On September 1, 2008, Ontario Regulation 35/08 to the Workplace Safety and Insurance Act came into force (the “Regulation”). The Regulation institutes a number of changes regarding construction industry employers’ re-employment obligations towards injured workers and provides return-to-work cooperation rules that did not previously exist. In addition, new Workplace Safety and Insurance Board policies (“WSIB Policies”) have been created to support the re-employment provisions of the Regulation.
Amongst other things, the new Regulation and WSIB Policies require that a construction industry employer re-employ a worker who has been unable to work due to a work-related injury in the first job that becomes available that is within the worker’s medical restrictions. The work offered may be work that becomes available outside the worker’s trade, at a comparable job site, or in a non-construction position.
For more information on the Regulation and the related WSIB Policies, please visit the links, below:
Workplace Safety and Insurance Board