Ontario's WSIB says OFL report inaccurate

All the alleged rebates were cancelled under the Fatal Claims Adjustment Policy: WSIB

The Workplace Safety and Insurance Board (WSIB) has issued a statement saying a recent glaring report by the Ontario Federation of Labour (OFL) is inaccurate.

The report claimed unsafe companies that had been convicted of offences under the Occupational Health and Safety Act (OHSA) received millions in rebates from the agency.

"The report and its conclusions are incorrect as the researchers failed to validate the information with the WSIB, and have inaccurately stated that numerous rebates were paid to employers when in fact, they were not," said WSIB.

The OFL report profiles seven examples of fatalities in the workplace. In each of these examples, charges were laid under the OHSA, resulting in convictions of and fines to the employers. However, in four of these examples, the report inaccurately states that rebates ranging from $675,000 to $2.7 million were paid to these employers. In fact, all four of these rebates were cancelled under the WSIB’s Fatal Claims Adjustment Policy, and were never paid out, said WSIB.

In two remaining examples, the report appears to have misidentified the appropriate employer in each case. In these two cases, no rebates were paid to the correct employer. In the final example, the employer was not eligible for a rebate in the year the fatality occurred, according to WSIB.

In fact, in addition to the $1.1 billion in employer premium surcharges collected since 2009, the WSIB has applied the Fatal Claims Adjustment Policy in numerous cases, resulting in the cancellation of $10.9 million in premium rebates since 2009, with a further $4 million in rebates still pending review under this policy.

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