THE EMPLOYERS' EDGE
WSIB Policies on Work Reintegration and NEER Become Effective July 15, 2011 and WSIB Announces 2012 Premium Rate Increase
After exhaustive stakeholder consultations, the final seven WSIB Work Reintegration and NEER policies will come into effect today. The thrust of these new policies is to return injured and/or ill workers back to work with their injury employer wherever possible. It is expected that the WSIB will be taking a much more pro-active position on workplace accommodation in order to ensure that injured workers are returned to work safely and as early as possible following their recovery. Now, more than ever, employers need to be aware of and comply with their duty to accommodate injured employees (under both the WSIB and human rights regimes) as well as their re-employment obligations.
The Work Reintegration policies have now integrated the Labour Market Re-entry, Re-employment and Early and Safe Return to Work requirements under the Workplace Safety and Insurance Act (the “WSIA”). The new NEER policy extends the NEER window from three (3) to four (4) years starting with 2008 injury years. It is hoped that these new policies will clarify employer obligations by clarifying such key terms as “suitable” and “available” work as well as “WR goal”, listing the factors that will not result in a finding of non-co-operation and providing more clarity and detail on the re-employment obligations of employers.
The Workplace Safety and Insurance Board (WSIB) also recently confirmed that premium rates for all employer rate groups will increase by two per cent on January 1, 2012.
The lawyers at CCP can assist employers in assessing whether they have met their legal obligations to accommodate both workplace and non-workplace illnesses/injuries. A misstep in the accommodation process can unfortunately be a costly mistake for employers.
We have included links to the new WSIB policies below.
NEER Policy (Policy #13-02-02)
Work Reintegration Principles, Concepts and Definitions (Policy #19-02-01)
Responsibilities of the Workplace Parties in Work Reintegration (Policy #19-02-02)
Determining Suitable Occupation Policy (#19-03-03)
Work Transition Plan (Policy # 19-03-05)
Work Transition Expenses (Policy #19-03-06)
Relocation Services (Policy #19-03-11)
Please Note: This blog has been prepared as an informational service for our clients and other interested parties. It is not intended to constitute legal advice, a complete statement of the law or opinion on any subject. Although we endeavour to ensure the accuracy of the content, no one should act upon the information provided without a thorough examination of the law after the facts of a specific situation are fully considered.