Overview

19-05-02, Re-employment Obligation in the Construction Industry—Threshold, Duration and Specific Employer Requirements

  • Key definitions
  • "Unable to work" threshold
  • How a worker's fitness to return to work is determined
  • Duration of the re-employment obligation
  • How an employer receives notice of its re-employment responsibilities
  • Definition of suitable work
  • Accommodation requirements
  • What an employer is required to do (specific obligations to union and non-union workers)
  • If more than one construction job available (union and non-union workers)

19-05-03, Compliance with the Re-employment Obligation—Construction Industry

  • How the WSIB determines compliance with the re-employment obligation
  • Presumption of a re-employment breach
  • Rebutting the presumption
  • Terminations before re-employment or more than 6 months after re-employment
  • Consequences of a re-employment breach

19-05-04, Re-employment Penalties and Payments—Construction Industry

  • Educating the workplace parties on their re-employment responsibilities
  • Mediation
  • Warning employers
  • Notice of a re-employment penalty
  • Applying a re-employment penalty
  • Waiving or reducing a re-employment penalty
  • Authorizing re-employment payments or loss of earnings benefits
  • Appeal time limits