Workers' compensation and safety regime puts obligations on employers for compliance
Employers do what they can to keep employees safe. Despite best efforts, many jobs still have inherent risks during daily operations. A chef needs to boil water for a dish; a construction worker needs to operate a forklift. Without proper measures in place, tasks like these can result in severe injuries or even deaths in the workplace. That’s where the workers’ compensation and safety authority in each Canadian jurisdiction comes into play – in Ontario, that’s the Workplace Safety and Insurance Board (WSIB).
The WSIB manages Ontario’s occupational health and safety program, which helps train workers on safety and provides coverage and benefits to those harmed at work.
On the employer side, it’s critical to understand WSIB obligations to protect employees and prevent legal and financial repercussions. Here’s how to stay above board and common misconceptions to look out for.
The WSIB administers the Workplace Safety and Insurance Act, which streamlines returning to work and provides compensation to employees who suffer from various incidents due to workplace conditions.
The type of compensation the WSIB provides includes:
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Covering healthcare expenses
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Lost wages from workplace injury or illness
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Return to work, labour re-entry and medical rehabilitation services
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Permanent disability pensions
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Death benefits to surviving dependents.
Employers must register an employee for WSIB within 10 days from when the employee is hired for these benefits to be applicable. Moreover, for particular businesses, it's mandatory to register for it due to the particular dangers of specific fields:
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Manufacturers
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Construction
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Sales
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Shipping and transportation (trucking)
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Restaurants
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If a homeowner hires a domestic employee who works over 24 hours weekly (gardener, babysitter, private chef).
Conversely, certain businesses don’t need to register for WSIB, which include but are not limited to:
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Banks
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Insurance companies
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Photography businesses
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Funeral establishments
If a company in a mandatory industry, as noted by WSIB, such as construction, does not register, the business itself would incur several consequences, which include penalties, fines, and investigations.
Key employer health and safety obligations
The primary responsibilities employers need to fulfill under the act to ensure employee safety and maintain a proper working environment are as follows:
Registration and premium payments
Registering for WSIB benefits is done through the online portal; a business must compile various company details, along with the business name and address, including:
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CRA number
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Description of your business and the products or services provided
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Contact information for whoever is in charge of payroll
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If applicable, the account number for a previously registered WSIB account.
Premiums only cover the employees; however, employers can apply for coverage if they’ve already registered.
To calculate the premium amount, multiply the gross insurance earnings based on your business type (based on industry risk), then divide that by 100 to get the total. It’s important to note that the late registration deadline for premiums counts as non-compliance and is subject to late penalties.
Workplace safety and accident reporting
If an employee is injured and needs medical treatment, the workplace must take them to a hospital or cover transportation costs. Employers then need to report the injury or illness using WSIB Form 7 within three days of:
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When the employer learns about the injury or disease
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The employee cannot come into work.
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Or if they earn below regular pay
A copy of the report must be given to the employee, who must fill out WSIB Form 6 (Worker’s Report of Injury or Disease), within six months of the injury or diagnosis.
If the injury isn’t severe enough for medical attention, the employer isn’t required to report it. However, they must investigate the incident and keep an accurate record of what happened and the measures taken to mitigate the risk.
If employers are unsure whether an injury or illness was caused in the workplace, reporting it to the WSIB is still ideal, and they will decide. Not reporting, delaying, withholding details for a report, sharing false information or having an employee withdraw their WSIB claim is illegal and could result in penalties or prosecution.
Return-to-work programs
If an injured employee does not need treatment but requires modified work (any alteration during work while the employee recovers from an injury or illness with regular pay), the employer must report to the WSIB if the employee is on the eighth day of modified work.
Planning for employees to return to work involves a meeting between the employee and employer to discuss any accommodations required, such as modified work or a re-training program to help redevelop skills if there is a significant time away from work.
Record-keeping and compliance
It’s essential to keep a record of all forms filled out and shared with the employee, and keep deadlines in mind to comply with WSIB regulations. Any employee who requires changes to their services or benefits needs to report those changes (whether employment has ended or the employee is receiving benefits elsewhere) within 10 calendar days.
Common WSIB misconceptions and staying compliant
Thinking that only high-risk industries require coverage: Even though not all industries make it mandatory, optional coverage can significantly help in the rare instance an employee is injured at work.
Delaying reports, withholding information, or providing false information: Any of these can result in legal troubles and significant fines, leading to reputational damage and financial losses.
Regular workplace safety training is essential for employees to know proper procedures to keep themselves and others safe. This training also should cover what to do in the event of an accident or injury. Employers must outline procedures for reporting and deadlines, along with employee rights. Bringing in a WSIB specialist can help accomplish this.
Key factors every employer should keep in mind to maintain compliance include:
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Administering first aid for non-serious injuries
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Correctly reporting incidents
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Knowing the correct forms to fill out and their deadlines
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Learning which forms employees must fill out and their deadlines
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Organizing all reports and records of injuries, dates, and measures put in place to prevent future injuries or illnesses.
Understanding and fulfilling WSIB obligations is crucial for employers to protect workers, avoid penalties, and maintain compliance. Staying informed ensures a safer workplace and reduces legal risks. Employers can uphold their responsibilities by prioritizing safety, keeping accurate records, and addressing misconceptions. Compliance isn’t just a legal requirement, it’s a commitment to employee well-being and business integrity.
Frank Van Dyke is a lawyer and owner at Frank Van Dyke Law Office – with offices in Kingston, Ont., Belleville, Ont., and Ottawa – focusing on disability claims, workers’ compensation, accidence claims, insurance, and human rights.
