KITIMAT DRAFT Report
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DISTRICT OF <strong>KITIMAT</strong><br />
SITUATIONAL ASSESSMENT REPORT
Situational<br />
Assessment <strong>Report</strong><br />
District of Kitimat<br />
<strong>DRAFT</strong><br />
June 2016
This program is a non profit initiative of the<br />
BCFED Health & Safety Centre.<br />
The Health & Safety Centre is administered by the<br />
British Columbia Federation of Labour<br />
and is funded by the<br />
BC Workers’ Compensation Board.<br />
<strong>DRAFT</strong><br />
The BCFED Health & Safety Centre 2001. No part of this report covered by this copyright<br />
may be reproduced in any form of by any means (whether electronic, mechanical, or photographic)<br />
for storage in retrieval systems, tapes, disks, or making multiple copies, without the expressed<br />
written permission of the BC Federation of Labour.
Background<br />
The cost of disability including direct costs such as short-term disability, long-term disability,<br />
total permanent disability and Workers’ Compensation Board (WCB) costs as well as indirect<br />
costs such as lost productivity, overtime pay, temporary help and unhappy customers, continues<br />
to climb for BC organizations. Employers have embraced disability management programs (early<br />
return-to-work programs for example) in response to these rising costs and increased legislative<br />
requirements.<br />
But despite supportive cost data and buy-in from employees/unions and a variety of third parties,<br />
workplace return-to-work programs are experiencing mixed successes. Too often these programs<br />
are too narrow in focus, time limited, inconsistent with human rights legislation and many barriers<br />
to return to work are not properly identified or removed.<br />
Historical Perspective<br />
Foreword<br />
There was a time, not that long ago, when workers injured at work were expected to stay at home<br />
and remain off work until they were completely recovered and able to do the full functions of<br />
their job. That ideology changed in the early to mid eighties and the new mentality gained more<br />
momentum as the courts continued to unravel the meaning of the duties under human rights’<br />
legislation.<br />
There were a number of reasons for the change in attitudes. One reason was the amendment<br />
and enforcement of human rights’ legislation as well as in some jurisdictions, the introduction of<br />
statutory re-employment obligations.<br />
The advancement of a body of medical evidence supporting, that for a majority of musculoskeletal<br />
injuries, the best rehabilitation was aggressive physiotherapy and a reintegration into modified<br />
or transitional duties or transitional work. Physicians were of a consensus that for these types of<br />
injuries, excessive bed rest and passive therapy only served to prolong recovery and lead to the<br />
acceleration of degenerative conditions.<br />
<strong>DRAFT</strong><br />
Perhaps the most significant reason was, although the economy was generally good, employer<br />
costs regarding insurance and workers’ compensation premiums were spiraling through the roof.<br />
Situational assessment<br />
District of Kitimat 1
More and more employers were being taught that the easiest way to control these insurance costs<br />
was to get workers off benefits as quickly as possible. There were a number of options available<br />
in this strategy including:<br />
• intimidate/threaten a worker so they would not put in a claim<br />
• dispute any entitlement with insurance or workers’ compensation providers<br />
• delay sending in proper forms for prompt payment of claims<br />
• create a workplace attitude that penalizes and isolates injured workers<br />
• pay a worker to simply sit in the lunch room or change-house<br />
• hire investigators, medical and claim consultants to dispute genuineness of claims<br />
• use safety award programs to create co-worker animosity<br />
• offer modified work that is designed to embarrass or ostracize the worker<br />
• offer modified work for a short period, and then arbitrarily communicate an ultimatum to<br />
resume their normal job or go off on benefits<br />
• offer modified work until the worker can resume normal activities<br />
As can be seen, almost none of the options seem to approach the problem of rehabilitation or the<br />
removal of barriers that cause disability. Rather than focus on the provision of therapeutic modified<br />
work that promoted full recovery and sustainability, employers chose to popularize the sudden<br />
explosion of a new cottage industry of claim management consultants.<br />
These consultants focused on disputing claim entitlement and obtaining any claims cost relief<br />
that was available. This new brand of advocacy did little in regards to the advancement of good<br />
re-employment practices and resulted in bogging down the adjudication and appeal structures and<br />
allowed employers to be financially rewarded for engaging in dubious practices.<br />
Quite simply, Return to Work was NOT working; for employers, workers, unions, insurance<br />
providers and health care providers.<br />
Research was undertaken in the field of disability management/accommodation practices with the<br />
intent of developing leading or best practices.<br />
One area that was identified consistently was the need to realize where a workplace with respect to<br />
their return-to-work practices, what performance targets they had, where the gaps in their program<br />
were and how effective was the evaluation of their overall program.<br />
In other words, the research confirmed that in order to facilitate positive changes that increased<br />
successful outcomes, the starting point is determining what the current situation is. This is called<br />
Awareness”.<strong>DRAFT</strong><br />
“Situational<br />
2<br />
Situational Assessment<br />
District of Kitimat
Situational Awareness<br />
Situational awareness is the perception of environmental elements within a volume of time and space, the<br />
comprehension of their meaning and the projection of their status in the near future. Situational awareness<br />
<strong>DRAFT</strong><br />
involves being aware of what is happening around you to understand how information, events and your<br />
own actions will impact your goals and objectives, both now and in the near future.<br />
Situational awareness means that a human appropriately responds to important informational cues. This<br />
definition contains four key elements: (1) humans, (2) important informational cues, (3) behavioural cues,<br />
and (4) appropriateness of the responses. Important informational cues refer to environmental stimuli that<br />
are mentally processed by the human. The appropriateness of the responses implies the comparison of the<br />
response with an expected response or a number of possible expected responses. Expected responses form<br />
the basis for a performance measure of situational awareness.<br />
While situational awareness can be defined as a state of knowledge, a situational assessment can<br />
be described as a process used to achieve that state. It refers to the process of achieving, acquiring or<br />
maintaining situational awareness.<br />
Therefore, situational awareness is viewed as “a state of knowledge” and a situational assessment as “the<br />
processes” used to achieve that knowledge.<br />
The following “Situational Assessment Survey” will be used to evaluate the effectiveness of the workplace’s<br />
return-to-work practices and recommend effectual actions to improve outcomes.<br />
There are 12 areas (attributes) that are explored by the “Situational Assessment Survey”. They are:<br />
1. Commitment Policy/RTW Policy 7. Linking Primary and Secondary Prevention<br />
2. Injury/Absence <strong>Report</strong>ing Procedures 8. Utilization of Disability Prevention Principles<br />
3. Early Contact & Intervention 9. Compliance with Human Rights<br />
4. Cooperative RTW Responsibilities 10. Mobilization of RTW Leadership<br />
5. Elimination of Attitudinal Barriers 11. Internal Dispute Resolution Mechanism<br />
6. Transfer of Medical Information 12. RTW Program Evaluation<br />
This first phase of review relies on subjective data gathered by survey questions that are intended to reflect<br />
the perceptions and experiences of the current RTW practices. The attributes, survey questions and data<br />
analysis are consistent with the most current return-to-work, evidence-based practices and research.<br />
The last area of review relies on objective data that will assist to determine the workplace’s retrospective<br />
performance indicators.<br />
Situational assessment<br />
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3
Figure 1<br />
Key Research:<br />
The Situational Assessment is developed on fundamental principles and leading practices for successful return to<br />
work that have been identified by research, including a systematic review of the literature completed by the Institute<br />
for Work & Health.<br />
Twelve “Principles” for Successful Return to Work<br />
1. Strong Commitment/RTW Policy - The workplace has a strong commitment to a successful returnto-work<br />
program and this is evidenced by a return-to-work policy.<br />
2. Injury <strong>Report</strong>ing Procedures - The workplace has a formal Injury/Absence reporting procedure which<br />
encourages the reporting of injuries, hazards and potential hazards or risks. The absence reporting<br />
system is consistent for all absences and is communicated to the employees.<br />
3. Early Contact & Intervention - There is an early contact and intervention strategy. The communication<br />
is sensitive to the employee and conveys the support of the employer to the health and well-being of<br />
the employee.<br />
4. Cooperative RTW Responsibility - Return-to-Work responsibilities are shared cooperatively by the<br />
workplace parties. There is joint administration of the program in unionized workplaces.<br />
5. Elimination of Attitudinal Barriers - Education is provided to ensure that misconceptions and negative<br />
attitudes concerning injured workers are eliminated.<br />
6. Transfer of Medical Information – There is a communication strategy to ensure health care providers<br />
are aware of the workplace RTW program and commitment to therapeutic RTW principles.<br />
7. Linking Primary and Secondary Prevention – Successful accommodation strategies are considered<br />
and used in prevention strategies.<br />
8. Utilization of Disability Prevention Principles – Barriers to reintegration into the pre-injury job are<br />
identified and removed using creative solutions.<br />
9. Compliance with Human Rights – RTW must default to Human Rights legislation as the highest<br />
legislative obligation.<br />
<strong>DRAFT</strong><br />
10. Mobilization of the RTW Leadership – All workplace parties must be included and trained on active<br />
participation in the RTW process.<br />
11. Internal Dispute Resolution Mechanism – Any disagreement that may arise during the RTW process<br />
should be dealt with internally through discussions with the key/relevant parties.<br />
12. RTW Program Evaluation – The program must have continuous scrutiny to ensure it continues to<br />
provide the necessary support and desired outcomes.<br />
4<br />
Situational Assessment<br />
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District of Kitimat Overall Assessment Results<br />
District of Kitimat Situational Assessment Findings:<br />
Chart 1<br />
Optimal Score: 38,700<br />
District of Kitimat Score: 8,410<br />
21.7% of Optimal Score Achieved<br />
<strong>DRAFT</strong><br />
Situational assessment<br />
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5
Figure 2<br />
Strong Commitment/RTW Policy<br />
Attribute #1 - Key Research:<br />
The organizational culture is reflected in a policy and indicates that safety and health is prioritized<br />
alongside productivity and quality control. A policy is a statement of the commitment to safety and<br />
health and prevention (primary and secondary) of injury/illness in the workplace. All members of<br />
an organization need to be aware and informed of the safety and health program including policies,<br />
procedures, roles, responsibilities, training and resources. The written policy should be signed by<br />
the highest level of management and displayed within the organization in an area where it can be<br />
viewed by the employer, manager/supervisor, worker and the public. (“Towards an Effective and<br />
Efficient Regional Occupational health Program for the Health Care Sector in Winnipeg”, disability<br />
Prevention and Management Guidelines for Health Care – 2003)<br />
From the onset, employer commitment and involvement in disability prevention and management<br />
are considered central to the success of disability management. (Chan and Leahy, 1999)<br />
Managerial policies, practices and attitudes are related to, and perhaps have a causal effect on,<br />
workplace safety. (Geldart et al – 2010)<br />
Strong organizational disability management policies and practices are particularly salient for work<br />
accommodation offers, whereas longer job tenure is particularly salient for acceptance of offers. For<br />
policy-makers, this suggests that early on in the RTW process, more attention needs to be placed<br />
on job-level factors, workplace-level factors and policy about mandatory work accommodation to<br />
improve work disability outcomes. (Franche et al – 2009)<br />
<strong>DRAFT</strong><br />
6<br />
Situational Assessment<br />
District of Kitimat
Survey Attributes<br />
1. Commitment Policy<br />
Research has shown that a successful RTW program must start with a strong commitment<br />
from the workplace leadership (management and unions). One method of demonstrating<br />
this commitment is jointly developing a RTW Policy or mission statement (usually<br />
one page) that defines the commitment of the parties. The questions were designed to<br />
assist in determining the commitment of everyone in the workplace regarding a fair and<br />
equitable RTW Process.<br />
District of Kitimat Situational Assessment Findings:<br />
Optimal Score: 2026<br />
District of Kitimat 706<br />
35% of Optimal Score Achieved<br />
Chart 2<br />
<strong>DRAFT</strong><br />
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7
Figure 3<br />
RTW/AccommodATion Policy<br />
(The Employer), (The Union) and the Joint Health & Safety Committees (JHSC) (the Parties) recognize their<br />
moral and legal responsibilities towards employees with disabilities. The Parties have, through consultation<br />
and a cooperative partnership, developed a Return to Work/Accommodation Program consistent with<br />
Disability Prevention principles and compliant with all applicable legislation including the Ontario Human<br />
Rights Code, Occupational Health & Safety Act and the Workplace Safety & Insurance Act.<br />
The goal of the program is to establish a work environment that promotes health & safety and healthy<br />
lifestyles, decreases the risk of injury or illness, and enhances the quality of life. A Return to Work<br />
Committee, with representation of all the parties, will assist in the administration of the Return to Work/<br />
Accommodation Program.<br />
The Return to Work/Accommodation Program is committed to providing a safe and timely return to<br />
productive and sustainable employment for employees disabled through occupational or non-occupational<br />
injury or illness. The return to work process restores a worker to the workplace as part of his/her recovery<br />
program. The program shall be applied fairly and consistently and ensure that every attempt is made to<br />
provide reasonable accommodation that reintegrates an employee back to their pre-disability position.<br />
The Return to Work /Accommodation Program will assist employees in achieving safe, timely and effective<br />
rehabilitation and therapeutic return to work, while maintaining their personal dignity and financial<br />
stability. The Program will promote a strong relationship between Primary (hazard identification & injury<br />
prevention) and Secondary(safe, rehabilitative RTW) prevention and ensure the JHSC and the employee are<br />
active partners in the process. The Program will engage internal and external professional resources where<br />
appropriate.<br />
The parties are committed to ensuring that participation in the Return to Work/Accommodation Program will<br />
not negatively impact the health & safety of other employees.<br />
All efforts will be made to resolve disagreements or disputes regarding the Return to Work/Accommodation<br />
Program, or its components, through discussions with management and the union(s) and the JHSC where<br />
required, and in a spirit of cooperation. Participation in the Return to Work/Accommodation Program will<br />
not prejudice the employee with disability or any other employee from receiving rights negotiated under the<br />
collective agreement<br />
Dated:<strong>DRAFT</strong><br />
The Parties recognize that the duty to accommodate is a shared responsibility. This Program forms part of the<br />
operating procedures of the organization.<br />
Signed:<br />
(Vice President Human Resources)<br />
(Union President)<br />
8<br />
Situational Assessment<br />
District of Kitimat
Observations:<br />
1) Less than half of the respondents agree that there is a RTW Policy. This demonstrates in part,<br />
a lack of effective communication mechanism.<br />
Chart 3<br />
The organization has a written RTW Policy statement<br />
39% <br />
4% <br />
8% Strongly Agree <br />
22% <br />
Somewhat Agree <br />
27% <br />
Unknown <br />
Whole Audience <br />
Somewhat Disagree <br />
Strongly Disagree <br />
2) Over 50 percent of the respondents agree that supervisors and managers are committed to the<br />
return-to-work (RTW) policy. This result shows that there is a foundation of respect and trust<br />
within the organization. This will be an asset should decisions be made to make changes to<br />
the RTW policy and/or program.<br />
Chart 4<br />
Supervisors/Managers are committed to the RTW Policy.<br />
24% <br />
17% <br />
5% <br />
23% <br />
31% <br />
Strongly Agree <br />
Somewhat Agree <br />
<strong>DRAFT</strong><br />
Unknown <br />
Whole Audience <br />
Somewhat Disagree <br />
Strongly Disagree <br />
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9
3) An overwhelming majority of respondents believe that there is a strong link between Health<br />
& Safety and RTW and is demonstrated by the policy. As less than half of the respondents<br />
in previous questions agreed that there was a RTW Policy, it can be assumed that the strong<br />
response in this question would support that respondents believe that ‘IF” a RTW Policy<br />
exists, it should support a strong link between H&S and RTW.<br />
Chart 5<br />
The RTW Policy supports a link between health & safety and RTW<br />
16% <br />
4) Less than half of respondents agree that there is a formal RTW Program.<br />
Chart 6<br />
40% <br />
35% <br />
13% <br />
9% 1% <br />
4% <br />
18% <br />
39% <br />
25% <br />
Strongly Agree <br />
Somewhat Agree <br />
Unknown <br />
Whole Audience <br />
Somewhat Disagree <br />
Strongly Disagree <br />
The organization has a formal RTW Program.<br />
Strongly Agree <br />
<strong>DRAFT</strong><br />
Somewhat Agree <br />
Unknown <br />
Whole Audience <br />
Somewhat Disagree <br />
Strongly Disagree <br />
10<br />
Situational Assessment<br />
District of Kitimat
5) Almost all of the management responses confirmed that they agreed that there was a RTW<br />
Program, but few others had knowledge of a program if it exists. A strong indicator that a<br />
communication plan regarding the RTW Program is needed.<br />
Chart 7<br />
27% <br />
Opera8ons <br />
Maintenance <br />
Union Leadership <br />
16% <br />
Management <br />
0 5 10 15 20 25 <br />
Percent of Total <br />
6% <br />
29% <br />
22% <br />
Question 11<br />
Strongly Disagree <br />
Somewhat Disagree <br />
Unknown <br />
Somewhat Agree <br />
Strongly Agree <br />
6) The responses here support that a communication plan regarding the RTW Program, and its<br />
identification of roles and responsibilities needs to be developed.<br />
Chart 8<br />
The RTW Program has clearly defined roles and<br />
responsibilities.<br />
Strongly Agree <br />
<strong>DRAFT</strong><br />
Somewhat Agree <br />
Unknown <br />
Whole Audience <br />
Somewhat Disagree <br />
Strongly Disagree <br />
Situational assessment<br />
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11
Summary:<br />
In keeping with the leading research, it appears that the vast majority of respondents agree that there<br />
is a Policy and strong commitment to that policy by the organization. In contrast, some respondents<br />
do not agree that the primary goal of the Policy is safe, sustainable, timely and therapeutic RTW.<br />
This may be explained by the response to question 7 which deals with communication of the<br />
Policy.<br />
Recommendations:<br />
1) Educate workplace senior leadership, both management, non-union and union in regards to<br />
statutory requirements of accommodation practices and benefits of a good RTW program.<br />
2) Develop a plan to communicate the Policy to the entire workforce of Thames Valley<br />
<strong>DRAFT</strong><br />
12<br />
Situational Assessment<br />
District of Kitimat
Summary:<br />
In keeping with the leading research, it appears that the vast majority of respondents agree<br />
that there is a Policy and strong commitment to that policy by the organization. In contrast,<br />
some respondents do not agree that the primary goal of the Policy is safe, sustainable, timely<br />
and therapeutic RTW. This may be explained by the response to question 7 which deals with<br />
communication of the Policy.<br />
Recommendations:<br />
1) Educate workplace senior leadership, both management, non-union and union in<br />
regards to statutory requirements of accommodation practices and benefits of a good<br />
RTW program.<br />
2) Develop a plan to communicate the Policy to the entire workforce of Kitimat<br />
<strong>DRAFT</strong><br />
Situational assessment<br />
District of Kitimat<br />
13
Figure 4<br />
Injury <strong>Report</strong>ing Procedures<br />
Attribute #2 - Key Research:<br />
Successful firms were highly rigorous in their investigation of accidents. Their efforts are characterized<br />
by immediate response to incidents and timely determination of the root causes of accidents and<br />
injuries. These firms also employ formal investigation procedures for near misses. The firms not<br />
only have regular accident investigation procedures that are documented policy with operational<br />
procedures spelled out, but their management is responsive to the findings of these investigations and<br />
timely in implementing corrective solutions. (Hunt et al – 1993)<br />
Verify the element using the 5 Steps. Look for examples:<br />
Injury/Illness reporting policy/procedure.<br />
Required forms and time frames for completion detailed.<br />
Roles and responsibilities included.<br />
Flow chart of activities provided.<br />
Keep records of training for both workers and management regarding their responsibilities for<br />
reporting work-related injuries and illnesses. ( Health and Safety and Return to Work Assessment,<br />
Disability Prevention Branch, Workplace Safety and Insurance Board – 2009)<br />
A transparent system will enable each of these stakeholders to understand the benefits which<br />
‘‘rehabilitation and return to work before compensation’’ would bring to the workers.<br />
(Tang et al – 2011)<br />
<strong>DRAFT</strong><br />
Moderate evidence indicated that facilitation of navigation through the disability management system<br />
improved work absence duration outcomes. Cost reductions from these interventions were achieved<br />
from increased work hours and improved return-to-work rates. (Pomaki et al – 2012)<br />
14<br />
Situational Assessment<br />
District of Kitimat
2. Injury / Absence <strong>Report</strong>ing Procedures<br />
The research establishes a significant relationship between injury reporting and successful returnto-work<br />
outcomes. A formal and consistent injury reporting mechanism should instill confidence<br />
in workers that reporting injuries, hazards and potential risks/hazards is encouraged.<br />
District of Kitimat Situational Assessment Findings:<br />
Optimal Score: 2004<br />
District of Kitimat Score: 814<br />
41% of Optimal Score Achieved<br />
Chart 7<br />
<strong>DRAFT</strong><br />
Situational assessment<br />
District of Kitimat<br />
15
Observations:<br />
1) 96% of respondents agree that they are aware of who to contact immediately after an<br />
injury or illness. This shows that communication is being sent and understood in the<br />
areas of injury and illness reporting procedures.<br />
Chart 8<br />
2) Over 80% of respondents agree that injury reporting procedures are clearly<br />
communicated and understood. A concern arises that the majority of the disagreement<br />
responses, although a small percentage (10% out of the 14%), are found in the RTW<br />
participant groups.<br />
Chart 9<br />
<strong>DRAFT</strong><br />
16<br />
Situational Assessment<br />
District of Kitimat
3) It appears that non-occupational reporting is not as clearly understood by the respondents. In<br />
this question, 21% did not know and 21% disagreed with the statement.<br />
Chart 10<br />
4) Almost 60% of the respondents did not know if there are procedures in place to ensure a copy<br />
of the Form 6 is copied to the employer. This is slightly higher than the 55% that did not know<br />
if procedures were in place to ensure the Form 7 is copied to the employee.<br />
Chart 11<br />
Chart 11<br />
<strong>DRAFT</strong><br />
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District of Kitimat<br />
17
Summary:<br />
The responses indicate that the majority of staff are aware of reporting requirements and<br />
also know who to turn to for help. Education on the procedure will assist those who do not<br />
know.<br />
The responses indicate a need to review the current RTW process/program in one particular<br />
area. A program should be jointly developed that satisfies the needs of all stakeholders (i.e.<br />
injured workers, employer, management, union(s) and employees. Clearly outlining who is<br />
available to assist workers with their forms (Form 6 and 7 in particular) and ensure they are<br />
given to the appropriate parties will resolve this issue. A communication plan needs to be<br />
developed to educate on the fundamental principles and application of the RTW program<br />
which will also include the detail of reporting and the necessary forms.<br />
Recommendations:<br />
1) Facilitate the joint review of the RTW program that;<br />
i) identifies clear roles and responsibilities of everyone involved in the RTW process,<br />
and<br />
ii) formalizes the RTW process so that it is applied fairly and consistently in each and<br />
every case<br />
2) Develop a communication plan to educate the workforce on the RTW program<br />
especially as it relates to reporting procedures.<br />
<strong>DRAFT</strong><br />
18<br />
Situational Assessment<br />
District of Kitimat
Figure 5<br />
Early Contact and Intervention<br />
Attribute #3 - Key Research:<br />
The initial contact with the worker following disability should express that the workplace cares and<br />
initiate the conversation on return-to-work. (Larsson & Gard, 2003)<br />
It is essential to instill the return-to-work thought in the employee’s mind. The employee perception<br />
of whether they will return to work is a very important variable in whether or not the employee will<br />
return to work. (Hogg-Johnson & Cole – 2003)<br />
Our data provides some evidence that early intervention could be beneficial for appropriate subsets<br />
of high-risk patients, probably in the form of workplace coordination and support, physical activation<br />
or cognitive-behavioural strategies to overcome emotional distress and negative pain beliefs.<br />
Our primary conclusion is that the use of patient questionnaires of pain-related concerns and<br />
expectations can be useful to identify patients in greatest need of early intervention to alleviate<br />
emotional distress, overcome activity limitations, or increase workplace support, respectively. (Reme<br />
et al – 2012)<br />
Facilitating navigation through the disability management system, by providing work absent workers<br />
with information about modified work options, rehabilitation and the disability management process<br />
appears to be a simple, yet effective, method of improving return-to-work outcomes among workers<br />
with common mental health conditions, more so than among workers with low back pain or other<br />
musculoskeletal disorders. It is possible that providing information to this subgroup of workers gives<br />
them much needed clarity about what lies ahead in the return-to-work process. (Pomaki – 2012)<br />
<strong>DRAFT</strong><br />
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19
3. Early Contact / Intervention<br />
An early intervention strategy is crucial to the success of RTW efforts. Communication through<br />
early contact must be sensitive to the employee and the message should confirm the workplace’s<br />
commitment and support to the health and well-being of the employee. It should not be to entice<br />
them into a premature return to work before they are medically or psychologically ready to return.<br />
District of Kitimat Situational Assessment Findings:<br />
Optimal Score:1432<br />
District of Kitimat Score: 264<br />
18% of Optimal Score Achieved<br />
Chart 12<br />
<strong>DRAFT</strong><br />
20<br />
Situational Assessment<br />
District of Kitimat
Observations:<br />
1) 55% of respondents agree that someone from the organization contacts an employee when they<br />
are injured in a sensitive manner. Chart 14 shows the distribution of answers for this question.<br />
Chart 13<br />
2) There are “unknown” responses in every category except leadership and some “disagree” in<br />
every category except union non-RTW participants.<br />
Chart 14<br />
<strong>DRAFT</strong><br />
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District of Kitimat<br />
21
3) Over 50% of the respondents did not know whether or not a communication package<br />
is sent. Although the majority of the respondents who were unaware were in the nonreturn-to-work<br />
participant groups, almost 20% were from the non-union return-to-work<br />
participant group. There is also disagreement with this statement across all of the groups.<br />
Education is required on what is sent to workers who are absent from work.<br />
Chart 15<br />
4) Similar results to the previous question. Over 60 percent are unaware if a package is sent<br />
to the health care provider and this is across all categories. Disagreement, although small,<br />
is also across all categories.<br />
Chart 16<br />
<strong>DRAFT</strong><br />
22<br />
Situational Assessment<br />
District of Kitimat
Summary:<br />
Although an overwhelming majority (94%) of participants agreed that early contact was made,<br />
and more (96%) were aware of who to contact, fewer were aware of the type of contact and<br />
information supplied when an employee is off work due to injury or illness. Generally, the majority<br />
of respondents are unaware of the process regarding communication and planning of return to<br />
work when a worker is absent from work.<br />
Recommendations:<br />
1) Facilitate a joint review of the early contact and interventions including:<br />
a) Training for supervisors on the workplace’s commitment to support the worker’s<br />
health and well-being.<br />
b) Communications to the workers regarding expectations and procedures when<br />
absent from work for injury or illness.<br />
<strong>DRAFT</strong><br />
Situational assessment<br />
District of Kitimat<br />
23
Figure 6<br />
Cooperative RTW Responsibility<br />
Attribute #4 - Key Research:<br />
The empowerment of important stakeholders in the workers’ insurance and compensation system and their inclusion<br />
in the planning of service delivery are crucial for developing a sustainable and effective system. (Tang et al- 2011)<br />
Work disability involves multiple factors and there are now a number of well-recognized disability prevention<br />
strategies offered as part of comprehensive, occupational rehabilitation services that have been successfully piloted<br />
in different countries. These strategies mainly target specific biopsychosocial and environmental/workplace factors<br />
in an attempt to facilitate the RTW and SAW (healthy stay at work) processes. However, such models require a<br />
contextual adaptation in order to be successfully implemented in a given country. They also require joint agreements,<br />
good cooperation among stakeholders and a common understanding of the consequences of work disability. (Costa-<br />
Black, Chen, Li & Loisel – 2011)<br />
Most studies suggested optimal relationships among stakeholders were important for RTW Intervention. (Kong<br />
etal – 2012)<br />
Additionally, worker and management collaboration through JHSCs continue to play an important role in generating<br />
and maintaining safe and healthy workplaces.<br />
Internal responsibility for occupational health and safety comes not only from management but also from the<br />
interaction between management and labour, from mandated safety committees and from empowered workers. As<br />
expected, greater agency of the JHSC was related to lower injury rates. While nearly all JHSCs were responsible for<br />
conducting inspections and investigating serious accidents, JHSCs at firms with lower injury rates were more likely<br />
to have executive functions and to be responsible for the training of workers. They were also more likely to work in<br />
collaboration with management. (Geldart et al – 2010)<br />
Workers’ problems with extended claims were linked to RTW policies that did not easily accommodate conflict or<br />
power imbalances among RTW parties and by social relations and processes that impeded communication about<br />
RTW situations and problems. Avenues for intervention are located in a shift to a critical lens to RTW process that<br />
addresses differences of knowledge, resources and interests among different parties. (MacEachen et al – 2010)<br />
We recommend employing strategies to encourage a “shared understanding” of RTW – for example, processes that<br />
bring together workers, unions, employers, insurers and healthcare providers. (Workplace-based Return-to-Work<br />
Interventions: A Systematic Review of the Quantitative and Qualitative Literature – Institute for Work and Health<br />
- 2004)<br />
<strong>DRAFT</strong><br />
A person’s chance of returning to the labour market is not solely determined by improvement in health but is<br />
also affected by individual factors (i.e. sociodemographic and psychological characteristics) and factors from the<br />
workplace, health and social insurance domains.<br />
Furthermore, the transition from long-term sickness absence from work is often a complex process involving various<br />
stakeholders (ie, the affected workers, employers, healthcare providers, and insurers), who may have different<br />
perspectives on how to achieve a successful RTW. (Helverskov et al – 2012)<br />
24<br />
Situational Assessment<br />
District of Kitimat
4. Cooperative RTW Responsibility<br />
A successful RTW program starts with the participation of both management and labour in the<br />
development and operation of the program. When the union is an equal partner in the development<br />
and management of the process they, by default, take responsibility to find equitable solutions.<br />
A cooperative approach fosters problem-solving practices and reduces adversarial tactics and<br />
negative attitudes.<br />
District of Kitimat Situational Assessment Findings:<br />
Optimal Score: 2184<br />
District of Kitimat Score: 236<br />
11% of Optimal Score Achieved<br />
Chart 17<br />
<strong>DRAFT</strong><br />
Situational assessment<br />
District of Kitimat<br />
25
1) Almost 50% of the respondents are unaware of whether or not there is a return-to-work<br />
committee. Chart 19 below shows the distribution of responses across the categories.<br />
Chart 18<br />
2) The only group which did not have an “unknown” response was the union RTW participant<br />
group and they were evenly split with agreeing and disagreeing as to whether or not there is a<br />
formal RTW committee.<br />
Chart 19<br />
<strong>DRAFT</strong><br />
26<br />
Situational Assessment<br />
District of Kitimat
3) The responses in Chart 20 might be interpreted as an indication of the split between union<br />
and non-union workers however, when the distribution by category (Chart 21) is analyzed both<br />
responses are found across all categories.<br />
Chart 20<br />
4) Each category has both “unknown” responses and agreement with the statement that grievances are<br />
filed with respect to RTW or the duty to accommodate.<br />
Chart 21<br />
<strong>DRAFT</strong><br />
Situational assessment<br />
District of Kitimat<br />
27
Summary:<br />
In this attribute, the unknown responses are high in the majority of the questions. Nine out<br />
of 12 questions have an unknown response near or over 50%. It would be expected that<br />
for some union-related questions, that the non-union groups may have unknown responses<br />
however, this response is across the union and non-union categories for the majority of<br />
questions in this section. In most cases the Leadership group either do not have “unknown”<br />
responses or a low percentage.<br />
Recommendations:<br />
1. Review the structure of the RTW committee and formalize it within the RTW Program.<br />
2. Facilitate a joint review of the RTW responsibilities including:<br />
a) A communication strategy for workers that outlines the roles and responsibilities of<br />
each workplace party<br />
b) Education for the workforce in roles and responsibilities of each workplace party<br />
<strong>DRAFT</strong><br />
28<br />
Situational Assessment<br />
District of Kitimat
Figure 7<br />
Elimination of Attitudinal Barriers<br />
Attribute #5 - Key Research:<br />
Research evidence has shown that it is behaviours in the workplace that are associated with good<br />
return-to-work outcomes. (Intracorp – 2002)<br />
Most thought that the greatest barriers to return to work were workers` fears about injuries and<br />
unsupportive supervisors or co-workers. (Guzman, Yassi, Cooper, Khohar – 2002)<br />
If others are disadvantaged by the RTW plan, this can lead to resentment towards the returning<br />
worker rather than cooperation with the RTW process. The injured worker may have to deal with<br />
co-workers who resent having to take over some of his or her work and therefore feel that the worker<br />
has managed to get an ``easier`` job (Workplace-based Return-to-Work Interventions: A Systematic<br />
Review of the Quantitative and Qualitative Literature – Institute for Work and Health - 2004)<br />
An extensive review of literatures on employment for persons with disabilities identified the following<br />
key barriers to employers recruiting and retaining persons with disabilities: Negative attitudes, false<br />
assumptions and myths and perceptions about persons with disabilities held by employers, managers<br />
and supervisors and other employees. (Recruitment and Retention of Persons with Disabilities ain<br />
British Columbia – 2004)<br />
Future research should include disability outcomes other than return to work and address attitudinal<br />
and environmental factors at home as well as factors at work. (Guzman et al – 2007)<br />
Workers’ problems with extended claims were linked to RTW policies that did not easily accommodate<br />
conflict or power imbalances among RTW parties and by social relations and processes that impeded<br />
communication about RTW situations and problems. Avenues for intervention are located in a shift<br />
to a critical lens to RTW process that addresses differences of knowledge, resources and interests<br />
among different parties. (MacEachen, Kosny, Ferrier & Chambers – 2010)<br />
<strong>DRAFT</strong><br />
In conclusion, managerial and worker participation in OHS initiatives characterizes safer workplaces.<br />
Also, general concern of management towards OHS—illustrated by both attitudes and concrete<br />
actions—is also associated with lower injury rates. (Geldart et al – 2010)<br />
Situational assessment<br />
District of Kitimat<br />
29
5. Attitudinal Barriers<br />
The negative attitudes of co-workers and supervisors and even injured workers<br />
themselves have been identified as a significant barrier to successful RTW. The questions<br />
help identify attitudes in the workplace respecting RTW and how the process impacts<br />
on others.<br />
District of Kitimat Situational Assessment Findings:<br />
Optimal Score: 2168<br />
District of Kitimat Score: 622<br />
29% of Optimal Score Achieved<br />
Chart 22<br />
<strong>DRAFT</strong><br />
30<br />
Situational Assessment<br />
District of Kitimat
Observations:<br />
1) 67% of respondents disagree with this statement.<br />
Chart 23<br />
2) 84% of respondents perceive that injured workers are productive. This is positive in that<br />
the vast majority of workers believe that injured workers are productive which can assist in<br />
ensuring there is a continuation of positive attitudes towards injured workers.<br />
Chart 24<br />
<strong>DRAFT</strong><br />
Situational assessment<br />
District of Kitimat<br />
31
3) 73% of respondents believe that the workplace genuinely cares about injured<br />
workers.<br />
Chart 25<br />
4) Over 50% of respondents agree that RTW in this organization is done within<br />
healthcare professionals expectations.<br />
Chart 26<br />
<strong>DRAFT</strong><br />
32<br />
Situational Assessment<br />
District of Kitimat
5) Although responses to other questions in this section show that this organization is a caring<br />
place when workers can return to productive work, this response seems to indicate that there<br />
is a perception that accommodating workers causes disruptions in the workplace. Chart 28<br />
shows that the agreement is across all categories and it also shows that there is disagreement<br />
to the statement in all categories.<br />
Chart 27<br />
Chart 28<br />
<strong>DRAFT</strong><br />
Situational assessment<br />
District of Kitimat<br />
33
Summary:<br />
It appears that many of the respondents have a perception that the RTW process is fairly<br />
applied and with the best interest of the injured worker as the focal point. The perceptions<br />
are contradicted in responses to other related questions in the survey that appear to indicate<br />
that there may be attitudinal barriers in the workplace when accommodations are needed.<br />
Those barriers need to be addressed to assure successful RTW outcomes.<br />
Recommendations:<br />
1. Develop a process of identifying attitudinal barriers that may negatively impact RTW<br />
outcomes.<br />
2. Provide Training when attitudinal barriers are found.<br />
The training needs to include legal references to support that injured workers<br />
do not get to pick their favourite accommodation option, nor does the law<br />
provide them preferential treatment. What the law and research do support<br />
is that the accommodation process must maintain the worker as the integral<br />
part of the accommodation process. This means that each RTW plan should<br />
be developed with valued and significant input from the worker with the<br />
disability.<br />
<strong>DRAFT</strong><br />
34<br />
Situational Assessment<br />
District of Kitimat
Figure 8<br />
Transfer of Medical Information<br />
Attribute #6 - Key Research:<br />
The systematic review showed that contact between workplaces and health care providers reduced<br />
work disability duration. Employers who have difficulty contacting physicians or who feel that<br />
physicians delay RTW may end up second-guessing the worker`s doctor when making judgements<br />
about the worker`s recovery and ability to RTW. (Workplace-Based Return-to-Work Interventions: A<br />
Systematic Review of the Quantitative Literature, Franche et al – 2005)<br />
MCP employers were satisfied particularly with the frequency and quality of communication received<br />
from the health care provider regarding return to work and work modification issues. Improved<br />
employer-provider communication may foster early return to work and thereby have a beneficial<br />
effect on health and employment outcomes for injured workers. While the individual most directly<br />
affected by the method of treatment and the workers’ compensation system is the worker, employers<br />
are also affected by the outcome of treatment for work-related injuries/illnesses. Consistent with the<br />
quality of communication regarding treatment, the intervention-group respondents reported more<br />
frequent updates on time-loss status than comparison group respondents and were more satisfied<br />
with the quality of information received from providers regarding time-loss claims. Intervention<br />
group respondents were also more likely to report that injured workers were placed on modified<br />
work duty than comparison-group respondents. (Kyes, Wickizer, & Franklin – 2003)<br />
We found that two relatively straightforward interventions: a primary care delivery model for all<br />
illnesses and injury regardless of their cause coupled with improved communication between the<br />
employer and the physician were successful in reducing medical expenditures. ( Keyes et al – 2010)<br />
Finally, an implicit fourth element of successful interventions emerges from these studies:<br />
Connecting healthcare and workplace systems to impact the return-to-work process as workers with<br />
CMHCs (common mental health conditions) can be reluctant to seek treatment, especially those with<br />
undiagnosed conditions. (Pomaki et al – 2012)<br />
<strong>DRAFT</strong><br />
Clinicians demonstrated a high level of agreement (94%) when making RTW recommendations for<br />
injuries with clear pathology. However, a lower level of agreement (56%) was observed for back<br />
pain where the etiology of pain and disability is often more complex. Clinicians, most commonly,<br />
recommended RTW with restrictions, underlining the importance of work accommodations and<br />
modified duties in facilitating recovery and resumption of work. (Ikezawa et al – 2010)<br />
Situational assessment<br />
District of Kitimat<br />
35
O<br />
1<br />
2<br />
C<br />
6. Transfer of Medical Information<br />
The transfer of appropriate and timely functional abilities information is crucial to early<br />
intervention strategies. A communications strategy must be developed that educates treating<br />
healthcare providers about the workplace RTW program and commitment to therapeutic<br />
RTW principles. Treating healthcare providers must be confident that they will not be relied<br />
upon as the “gatekeepers” of the RTW process allowing them to focus on treatment and<br />
rehabilitation protocols.<br />
District of Kitimat Situational Assessment Findings:<br />
Optimal Score: 1600<br />
District of Kitimat Score: 260<br />
16% of Optimal Score Achieved<br />
Chart 29<br />
<strong>DRAFT</strong><br />
36<br />
Situational Assessment<br />
District of Kitimat
Observations:<br />
1) The strong (72% ) “disagree” response to this statement is an indication of confidence in the<br />
organization.<br />
Chart 30<br />
2) The response to question 66 shows that the union and management know that the employer<br />
only contacts the healthcare provider with the express consent of the worker. There is an<br />
opportunity for improvement in that some union (non-RTW participants) respondents as well<br />
as non-union respondents are unaware of this good practice.<br />
Chart 31<br />
<strong>DRAFT</strong><br />
Situational assessment<br />
District of Kitimat<br />
37
Summary:<br />
There is a good understanding of the confidentiality with respect to medical information and<br />
the good practices at Thames Valley. It does, however, appear that many of the respondents<br />
who are not management or union are unaware of the process and responsibilities in the<br />
RTW process as it relates to interactions with healthcare professionals.<br />
Recommendations:<br />
1) Jointly develop a communication package that outlines the roles and responsibilities<br />
in the RTW process and include a package for the healthcare professionals outlining the<br />
commitment of District of Kitimat to therapeutic RTW principles.<br />
<strong>DRAFT</strong><br />
38<br />
Situational Assessment<br />
District of Kitimat
Figure 9<br />
Linking Primary and Secondary Prevention<br />
Attribute #7 - Key Research:<br />
Fewer incidents resulting in lost work days and fewer workers’ compensation claims in organizations that<br />
were more diligent and thorough in their safety efforts, devoted management time and resources to support<br />
prevention, took a proactive approach to return to work (beginning early and involving all concerned parties in<br />
the process), and created a work climate that values people. (Habeck, Hunt & VanTol - 1998, Habeck, Scully,<br />
VanTol & Hunt – 1998)<br />
In addition, workplaces with lower LTFR (lost time frequency rate) benefitted by having JHSCs with more<br />
executive functions and greater worker involvement. In conclusion, managerial and worker participation in<br />
OHS initiatives characterizes safer workplaces. Also, general concern of management towards OHS, illustrated<br />
by both attitudes and concrete actions, is also associated with lower injury rates. (Geldart et al – 2010)<br />
Our main findings show strong evidence to support the economic merits of ergonomic and other MSK injury<br />
prevention interventions in the manufacturing and warehousing sector and strong evidence to support systemlevel<br />
disability management interventions that cut across multiple sectors. (Tompa et al – 2009)<br />
Our findings suggest that job-level factors, workplace factors and policy about minimum job tenure for<br />
mandatory work accommodation are stronger determinants of offer and acceptance of work accommodation<br />
than individual health factors, 1 month post-injury. (Franche et al – 2009)<br />
Additionally, worker and management collaboration through JHSCs continues to play an important role in<br />
generating and maintaining safe and healthy workplaces. Internal responsibility for occupational health and<br />
safety comes not only from management but also from the interaction between management and labour,<br />
from mandated safety committees and from empowered workers. As expected, greater agency of the JHSC<br />
was related to lower injury rates. While nearly all JHSCs were responsible for conducting inspections and<br />
investigating serious accidents, JHSCs at firms with lower injury rates were more likely to have executive<br />
functions and to be responsible for the training of workers. They were also more likely to work in collaboration<br />
with management. (Geldart et al – 2010)<br />
<strong>DRAFT</strong><br />
In conclusion, we have shown in this project that disability can be prevented and successfully managed to<br />
the benefit of the company and its employees when it is a conscious and coordinated part of the company’s<br />
overall goals. The twin strategies of trying to prevent injuries in the first place and working to minimize<br />
their disabling effects through disability management techniques in the second place, are both shown to be<br />
productive in reducing workplace disability. (Hunt et al – 1993)<br />
Situational assessment<br />
District of Kitimat<br />
39
7. Linking Primary and Secondary Prevention<br />
Good accommodation strategies result in good prevention strategies. The Joint Health<br />
and Safety Committee must be involved in the development of accommodation strategies.<br />
Successful prevention strategies (secondary prevention) should be utilized by the JHSC in<br />
primary prevention strategies.<br />
District of Kitimat Situational Assessment Findings:<br />
Optimal Score: 920<br />
District of Kitimat Score: 132<br />
14% of Optimal Score Achieved<br />
Chart 32<br />
<strong>DRAFT</strong><br />
40<br />
Situational Assessment<br />
District of Kitimat
Observations:<br />
1) This question has the strongest agreement in this attribute yet only 66% agree that there is a<br />
relationship in the workplace between RTW and prevention.<br />
Chart 33<br />
2) There is agreement across the groups on this question yet respondents still have a relatively<br />
large unknown component in all but union RTW participant and management groups.<br />
Chart 34<br />
<strong>DRAFT</strong><br />
Situational assessment<br />
District of Kitimat<br />
41
3) 75% of respondents do not know whether or not the JHSC uses successful accommodation<br />
strategies to prevent injuries in the workplace.<br />
Chart 35<br />
Summary:<br />
It appears that many of the respondents who are not management or the union are unaware<br />
of the process and responsibilities the JHSC plays in the RTW process.<br />
Recommendations:<br />
1) Jointly develop a communication package that outlines the roles and responsibilities in<br />
the RTW process and include information on the roles of the JHSC in the RTW process.<br />
<strong>DRAFT</strong><br />
42<br />
Situational Assessment<br />
District of Kitimat
Figure 10<br />
Utilization of Disability Prevention Principles<br />
Attribute #8 - Key Research:<br />
A permanent modification of the pre-injury job is the most advantageous form of modified work.<br />
Yet in the Institute for Work & Health study of 1500 BC workers mentioned above, only 3.5<br />
percent reported they were offered layout or equipment changes to their work station. Temporary<br />
modifications such as reduced hours, a flexible schedule and lighter jobs were repeatedly offered to<br />
15 percent, 13 percent and 28 percent of workers respectively. Neglecting to alter the pre-injury job<br />
leaves open the possibility for recurrent episodes of back pain in the future. (NIOSH Musculoskeletal<br />
disorders and workplace factors: US Department of Health and Human Services – 1997)<br />
Work disability involves multiple factors and there are now a number of well-recognized disability<br />
prevention strategies offered as part of comprehensive, occupational rehabilitation services<br />
that have been successfully piloted in different countries. These strategies mainly target specific<br />
biopsychosocial and environmental/workplace factors in an attempt to facilitate the RTW and SAW<br />
(healthy stay at work) processes. However, such models require a contextual adaptation in order to be<br />
successfully implemented in a given country. They also require joint agreements, good cooperation<br />
among stakeholders and a common understanding of the consequences of work disability. (Costa-<br />
Black, Chen, Li & Loisel – 2011)<br />
Return-to-work interventions that include a workplace component result in improved vocational<br />
outcomes for workers disabled due to a health problem. This effect has been demonstrated<br />
internationally, across a range of conditions and workplaces and the impact of workplace interventions<br />
is greater than medically-focused interventions that lack a workplace component.<br />
Focus group discussions revealed that nurses are more frequently involved with both coordinating<br />
RTW and managing medical care. Thus, they may need specific medical evaluation skills, knowledge<br />
about treatment efficacy and best practices. This knowledge may be useful for other RTW coordinators<br />
without this role but was not found to be essential.<br />
<strong>DRAFT</strong><br />
Conversely, those with vocational counselling backgrounds were more likely to be directly<br />
involved with not only coordinating the RTW process but evaluating and designing specific job<br />
accommodations. These activities require skills in work capability evaluation, job task analysis, and<br />
a high degree of integration into the worksite, more so than other RTW coordinators without these<br />
responsibilities. (Pransky et al – 2010)<br />
Situational assessment<br />
District of Kitimat<br />
43
8. Utilization of Disability Prevention Principles<br />
Every effort must be made to reintegrate a worker back to their pre-injury job by identifying<br />
barriers to performing tasks and generating creative solutions using work reorganization<br />
strategies, assistive devices and other internal resources to overcome those barriers.<br />
Transitional or accommodated work must have a therapeutic value and promote full<br />
recovery. There should be a holistic approach in RTW planning that takes into account<br />
social, economic and psychological factors. The worker needs to be the focal point of any<br />
discussion on RTW planning.<br />
District of Kitimat Situational Assessment Findings:<br />
Optimal Score: 4868<br />
District of Kitimat Score: 1196<br />
25% of Optimal Score Achieved<br />
Chart 36<br />
<strong>DRAFT</strong><br />
44<br />
Situational Assessment<br />
District of Kitimat
1) 73% of the respondents agree that the pre-injury job is the goal in return to work. This is an<br />
underlying principle of disability prevention.<br />
Chart 37<br />
2) The answers for this question are almost evenly split but the lowest score is in the “agree”<br />
category. This indicates that communication and education is needed. Also, a communication<br />
package needs to be developed to clearly communicate the RTW procedures.<br />
Chart 38<br />
<strong>DRAFT</strong><br />
Situational assessment<br />
District of Kitimat<br />
45
3) This may be a perception that carries through from the positive results in the commitment<br />
section. Disability Prevention Principles clearly make the pre-injury job the first and<br />
best choice. Suitable alternative work may be perceived as doing what is best for the<br />
injured worker.<br />
Chart 39<br />
4) Social considerations are important when determining individual return-to-work plans.<br />
Removing the worker from the social network of co-workers may have a negative effect<br />
on return-to-work outcomes.<br />
Chart 40<br />
<strong>DRAFT</strong><br />
46<br />
Situational Assessment<br />
District of Kitimat
5) This relates back to the commitment of the employer and indicates good practices.<br />
Chart 41<br />
6) With input from the health care provider as to functional abilities, the workplace parties<br />
developing the RTW plan are following disability prevention principles.<br />
Chart 42<br />
<strong>DRAFT</strong><br />
Situational assessment<br />
District of Kitimat<br />
47
7) Although 67% (chart 42) agreed that employees are consulted with respect to the RTW plan,<br />
only 46% feel that the input is meaningful.<br />
Chart 43<br />
8) Only 42% of respondents disagree with this statement and there is agreement with it in all<br />
categories.<br />
Chart 44<br />
<strong>DRAFT</strong><br />
48<br />
Situational Assessment<br />
District of Kitimat
Summary:<br />
There are some good disability prevention practices but they need to be communicated to the workers.<br />
Education is essential in understanding the principles of disability prevention. Having a RTW policy and<br />
procedures that follow these best practices of disability prevention does not facilitate worker acceptance<br />
unless they are trained both in the principles and the process used at Thames Valley.<br />
Recommendation:<br />
1. Joint worker training in disability prevention principles.<br />
2. Joint development of a communication package outlining the roles, responsibilities and goals of the<br />
RTW practices at Thames Valley.<br />
<strong>DRAFT</strong><br />
Situational assessment<br />
District of Kitimat<br />
49
Figure 11<br />
Compliance with Human Rights<br />
Attribute #9 - Key Research:<br />
Human Rights legislation is quasi-constitutional. All other legislation other than the Charter of<br />
Rights and Freedoms has less authority than human rights. Since protection from discrimination<br />
for disability is protected under human rights legislation, all accommodations and return-towork<br />
practices must comply with applicable human rights legislation.<br />
BC Human Rights Tribunal: Snow v. of Canada Manufacturing Honda (2007) confirms that<br />
determinations of cooperation under the Workplace Safety and Insurance Act have no direct<br />
bearing on whether or not the employer has satisfied their obligations under human rights.<br />
Many Human Rights Tribunal decisions have confirmed the high standard required in the Duty<br />
to Accommodate and the dual process required in order to meet that standard. The duty has a<br />
procedural duty and a substantive duty. The procedural process requires a thorough evaluation<br />
of the barriers and possible accommodations that prevent the worker from fully participating in<br />
the workforce. Then, the substantive duty is invoked which requires the employer to make the<br />
modifications or provide the accommodation necessary to allow the employee to fully participate<br />
in the workforce unless doing so would cause undue hardship (Lane v. ADGA Group consultants<br />
Inc. – 2007), (Baber v. York Region district School Board – 2011), (Gourley v. Hamilton Health<br />
Sciences – 2010)<br />
The essence of accommodating people with disabilities is individualization. As a result of the<br />
three-step test proposed by the Supreme Court of Canada and re-affirmed by the BC Court of<br />
Appeal in Entrop, each person with a disability must be considered, assessed and accommodated<br />
individually. (Policy and guidelines on disability and the duty to accommodate BC Human<br />
Rights Commission -2009)<br />
<strong>DRAFT</strong><br />
The duty to accommodate on return to work is dynamic and the dual process outlined in previous<br />
research must be repeated as the workers disability changes and as the ability of the workplace<br />
to accommodate changes. These changes can be a deterioration or improvement of the condition<br />
and a change for the better or worse in the ability to accommodate. Changes in the ability may<br />
include new assistive devices or technology that now allow for an accommodation to occur<br />
(Cassidy v. Emergency Health and Services commission – BCHRT 2009)<br />
50<br />
Situational Assessment<br />
District of Kitimat
9. Compliance with Human Rights<br />
The return-to-work program must be designed to default to the highest legislative obligation<br />
which is Human Rights. A thorough joint investigation of any and all reasonable accommodations<br />
up to the point of undue hardship ensures the program will meet human rights obligations of the<br />
workplace parties. The program must also guarantee a process that is timely and treats the worker<br />
seeking accommodation with respect throughout the process.<br />
District of Kitimat Situational Assessment Findings:<br />
Optimal Score: 2536<br />
District of Kitimat Score: 638<br />
25% of Optimal Score Achieved<br />
Chart 45<br />
<strong>DRAFT</strong><br />
Situational assessment<br />
District of Kitimat<br />
51
1) Almost three quarters of the respondents agree that the RTW program is compliant with<br />
human rights.<br />
Chart 46<br />
2) Over 50% of respondents do not know how the RTW program is applied to different groups.<br />
Chart 47<br />
<strong>DRAFT</strong><br />
52<br />
Situational Assessment<br />
District of Kitimat
Summary<br />
The workplace parties believe that the RTW Program is compliant with Human Rights legislation<br />
although they are not aware of specific aspects of the program such as its application with respect<br />
to all employees.<br />
Recommendations:<br />
1. Educate the workforce on specific human rights responsibilities for the different groups.<br />
2. Jointly review RTW program to ensure all aspects meet human rights legislative requirements.<br />
<strong>DRAFT</strong><br />
Situational assessment<br />
District of Kitimat<br />
53
Figure 12<br />
Mobilization of RTW Leadership<br />
Attribute #10 - Key Research:<br />
Supervisors can play an important role in the RTW process. They were identified as important to the<br />
success of RTW due to their proximity to the worker, their ability to manage the immediate RTW<br />
work environment and their organizational position which provides a link between the worker and<br />
senior workplace decision-makers. These findings are reinforced by moderate evidence from the<br />
quantitative literature that educating supervisors and managers leads to reductions in work disability<br />
duration. (Workplace-based Return-to-Work Interventions: A Systematic Review of the Quantitative<br />
and Qualitative Literature – Institute for Work and Health - 2004)<br />
Most of the supervisors interviewed were very open to finding ways to facilitate the return to work of<br />
these workers but felt that the interventions used should take both their perspective and the constraints<br />
they face in the workplace into account. (Lemieux, Durand & Hong – 2011)<br />
Efforts need to be placed on building the competence of professionals in the system who provide<br />
services for injured workers. The empowerment of important stakeholders in the workers’ insurance<br />
and compensation system and their inclusion in the planning of service delivery are crucial for<br />
developing a sustainable and effective system for China. (Tang et al – 2011)<br />
We propose that a ‘consensus’ paradigm informs RTW policy and procedures and involves assumptions<br />
about benign, harmonious social relations and communication processes among RTW parties. This<br />
approach cannot easily accommodate problems related to power inequalities and social conflict that<br />
we found in situations of workers with problematic and longterm claims. In identifying the potentially<br />
damaging role of system processes in RTW problems, we draw attention to issues of procedural<br />
fairness and competing stakeholder goals. We propose that new solutions to RTW problems might<br />
emerge from a critical lens on social relations that recognizes and plans for differences in resources<br />
and interests among RTW systems and players. (MacEachen et al – 2010)<br />
<strong>DRAFT</strong><br />
54<br />
Situational Assessment<br />
District of Kitimat
10. Mobilization of the RTW Leadership<br />
RTW leadership must include front-line supervisors, health and safety representatives and other<br />
workplace parties. Adequate training must be provided that encourages active participation in the<br />
development and monitoring of RTW plans.<br />
District of Kitimat Situational Assessment Findings:<br />
Optimal Score: 712<br />
District of Kitimat Score: -82<br />
-12% of Optimal Score Achieved<br />
Chart 48<br />
<strong>DRAFT</strong><br />
Situational assessment<br />
District of Kitimat<br />
55
1) It would be expected that the employees would not know whether or not the Leadership<br />
group had received adequate training, however only 29% of the respondents think that<br />
training has been adequate. There was disagreement with this statement within the<br />
Leadership group.<br />
Chart 49<br />
2) 78% of respondents indicated that not all employees get training on RTW. This<br />
disagreement with the statement was seen in all categories and can be seen in Chart 51.<br />
Chart 50<br />
<strong>DRAFT</strong><br />
56<br />
Situational Assessment<br />
District of Kitimat
3) 78% of the respondents feel that employees do not get training in the RTW Program. This<br />
disagreement with the statement was across the board in all categories.<br />
Chart 51<br />
Summary<br />
There is opportunity for improvement in this category. It appears that leadership, as well as most of<br />
the other categories, feel that more training is required in evidence-based leading RTW practices.<br />
Recommendations:<br />
1. Provide joint training for all workplace parties on evidence-based leading RTW practices.<br />
<strong>DRAFT</strong><br />
2. Ensure all parties are aware of the practices used at District of Kitimat with respect to RTW.<br />
Situational assessment<br />
District of Kitimat<br />
57
Figure 13<br />
Internal Dispute Resolution Mechanism<br />
Attribute #11 - Key Research:<br />
A workplace may appear to have comprehensive return-to-work procedures in place but if the<br />
program operates in an adversarial context, these efforts are unlikely to fulfill their main aim of<br />
getting injured workers back on the job in a safe and timely way. Adversarial circumstances may<br />
include situations in which injured workers are treated with suspicion as to the legitimacy of their<br />
claims or when workers believe that the priority of management is only to maximize profits with<br />
little regard for worker well-being. Studies by the Institute and others examining such issues as the<br />
perceived legitimacy of injuries and workers income security, have found that these factors can lead<br />
to damaged relations in the workplace and/or emotional stress and often have a negative impact on<br />
the workers early return-to-work. (Smith et. al Institute for Work& Health Working Paper #67 –<br />
1998)<br />
Research and best practice suggests that mediation, conducted by an independent third party, may help<br />
resolve claims caused by a breakdown in workplace relationships and assist claimants in returning to<br />
work. (Bingham, 2004; Bingham & Novac, 2001; Brett, Barsness, & Goldberg, 1996)<br />
Due to the subjective and emotional aspects of workplace interpersonal conflict, this review considers,<br />
in a return-to-work context, the relational rather than settlement-based features of mediation models.<br />
(The Impact of Mediation on Workplace Relationship Conflict and Return to Work Outcomes: A<br />
Snapshot Review Institute for Safety, Compensation & Recovery Research – 2012)<br />
Evidence from the research suggests that mediation is potentially a significant new tool for managing<br />
conflict in the workplace. Findings indicate, certainly for disputes centred on relationship issues, that<br />
mediation offers an alternative route to traditional and, arguably, more adversarial options such as<br />
grievance and discipline. Furthermore, there is evidence that, given the right support, mediation can<br />
offer more control of the process and its outcomes to disputants, again in comparison to alternative<br />
routes. (Bennett – 2012)<br />
<strong>DRAFT</strong><br />
Furthermore, professional education and training on improving workplace-based intervention<br />
structures and procedures differs among the deliverers. These issues complicate agreement on<br />
appropriate strategies to address work disability at this health organization, including implementation.<br />
Calls for employer and union representatives to co-operate in an approach to work disability and<br />
interventions at the workplace have an undeniable logic. (Maiwald et al – 2011)<br />
58<br />
Situational Assessment<br />
District of Kitimat
11. Internal Dispute Resolution Mechanism<br />
Every endeavour should be made to resolve any disagreement about the RTW Program internally<br />
through discussion amongst the key parties. These parties may be the RTW co-ordinator, the injured<br />
worker, the supervisor/manager/lead hands, the union, co-workers and the healthcare provider.<br />
The discussion may require informal consultation, involvement of the JHSC, an agreement to<br />
obtain independent medical information, seek out more expert advice on accommodation options<br />
or it may require the creation of a mediation process.<br />
District of Kitimat Situational Assessment Findings:<br />
Optimal Score: 544<br />
District of Kitimat Score: 102<br />
19% of Optimal Score Achieved<br />
Summary:<br />
Chart 52<br />
65 percent of respondents do not know about any dispute resolution process with respect to RTW.<br />
It is encouraging that only 13 percent feel the process is adversarial however, this is higher than<br />
those who feel it is not cooperative.<br />
Recommendation:<br />
<strong>DRAFT</strong><br />
1. Jointly develop an internal dispute resolution mechanism<br />
2. Provide training to the workforce on the internal dispute resolution process.<br />
Situational assessment<br />
District of Kitimat<br />
59
Figure 14<br />
RTW Evaluation<br />
Attribute #12 - Key Research:<br />
Companies need to track, gather and analyze data, especially as it relates to the direct and indirect<br />
costs associated with employee absences. Without creating this primary foundation for the company’s<br />
disability management infrastructure, it is impossible to create the necessary benchmarks to measure<br />
outcomes. (Calkins et al – 2000)<br />
Like most programs, disability management initiatives require ongoing evaluation to ensure that the<br />
program operates effectively and weaknesses in its design or operation are identified and corrected.<br />
It is important, however, that the outcomes of the program are not measured too narrowly. Returning<br />
workers to modified work (or even to their regular job) is only one outcome. Workers may have<br />
recurrent episodes of pain and/or time off work and this is particularly true for those with back injuries<br />
who are more likely to have recurrences than those with other types of injuries. Thus, the injured<br />
worker’s improvement on measures such as pain severity should also be assessed as a component of<br />
the evaluation. (Butler, Johnson & Baldwin – 1995)<br />
The development of mechanisms that monitor the operation and effectiveness of established IN and<br />
RTW policies and procedures with the intention of identifying and addressing any weaknesses that<br />
arise. By implementing the policies and procedures outlined above, James, Cunningham & Dribben<br />
(2006) assert that the needs of injured workers are able to be identified in a timely and collaborative<br />
fashion so that they can be addressed in a co-ordinated and positive way by the employer. (Best<br />
Practice in injury management and return to work – literature review – 2007)<br />
The process evaluation utilizes questionnaires, interviews and municipal data. The effect evaluation<br />
tests whether participants in the intervention have a (i) shorter duration of full-time sickness absence,<br />
(ii) longer time until recurrent long-term sickness absence, (iii) faster full RTW, (iv) more positive<br />
development in health, workability, pain and sleep; it also tests whether the program is (v) costeffective.<br />
The process evaluation investigates: (i) whether the expected target population is reached;<br />
(ii) if the program is implemented as intended; (iii) how the beneficiaries, the RTW teams and the<br />
external stakeholders experience the program; and (iv) whether contextual factors influenced the<br />
implementation. The Danish RTW program is, to date, the largest RTW intervention ever conducted.<br />
The program combines a multidisciplinary, coordinated and tailored approach delivered by specially<br />
trained RTW coordinators and multidisciplinary RTW teams within the municipal sickness benefit<br />
offices. The evaluation of the program is extensive and includes effect, process and economic<br />
evaluations. . (Helverskov et al – 2012)<br />
<strong>DRAFT</strong><br />
60<br />
Situational Assessment<br />
District of Kitimat
12. RTW Program Evaluation<br />
The program must undergo continuous evaluation to ensure that it is administered effectively and<br />
to implement any necessary corrective measures in the design or administration of the program.<br />
The program is not meant to be administered simply as a cost savings measure. The evaluation<br />
must include worker based outcomes.<br />
District of Kitimat Situational Assessment Findings:<br />
Optimal Score: 2100<br />
District of Kitimat Score: 114<br />
5% of Optimal Score Achieved<br />
Chart 53<br />
<strong>DRAFT</strong><br />
Situational assessment<br />
District of Kitimat<br />
61
1) The majority of respondents did not know about program evaluation which would<br />
be reasonable if this process has not been developed. Over half of the respondents<br />
indicated that training is not offered frequently to upgrade skills<br />
Chart 54<br />
2) There is disagreement across the board indicating that training to upgrade skills may be<br />
warranted.<br />
Chart 55<br />
<strong>DRAFT</strong><br />
62<br />
Situational Assessment<br />
District of Kitimat
Summary<br />
With the exception of training being offered to upgrade skills, the most common response and<br />
highest percentage (over 50%) for this set of questions is unknown. Education of the workforce<br />
once the process of evaluating the RTW program is established will lead to valuable feedback<br />
from the workforce when the program is being updated.<br />
Recommendations:<br />
1. Jointly develop a program evaluation tool which includes data on worker-based outcomes as<br />
well as cost savings related details such as length of absences and secondary prevention solutions<br />
that have been implemented for primary prevention.<br />
<strong>DRAFT</strong><br />
Situational assessment<br />
District of Kitimat<br />
63
OVERALL SUMMARY<br />
The situational assessment of the District of Kitimat has shown areas with<br />
opportunities for improvement; however, it also shows good practices that can form<br />
the basis for a strong return-to-work program.<br />
The results indicate that the strongest attribute is first; commitment. Eighty percent<br />
of the respondents indicate that the intent of the return-to-work program is to return<br />
workers to safe, timely, sustainable and therapeutic work. This basis forms a very<br />
good baseline for any changes made to improve the RTW process.<br />
Along with Attribute 1, Attribute 2 scored well. Having a process for injury reporting<br />
that is known and understood by employees will assist the organization in preparing<br />
for RTW. A formal and consistent injury reporting mechanism instills confidence in<br />
workers that reporting injuries, hazards and potential risks/hazards is encouraged.<br />
Again, this forms a good baseline for any changes made to improve the RTW process.<br />
Attribute 10 - Mobilization of RTW Leadership had the highest opportunity for<br />
improvement. The main cause for the low score on this attribute was a perception of<br />
lack of education of the workforce. By addressing this concern, RTW leadership will<br />
be able to continue their work which, for the most part, follows the best practices.<br />
Changes that are made to RTW practices must be communicated to the workforce as<br />
well as the leadership so that everyone has an understanding of the leading practices<br />
used at District of Kitimatfor RTW.<br />
Attribute 12 - Program Evaluation, and Attribute 4 - co-operative RTW responsibility<br />
should improve with education of the workforce on the leading practices of RTW.<br />
With respect to Program Evaluation, all parties, once they are aware of the need<br />
to evaluate and have training will provide valuable input into the Program. For<br />
Attribute 4, the results are low due to larger numbers of “unknown” responses rather<br />
than disagreement with the statements. Education should improve this attribute as<br />
well.<br />
<strong>DRAFT</strong><br />
To build on the good practices already in place and take advantage of the opportunities<br />
for improvement, the following overall recommendations should not only enable<br />
District of Kitimat to provide RTW for workers with disabilities that is safe, timely,<br />
sustainable and therapeutic but also see improvements in objective indicators such<br />
as reduced insurance (compensable and non-compensable) costs.<br />
64<br />
Situational Assessment<br />
District of Kitimat
VALIDATION OF GOOD PRACTICES<br />
1. The organization has a RTW policy.<br />
2. The organization has a formal RTW Program (specific comments follow).<br />
3. Occupational and non-occupational disability/accommodation treated the same.<br />
4. Full-time, part-time or casual workers are all treated the same in the RTW process.<br />
5. The RTW program promotes access to health care.<br />
6. The organization assumes the responsibility of costs associated with getting<br />
necessary information to facilitate RTW.<br />
7. New hires receive appropriate information regarding the RTW process through<br />
new employee orientation.<br />
8. The organization utilizes the services of external experts where required.<br />
9. The organization performs an annual review of the RTW program.<br />
<strong>DRAFT</strong><br />
Situational assessment<br />
District of Kitimat<br />
65
OVERALL RECOMMENDATIONS<br />
1. Educate workplace senior leadership, both management, non-union and union in regards to<br />
statutory requirements of accommodation practices and benefits of a good RTW program.<br />
2. District of Kitimat review and edit RTW Policy and Program, as necessary to ensure leading<br />
practices and disability prevention principles are followed. Within this Program should<br />
be a provision for communications packages for workers with disabilities and healthcare<br />
providers outlining the procedures to follow and the guiding principles of the RTW Program.<br />
An internal dispute resolution mechanism and a program evaluation should also be built<br />
into the program.<br />
3. District of Kitimat should educate the workforce on Human Rights and the revised RTW<br />
Policy and Program with additional education for Leadership, union representatives and<br />
Joint Health and Safety committee members on their obligations and responsibilities. This<br />
would include employee responsibilities under the law regarding non occupational disability.<br />
The training would explain the inappropriate use of sick time and the consequences.<br />
Resources:<br />
Examples of RTW Policies that reflect disability prevention practices are available for reference,<br />
however, the content of each Policy needs to be cooperatively determined by the workplace<br />
parties so that it best reflects their workplace.<br />
Examples of RTW Programs that reflect disability prevention practices are available for<br />
reference, however, the content of each Policy needs to be cooperatively determined by the<br />
workplace parties so that it best reflects their workplace.<br />
Many training programs are available on disability prevention, Accommodation Law,<br />
Elimination of Attitudinal Barriers and Return to Work.<br />
<strong>DRAFT</strong><br />
66<br />
Situational Assessment<br />
District of Kitimat
<strong>DRAFT</strong><br />
Situational assessment<br />
District of Kitimat<br />
67