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Ask The Expert: Do We Have to Provide Notification of Medical Treatment Injuries to the MOL?

QUESTION

We know that we have to report work injuries requiring medical treatment to the WSIB. But do we have to notify the MOL, too’ The OHS Act requires reporting to the MOL ‘if an inspector requires’ it. Can you translate that’ How are we supposed to know if the inspector requires notification’

 

ANSWER

The OHS Act (Sec. 52(1)) says you must provide medical treatment to the workplace JHSC, health and safety representative or union, if there is one. You don’t have to notify the MOL unless an inspector requires you to. You’ll know that such notification is required because the inspector will tell you. In other words, the burden is on the inspector to notify you and you don’t have to read the inspector’s mind.

To be fair, none of the MOL guidelines say this or even address the issue of inspector notification of the duty to notify the MOL of medical treatment injuries. But the only way the rule makes sense is if the inspector expressly tells the employer that MOL notification is required.