WSIB - Ontario Nurses' Association

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• Ask your supervisor to correct the problem. If no action is taken, ask amember of your Joint Health and Safety Committee (JHSC) to make a recommendationin writing to your employer to correct the hazard and makeyour work environment safe.• If the danger is immediate and your supervisor will not correct the hazard,or you are not satisfied with the JHSC outcome, you can call the Ministryof Labour (MOL) yourself and launch a formal complaint (using thosewords), as you have an unresolved health and safety concern. If the dangeris immediate and significant and is not corrected, and you have reason tobelieve your health and/or safety is likely endangered, you may have aright to refuse work under the OHSA. In that instance, please call your LocalONA representative.7. If you have reason to believe the employer and/or WSIB are requiringyou to return to unsafe work, call the MOL with a formal Unioncomplaint. If necessary, you may be able to exercise your right to refuseunsafe work. Please call your Bargaining Unit ONA representative foradvice on refusing unsafe work under the OHSA.• It is ONA’s position that WSIB should not force a worker back to work ordiscontinue a worker’s benefits where the worker believes the work willharm her/him. It is our position that, in such cases, where the worker identifiesto the employer and/or WSIB that s/he has reason to believe the workoffered (modified or not) will likely endanger her/his health and/or safety,and turns down the work, it is a work refusal under OHSA. Therefore, theemployer must proceed to Stage 1 of the work refusal process, as outlinedin the OHSA (Supervisor and JHSC investigate).• WSIB currently has little regard for the OHSA and is known to discontinuea worker’s benefits on the basis of “a supposed suitable job offer from theemployer.” Rather than wait for WSIB to make a determination of a jobsuitability, which could take months, we believe our members have theright to have the supervisor and JHSC, followed by the MOL if necessary,properly investigate these work refusals before WSIB even gets involved.WSIB should be involved only when the work refusal has been investigatedand an agreement reached, or a determination is made by the MOL.8. If you are asked to attend a return-to-work meeting that only offers agradual return to work, when you believe aspects of the job exceed yourrestrictions, you should tell your employer this is a health and safetyhazard or concern.• Speak up. Tell your employer they must accommodate those tasks that donot fall within your limitations.17
• Many claims have been accepted initially and then denied because the employertold WSIB they had accommodated an ONA member. In reality,they only provided graduated hours and expected the ONA member to continueto do the heavy aspects of the work, i.e. lifting.• Make sure your concerns about your job are put in writing to the employerand WSIB.• Discuss with your doctor/health professional any concerns you have aboutcertain aspects of your job exceeding your restrictions. Ask your doctor/health professional to document all concerns s/he may have with the job.• Speak to your ONA Bargaining Unit Return to Work representative.18
Page 1 and 2: Workplace Safety andInsurance Board
Page 3 and 4: CONTENTSIntroduction. .............
Page 5 and 6: SECTION AFILING A CLAIM FOR WSIBBy
Page 7 and 8: explaining the details of your acci
Page 9 and 10: cess an RN (EC) or physiotherapist
Page 11 and 12: has often helped ONA win a case, es
Page 13 and 14: • Subsection 131(4) of the WSIA s
Page 15 and 16: to provide a written job descriptio
Page 17 and 18: • Employers are required by the O
Page 19: The employer is entitled to functio
Page 23 and 24: SECTION DMISCELLANEOUSReporting an
Page 25 and 26: Reimbursing the insurance carrierWS
Page 27 and 28: Workers should submit these stateme
Page 29 and 30: Time limits to notify ONA• Within
Page 31 and 32: claim was initiated, and who were n
Page 33 and 34: ly, there is a “60-Day Decision O
Page 35 and 36: and why. Review the file yourself a
Page 37 and 38: Suitable Occupation (SO)The Work Tr
Page 39 and 40: If a plan includes any work hardeni
Page 41 and 42: Other optionsEven though the worker
Page 43 and 44: When having your assessment, it is
Page 45 and 46: ONA OfficesProvincial Office - Toro
Page 47 and 48: North Western Ontario2114 Bordeau C
Page 49 and 50: TorontoWindsor970 Lawrence Ave. Wes
Page 51 and 52: Ontario Ministry of LabourEstablish
Page 53 and 54: CENTRAL REGIONCENTRAL REGION OFFICE
Page 55 and 56: St. CatharinesSarnia301 St. Paul St
Page 57 and 58: OttawaSarnia Liaison Office180 Kent
Page 59: ONAOH & SOHDOHSARN ECSEBSOSTDSWAWRW

WSIB - Ontario Nurses' Association

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