Canadian Occupational Safety (COS) magazine is the premier workplace health and safety publication in Canada. We cover a wide range of topics ranging from office to heavy industry, and from general safety management to specific workplace hazards.
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June/July 2014 15 DAVID MARCHIONE WORKERS' COMPENSATION DAVID MARCHIONE COMPENSATION Communicate return-to-work program to all parties Supervisors, employees must understand roles, responsibilities O ne of the key components of an employer's return-to-work (RTW) program is communi- cation. A RTW program is no different than any other program in the work- place or any other part of an employer's health and safety management system. It needs to be communicated to ensure accountability and effectiveness. Firstly, if you do not have a RTW program, it is recommended that you prepare one. It should set out the company's commitment to assisting workers with returning to work as quickly and safely as possible after an incident or illness, and the steps the employer will take for that to occur. It should outline the parties responsible for assisting workers with returning to work and their roles in the process. Once the RTW program is com- pleted, it needs to be communicated. The existence of a RTW program should not come as a surprise to work- ers when they have an injury. So what should be communicated to workplace parties? SUPERVISORS Supervisors should be made aware the RTW program exists and their role within it. Generally, a worker's supervisor is the direct line of com- munication between the worker and the employer and is most familiar with the work being done and other work available to the employee. Supervisors must be made aware of their role in maintaining contact with the worker, assisting in the gathering of functional abilities information and in the preparation or implemen- tation of any RTW program. This may include monitoring worker progress as he works through modifi ed hours or duties toward the goal of a return to the pre-injury employment. It is also the supervisor's responsibility to maintain open lines of communication with the worker, ensure any diffi culties with the RTW plan are identifi ed and corrected, and ensure the worker works within his functional abilities and does not perform work that may aggravate the injury or cause a new one. If your organization has a RTW co- ordinator or other similar position that is responsible for preparing RTW plans, it is important the supervisor maintain communication with that individual, so a worker's RTW plan can be amended if any diffi culties arise. EMPLOYEES Workers should be trained on your organization's RTW program during their initial orientation and peri- odically thereafter. Workers should understand the organization will help to reintegrate them back into the workplace following an injury and accommodation is available for them. They should understand their role in the RTW program, including their duty to participate in appropriate health-care measures for their reha- bilitation, the provision of providing functional abilities information to their employer and their duty to assist in identifying suitable work that may be available for them in the workplace. Workers must also be made aware of their duty to maintain communica- tion with their employer throughout their recovery, their responsibility to report any change in their condition, and their responsibility to attempt suitable work that is offered to them. While attempting to perform accommodated work, workers should be made aware that any diffi culty with the work or the RTW program should be reported immediately so that it may be changed or amended as required. If a worker has not returned to work following an injury or illness, ensure he is aware you will follow up with him periodically. Advising supervisors and workers about your RTW program and educating them about their roles within that program will help increase effectiveness and ensure success. David Marchione is an occupational health and safety and workers' compensation specialist with Compclaim, a consulting practice of Mathews, Dinsdale & Clark LLP in Toronto. He can be contacted at dmarchione@compclaim.com. Carswell's Green Book helps you stay up to date on new legislation Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order # 986072-65203 $23.95 Softcover approx. 980 pages March 2014 978-0-7798-6072-2 Available on standing order subscription Multiple copy discounts available Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. New Edition Pocket Ontario OH&S Act & Regulations 2014 – Consolidated Edition AUTHORITATIVE. INNOVATIVE. TRUSTED. Where do you turn for the latest developments in occupational health and safety law? Pocket Ontario OH&S Act & Regulations 2014 – Consolidated Edition contains the complete and current Occupational Health & Safety Act and Regulations. New in this edition • Basic Occupational Health and Safety Awareness Training – new Regulation (O. Reg. 297/13) introducing mandatory basic health and safety awareness training for workers and supervisors, revoking O. Reg. 780/94 (Training Programs) and amending O. Reg. 414/05 (Farming Operations) (November 14, 2013, July 1, 2014). The regulation sets out the minimum content of the training programs, the timing of training, the requirements for maintaining records of training and who is exempt from the training. • Training Requirements for Certain Compulsory Trades – new Regulation (O. Reg. 87/13) and amending Regulations (O. Regs. 88/13, 89/13, 90/13, 91/13 and 92/13) amending R.R.O. 1990, Reg. 854 (Mines and Mining Plants), R.R.O. 1990, Reg. 950 (Set Fines), O. Regs. 213/91 (Construction Projects), 67/93 (Health Care and Residential Facilities) and 414/05 (Farming Operations) to reflect the coming into force of the Ontario College of Trades and Apprenticeship Act, 2009 (April 8, 2013, April 8, 2014). • Updated list of OH&S Resources and the index and revised the Table of Contents. Often referred to as the "Greenbook", it is a must-have resource for every Ontario organization. Also available in French* Loi et règlements sur la santé et la sécurité au travail en Ontario 2014 *Where no official French regulation is available, the regulation will be published in English.