As of September 29, 2023, the Ontario Workplace Safety and Insurance Board (“WSIB”) has revised its Policy No. 15-01-02, “Employers’ Accident-Reporting Obligations” and Policy No. 11-02-01, “No Lost Time”, to stipulate a three-business-day deadline for covered employers to file a report of workplace injury.
This replaces the former seven-business-day timeline contained within WSIB policy, and brings it into congruence with the three-day deadline provided by section 21(1) the Workplace Safety and Insurance Act, 1997. Under the Act, employers must report work-related accidents or injuries if the accident necessitates health care, or results in the worker not being able to earn full wages.
WSIB Policy No. 15-01-02 further provides the following clarification on when employers must report a workplace accident:
Employers must report a work-related accident to the WSIB if they learn that 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, or
- requires modified work at regular pay for more than seven calendar days following the date of accident.
Employers are required to file their reports of injury using the WSIB’s Form 7, or, alternatively, another WSIB-approved form. Any form used to report a workplace accident must be pre-approved by the WSIB before use. Employers are also required to provide the worker with a copy of their report as it is filed with the WSIB, including any additional information submitted.
Employers who fail to meet the WSIB reporting deadline for work-related accidents are liable to a late-reporting fine of $250, or, for accidents reported later than 30 calendar days after the obligation to report arises, $1000. The WSIB may also levy additional fines for infractions such as incomplete reporting, failure to use a pre-approved form, or failure to provide a copy of the report to the worker, as well as for subsequent infractions or in cases of failure to report a recurrence.
Employers who fail to properly report a work-related accident may also be prosecuted under the offence provisions of the Act. In this respect, section 152(3) of the Act specifically provides that employers who fail to comply with their accident-reporting obligations are guilty of an offence.
With the introduction of this amendment to WSIB policy, employers should ensure that they are attentive to when a reporting obligation might arise, and that they move quickly to report a work-related accident if one occurs.
If you have any questions about this topic or any other questions relating to workplace law, please do not hesitate to contact a Mathews Dinsdale lawyer.