joint return to work committee (jrtwc) agreement - CAW

JOINT RETURN TO WORK COMMITTEE (JRTWC) AGREEMENTPOLICY AND OBJECTIVES:The company/employer and the union recognize that an early return to productive employment atthe appropriate time can assist ill or injured workers in achieving quicker rehabilitation and allowthem to maintain their personal dignity and financial stability.The company/employer and the union recognize that the Workers’ Compensation legislation andthe Human Rights Statutes place an onus on the employer to accommodate injured and ill workerswith the Human Rights Statutes creating the greater onus.This policy and subsequent agreement have the objective of assisting injured and ill workers by:• Supporting employees in maintaining their dignity and self-respect subsequent to beingadversely affected by a disabling injury or illness;• Ensuring the well-being of affected employees and, by doing so, reduce the stressesassociated with adjusting to disability, reintegration into the workplace, financialcomplications and other factors that adversely affect the disabled employee• Restoring the employee as much as possible to a normal life pattern while returning avaluable human resource to productive activity within the workplace;• Ensuring the involvement of the ill or injured worker, including the advice of the injuredworkers medical practitioner, in a voluntary return to work plan• Ensuring respect of medical confidentialityJOINT RETURN TO WORK COMMITTEEBased on the Policy and Objectives above, the company/employer (or name ofcompany/employer....) and the union agree to establish a Joint Return to Work Committee(JRTWC). This agreement forms part of the collective agreement.The committee is comprised of equal numbers of union and employee representatives. The purposeof the committee is twofold:1. To, wherever possible, return injured or ill workers to full employment at the appropriatetime and in a manner which assists in their recovery; and2. To assist the joint health and safety committee in the prevention of workplace injuries. Thecompany/employer recognizes that preventing injuries is the best and most effectivesolution to workplace injuries.CAW Health and Safety Department - Draft Language Page 1

To that end the company/employer (or name of company/employer....) agrees to:1. make every reasonable effort to provide, at the appropriate time 1 , suitable modified oralternate employment to employees who are temporarily or permanently unable to return totheir regular duties, as a result of an occupational or non-occupational injury or illness. Thiswill include training and/or the modification of work stations or equipment to accommodatedisabled employees in a manner consistent with the collective agreement and according tothe criteria listed below, providing that such accommodation does not create unduehardship to the company (employer).2. assist the committee in developing an analysis of injuries and their cause in order to provideinformation that can be used in the prevention of future injuries3. make every reasonable effort to modify existing jobs when it will assist in preventinginjuries and accommodating disabled workers.4. work with the JRTWC, in conjunction with the joint health and safety committee, tomodify jobs as is determined necessary to prevent future accidents, to accommodatedisabled workers and to return workers effectively to the work place.5. work with the JRTWC committee in conjunction with the joint health and safety committeeto develop job descriptions which will assist in assessing the suitability of the job for aninjured worker.The company/employer (or name of company/employer....) and the union agree that the function ofthe committee is to assist injured or ill workers in an early and safe return to productiveemployment in the work place, implement the return to work, develop and maintain an analysis ofoccupational injuries and illnesses and their cause in order to provide information that can be usedin the prevention of future injuries and make recommendations regarding modifying existing jobswhen it will assist in preventing injuries or accommodate disabled workers.MAKEUP OF THE COMMITTEE:The committee shall be composed of equal numbers of employer representatives (number..) andunion representatives (number...). Each member of the JRTWC will have an alternate who willattend meetings and conduct business in the absence of the committee member.1 Appropriate Time: The company/employer and union recognize that, while early intervention can often beappropriate and useful to the recovery of the injured worker, both economically and emotionally, it remains for theattending physician to determine the appropriate time for the workers’ return to workCAW Health and Safety Department - Draft Language Page 2

ROLE OF THE COMMITTEEPreventionIn order to prevent injuries the company/employer and union agree to make every reasonable effortto analyze the cause of workplace injuries and identify preventive measures with respect to theredesign of jobs and job assignments.To this end:1. The joint return to work committee will, in conjunction with the joint health and safetycommittee, develop and maintain an analysis of injuries and their cause in order to provideinformation that can be used in the prevention of future injuries and make recommendationson modifying existing jobs when it will assist in preventing injuries anc accommodatingdisabled workers.2. The company/employer will provide accident reports and information relevant to theanalysis required.3. The JRTWC will develop a physical demands analysis for all jobs.4. The company/employer agrees to pay for 16 hours in ergonmics training per year for allmembers of the JRTWC and their alternates. The company/employer also agrees to pay losttime for 16 hours of union training. (Alternative: establish a ergo rep who works with theJRTWC - train health and safety committee members)Return to Work Procedures:(name of company/employer....) will make every reasonable effort to accommodate employeescoming within the scope of this agreement with suitable alternate, temporary or permanentemployment, by reviewing, and if necessary, modifying their regular duties.In order to accommodate a disabled employee the following shall apply in the order listed below:· First, the disabled employee's present position will be considered for modification. Thegoal will be to bring the injured/ill worker back to the essential duties of their preinjury job.· Second, the essential duties of positions within the disabled employee's classification, willbe considered.· Third, the essential duties of positions within the bargaining unit will be consideredThe JRTWC will be responsible for developing a Return to Work Plan based on the above criteria.CAW Health and Safety Department - Draft Language Page 3

The Return to Work Plan should be based on, and tailored to, the individual workers’ needs. TheReturn to Work Plan should not be an arbitrary mould and should extend to the time required tobenefit of the injured worker.The job that the worker returns to should help the worker get better. It should be offered at the timeat which the worker is ready for, and will benefit, from it. It should be constructive andrehabilitative and it should assist the worker in re-integrating into the work force. The programshould be consistent with the collective agreement and not impose any arbitrary or unnecessaryrestrictions such as permitting no overtime for the employee. The worker should suffer no wageloss as a result of accommodation.OCCUPATIONAL INJURIESProceduresA worker is expected to report an injury at the earliest possible opportunity (failure to do so doesnot remove a worker from the scope of this agreement). Following notification of the injury theemployer/company will fill out the appropriate forms and reports as required by the workers’compensation law and health and safety legislation.The workers attending medical practitioner will receive a letter from the company/employeroutlining the need for information with regard to expected date of return to work and restrictionsthat may apply. This letter will include a copy of this JRTW agreement.The letter can be sent directly to the attending medical practitioner or given to the worker who willbe expected to provide it to the doctor. The company/employer will cover all costs; anyinformation obtained will be at no cost to the worker.The JRTWC may develop a specific set of questions defining the workers functional abilities.Such information will pertain to the employees capabilities/restrictions and not thediagnosis. The questions must clearly indicate that the attending medical practitioner will specifywhether and when a worker is able to return to work and outline the restrictions which apply at thepoint of return to work, including the anticipated rehabilitation period.The union members of the committee will receive copies of any accident reports and the attendingphysicians report as to restrictions and ability to return to work.Should there be any need for representatives of the JRTWC to contact the workers’ doctor, theywill do so only with the workers’ written authorization.CAW Health and Safety Department - Draft Language Page 4

Once the doctor’s reply has been received the JRTWC will meet to review the situation. At thepoint at which the worker is ready to return to work, the JRTWC will meet to develop a Return toWork Plan. The Return to Work Plan will be developed with the employee in attendance.PERMANENT DISABILITY (OCCUPATIONAL)1. Permanently disabled employees are those who experience an injury/illness thatpermanently restricts their ability to perform their regular duties2. In consultation with the employee, the JRTWC will make every reasonable effort toestablish a permanent modified work plan. This assessment will include a revisedmedical prognosis as may be necessary. Such a plan is subject to the same criteriaas set out above.3. The Modified Work Plan for a permanently disabled employee may be reevaluatedin the event that relevant circumstances change subsequent to the plan'simplementation.4. Accommodation may require an adjustment of work process or schedule, financialinvestment made by the company/employer to modify a work station, tool ormachine, or additional training of reasonable duration5. Accommodating permanently disabled employees may require specialarrangements not provided for by the collective agreement. These must benegotiated and jointly agreed to by the union and the company/employer.NON-OCCUPATIONAL INJURY OR ILLNESS (WIB)1. A worker who is disabled as a result of a non-occupational illness or injury will havethe same rights under this agreement as a worker disabled as a result of occupationalcauses. Every effort will be made to return the worker to work in an early and safemanner as provided in this agreement.2. Employees wishing to participate must have their doctor provide the pertinentinformation, at no cost to the employee, as outlined above.S:\Health&Safety 2006 Model Contract Language\Return to Work.Model Agreement.2006.doc\cw:jmcope343CAW Health and Safety Department - Draft Language Page 5