1. Allow time for routines to settle in

September can be a time where employees are trying to establish a routine that works best for them. Between adjusting to increased traffic and travel times, dropping kids off at school, picking them up from school, or even overcoming the “summer mentality” that can often reside in workplaces, employees may need some time to adjust to new schedules.  

This does not mean that you have to offer flex-time or be completely accommodating to random hours of work, however, it’s a suggestion that a small grace-period could be beneficial in alleviating some of the stress your employees have while adjusting to new September routines.

2. Offer flexibility where you can for your employees

This is not to suggest that employees should be able to disregard company policies and rules without consequences– but it does mean that there should be an understanding for employees who have unexpected situations arise. For employees that have children unexpected illness, situations at school, or weather conditions can happen that make it difficult for them to arrive on time, or to stay for their required hours.

To help make situations like this go smoothly, it’s beneficial to create a policy and communicate a plan so that employees know what to do and what is expected of them in these circumstances. It is important to be understanding of these situations, but also fair and consistent in how you, as an employer, approach addressing them when the time comes. This is why a fairly implemented policy ensures that all employees are treated equally, ultimately reducing the potential for conflict in the workplace.

3. Communicate company goals and directions to employees

In midst of the busyness of this season it can be easy for employees to lose sight of where the company is going and how they can contribute to achieving company-wide goals. It is a good idea to communicate and remind employees of what is currently happening in the company and what the next weeks and months look like. This helps keep employees focused on the bigger picture when it’s easy to get lost in the day-to-day tasks.
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Employees will likely appreciate the information as it is a valuable reminder for them of what they can/should be doing, and it will also provide them with purpose and direction as they continue in their jobs.

4. Less stress, more encouragement

Work can become a place where employees feel more stressed, even if the stressors aren’t coming from the workplace. External factors such as health, family, relationships, and finances can contribute to how an employee performs their job. Although this can be present at any time of the year, the back-to-school season may amplify how overwhelmed a worker feels.

This is an opportunity for employers to show workers encouragement and to recognize signs of stress, anxiety, fatigue, and other mental health conditions that employees could be suffering from. A supportive workplace is key to helping maintain the wellness of its workers, and managers/supervisors can directly impact this through the way they show empathy and concern for those around them.

5. It's all about communication

The most important thing that needs to be present in order for the previous four tips to be effective is open communication. If your employees don’t feel comfortable voicing concerns, difficulties, or challenges they face with work-life balance to you, then issues will only worsen. You can encourage an atmosphere of honesty and openness by first setting the standard through initial interactions with employees, but also by taking the initiative to ask about how your employees are doing.

Employees often follow the lead set by their managers and supervisors, so make sure you are communicating your interest and concern for their well-being. This will help them feel comfortable in sharing necessary information with you that may explain a change in their work performance.

Conclusion

Ultimately, it’s important to be mindful of how this time of year might impact your employees. Fostering and encouraging an atmosphere of open communication and flexibility will help make the workplace increasingly effective during back-to-school.

If you need any help or having any questions with policy writing, a difficult employee situation, or how to create a culture of open communication, you can contact Anna Aceto-Guerin at anna@clearpathemployer.com, obligation-free!

Happy back-to-school! 

We recently published Part One of this series which discussed the ESA proposals that relate to employee pay and other changes to business costs. This post will cover the rest of the ESA proposals that do not relate to pay, as well as the proposals to the LRA.

The following is a highlight of the changes being proposed – please note that only the main points have been mentioned – for more details on this legislation click here.  

Employment Standards Act (ESA) Proposals

Assignment Termination

• At least one week’s notice given to an assignment employee when an assignment schedule to last longer than three months will end early

Date implemented if passed: January 1, 2018

Scheduling

• Employees can request schedule/location changes after being employed for three months, without fear of reprisal
• Employees can refuse to accept shifts without repercussion if the employer asks them with less than four days’ notice
• If an employee is “on-call” and not called in to work, they must be paid three hours at their regular rate of pay – required for each 24 hour period that they’re on call

Date implemented if passed: January 1, 2019

Employee Misclassification

• Employers are prohibited from misclassifying employees as “independent contractors”
• Various penalties would be introduced for employers who do not follow this

Date implemented if passed: Would come into force on Royal Assent

Leave for Death of a Child and for Crime-Related Disappearance

• Creation of a new leave for child death or disappearance for up to 104 weeks

Date implemented if passed: January 1, 2018

Family Medical Leave

• Increase Family Medical Leave from up to 8 weeks in a 26-week period to up to 27 weeks in a 52-week period

Date implemented if passed: January 1, 2018

Physician Notes for Absences

• Employers prohibited from requesting a sick note from an employee who is taking PEL

Date implemented if passed: January 1, 2018

Employee Contact

• Employees no longer have to contact their employer before filing a claim under the Employment Standards Act (ESA)

Date implemented if passed: January 1, 2018

Penalties for Non-Compliance of the ESA

• Increased flexibility around the penalties that Employment Standards Officers can give out to employers who are not in compliance with the ESA
• Cost of penalties increasing
• The Director of Employment Standards would be allowed to publish (including online) the names of individuals who have received a penalty, along with the coinciding information

Date implemented if passed: January 1, 2018

Labour Relations Act (LRA) Proposals
These amendments address the following topics:

• Union certification
• Successor rights
• Structure of bargaining units
• Return-to-Work rights and procedures
• Just cause protection, and
• Fines

If passed, this legislation would be in effect six months after the Act comes into force.

For the specific LRA proposals, as well as the additional ESA details, click here.

We will be following updates on this legislation as they become available and will do our best to relay that information in a way that is helpful to you as an employer.

Clear Path is also planning a training session/PowerPoint outlining key changes for employers and best practices for adjusting business activities accordingly. We’d love to hear what you want to know and how we can best serve you in this way. Please leave your suggestions in the comments sections, tweet us @Clear_Path, or email info@clearpathemployer.com.

Additional Information:
MPP’s recently finished a two-week consultation process where the Standing Committee on Finance and Economic Affairs heard from residents and business owners in 10 communities. Items that were brought up during some of the public hearings can be found on the Ontario Legislative Assembly website. 

Sources:
https://news.ontario.ca/mol/en/2017/07/ontario-creating-fair-workplaces-and-better-jobs.html
https://news.ontario.ca/mol/en/2017/05/proposed-changes-to-ontarios-employment-and-labour-laws.html

The Government of Ontario’s new legislation, the Fair Workplaces and Better Jobs Act, has many employers questioning what they have to do to prepare for the changes. A mere example of how huge this change is can be seen by Loblaws recent announcement that the wage hikes will increase their labour expenses by about $190 million next year (source).

In order to help employers grasp these proposals, we have broken down the changes into two condensed and simplified blog posts. This post will focus strictly on proposals that pertain to changes in pay and direct costs to employers. Part two will address proposals that relate to aspects of employment outside of pay.

The following is a highlight of the changes being proposed – please note that only the main points have been mentioned and that some further details have been left out. To read more detailed information, visit the links provided at the end of the post.

Equal Pay for Casual, Part-Time, Temporary & Seasonal Employees

• Non full-time employees are paid equally to full-time employees when working for the same employer and completing the same job
• Employees can request a wage review and the employer has to either adjust pay or provide a written explanation
• Employees are protected against repercussions for asking about their wage or asking another employee about their wage
• This is also applicable to Temporary Help Agency employees

Exceptions to this amendment include wage differences based on:

• Seniority  and merit systems
• Systems that determine pay by quantity or quality of production
• Other factors (sex and employment status do not qualify as exceptions)

Date implemented if passed: April 1, 2018

Overtime Pay

• Employees with more than one position and who work overtime must be paid at the rate for the position they are working during overtime

Date implemented if passed: January 1, 2018

Paid Vacation

• Employees are entitled to three weeks of paid vacation after five years of service with the same employer

Date implemented if passed: January 1, 2018

Public Holiday Pay

• Simplified formula for calculating public holiday pay so that employees are entitled to their average daily wage

Date implemented if passed: January 1, 2018

Paid Emergency Leave (PEL)

• The current threshold of workplaces with 50 or more employees having to provide PEL would be eliminated
• All employees would be entitled to 10 PEL days per year, two of which paid

Date implemented if passed: January 1, 2018

Paying Employees

• Create the authority to prescribe additional methods of payment
• An Employment Standards Officer can also order money to be paid directly to an employee when they are owed money by an employer or Temporary Help Agency

Date implemented if passed: January 1, 2018

Interest on Unpaid Wages

• Employment Standards Officers can include interest on employees’ unpaid wages and on fees that have been unlawfully charged to them

Dates implemented if passed: January 1, 2018

For the specific LRA proposals, as well as the additional ESA details, click here.

Stay tuned for Part Two which will discuss ESA proposals not pertaining to pay, and all of the LRA proposals.
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We will be following updates on this legislation as they become available and will do our best to relay that information in a way that is helpful to you as an employer.

Clear Path is also planning a training session/PowerPoint outlining key changes for employers and best practices for adjusting business activities accordingly. We’d love to hear what information you want to know and how we can best serve you in this way. Please leave your suggestions in the comments sections, tweet us @Clear_Path, or email info@clearpathemployer.com. 

Additional Information:
MPP’s recently finished a two-week consultation process where the Standing Committee on Finance and Economic Affairs heard from residents and business owners in 10 communities. Items that were brought up during some of the public hearings can be found on the Ontario Legislative Assembly website. 

Sources:
https://news.ontario.ca/mol/en/2017/07/ontario-creating-fair-workplaces-and-better-jobs.html
https://news.ontario.ca/mol/en/2017/05/proposed-changes-to-ontarios-employment-and-labour-laws.html

​The WSIB recently released their By the Numbers: 2016 Statistical Report. Further to WSIB-specific statistics like how many RTW visits were made last year, this report also contains broader information that provides insight into the general health and safety being achieved within Ontario workplaces.  New to the resource is the ability to run your own reports using their Report builder app and a few other helpful changes. 

User-Friendly Changes  

The WSIB made a few changes to By the Numbers this year in order to make it increasingly user-friendly. The website was redeveloped so that users can now interact with the charts and graphs, making it easier to understand the data being shown. Reports and specific information can now be downloaded in a variety of formats, ultimately making the site more accessible. They also added new focus chapters that profile both Schedule 1 and Schedule 2 employers, helping to categorize and explain the statistics in a clearer and more definitive manner.
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Perhaps the most useful tool on the site is the Report Builder. This allows visitors to select the specific data they’d like to see and the site automatically creates a custom report accordingly. Changes made to the Report Builder include the added ability to recall data that’s specific to a rate group classification, along with fatality data which is now an additional option for viewing. 

Using the Data

The overall intention of the WSIB in providing this information and updating its functions is to give employers and workers a resource that will help them identify how they can make their workplaces safer and healthier.
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This resource is a great way to benchmark how your company is performing in comparison with the provincial numbers, and finding out specific information that can help you identify risks associated with your industry and plan for how to mitigate them before they become an issue (or larger one) for your business.

It’s also helpful in spotting both provincial and WSIB trends that may impact how you approach claims management, as well as what steps you’ll take in the future to further improve your position within the system. Ultimately, By the Numbers is a resource that employers and workers should look at to stay updated with the WSIB and claims management in Ontario. 

Conclusion
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If you have any questions about the WSIB, health and safety, or other HR topics, we would be happy to help you. You can contact Anna Aceto-Guerin at anna@clearpathemployer.com or by phone at 519-624-0800. 

You can view the WSIB By the Numbers report here: http://www.wsibstatistics.ca/

Image Sources
WSIB By the Numbers Webpage -  ​http://www.wsibstatistics.ca/

Have you noticed any changes at the WSIB lately? At Clear Path, it has become evident that the WSIB is working hard to move away from a bureaucratic agency toward an increasingly personalized and accessible organization. Initiatives like the WSIB’s Small Business Health and Safety Leadership Awards, as well as a personal blog by CEO, Tom Teahen, both indicate its efforts to connect on a more meaningful level with employers and employees.

Rather than focusing on claims management, it’s also actively addressing topics like safety and prevention, which typically fall under the responsibility of the Ministry of Labour. By simply visiting the WSIB website, you’ll find articles on workplace violence prevention and how to avoid occupational diseases.

The WSIB also appears to be dipping its feet in innovation initiatives in order to lead the industry with new advancements. Coming from an agency that refused to allow emails to the outside world until just recently, this is an amazing turn around.

Health and Safety Index

Along this theme, the WSIB recently introduced a Health and Safety Index that will come out in the summer of 2018. The index is planned to be published annually and measures the overall health and safety of Ontario’s workplaces.

The index will use five categories of data to determine the final measure, which includes: prevention, worker empowerment, workplace culture, enforcement, and injuries. It is the first tool in North America that has been put together to communicate this information in an easy-to-understand and measurable way. The intention is that a single measure will allow for a better understanding of how Ontario’s workplaces are performing in health and safety, as well as how they can continuously improve.

In addition, the WSIB is launching a corporate innovation lab at the Communitech Hub in Kitchener. This will involve a team of developers working to create practical solutions that will help improve workplace health and safety.

Evidently, the WSIB is moving in the direction of innovation, perhaps redefining the relationship that insurance boards have with those in the workforce. With an obvious effort to provide additional resources to employers and their workers, it is commendable that the WSIB is growing it’s initiatives to achieve this.

If you have any questions about the WSIB or comments about these new projects, we’d love to hear from you! You can tweet us @Clear_Path, or contact Anna Aceto-Guerin at Clear Path directly.  Thanks for reading! 

From the impending celebrations at our Nation’s Capital to local celebrations including waving our flag proudly from our homes – Canada’s birthday is the biggest celebration this country has seen in well…150 years.

As the climax of Canada 150 celebrations is fast-approaching, it’s a fantastic opportunity to reflect on how employers manage celebrations in the workplace.

Here are five lessons employer’s can learn from Canada’s Confederation birthday:

1. Events are an effective way to build workplace culture and credibility

If our attendance at Stanley Cup playoff games or the Olympics when a Canadian is in the running is any indication of our devotion to Canada, it’s probably safe to say that we live in an extremely patriotic country. Canada’s reputation lends itself to celebrating 150 years of Confederation in true red, white, maple leaf fashion. Typically seen as a friendly and happy country, it would be weird if we didn’t celebrate this occasion.

Public declarations and celebrations of milestones are opportunities for employers to recognize events in a way that builds their company culture and consequently, their credibility. It’s a lot easier to justify your company’s core values when you have acted on them in a public way. Just as Canada 150 depicts values that we cherish, workplace celebrations should do the same. 

​3. It’s possible to make long distance work 

Maybe you’re a consulting firm like us and have employees working from various locations, or maybe you’re a large company with offices and employees scattered across the country or continent. Either way, the long-distance ties don’t have to kibosh the celebratory plans. Canada 150 is a huge milestone equalling a huge initiative. There’s no way that every Canadian could gather in the same physical space to participate in the same event. As a result, we are seeing many small and some larger celebrations happening from coast to coast which give everyone the chance to join in on the fun.

If having all of your employees together in one place to celebrate a victory or accomplishment is just not possible, that’s ok. The important thing is to communicate the occasion to all employees and to make sure that everyone is given the same opportunity to celebrate in similar ways.

An effective way to involve employees who are in various locations is by providing them with an opportunity to participate on social media or within a company contest. Using hashtags, sharing pictures, and promoting specific content is a great way to make it easy for employees to participate in a celebration despite where they might be in the world. Creating these opportunities can ensure that whether your employees are in Sweden, Saskatoon, or scattered throughout the same city, they can all be celebrating.

4. Use events as an opportunity for learning 

Canada 150 has created a platform for respectful and thoughtful dialogue on Canada’s history, including both positive and negative parts of our past. In spite of some conflict, this initiative has provided the opportunity to have these discussions more openly as they relate to an event and occasion.

Maybe your workplace celebration is a good opportunity to talk about where the company started, where it’s moving, and how employees can get on board with plans for the future. Take the opportunity to share meaningful information with employees if and when it is appropriate to the event. Pairing celebrations with applicable content is a great way to engage employees with information that otherwise might not be as exciting for them.

Employers can also focus on creating opportunities through events and occasions to learn more about their employees and to encourage an open communication environment. For example, Canada 150 lends itself to allowing employees to share their backgrounds, where they came from, and any interesting stories that may surround their family history. Doing this can increase employee engagement, making them feel heard and valued, and in turn increasing their happiness within the workplace. Happy employees equals happy clients/customers - an all-around win!

​5. Remember the bigger picture 

Although an event is typically a time to have fun, socialize, and take a break from regular routine, it can also invite the potential for disagreements. Remembering the bigger picture can help you to remind people of the cause for celebration in order to guide them back to the root of the event.

HR managers can set the tone of celebrations by acknowledging potential areas of conflict before they actually happen. Communicating to employees that everyone has different opinions that are all welcome, but that they need to be shared in a mature and respectful way, is a great approach that ensures employees have the right mindset going into a celebration. With regards to Canada 150, remind workers that it’s not about division, it’s about celebrating where we all came from!

Canada 150 has not been without conflict – whether it’s neglecting to acknowledge darker parts of our history or questioning how much the government spent on the initiatives. However, focusing on Canada’s accomplishments and contributions is a great way to remember the reason why we are celebrating. On this Canada Day, let’s remember to be thankful for the beautiful country we live in and the freedom we live with each day.

The WSIB recently introduced a Work-Related Chronic Mental Stress Policy to support Bill 127 which the Ontario government passed on May 17, 2017. With 39% of Ontario workers indicating that they would not tell their managers if they had a mental health problem (Source: CAMH), this policy is a positive step towards ending the stigma surrounding mental health diagnoses, particularly in the workplace.

About Bill 127

Also referred to as the Stronger, Healthier Ontario Act, “Bill 127 includes amendments to the Workplace Safety and Insurance Act…to allow entitlement to chronic mental stress for workplace injuries that occur on or after January 1, 2018”. The amendment was a result of the Ontario Workplace Safety and Insurance Appeal Tribunal finding that part of the WSIB’s Operational Policy “violated the equality guarantee in section 15 of the Canadian Charter of Rights and Freedoms and were unconstitutional”.
Source: Hicks Morley

WSIB’s Policy

The drafted policy would provide entitlement for traumatic mental stress (ex. someone witnessing a horrific workplace accident), and chronic mental stress (ex. someone being bullied by co-workers). Stress caused by changes to the worker’s employment (ex. change in job duties) would not be covered under the new policy.

According to the WSIB, “work-related chronic mental stress is caused by a substantial work-related stressor or series of stressors”. When evaluating the seriousness of a stressor, its intensity and duration are often examined. Situations such as harassment and bullying in the workplace are definitely seen as stressors that would contribute to chronic mental stress.
In order for a traumatic mental stress or chronic mental stress claim to be ruled on, there has to be a diagnosis in accordance with the Diagnostic and Statistical Manual of Mental Disorders (DSM). Examples may include:

• Acute stress disorder
• Posttraumatic stress disorder
• Adjustment disorder, or   
• An anxiety or depressive disorder

The drafted policy states that the claim for adjudication will be accepted if an appropriate health care professional provides the DSM diagnosis. However, a WSIB decision-maker can require an assessment by a psychiatrist or psychologist at a later point to confirm entitlement. 
Source: WSIB Ontario

Your Input and Feedback

The WSIB has an open consultation on the policy until July 7, 2017. If you’d like to provide your feedback on the proposed policy, you can do so by emailing consultation_secretariat@wsib.on.ca.

If you have any questions regarding WSIB claims management, policy development, or other mental health or other workplace issues/topics, our team at Clear Path is happy to provide you with assistance. You can contact Clear Path President, Anna Aceto-Guerin at anna@clearpathemployer.com or by phone at 519-624-0800. 

June 15th is the anniversary of Bill 168, Ontario’s workplace violence and harassment legislation. Introduced seven years ago, Bill 168 places an obligation on employers to take the necessary precautions to protect their employees from workplace violence.

Consequently, part of an employer’s responsibility under the legislation is to perform a risk assessment (at least once per year) to evaluate the risk of violence and harassment in their workplace. Seeing as June 15th is fast approaching, have you had a chance to do your annual assessment?  What is entailed in this kind of assessment?

What a risk assessment involves

According to the legislation, risk assessments for workplace violence and harassment should be conducted at least once per year, but also whenever there is a significant company change (i.e. moving offices, adjusting customer service processes, etc.). An assessment will look at physical hazards, the history of workplace violence or harassment in your company, and research into incidents at similar businesses.

The risk assessment should help your company identify which areas of your processes and procedures need to be modified in order to reduce the risk of violence or harassment from occurring. This can range from changing a procedure for handling money to addressing standards for employees who work alone. The results of this assessment have to be communicated to the H&S Committee and/or employees.

How to get started

Knowing where to begin with your assessment can be overwhelming. With this in mind, Clear Path created a DIY package to assist employers in implementing a thorough and effective workplace violence and harassment program, including a risk assessment tool that you can use year over year. It includes the following resources:

• Workplace Hazards Inspection Form
• Employee Survey Form
• Customizable policy statement and procedure template
• PowerPoint presentation to train employees
• Employee training sign-off template
• Two hours of telephone or email support from a Clear Path consultant

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Clear Path is also able to help employers become compliant with Workplace Violence and Harassment and Sexual Harassment legislation through personalized service and consultation. To learn more, click here.

If you have any other questions, please contact Clear Path President, Anna Aceto-Guerin, at anna@clearpathemployer.com or 519-624-0800.

We wish you success with your assessment, thanks for reading!

Both Alberta and Ontario have recently begun to overhaul their Employment Standards Act (ESA) and Labour Relations Act (LRA). For Ontario, these changes may not be as pressing as they are for Alberta, who hasn’t substantially reviewed or updated their Acts since 1988. Nevertheless, both provinces’ residents seem to have the same issues with the changes – the lack of time to prepare for them.   

The proposals themselves are not bad, but they have the potential to cause negative repercussions if employers don’t have time to adjust to them in an effective and healthy way. In order to better examine the issues at hand, let’s look at some of the proposed changes:

Highlights

Ontario

• Minimum wage is set to increase from $11.40 to $15 by 2019.
• Differences in wages for employees in part-time, casual, temporary, seasonal, and full-time positions will be eliminated.
• Employees with five years’ or more tenure will receive a vacation pay increase to 3 weeks (up 50%).
• Personal emergency leave (PEL) to be available in all workplaces and would not require a doctor’s note.  Currently, personal emergency leave is mandatory only from employers with 50 or more employees, and can be used for illness, injury, or urgent matters, such as the employee's babysitter calling in sick. There would also be an increase in PEL days, with two being paid.
• Family medical leave increase to 27 weeks in a 52 week period. Child bereavement and disappearance leave of 104 weeks would be implemented.
• Unions to gain easier access to employee information. If they can prove 20% support in proposed bargaining unit, it can obtain employee lists and information.
• During the time between certification and a first contract, and the time between a legal strike date and new agreement, employers can’t dismiss employees without just cause.

Source: Gowling WLG

Alberta

• Maternity leave to increase from 15 to 16 weeks and an employee will be entitled to parental leave after 90 days instead of 52 weeks
• Compassionate Care leave to increase from 8 to 27 weeks
• Various job protected leaves will be implemented (ex. Domestic Violence leave, Personal and Family Responsibility leave, etc.)
• Overtime agreements will now bank overtime at 1.5 hours for each overtime hour, instead of banking hours at straight time
• Elimination of a secret ballot within unions
• Employers will now have to prove their innocence if any allegations or complaints regarding unfair labour practices are made

Source: Gowling WLG

What does this mean for employers?

This is the question that many people have been asking. In theory the proposals sound great, but what about small business who may not be able to afford hiring as many employees as they require given the minimum wage increase? And leaves without doctor’s notes are nice… until employers have difficulty tracking employee attendance and have no way of making sure that the employee absence is justified.

When it comes down to it, these kinds of changes are bound to cause some dispute. Generally, employers may just need more time to strategize how they’re going to adjust. Inevitably, systems and procedures in workplaces will have to be changed in order to meet the new legislation.

What employers can do

Unfortunately, there’s no one-size-fits-all approach for employers to follow in preparing for these changes. Depending on your resources in house, employers will have to customize their approach to this change, but there are some general steps to take in starting this process:

1. Do your research and understand the changes
This topic has been covered by a lot of media and is also available on the Government of Ontario website. As an employer, it is a good idea to do your research and really understand what the changes are. Make sure you are reading updated information as there were articles issued before the Government announced the actual revision plans.

2. Review and update your current policies and procedures
The best way to understand what these changes will mean for your company is to review your current processes and identify what areas will or are likely to be affected by the new legislation. This will help you to be organized and aware of the changes you’ll need to make moving forward.

3. Talk to your employees about the changes and how they’ll be implemented
An effective way to ensure that these changes do not negatively affect workplace culture is to communicate with employees about the situation and what your approach will be in making the revisions. Because the media is covering this topic, employees are likely to be receiving a lot of information that can be overwhelming and unclear. Creating an open dialogue with employees and keeping them informed ensures that everyone in the workplace is on the same page.

4. Try to make the transition gradual
It’s hard on everyone, employers and workers, to have drastic change in the workplace overnight. It is best to strategize on how the changes you need to make can be implemented gradually instead of all at once. This makes the entire process less stressful for you and the employees.

Have questions?

At Clear Path, we are happy to help you with policy development and strategies on how to implement these new legislative changes.  Contact Anna Aceto-Guerin, Clear Path’s President for information on how we can assist you in this process. 

This blog is the final chapter of a three-part series which examines the fundamental proposed changes to WSIB’s method of business classification and application of premium rates.  Part one of this series explored how WSIB proposes to re-categorize Ontario businesses into 34 industries, based solely on “business activity”.  Part two dove into how the WSIB planned to maintain a fair premium rating through the implementation of a “Class Level Premium Rate Setting.”

The final question on everyone’s mind is how the new system will affect potential rebate and surcharges.  This blog will outline how the WSIB proposes on rewarding and encouraging employers to improve their health and safety outcomes. 

If I have minimal claims, will I still receive a rebate?

No, but you will also no longer receive a surcharge! Remember in Part Two of this series when we talked about the cabinet making company’s competitor who was recently showcased in the media for a string of serious workplace accidents?  One would expect the company to receive a hefty surcharge from WSIB come September. Not anymore! Under the proposed system, the WSIB is now planning on setting employer centric premium rates that will consider the individual employer’s own claim experience for the upcoming year and will gradually move the employer toward a premium rate that is more reflective of their own claim experience.  Simply put, any increase or decrease in one year’s claim costs will be reflected in the following year’s PREMIUM RATE, as opposed to a rebate or surcharge. 

In Part Two of this series, we briefly touched on how WSIB will calculate this adjustment through risk.  The remainder of this chapter will provide a high-level look at WSIB’s proposed nine-step process calculating Employer Actual Premium Rates.  

Step A: Determining an Employer’s Actuarial Predictability 
In this step, WSIB will determine how much an employer’s premium rate will be affected by their own individual claim experience versus the collective experience of their respective class and will be based primarily on insurable earnings and the number of allowed claims in a given year. For example, employers with high insurable earnings and a high total number of claims will have more consideration placed on their individual experience, as opposed to those with lower insurable earnings and a low number of total claims, whose consideration will be more heavily placed on the collective experience of their class. ​

Step B: Determining an Employer’s Weighted Claims Cost
The WSIB is proposing to review all of the claims costs that occurred over a rolling six year period. This means that for the 2017 premium year, WSIB would use 2010 to 2015 injury years.

Step C: Determining an Employer’s Weighted Insurable Earnings 
The WSIB would then obtain the insurable earnings for the same six year period. ​

​​Step D: Determining an Employer’s Risk Profile
Using steps B and C, the WSIB would then determine an employer’s risk profile using the following formula.





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​Step E: Determining the Class Risk Profile
In order to compare how the employer’s risk profile stands against the class risk profile, the WSIB will need to obtain the total claims costs and insurable earnings within the employer’s class​.

​Step F: Determining an Employer’s Adjusted Risk Profile
The WSIB would then multiply the employer’s Actuarial Predictability Factor (Step A) against their Risk Profile (Step D) in order to obtain an employer’s Adjusted Risk Profile. By using an adjusted Risk Profile, the WSIB is better able to generate a premium rate that is reflective of the employer’s own past experience, while not subjecting them to unpredictable premium rate fluctuations. 
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Step G: Determining an Employer’s Risk Profile Index
The WSIB would then assess the employer’s results against the class risk profile (Step E) to determine how this employer performed versus the average of all the other employers in the same class.​

Step H: Determining an Employer’s Projected Premium Rate 
In order to calculate this, the WSIB will need to determine the employer’s target RISK BAND relative to the Class Target Premium Rate, as well as the collective cost component of the class.  

​What’s a RISK BAND? Under the proposed system, each employer’s premium rate will be adjusted higher or lower than the Class Projected Premium Rate based on the risk that the employer brings to the system.  In short, Risk Bands are hierarchical series of divisions within each class where each division represents a different level of risk where employers will be placed, relative to the risk band corresponding to the Class Projected Premium Rate.  Employer therefore with similar risk profiles would be grouped together and pay a common premium rate.

Step I: Determining an Employer’s Actual Premium Rate
In this step, the WSIB will gradually move an employer toward their Project Premium Rate in a manner that would enable them to better predict their WSIB premiums from one year to the next using a “three risk band limitation movement”.
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A Gradual Approach
This gradual approach to what WSIB considers greater employer accountability will arguably provide an opportunity for employers to take steps to address workplace drivers of their high claims costs. The WSIB is proposing to structure the gradual approach as follows:

• Year One: Awareness – employers will be informed of their position to ensure they understand the extent that their experience is out of the step with their industry, or current premium rate.
• Year Two: WSIB Health & Safety Services Engagement – If the employer does not make improvements or demonstrates worse performance than the previous year, the employer would be offered support from WSIB.
• Year Three: Risk Bank Increases – If the employer continues to not make improvements or demonstrates worse performance, they will begin to see progressive increases in their risk band and premium rates.

 
We want to hear from you! Contact Anna Aceto-Guerin from Clear Path Employer Services with your questions on the Proposed Rate Framework’s Employer Level Premium Rate Adjustments.  Want to learn more about how to get yourself in a prime position on your NEER prior to the implementation of this new system?  Join us for our upcoming NEER workshops to learn more. 

​What do you do when you get your March NEER statement? Throw it in your desk and hope it disappears? Stare at it for hours trying to make sense of what the numbers mean? We know that these statements can appear intimidating at first glance, but understanding them and paying attention to what they mean for your company is important for various reasons.

These are a few things you should know when it comes to your statements: 
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Forecasting your September NEER position

Upon receiving this statement, it is important to know if you currently have any active claims or claims that are receiving Loss of Earnings (LOE) that could negatively impact your September NEER statement. Your claims management process and actions regarding return to work and accommodation will influence whether you are in a rebate or surcharge position.

Current NEER position will impact your place in the new system

There are only two September statements left before the new WSIB system is implemented. The new system will place companies in a new rate group based on their historical experience and claim costs. Consequently, it is important for your company to improve their upcoming NEER results as this will impact the premiums they pay in the new system. To read more about the new WSIB rate framework, click here.  

The WSIB’s eService system  faster and more convenient

The WSIB has an eStatement system that allows you to access your statements and view changes in a faster, more convenient way. Creating an account can save your company weeks of time when it comes to understanding your current NEER position and how to improve it before the September statement. You can sign up for this system on the WSIB website.

Clear Path can help

Clear Path’s approach to claims management is to return injured employees to work with suitable modified duties at full wages as soon as possible. We work to foster an early and safe return to work plan that is accompanied by medical management to ensure that the best and most effective steps are being taken for you and the employee. Clear Path will continuously communicate with your WSIB adjudicator and the employee, alleviating much of the stress that managing these claims can cause.

Clear Path has an upcoming Introduction to NEER Workshop in Cambridge on June 15. Our workshop explains the NEER system in an easy to understand way, and we provide you with useful resources that will help you better manage your claims, ultimately saving your company time and money. To register click here.

We are also happy to offer a complimentary NEER review of your most recent statement. Our consultants will forecast your costs for this year and identify areas of potential savings. To receive this review, you can book here. 

This blog is part two of a three-part series which examines the proposed fundamental changes to WSIB’s method of business classification and application of premium rates.  Part one of this series explored how WSIB proposes to re-categorize Ontario businesses into 34 industries, based solely on “business activity”. 

A major question now that needs answering is whether premiums will change due to this re-categorizing.  This blog will outline how the WSIB plans to maintain fair premium rating through the implementation of a “Class Level Premium Rate Setting”.  Let’s dive in…

Will my Premiums Change?

The answer to this question is… likely.  Here is where things are going to become very different. Under the current system, employers in the same classification and rate groups pay the same premiums, regardless of their own claim experience.  For example, our cabinet making company from Part 1 had very few claims over the last couple of years, and yet they know they are paying the same premiums as their competitor even though the competitor may have been repeatedly showcased in the media for serious workplace accidents. Is that fair? The proposed new system says no. Instead, WSIB proposes to assess employers individually on their own claim experience to determine their premium rate.  How?  Through the implementation of “Class Target Premium Rates”.

​The Class Target Premium Rate System is exactly what it sounds like – a target rate within each of the previously discussed 34 industry classes that would reflect the collective experience of all employers. This “rate” is based on three components and is not unlike the current system in that it covers administration costs (legislative/overhead), new claims costs (expected future costs) and past claim costs.  These amounts would obviously vary between each of the 34 proposed classes, as demonstrated by the below figures.

So… what’s the difference?

The distinct difference between the current system and the proposed lies in the “Employer Level Premium Rate Adjustments”.  This “adjustment” is WSIB’s proposed method of adjusting the Class Target Premium Rate for each individual employer to arrive at an employer’s individual “Actual Premium Rate” relative to the “Employer Target Rate”.  How is this calculated?

This is another major difference.  The WSIB is proposing to calculate adjustment based on RISK, which would be represented by an employer’s own claim experience and insurable earnings relative to their Class Target Premium Rate.  This adjustment will be known as a “risk band” and will represent a series of divisions within each class where employers will be placed relative to their Class Target Premium Rate.  “Risk bands” will be discussed in more detail in part three of this blog.

What is Rate Disparity?

The idea of charging Ontario employers with premiums at the class level (Class Target Premium Rate), as opposed to the rate group level, brings several questions to mind. One being the possibility of “risk disparity” or when premium rates vary significantly from the average experience of the class. In other words, risk disparity sets the stage for the possibility of newly grouped businesses being subjected to a premium rate that misrepresents their risk.  For example, under the proposed 34 classification structure, our cabinet making company may now be grouped with other business activities not previously included under the current “manufacturing” definition. 

What if your company is now required to pay a premium rate at the class level that is either significantly higher or lower than your current rate group premium?  The WSIB plans to address said disparity by including premium rate limitations on upward and downward movement through minimum and maximum risk bands within each industry class. 

This measure is intended to achieve fairness in the premium rate process and will be explored further in part three of this three-part series. Check back soon for further information on Employer Level Premium Rate Adjustments.

We want to hear from you! Contact Anna Aceto-Guerin from Clear Path Employer Services with your questions on the Proposed Rate Framework’s Class Level Premium Rate Setting. 

Want to learn more about how to get yourself in a prime position on your NEER prior to the implementation of this new system?  Join us at one of our spring NEER workshops. ​

Mental health claims are on the rise in Canada. In fact, according to the Mental Health Commission of Canada, disability claims have doubled over the last 20 years with mental health conditions accounting for approximately 47 per cent of them.
 
In any given year, one in five Canadians will experience a mental health problem or illness. This translates to approximately 30 per cent of short- and long-term disability claims. The Canadian Mental Health Association indicates that these claims are estimated to cost our health care system $4.7 billion in care, $3.2 billion in disability, and more than $6 billion in lost productivity costs due to employees taking time off while sick, struggling to work while sick and turnover. 

Preventing Mental Health Issues in the workplace
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Mental health disorders that are unrecognized or untreated not only damage an employee's health and career, but can also reduce productivity in the workplace. Adequate treatment, on the other hand, can alleviate symptoms for the employee and improve job performance. Accomplishing this requires a shift in attitude about the nature of mental disorders.

This year’s CMHA Mental Health Week is encouraging Canadians to #GETLOUD about mental health. No one can be truly healthy and happy without positive mental health. To try to achieve this, Canadians require psychotherapy, counseling and community-based mental health services and programs.

Workplaces can play a critical role in maintaining positive mental health. By ensuring an open-dialogue and creating a safe environment for conversation, an employee may be more likely to seek treatment without being afraid of any ramifications from their employer.

Unfortunately, no workplace is immune from the risks of claims associated with mental health. 
When faced with a worker injury or illness, you want to get the employee back to work and productive as soon as possible. 

Injured or ill workers can have significant impact on financial and human costs for your company,however the process of managing disability claims can be frustrating and time consuming.  Clear Path has you covered with our disability management services, helping you reduce your claim costs for your business. 

If you need help, contact us for a complimentary 15-minute consultation.

Anna Aceto-Guerin, President and Senior Consultant
Clear Path Employer Services / HR Consultant

What’s being done? 

The Ministry of Labour is currently investing into strategic research to address the following: the improvement of health and safety in Ontario workplaces, enhancing the delivery of effective occupational health and safety services and products, as well as strengthening the occupational health and safety system in Ontario.  According to the Ministry of Labour, key priority areas for 2016-2017:

1. Highest hazards that result in occupational injuries, illnesses and fatalities;
2. Occupational health and safety improvements in small businesses;
3. Occupational health and safety of vulnerable workers;
4. Violence in the workplace; and
5. Supporting workplace mental health.

As the above statistics indicate, this information is valuable to both employers and workers alike as what the numbers do not show is just how many people are directly, and indirectly affected by workplace tragedies.

The National Day of Mourning recognizes family, friends, co-workers and loved ones who have been affected by these workplace calamities. Maintaining a "culture of safety" at your business is critical for protecting the well-being of your employees and for creating a productive, effective working environment.  Let's work together so that everyone gets a chance to go home.

If you have questions about your company's Health & Safety program or would like to speak to an expert, please don't hesitate to contact Anna Aceto-Guerin at anna@clearpathemployer.com or (519) 624-0800.

April 20th marks the pseudo-international holiday for cannabis culture, known in many communities as “420” (pronounced four-twenty). In several cities around the world, people gather to both celebrate, smoke and peacefully advocate for the legalization of cannabis.  In Canada, the largest gatherings on April 20th take place in Vancouver, Ottawa, Montreal, Toronto and Edmonton.  One only need do a simple Google search to realize the growing following for this festival like gathering of music, vendors, booths, official sponsors and prominent speakers. 

When Canadian users gather for this year’s “420” however, they will have a different, long-anticipated reason to celebrate: the April 13th Liberal announcement of the legislation which decriminalized marijuana.  This announcement set many Canadian employers ablaze with questions as to how they are required to respond to the changing legal and social Canadian landscape. 

What does the legalization of marijuana mean for Canadian employers?

The first thing employers need to realize is that the current legislation is merely a stepping stone for the legalization of recreational marijuana as the actual laws regarding the production, use, sale and distribution will fall to provincial legislation and likely not until July 2018.   This means that before Canadian employers become dazed and confused, they have time to prepare their businesses for the pending legal and social changes. 

One major change employers should recognize is the social shift away from conservative views on recreational marijuana.  Does this mean employers should be prepared to excuse unsafe behaviour of stoned workers? Of course not! It means that employers should review and modify their workplace policies and procedures to reflect the removal of references to marijuana usage as “illegal”.  Employers will still have the right to restrict the use and possession of marijuana in the workplace. Specifically, Ontario employers should be aware that the same restrictions of smoking tobacco in the workplace will apply to the smoking of marijuana. Employers also have the right to discipline employees for recreational use of marijuana if the impact of the drug impacts performance, just like with alcohol. 

However, also just like with alcohol, employers are required to accommodate disabilities to the point of undue hardship, which means employers need to be mindful of the use of marijuana to treat certain medical conditions and illnesses.  Human Rights legislation would therefore suggest the range of accommodation would depend on an employer’s financial ability to accommodate, the type of work performed and the impact of marijuana use on the employee’s essential duties. Employers should be aware however that such accommodations should be balanced with their broader duty to provide a safe workplace under section 25 of the Ontario Occupational Health and Safety Act.  This means that with safety-sensitive occupations, such as those involving heavy equipment, a balanced approach is required when accommodating medical marijuana in the workplace. 

Employers should also be aware that not every government agency is prepared for the implications and consequences of the Cannabis Act. For instance, the Workplace Safety and Insurance Act does not have specific policy regarding the use, distribution or coverage of medical marijuana.  Currently, the Tribunal approach to the entitlement for medical marijuana is as follows:

• While the WSIB drug formulary does not specifically authorize the use of medical marijuana, there is a discretion under the Workplace Safety and Insurance Act, 1997 to authorize the payment of medical marijuana in appropriate cases.
• Prior Appeals Tribunal decisions have noted there is a lack of “high quality scientific studies documenting the efficacy of marijuana in treating pain and that marijuana is also a commonly used recreational drug.” The Tribunal is of the opinion that given these circumstances, there is a “clear potential of individuals to make inappropriate requests for reimbursement of the cost of marijuana”.
• In order to address these concerns, prior Tribunal decisions have emphasized certain requirements in order for entitlement to reimbursement for medical marijuana to be established:
  • The worker’s pain should be constant and debilitating;
  • Clear evidence that other methods of assisting the worker to deal with this pain have been shown to be ineffective;
  • There must be “reliable medical evidence” that the worker’s physicians have formed “reasonable opinion that medical marijuana has been effective in assisting the particular worker in dealing with his or her compensable impairment”.
  • In a number of cases, the effectiveness of medical marijuana has been demonstrated by the elimination or reduction of the worker’s use of narcotic medications.
  • There should be a lack of contraindications regarding the use of marijuana, such as a history of overuse or abuse of marijuana, or an escalated risk of abuse or negative psychological impacts.
  • The worker must have the appropriate authorization to use and possess medical marijuana from Health Canada.

The legalization of recreational marijuana brings some of the above requirements into question as to their continued appropriateness. For instance, the lack contraindications regarding the use of marijuana, especially if said use is now legal.  How will WSIB address the legal and social shifts to the acceptance of recreational marijuana?

Employers should remember that until all the above potential changes officially come into force, current restrictions remain in place.  However, it is in their best interest for employers to begin reviewing and amending their policies and procedures to reflect potential workplace changes.
 
Do you have questions regarding medical or recreational marijuana in the workplace? Contact Anna Aceto-Guerin at Clear Path Employer Services with your questions or concerns.

If you’ve read Clear Path’s most recent blog, you know that WSIB is heading toward fundamental change, not only to its method of business classification, but also to its application of premium rates. 
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So many questions to consider with these new changes. Will my business’ classification change? Will my premiums change? Will I still receive a rebate?  We plan to explore all of these questions and more in our three-part blog series that will focus on the new method of Employer Classification (part one), Class Level Premium Rate Settings (part two) and Employer Level Premium Rate Adjustments (part three). 

Will my Business’ Classification Change?

The answer to that questions is….maybe.  One of the key goals of the proposed Preliminary Rate Framework is to implement a “streamlined and simpler classification structure”.  The word “simpler” is key! In order to determine premium rates, WSIB’s current system groups businesses into nine Classes, 155 Rate Groups and 840 Classification Units.  The proposed new system would replace this with a simplified 34 Class Structure.

With the elimination of the 155 Rate Groups, WSIB plans on grouping businesses based predominantly on business activity.  This change is key!

Unlike the current system, the new system will determine a company’s predominate class (fit) by the largest percentage of your insurable earnings.  For example, your company makes cabinets (manufacturing) and 80 per cent of insurable earnings are dedicated to its production. However, you also install cabinets (construction) and 20 per cent of insurable earnings are dedicated to this business activity.  Under the new system, your cabinet making company would be classified only under manufacturing.  Seems simplified, right? Maybe. But what are the implications to your company?

This change will likely not affect smaller companies who have only ever been classified under one Classification Unit in the current system. However, in the case of the above cabinet making company, WSIB will use the last three years of insurable earnings to determine the company’s predominate class. 

If you are a company with multiple business activities, you may wish to think about how your “predominate class” may be categorized. Will this significantly change where you fit in the 34 Classification Structure? Did you move from manufacturing to construction and will one of these categories have primarily higher premiums? Or perhaps you moved to a different classification with historically lower premiums and yet it’s likely you may have higher claims costs simply due to the nature of one of your business activities. How might this affect your experience? Will this be a positive or negative change for your company?

Part Two will explore how WSIB plans to address these potential pitfalls through the implementation of Class Level Premium Rate Settings.  Check back soon for that update!

We want to hear from you! Should WSIB consider other factors when determining a predominate class? What about risk? What do you think?  Contact Anna Aceto-Guerin from Clear Path Employer Services with your opinion or any questions on how the Proposed Rate Framework’s classification method.
 
Want to learn more about how to get yourself in a prime position on your NEER prior to the implementation of this new system?  Join us at one of our spring NEER workshops to learn more. 

If you have any questions or concerns about how to handle HR issues related to this Remembrance Day, or any other employee challenges, please don't hesitate to contact Anna Aceto-Guerin from Clear Path Employer Services. She can be reached at anna@clearpathemployer.com or toll free at (888) 336-0950.

Ontario's Workplace Safety & Insurance Board (WSIB) made headlines this month by announcing that employer premiums would decrease an average of 5% in 2017, the first such decrease in over 15 years. ​ This will result in approximately $250 million less being collected from employers, making the average premium rate $2.46 per $100 of insurable payroll, down from $2.59 in 2016.

However, not all industries will see the benefit of the decreased premiums. In fact, the WSIB's 2017 premium rates show that more than half of all industries will see no change at all in 2017 -- which many will argue is still a positive thing when compared to years of regular increases.

Only two rate groups (industries) will see an increase, Ambulance Services (Rate Group 590) and Local Government Services (Rate Group 845), which were both impacted with higher claim costs following the new presumptive Post Traumatic Stress Disorder legislation, which supports first responders with PTSD.

According to the WSIB, rate groups (industries) that have shown the most positive performance will see a decrease of up to 14%. Some examples include:

• Form Work & Demolition (Rate Group 748): $15.75 per $100 of insurable payroll (down from $18.31 in 2016)
• Siding & Outside Finishing (Rate Group 751): $8.82 per $100 of insurable payroll (down from $10.25 in 2016)
• Warehousing (Rate Group 560):  $2.95 per $100 of insurable payroll (down from $3.43 in 2016)

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The decrease in average premium rates is a result of an improved financial position for the beleaguered organization, according to Chair Elizabeth Witmer and president/CEO Tom Teahen in their recently released WSIB Economic Statement 2016. The WSIB has been able to reduce its ominous unfunded liability (UFL) from $14.2 billion in 2009 to $5.6 billion this year and attributes its success to:

• Increased premium revenue from employers since 2009 collected specfically to decrease the UFL
• Fewer claims as a result of improved health & safety measures across the province
• Improved recovery and return-to-work results for injured workers

Not all stakeholders are celebrating the news. The Ontario Network of Injured Workers protested the WSIB's annual general meeting and is critical of the WSIB's ongoing cost-cutting measures that they believe come at the expense of injured workers.  Organization spokesperson Catherine Fenech said: "It's horrifying that the WSIB is reducing employer premiums at a time when their policies are causing so many injured workers to go into crisis." (Source)

The WSIB counters by claiming that average employee benefits have remained stable since 2009 and that average health care spending per injured worker claim has grown slightly from $1,511 in 2009 to $1,595 in 2016. The WSIB also states that 92% of injured workers return to work with no wage loss within 12 months of injury.

The WSIB says that further premium rate reductions are possible in 2018 and 2019, depending on financial results and the health of the provincial economy. 

Next steps:

Do you have any questions about your company's WSIB premium rates or claims management process?  Want to learn more about upcoming changes at the WSIB, including the proposed Rate Framework Modernization project, which could merge the NEER, CAD-7, and MAPP programs into one unified system by 2019?  

Contact Anna Aceto-Guerin, president of Clear Path and WSIB NEER expert for a complimentary consultation today. You can reach her at anna@clearpathemployer.com or (519) 624-0800 xt. 106.