Employer Responsibilities under OHSA

[Mali Singh]

#109111

Forum: Private

Employer based in ON

We have a part-time/ casual staff member who suffered a stroke and is currently in critical condition.
They were scheduled to go on a shift which they did not attend. After multiple attempts to reach them, the other individual on the shift made a few calls and got their family member to do a wellness check. Upon going there, it was discovered that a neighbor had called an ambulance and the staff was at the hospital. We have taken them off the schedule and their family is letting us know how things go. We have notified staff and plan to send a reminder about our employee assistance plan to those who are close with this staff. From an OHS standpoint, as an employer, are we required to do anything else? If it is later determined that this staff member was getting ready to attend the shift and then suffered from the stroke, does that change anything? (I.e.- since they would be on the way to work soon?)

[Glenn Demby]

#109113

ANSWER

It depends.

EXPLANATION

From an OHS/Workers’ Compensation perspective, the key question is whether the staff member suffered the stroke in the course of employment. If so, you might have to report it. Let me break it down:

WSIB

Employers must submit a Form 7 report of strokes and other illnesses to the WSIB within three business days of learning of the event, provided that the stroke is work-related. If the staffer suffered the stroke at home, it wouldn’t be deemed work-related UNLESS either:

a. The staffer was performing work functions at home when they suffered the stroke; or

b. Employment conditions, for example, exposure to a hazardous substance, contributed to its occurrence. If you know for sure that this isn’t the case, then you don’t have to report it. However, if there’s any doubt or possibility that the work environment or conditions might have been a cause, you’re best off erring on the side of caution and submitting the Form 7 to the WSIB, which will then determine causation and whether the stroke was work-related.

OHS

Similar principles apply to OHS reporting. Under Ontario OHS laws, employers must notify and submit a written report of a “critical injury,” such as loss of consciousness or a life-threatening condition, to the Ministry of Labour within 48 hours. However, notification and reporting are required only if the critical injury occurs in the “workplace.” Keep in mind that “workplace” is defined broadly as including any location where a worker is normally expected to perform their job, including the worker’s home if the worker telecommutes or works remotely.

*****
Since I don’t know all the facts, I can’t give you a definitive answer. But hopefully I’ve given you the legal framework you need to apply the facts and make your own determination. Remember, if you’re not completely sure that the stroke was NOT work-related or a workplace incident, you might want to report it just to be safe.

Feel free to follow up if this doesn’t answer your question.

OHS Insider, Editor in Chief

[Mali Singh]

#109117

We are not covered by WSIB and have no idea on timing of the event at this time? We can see if the staff member logged onto a system or something to determine if it was right before the event or not. If not covered by WSIB, do we still have to report to the ministry?

[Mali Singh]

#109122

The worker does not work remotely, the job entails going to specific sites to conduct testing. There is sometimes admin time that can take place either before or after the testing is done.
Would the presence of any hypothetical admin time before the staff member left the residence to go to “work” affect this? How far do we have to go to find out the timing of this incident taking place? We don’t have that information, as we don’t know who ultimately found her/ when she was taken to the hospital and how long before it the incident had occurred. Given the sensitive time, we are reluctant to inquire these details with the staff members family..

[Glenn Demby]

#109127

WSIB reporting isn’t a concern if you’re not covered by workers’ comp. Just be sure to check and comply with all requirements and deadlines of any of your private insurance policies that may apply.

Unfortunately, not having to report to the WSIB isn’t automatic exemption from OHS “critical injury” reporting requirements. Remember that the key issue is whether the staffer’s stroke happened in the workplace. The fact that the staffer isn’t a telecommuter offers some but not complete comfort on that count. However, I believe you do have to look into what the staffer was doing at the time the stroke happened. If the staffer was, in fact, carrying out admin. duties or traveling to the site, it may be deemed a “workplace” critical injury that must be reported to the MOL. Have you talked to anyone at the MOL about this? If not, consider doing so.

Are you in a clearer place now? If not, shoot me another follow up and I’ll try my best to help.

OHS Insider, Editor in Chief

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