Intent

The West Egg Group will comply with all required federal and provincial regulations, legislation and workplace compliance issues regarding the correct reporting of any workplace injuries, and will strive to prevent any potential workplace injuries through the implementation of health and safety policies and programs.

Definitions

The following definitions have been taken from the Ontario WSIB:

Workplace Injury – Any injury that occurs on The West Egg Group premises or during the transaction of approved The West Egg Group business that requires either First-Aid or Health-Care.

First Aid – First Aid is the one-time treatment or care and any follow-up visit(s) for observation purposes only. First aid includes, but is not limited to:

• Cleaning minor cuts, scrapes, or scratches
• Treating a minor burn
• Applying bandages and/or dressings
• Applying a cold compress, cold pack, or ice bag
• Applying a splint
• Changing a bandage or a dressing after a follow-up observation visit.

Health-Care – includes:

• Services requiring the professional skills of a health care practitioner (e.g., doctor, nurse, chiropractor, or physiotherapist
• Services provided at hospitals and health facilities.
• Incidents where dentures, glasses, or artificial appliances (e.g., prosthetic arm) were damaged in a work-related accident.

Critical Injury – Is an injury that places life in jeopardy, involves unconsciousness, results in substantial loss of blood, results in a fracture of leg or arm but not a finger or toe, results in amputation of leg or arm but not a finger or toe, involves burns to a major portion of the body, or results in the loss of sight in an eye

Guidelines

Reporting Workplace Injuries

The West Egg Group will report a work-related accident to the WSIB if a worker requires health care and/or:

• Is absent from regular work.
• Earns less than regular pay for regular work (e.g., part-time hours).
• Requires modified work at less than regular pay.
• Requires modified work at regular pay for more than seven calendar days following the date of the accident.

When deciding whether to report an accident where a worker requires modified work at regular pay for more than seven calendar days, The West Egg Group will consider that:

1. The seven calendar day period is not reset for workers that initially require modified work for less than seven calendar days, return to regular work for a brief period, and then require further modified work. In these cases, the requirement to report is based on whether the worker requires modified work after the initial seven calendar days following the date of the accident.

2. If a worker initially returns to regular work but then requires modified work, The West Egg Group will report the accident if the worker requires modified work for more than seven calendar days from the date that the modified work began.

The use of calendar days reflects the WSIB’s notion that if an injury affects the worker’s ability to perform regular work after a week, health care is likely to be sought, regardless of the number of days worked.

The West Egg Group will not require a work-related accident report if the worker:

• Receives only first aid (a record of the first aid will be kept internally).
• Receives first aid and requires modified work at regular pay for seven calendar days or less, following the date of accident.
• Does not receive first aid, but requires modified work at regular pay for seven calendar days or less, following the date of accident.

Accidents Requiring Health-Care

When deciding whether an accident should be reported to the WSIB because “care” has been provided to the worker, The West Egg Group will consider the type of care provided, rather than the professional qualifications of the provider giving the care, or where the care was provided. 

The West Egg Group Corp. will report the accident to the WSIB when a worker is injured and the treatment received could only have been administered by a healthcare practitioner. 

The accident will be reported regardless of whether:

• The West Egg Group pays the health care practitioner for the service provided, and/or
• The health care practitioner treats the worker on The West Egg Group premises.

The West Egg Group will not report the accident to the WSIB if first aid is provided to a worker by a:

• Co-worker, manager, layperson, or
• Health care practitioner, when the first aid did not require the professional skills of that practitioner.

Exposure to Infectious Diseases

If the worker tests negative for exposure to an infectious disease, The West Egg Group is not required to submit an accident report. However, if the worker tests positive for infectious disease, or requires any type of treatment related to the incident, The West Egg Group will report this to the WSIB. If a worker tests negative, but claims an emotional or anxiety-related response following the accident, The West Egg Group will report the accident. 

In cases where HIV infection is suspected, The West Egg Group will report the accident if a healthcare practitioner provides post-exposure prophylaxis (PEP) (see: Post-exposure Prophylaxis for Occupational Exposure to HIV (WSIB Document No. 23-01-01). 

If it is suspected that a worker has been exposed to an infectious disease, but the worker chooses not to participate in the surveillance protocol, The West Egg Group will report the accident to the WSIB. 

The West Egg Group will report when a worker has been exposed to, or is suspected of having been exposed to, an infectious disease.

Accident Reporting

The West Egg Group will report accidents through the use of:

• Report of Injury/Disease Form 7 (Form 7)
• WCB/ WSIB-approved electronic reporting form.

OHSA Compliant Health and Safety Accident Reporting

The Occupational Health and Safety Act (OHSA), and the regulations under OHSA require The West Egg Group to provide information to their health and safety committees. If a photocopy of the Form 7 is used for this purpose, personal information (e.g., the worker’s Social Insurance Number, telephone number, earnings information, and pre-existing medical conditions) will be removed.

Authorization

To be considered valid, a completed Form 7 will be authorized by The West Egg Group or a representative of The West Egg Group. Sole proprietors and independent operators with optional insurance may authorize a report of their own accident. Partners and executive officers who have obtained optional insurance may not. 

Employees

If you are injured or ill because of work, your first priority is to seek proper medical attention. You must then inform your Supervisor/Manager so that The West Egg Group can give you support and fulfill our responsibilities. As soon as possible after an accident, workers will file a claim for benefits. They will also consent to disclose their functional abilities information, which is provided by the treating health professional. 

Workers will give The West Egg Group a copy of the claim for benefits at the same time they give a copy to the WSIB. In the case of occupational diseases, workers will give a copy of the claim to The West Egg Group which most recently employed them in the employment to which the disease is associated. 

The WSIB only issues one benefit payment (up to two weeks of loss of earnings benefits) to workers who are entitled to benefits under the insurance plan, but who have not met the claim and consent requirements. No further benefits are provided unless the worker meets the requirements.

Workers meet their requirement to claim for benefits by signing Form 0006A – the Workers’ Report of Injury/Disease Form 6 (Form 6) or Form REO6 – Worker’s Continuity Report.

How Employees Consent

Workers meet their requirement to consent to disclose functional abilities information by signing:

• Form 0006A – the Workers’ Report of Injury/Disease Form 6 (Form 6)
• Functional Abilities Form for Planning Early and Safe Return to Work (FAF), or
• REO6 – Worker’s Continuity Report (REO6).

Reporting Deadline

The West Egg Group 

We will ensure that the WSIB receives a complete accident report within seven business days of The West Egg Group learning of the reporting obligation. (Business days are Monday to Friday, and do not include statutory holidays.) Workers will receive a copy of the accident report that is provided to the WSIB (including any additional information provided by The West Egg Group). 

Employees

A claim must be filed within six months of an accident or, in the case of an occupational disease, within six months of the worker learning of the disease. If the worker does not file a claim for benefits or consent to the disclosure of functional abilities information within the six-month deadline, the WSIB does not provide benefits unless, in its opinion, it is just to do so.

In some cases, workers may ask the Workplace Safety and Insurance Appeals Tribunal (WSIAT) to determine whether they have the right to pursue legal action against a third party under the Workplace Safety and Insurance Act. If WSIAT rules that they do not have that right, the deadline for filing a claim for benefits is six months following WSIAT’s decision.

Waiving the Requirements to Claim and Consent

Mentally/Physically Incapable

If, as a result of the accident, the worker is mentally or physically incapable (e.g., unconscious) of claiming benefits and consenting to the disclosure of functional abilities information, the WCB/WSIB waives the requirements and issues the first and subsequent benefit payment(s) to the guardian.

Failure to Comply

Due to the serious nature of workplace injuries and the importance of accurate and timely reporting, The West Egg Group employees are expected to fulfill their obligations regarding the correct reporting of workplace injuries.

At the initial entitlement stage of a claim, the WSIB may levy four separate penalties — one each for:

1. Late reporting;
2. Incomplete reporting;
3. Not reporting on a pre-approved version of the form; and
4. Failing to provide a copy of Form 7 to the worker.

The WSIB may again levy these penalties if The West Egg Group fails to respond to subsequent requests for information, or at the time of a recurrence.