Work Reintegration/NEER Policies: Q and A

1. What is the primary focus of the new policies?

The primary focus of the new policies is to return injured/ill workers back to work with their injury employer to the extent possible.

2. When do the new policies come into effect?

The new policies come into effect on July 15, 2011.

3. Will all decisions made between December 1, 2010 and July 15, 2011 under the interim policies remain in effect?

Yes, all decisions made between December 1, 2010 and July 15, 2011 under the interim policies will remain in effect.

4. What do the new policies integrate?

The WR policies integrate the legislative provisions of Early and Safe Return to Work, Re-employment, and Labour Market Re-entry. The NEER policy extends the NEER window from three to four years beginning with the 2008 injury year. With the new NEER policy, employers will see a change on their December 2011 quarterly NEER statement reflecting the change from a three-year to a four-year window.

5. What are the key changes in the new policies as a result of the consultations?

As a result of the consultations, the policies were clarified and made easier to use for WSIB staff and clients. Key changes from the consultation include:

• Clarifying the key concepts and definitions, such as “WR goal” and “suitable” and “available” work, to respect the legislative provisions and further the goals of the work reintegration program
• Adding language about the duration of the co-operation obligations, as well as what factors the WSIB would not consider to be non-co-operation
• Recognizing the challenges faced by small businesses
• Providing more detail about an employer’s re-employment obligations
• Clarifying that the WSIB will first look to the availability of suitable occupations with the injury employer and the local labour market before looking at the availability of suitable occupations in the broader labour market
• Creating a standalone policy on relocation services

6. Did the WSIB consult with worker and employer stakeholders before finalizing the new Work Reintegration (WR) policies and NEER policy?

Yes, we conducted extensive consultations with workers and employers.  All stakeholder submissions and recommendations, including input from WSIB staff received during the consultation (from November 8, 2010 to February 15, 2011), were reviewed and considered before the policies were finalized. We also directly engaged worker and employer stakeholders in meetings for feedback and input.

In developing the new WR policy framework, we held consultations with stakeholders, including:

• Workers
• Employers and their representatives
• The Ontario Network of Injured Worker Groups
• The Canadian Federation of Independent Business.