Employer Gym Facilities – Safety Policies & Liability

[vickyp]

#102588

Forum: Community

Does an injury that occurs to a worker at an employer provided gym  be an employer responsible injury’ Could these gym incidents count as a compensation injury or serious incident’
This specific occurrence happened in Alberta when an Alberta worker claimed a gym injury at his employer:
https://www.canlii.org/en/ab/abwcac/doc/2012/2012canlii31503/2012canlii31503.pdf
It was denied because 1. It was not compuslory to use these facilities, 2. not a regular job duty. 3. the worker was not required to be a certain physical fitness.  
The injury was ruled as non-compensatible.  I was wondering if such a similar serious injury occurred at an employer’s gym it could be a compensation injury within Saskatchewan, Manitoba and Ontario.   
Regardless if these injuries occur or not, should employers have safety rules, procedures and policies regarding gym facilities use within their workplace’  If they do, would it make any difference or not in terms of legal liability’  
Please let me know your opinions.  

[vickyp]

#102953

I know it’s been nearly a week since you posted this Q. I had to assign an associate to do the research. She just submitted her results today. I’ll go thru them and give you the official response tomorrow. Thx for your patience. . .
Glenn

[vickyp]

#102954

Here’s what we found:
ONTARIO
We posed the Q to WSIB  and received the following email, verbatim:
“Thank you for your email enquiry of January 23, 2018 regarding accidents in the course of employment. In particular, your question is about injuries that occur at an employer provided gym.
“The Operational Policy Branch can provide policy information but cannot comment on specific cases or provide legal advice.
To determine if an injury occurred in the course of employment, decision-makers consider the criteria of place, time, and activity surrounding the injury as set out in Operational Policy Manual document 15-02-02, Accident in the Course of Employment.
“With regard to the place criteria, 15-02-02 provides that where the accident occurs on the employer’s premises, the worker will generally be considered to be in the course of the employment.
“With regard to the time criteria, if the worker has fixed working hours, the decision-maker will consider if the accident occurred within the normal working hours.
“When looking at the activity at the time of the accident, the decision-maker determines whether the worker was engaged in:

• the performance of an employment duty,
• in an activity reasonably incidental to the employment, or
• in an activity of a purely personal nature (i.e., not incidental to the worker’s employment).

“If a personal injury by accident occurred while the worker was engaged in the performance of an employment duty, generally the personal injury by accident will be found to have occurred in the course of employment.
“To determine whether an activity is incidental to the employment, the nature of the work, the work environment, as well as the customs and practices of the workplace are considered. If an activity is reasonably incidental to the employment, generally the personal injury by accident will be found to have occurred in the course of employment.
“Generally, injuries are not considered to arise in the course of a worker’s employment if participation in the activity that results in the injury is of a personal nature. However, if there is a strong employment connection between the activity and the worker’s job, the activity may be incidental to the employment and therefore work-related. Factors considered when determining whether a strong employment connection exists, may include whether the employer

• encourages or expects the worker to take part in the activity
• schedules specific times for the worker to take part in the activity
• approves, organizes, or arranges the activity
• provides supervision or control during the activity
• provides financial support, equipment, uniforms, etc.
• pays the worker for the time during which the worker participates in the activity or gives the worker time in lieu of wages
• benefits from the worker’s participation in the activity.

“The decision-maker would consider all factors to determine whether a strong employment connection exists, not just one factor in isolation. The more factors there are that establish a strong employment connection, the more likely that an injury will be considered to have occurred in the course of employment.
“As outlined in OPM document 15-01-02, Employers’ Initial Accident Reporting Obligations, an employer is required to notify the WSIB after learning of an accident to a worker employed by him, her, or it if the accident necessitates health care or results in the worker not being able to earn full wages. The WSIB will then determine whether the accident occurred in the course of employment. It is important to note that any determination regarding “in the course of the employment” will depend heavily on the unique facts and circumstances of each case.
“We hope this information is helpful and thank you for contacting the Operational Policy Branch.”

MANITOBA
We spoke to someone at SafeWork Manitoba who said the following: 
“In Manitoba, if the injury occurs while performing duties then it is covered; however, if the employer gives access to the gym as a perk to, for example, use at lunch if the employee wishes – in other words, is optional, then it is not covered.
“On the other hand, if the employer hosts a company picnic with fun and games where the employee is required to attend and participate, then any injury resulting from that would be considered workplace since they were required to participate.”
SASKATCHEWAN
We were unable to contact anyone at the WCB. The following information is listed on its site: 
http://www.wcbsask.com/w1/
“A work injury is the result of any work-related event that causes a need for medical treatment and/or time away from work. The WCB considers each work injury on an individual basis, but in most cases compensation would apply to injuries that occur while a worker is at work, on company premises or on company business. This includes an occupational disease caused by work.”

Unfortunately, the WCB doesn’t have a Policy directly addressing injuries in off-site recreational facilities. The closest is Policy 3.2.3 which deals with such injuries BUT at camps. Presumably, the WCB would apply the same time, place and manner criteria as the Ontario WSIB described above. 
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I hope this helps and wish it were more conclusive. Thx for your patience.
Glenn Demby 203 354-4532

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