. Additional details on the regulation and policies can be found on the Workers and Employers pages. The WSIB considered the input of both construction worker and employer stakeholders in arriving at the new regulation and operational policies. Improvements to NEL policies The WSIB has made revisions to its policies on non-economic loss to reflect a redesign of its NEL program. The revised policies, 18-05-03 Determining the Degree of Permanent Impairment, 18-05-04 Calculating NEL Benefits, and 18-05-09 Redeterminations and Recalculations, take effect on July 2, 2008. New policy — Fatal Claim Premium Adjustment Under the new Fatal Claim Premium Adjustment policy (14-02-17), the WSIB can apply a premium increase (equivalent to the NEER or CAD 7 refund that would have been received) to an employer that experiences a work-related traumatic fatality. Exceptions to the policy will be deferred to the merits and justice of each case, and there will be a right of appeal to all decisions made under the policy. This policy is not about finding fault or laying blame — it simply reflects the fact that, under the internal responsibility system, the onus is on an employer to protect its workers. When a work-related traumatic fatality occurs, an employer should not receive a rebate unless there are exceptional circumstances. (An example where an exceptional circumstance may exist is a third-party motor vehicle accident.) For more information, contact the Prevention Contact Centre at (416) 344-1016. New employer policies in effect April 7, 2008 As of April 7, 2008, two new policies are in effect for employers who have active appeals with the WSIB. The two policies are: Alternative Payment Arrangements (14-04-05) and Credit Interest on Appeals (14-02-16). The two policies were created in response to a report from the Standing Committee on Government Agencies in May 2007, which asked the WSIB to review its practice of collection activity while an employer’s premium issue is under appeal. In arriving at these two new policies, the WSIB is confident it has struck a fair balance between fairness to employers who have appeal issues and the rest of the employers in the system. If you have any questions about these new policies, please contact the WSIB’s Benefits and Revenue Policy Branch at 416-344-4150 or toll-free at 1-800-387-0750, ext. 4150. Voluntary Registration policy permament program in effect, April 1, 2008 We have implemented the Voluntary Registration policy to provide an opportunity for non-registered employers, who are legally required to register with the WSIB, to come forward to voluntarily register with partial amnesty. The permanent program is effective as of April 1, 2008. Stakeholder feedback report on Interim Policies to Support Bill 187 Amendments (Schedule 41) A report summarizing stakeholder feedback from the WSIB’s consultation on interim versions of key policies is now available. Health Care Equipment and Supplies Effective March 3, 2008, the WSIB requires workers to purchase approved health care equipment and supplies from a list of three preferred suppliers. We have developed two Operational Policies, 17-01-07 Preferred Supplier of Health Care Products/Services and 17-07-06 Health Care Equipment and Supplies to support this initiative. New Return to Work and Re-employment Regulation for Construction Sector The Government of Ontario has filed a regulation on return to work and re-employment obligations for construction employers and workers. The new regulation has been published on e-laws. Information about this regulation and related policies can be obtained by calling the WSIB at (416) 344-1000 or toll-free at 1-800-387-0750. For more information, please refer to the Q&A. Annual benefit rates review results for 2008 – all new rates effective January 1, 2008 Here is the explanation of the benefit rate changes effective January 1, 2008. Firefighter Policies Effective December 13, 2007 We have implemented two new policies to support presumptive legislation for heart injuries and for various cancers related to full-time firefighting. These policies are: 23-02-01 Cancers in Full-Time Firefighters and 15-03-12, Heart Injuries in Full-Time Firefighters. The policies were drafted in response to the Ontario Regulation 253/07 pertaining to full-time firefighters, which was passed on June 8, 2007. Also effective December 13, 2007, Policy 23-02-01 Brain Cancer and Lymphoid Leukemia, has been rescinded. Personal Care Allowance updated effective August 1, 2007 The OPM document 17-06-05, "Personal Care Allowance" has been revised to eliminate the fixed 3 year re-assessment of the personal care allowance (PCA), and to clarify the approach to be followed when the amount of the PCA changes upon re-assessment. Policy Amendments and the Functional Abilities Form We have made policy amendments to reflect improvements to the revised Functional Abilities Form (FAF). WSIB pilots new service delivery models Selected service delivery teams in Hamilton and Toronto are piloting two new approaches to case management, each with a focus on improving return to work and labour market re-entry outcomes. New policies effective January 1, 2007 We are set to release new policies effective January 1, 2007. One policy formalizes the Safety Groups program, a voluntary occupational health and safety incentive program for groups of employers. Another formalizes the current practice that requires Schedule 2 employers to provide security for costs under the insurance plan. Safety Groups Program The Safety Groups Program is a voluntary, rebate only, occupational health and safety incentive program. It provides a premium rebate upon demonstrated improvement in workplace safety and prevention by a group of employers. Improvement is measured by the achievement of action plans, the reduction of accident frequency and the reduction of injury severity. Read the Safety Groups Program policy 13-01-03 to see if it is right for you. Schedule 2 Security Requirement The new policy formalizes existing WSIB practice of requiring current or past Schedule 2 employers to provide security for amounts that are either due or may become due in the future under the insurance plan. View the Schedule 2 Security Requirement policy 12-01-05 for details. Mandatory Retirement at age 65 ends December 12, 2006 (24k, pdf) Do you have questions about WSIB benefits for older workers or employer premiums and obligations for older workers due to the passage of Bill 211? Bill 211 removes the mandatory retirement age of 65 for workers in Ontario as of December 12, 2006. Read the FAQ for answers to these and other questions regarding benefits and services provided by the WSIB for older workers. Questions and Answers – Students, Apprentices and Learners (400k, pdf) This Q & A explains the adjudication of claims when the worker in question is a student, an apprentice or a learner under the Workplace Safety and Insurance Act. Information covered in the Q & A includes whether the worker has coverage under the Ontario workplace safety and insurance system, the calculation of earnings, the payment of loss of earnings benefits and the provision of labour market re-entry services. Frequently Asked Questions – Interaction Between WSIB and CPP Benefits (173k, pdf) This FAQ provides basic information about WSIB and CPP benefits, and how these benefits may affect each other. Information is provided about who qualifies for WSIB and CPP benefits, when to apply for benefits, and how CPP benefits are offset from WSIB benefits. Amended Workwell Program Policy Changes have been made to the Workwell Program policy 13-01-02 to clarify the selection criteria for a Workwell evaluation. Policy updates ensure coverage for volunteer forces Two Operational Policy Manual policies on volunteer forces have been revised: 12-04-02, Volunteer Forces and 14-02-11, Insurable Earnings - Volunteer Forces. The policies become effective June 1, 2006. The definition of volunteer firefighter was revised to clarify that the policy includes the "two hatter" firefighter who works both as a full or part-time firefighter for one employer and as a volunteer firefighter for another employer. The policy change was made to ensure that a voluntary firefighter is not excluded from entitlement if he/she also works as a full or part-time firefighter. Notification of revised policies Three operational policies (197k, pdf) revised to support use of evidence-based resources that will inform claims management and return to work matters, leading to improved outcomes for workers. 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. Does your firm have voluntary by-application workplace safety and insurance coverage? If so, check out the rules for cancellation of by-application insurance. Operational Policy and Employer Classification Manual Changes The Benefits and Revenue Policy Branch is pleased to announce several policy changes, effective January 1, 2006. Clothing Allowance Policy Changes The WSIB has approved the reclassification of back supports/corsets as devices that may cause major damage to clothing. As a result, workers who qualify for a clothing allowance for the use of this device will be entitled to the major clothing allowance benefit, up to a maximum of $511.12 per year. Factors considered when making this decision included: Over the course of a number of meetings with injured workers, credible information has been provided to senior management on the extent of clothing damage which occurs through the daily use of back supports. The WSIB continues to balance the need to be responsive to the concerns of injured workers in a fair and equitable manner while recognizing that it is the employers who fund our system. This prospective policy change achieves this objective. Consistent with past policy decisions, the change will be effective using a prospective (forward-looking) date, January 1, 2006. A clothing allowance benefit for the use of a soft back support or corset will be paid up to the maximum rate for major damage as of the worker’s 2006 NEL/PD anniversary date, for the preceding 12 months only. For more information Reclassification of soft back supports/corsets: Questions and Answers [68k, pdf) Revised Policy 17-07-03 Clothing Allowances Coverage of Tsunami Disaster Relief Workers We allow coverage for workers performing tsunami relief work. 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. Child 19 Years or Older Continuing in Education This policy has been revised to extend the 10% payment from age 25 to 30, remove the first diploma requirement, and recognize apprenticeship and distance education programs. Operational Policy Manual Employer Classification Manual (ECM) Employer Classification Manual amended We have updated Employer Classification Manual document descriptions to reflect recently approved and minuted policy amendments all of which are effective January 1, 2004. Revised Interest Payments Policy Read a summary of the changes and the revised policy. Choice and Change of Health Professional We have revised our policy on choice and change of health professional. West Nile Virus Announcement Get information about West Nile Virus contracted at work. SARS Announcement Read about coverage and benefits in cases of job-related SARS. Chronic Pain Report Employer Premium Adjustments Entitlement Following Work Disruptions Consultation As a result of this consultation, we have revised our original draft policy and divided it into five separate policies. Impact of Bill 179 Legislative Amendment Traumatic Mental Stress This policy results from our Traumatic Mental Stress Consultation and review. What is a "Policy" Consultation To view policy documents, you will need Acrobat Reader. Download Acrobat Reader