New WSIB Construction Return-to-Work Regulation

"Ontario’s new Construction Return to Work (RTW) Regulation will come into effect on Sept. 1. The regulation will require that all contractors, regardless of size, be responsible for providing suitable re-employment to their injured workers. The period of re-employment will be up to two years after the date of the injury and for a one year duration after the worker is medically able to perform the essential duties of the pre-injury employment. "

COCA ready to help small contractors understand and implement new WSIB regulation

Construction Return-to-Work Regulation takes effect September 1, 2008

VINCE VERSACE

staff writer

The province’s new return-to-work regulation for construction will put smaller employers into new re-employment territory and the Council of Ontario Construction Associations hopes enforcement measures are not stringent right out of the gate.

“We would encourage the Board (Workplace Safety and Insurance Board) for at least at the beginning of the regulation being in place that they take an informative approach,” explains David Frame, president of COCA. “We also still do not know how it will be enforced.”

Ontario’s new Construction Return to Work (RTW) Regulation will come into effect on Sept. 1. The regulation will require that all contractors, regardless of size, be responsible for providing suitable re-employment to their injured workers.

The period of re-employment will be up to two years after the date of the injury and for a one year duration after the worker is medically able to perform the essential duties of the pre-injury employment.

Employers with less than 20 workers have not had RTW regulations applied to them before. Smaller employers have fewer opportunities to re-employ workers. The communication plan about the RTW for the construction industry will be essential, notes Frame.

“There are over 50,000 small-construction employers who need to be informed of their new responsibilities,” adds Frame.

Ontario’s Bill 99 included a responsibility to develop a construction-specific regulation that would apply to all contractors regardless of size.

COCA has been involved in discussions with construction unions, various employer groups and the WSIB on the subject.

An agreement was reached in December 2006 that is the basis for the new RTW regulation.

COCA reports that the WSIB is committed to developing policies to support the regulation and that it will consult with industry officials by June about the regulation.

A summary of the requirements and the application of the regulation for the construction industry will also be developed.

COCA says it recognizes that “this is a complex and difficult requirement for many contractors” and it will work to support policies and information to help the construction industry implement the new regulation.