Return to Work Policy and Procedure

Transcription

1 Return to Work Policy and Procedure Category: Number: Responsibility: Approval: Amendments: Human Resources HU1 Director of Human Resources January 2016, Administration Every 5 years or as circumstances warrant PURPOSE Algoma University is committed to protecting the health and well-being of our employees. The objective of the Return to Work (RTW) Program is to provide a caring and consistent process through which Algoma will support all employees who incur a disabling injury or illness in a successful and timely reintegration to their pre-injury positions in conjunction with their recovery to optimal functioning. The RTW program will ensure that as an organization we are committed and able to supply modified and/or accommodated duties to all employees, where possible, to the point of undue hardship. SCOPE This procedure applies to all employees with a non-occupational or occupational injury, illness or disability, regardless of its cause, type or nature, which results in absence of work. DEFINITIONS Accident: An accident includes: a willful and intentional act, not being the act of the employee; a chance event occasioned by a physical or natural cause, and; a disablement arising out of and in the course of employment. Critical Injury A critical injury is defined as an accident which results in an injury of a serious nature that: a) places life in jeopardy; b) produces unconsciousness; c) results in substantial loss of blood; d) involves the fracture of a leg or arm; e) involves the amputation of a leg, arm, hand or foot; f) consists of burns to a major portion of the body; g) causes the loss of sight in an eye.

2 IRS The philosophical approach to health and safety, which underlies the Ontario Occupational Health and Safety Act, whereby responsibility for health and safety is shared by all parties in the workplace. Near-miss An incident having potential to but not resulting in injury or property damage. Occupational Disease An illness or disease which was brought on or caused by exposure in the workplace to a physical, chemical, or biological agent to the extent that the health of a employee is impaired. Supervisor A supervisor is an individual having authority over a employee or an activity. Employee A employee includes a person who has entered into or is employed under a contract of service or apprenticeship, written or oral, express or implied, manual labor or otherwise and receives a T4 income form from Algoma U. WSIB Injury An injury or illness which occurred at work and required health care. Regulated Health Care Professional An external treatment provider who is regulated and licensed to practice health care in Ontario. WSIB Workplace Safety and Insurance Board- Ontario Provincial Agency responsible for administering work related claims. Transitional Return to Work TRTW is based on objective medical documentation and is time limited (per individual circumstances), and resulting in a return to the employee s pre-injury job. Early and Safe Return to Work (ESRTW) Is the early and safe return of an employee to modified work or a modified work program. This program can include the modification or re-designation of hours, duties, production levels or tasks. Permanent Accommodation A permanent accommodation meets the capabilities /limitations of the employee such that he / she may perform the essential duties of the job without assistance. Occurs when an employee has reached Maximum Medical Recovery (MMR) as determined by a specialist. Non-occupational injury or illness Defined as not being caused at or from the workplace. Efforts will be made to accommodate employees with nonoccupational injury or illness in the Return to Work Program where reasonable accommodation is possible. Occupational injury or illness Is defined as per the WSIB. Modified work Any alternate work, task, function or combination thereof that a employee who suffers from diminishing capacity may perform safely, which may or may not normally have been performed by that employee. The assignment of the modified work will be dependent on the employee s functional abilities.

3 Long-term Disability, total disability If you become totally disabled while insured under the benefits package. Totally disabled means a restriction or lack of ability due to an illness or injury which prevents you from performing the essential duties of: your own occupation, during the qualifying period and the 2 years immediately following the qualifying period any occupation for which you are qualified, or may reasonably become qualified, by training, education, or experience, after the 2 years Long-term Disability-Partial Disability Able to work in own occupation but due to disability can only do so in a reduced capacity such that you pre-disability benefits are reduced by 15% or more. POLICY Algoma University will make every reasonable effort to provide suitable return to work opportunities for every employee who is unable to perform his or her regular duties following a work-related or non-work-related injury or illness to the point of undue hardship. Sustaining a culture of prevention, enhanced well-being and recovery is the responsibility of all employees, with the objective of strengthening our individual and collective capacity to consistently support the University mission. This shall be achieved through the establishment, integration and maintenance of prevention, accident, illness and disability management standards, programs, procedures and best practices. To ensure the integrity of this managed system of care, its performance shall be routinely reviewed for continuous improvements. PROCEDURE ROLES & RESPONSIBILITIES Under the IRS, the responsibility for prevention is shared by all employees of Algoma University, including faculty, instructors, support staff, and administration. The University is responsible for: Accommodating employees with disabilities to the point of undue hardship Adjusting or modifying the work environment or the method of doing work in order to address the individual needs of the disabled employee. In the event of work related injury: o Providing first aid immediately, if needed o The employer arranges and pays for transportation for medical care, if needed o The employer pays wages for the day of injury o The employer reports the injury/illness to WSIB within three days if it involves health care treatment, time off work, or lost time using a Form 7 o Investigate the accident In the event of both work related and non-work related injury/illness o Contact the employee as soon as possible after the injury or illness o Maintain communication at a reasonable timeframe throughout their recovery and return to work o Attempt to provide suitable work; in other words, work that:

4 o o o o Is safe and within the employee s functional physical and psychological capabilities The employee has the skills to do, or can acquire the skills to do Restores the employee s pre-injury earnings as closely as possible Provide a Return to Work package (doctor letter, Functional Abilities Report (FAR), date for meeting on return to work, if needed) Document the RTW plan and provide a copy to the employee and WSIB, if work-related Review the RTW plan to ensure it is current and reflects the injured employee s functional abilities; if changes are needed, revise the RTW plan, and inform the employee and other parties Monitor the progress of the employee s modified duties and/or hours through bi-weekly meetings with the employee and supervisor; ensure medical follow-up is obtained at a pre-arranged schedule (as determined in the RTW plan) Human Resources is responsible for: Advising the employee of the availability of transitional work, and provide the required forms Assisting in the creation of and support the employee s RTW plan Communicating with the injured or ill employee regularly, and document the communication Maintaining communication with the employee on modified duties and/or hours, and monitor their progress and the effectiveness of the plan Informing other employees in the department, as required Facilitating the identification of appropriate duties, within the parameters identified by the treating healthcare provider. Facilitating the reassignment of those tasks that the accommodated employee is temporarily unable to perform Acting as a liaison between the third party medical services or insurance provider, the employee and the Management Officer (if applicable). Communicate and assist in the evaluation of the plan s effectiveness through regular meetings scheduled with the employee Facilitating the return to work meeting and subsequent follow-up meetings Providing reasons for the denial of a work plan in a manner that takes into account the person s disability. Employees are responsible for: The employee is responsible for maintaining personal health, wellness and conditioning in consultation with his/her health care practitioners. All employees will provide Algoma with sufficient objective medical documentation to support any absence or requirement for modified duties and outline current functional capacity and participate in the Return to Work Program (RTWP), as necessary. Employee Responsibilities: In the event of a work related injury: o Get proper medical treatment immediately following a work-related injury or illness, and follow the recommendations of the treating healthcare provider o Take RTW package provided by the employer to their health care professional and return the FAR as soon as possible (Confidential Fax ) o Complete a Form 6 (Employee s Report) of injury and return it to WSIB o Following treatment, the health care provider will complete a WSIB Form 8.

5 o The provider will then provide the employee with a copy of page three of the form 8which must be submitted to Algoma. o Submit page three of the Form 8 and the Authorization for the Release of Information form, included in the WSIB package, to Algoma HR and/or Management Officer on or by your next scheduled shift. If costs are incurred, submit the invoice to HR In the event of a work or non-work related injury: o Participate and be in regular contact with Human Resources o Pursuing and complying with appropriate treatment strategies to promote recovery. o Participate in Independent Medical Examination or Functional Abilities Evaluation, as requested. o Submit updated Algoma FARs to HR during your recovery as requested o Take an active role in developing their RTW plan o Communicate any concerns to the Management Officer or Human Resources o Obtain the necessary forms from the treating health care professional, as may be required by the employer o Ensure that appointments with health care professionals are continued while on modified duties; these appointments are to be arranged during non-work hours, whenever possible o Cooperate with all requests for documentation, as required by WSIB and the employer o Attend all scheduled RTW meetings o Communicate any change or modifications needed to their RTW plan, as soon as they are known, to the supervisor Third Party Medical Services Provider/Health Care Professional(s) or Insurance Provider (if applicable) is responsible for: Providing up-to-date functional abilities information as scheduled or requested Fill in the forms as requested Act as a resource Monitoring the employee s medical status and initiating a return to work when appropriate, Identifying the physical and cognitive limitations and restrictions, Identifying an appropriate accommodated work schedule (if applicable), Communicating with the employee and Human Resources (if applicable), Assisting with the resolution of any identified issues or concerns with the accommodated program, including obtaining additional medical information, as needed. The Management Officer is responsible for: Notifying Human Resources of extended absences of more than 5 consecutive days or frequent absences, or any other situation requiring an accommodated return to work program. Identification of appropriate duties, within the parameters identified by the treating healthcare provider, Reassignment of those tasks that the accommodated employee is temporarily unable to perform, in consultation with Human Resources Participating in the return to work meeting and subsequent follow-up meetings, Monitoring the program to ensure a successful return to full duties. Providing updates to Human Resources specific to the employee s progress in the accommodated program, Providing immediate feedback to Human Resources, should there be any concerns with the program,

6 Forwarding any documentation received from the employee to Human Resources as soon as possible, Ensuring co-employees are aware of the accommodated return to work and encourage support and cooperation when duties are reassigned, Make recommendations to support the accommodated program, as required, e.g. Ergonomic assessment of workstation, health and safety education, training etc. The Union Representative is responsible for: Support the University s efforts to comply with the University s obligations in providing accommodation to the point of undue hardship. Demonstrating visible support and commitment to the Accommodated Work Program. Providing assistance to the employee, if required. PROCEDURE: RETURN TO WORK PROCESS DUTY TO ACCOMMODATE The University is committed to accommodating employees, and applicants for positions, with disabilities, within the spirit of, and under applicable legislation, collective agreements and University policy. Each person with a disability will be considered individually in order to determine appropriate accommodation, and their needs will be accommodated in a manner that most respects the person s dignity, privacy, comfort, autonomy and selfesteem, up to the point where the accommodation creates an undue hardship on the University. WHAT IS ACCOMMODATION Employer must take reasonable measures to provide the most appropriate accommodation available under the circumstances. This may mean making changes to: Duties and tasks Physical demands Methods of achieving work results The physical workplace/workstation Hours of work Location of work The distribution of duties among co-employees The number and use of breaks during the working day The amount of work a person normally performs The quality of work a person normally performs Duty to accommodate is a shared responsibility Return to Work The Management Officer is responsible for addressing absences and return to work issues. Human Resources should be consulted immediately in the case of a workplace accident and in other cases of lengthy absences (non-occupational or occupational), e.g. over 5 working days, to initiate the return to work process. Human Resources contacts employees to request more detailed medical information (except diagnosis) and provides consent forms. The Management Officer should continue to maintain contact with the employee.

7 Human Resources will advise employees to return all completed Functional Abilities information to HR. The assessment may indicate the following: Long Term Disability The potential for modified work. The medical information substantiates continued absence from work. There may also be an indication of a time frame for return to work. The medical information does not substantiate continued absence from work or a modified work requirement. An employee returning to work from long term disability presents a unique staffing challenge to a department. As each situation is unique, there is no standard way of handling an employee returning to work. There are four possible scenarios that can happen when an employee is deemed to be able to return to work: 1. The employee returns to his or her pre-disability position. 2. The employee returns to another position of equal commensurate value. 3. The employee returns to a lesser position due to restrictions. 4. There is no position available to the employee. Human Resources should be consulted to provide advice and assistance in determining an appropriate course of action. Where an employee is on Long Term Disability, departments may fill the temporary vacancy on a term. Before filling positions permanently, Human Resources must be consulted. Workplace Safety and Insurance Act Under the Workplace Safety and Insurance Act, both the University and its employees are responsible for facilitating the goal of early and safe return to work for employees who have been injured on the job. The University, primarily through the Management Officer, is responsible for: 1. contacting the employee as soon as possible after the injury; 2. maintaining communication throughout his or her recovery and return to work; 3. re-employing the employee (The WSI Act requires re-employment if the employee has been employed continuously for one year. Where an employee is on WSIB status and the injury occurred after January 2, 1990, departments may normally fill the temporary vacancy on a term basis for up to two years from the date of the employee being approved.); 4. attempting to provide appropriate employment. Appropriate employment is work that the employee has skills for and is safe and within the employee s physical capabilities; 5. providing WSIB with any information requested about the employee's return to work; and 6. cooperating with the employee and the WSIB in the Early and Safe Return to Work process. The Employee is responsible for: 1. obtaining proper medical treatment; 2. contacting their Management Officer as soon as possible after the injury; 3. maintaining communication throughout their recovery and return to work; 4. assisting in identifying appropriate employment; and

8 5. providing the WSIB with any information requested about progress in returning to work; and 6. cooperating in the Early and Safe Return to Work process. Modified Work The key to any successful Absence Management Program is the ability to accommodate an employee s re-entry into the workforce by accommodating various restrictions and limitations set out by the employee s treating healthcare provider. Modified work/rehabilitation opportunities can be identified at any stage of the employee s illness or injury. Consultations to establish a modified work plan/arrangement would normally involve: 1. Sick Leave - Human Resources and/or Health and Safety Officer, Management Officer, and the employee s treating healthcare provider. 2. Long Term Disability - Human Resources and/or Health & Safety Officer, Payroll and Benefits Officer, Management Officer, insurance Company representative and the employee s treating healthcare provider. 3. WSIB status - Human Resources and/or Health & Safety Officer, Management Officer, WSIB representative and the employee s treating healthcare provider. Procedures and specific plans/arrangements for modified work would have to be consistent with accommodation requirements established under the Ontario Human Rights Code, and university collective agreements and policies. 1. All employees are required to report any injury/illness to their supervisor immediately, or as soon as is reasonable, as per the injury/illness reporting procedure 2. Upon learning of injury/illness, the employee s supervisor will: o Work related: Report injury to Human Resources-Health & Safety and Investigate injury 3. When an employee presents with documentation that outlines restrictions we have an obligation as the employer to review what is required and determine if we are able to accommodation based on the restrictions. 4. Accommodation enables a person with functional limitations to productively perform and participate in the workplace 5. Meeting usually occurs on the first day of an employee s return to work. PROGRAM ELIGIBILITY/ CONCLUSION All employees who have sustained a debilitating injury or illness are eligible and required to participate in the Return to Work Program (RTWP). The program will be concluded in the following conditions: The employee returns to pre-injury duties, The Functional Abilities Report (FAR) supports a return to pre-injury duties, The WSIB deems a job suitable (Work related injuries), The employee resigns employment with Algoma, The employee retires from employment with Algoma, or Upon permanent placement in a suitable, alternate regular position.

9 COMMUNICATION TRAINING 1. Revisions or modifications of this procedure will be communicated to the Administration Team. Administration will then communicate any revisions to their employees immediately, if required, or at the next scheduled department meeting 2. A quarterly summary of injuries/illnesses will be prepared by Health & Safety and submitted to the JHSC 3. This procedure will be reviewed annually 4. The method of communication referred to in the RTW plan includes by phone, , fax, or written. Any phone contact must be documented. Both parties (Human Resources and employee) are responsible for maintaining the documentation on the RTW plan The university will ensure that all employees know and understand this RTW policy and procedure within 30 days of hire This policy and the return to work process will be reviewed by all employees on an annual basis, or as required EVALUATION Review RTW effectiveness using the quarterly reports, workplace inspections, and accident investigation on a quarterly basis

10 RETURN TO WORK PROCESS Employee reports injury/illness to supervisor* Work Related Injury Employee notifies Supervisor immediately and participate in the investigation of the incident, if required. If first aid or healthcare is required, the Employee seek care through the appropriate means. If transportation to medical care is required, the Supervisor will assist the Employee accordingly. Work or nonwork related Non-Work Related Injury The employee requesting accommodation will be expected to provide as much information as necessary in order to establish the nature of the individual s accommodation needs, including the FAR, which is to be completed by a medical professional Mgt Officer immediately provides a WSIB injured employee with a WSIB package containing an instruction sheet, Dear Health Care Provider letter, Consent, Physical Demands Analysis or outline of their position (completed by the Mgt Officer) and Functional Abilities Report (FAF). Mgt. Officer also provides an immediate written offer of modified work. The accommodation process requires the involvement and co-operation of the employee requesting accommodation and their union, if applicable. The University assigns each accommodation on an individual basis, based on medical documentation, with the goal of developing an individualized accommodation plan to enable the employee to perform at least the essential requirements of their job. A new job cannot be created based on a medical accommodation need In the event that the FAR is unclear or inconsistent, it is at the discretion of HR to consider sending an employee for a third party assessment to assist in determining the need for a medical accommodation. This assessment is arranged at the employer s expense. If the third party assessment provides support for the medical accommodation, specific details of the accommodation will be determined at this time. In cases where lost time/sick time has incurred, the employee must submit regular updates to HR and their Mgt Officer. Once employee has capability for return to modified work / transitional duties, the Return to Work process is initiated. The process of contacting the employee must be documented on the Injured Employee Follow-up Form Employee obtains FAR from medical professional and provides to HSO. HSO reviews and compares to job requirements and works with supervisor to develop transitional plan offer.** If transitional/modified work is required, the FAR is compared to the PDA and a Transitional Return to Work Plan (TRTWP) is developed based on the functional abilities of the employee. The RTW transition is agreed to by all parties based on the medical documentation received, the nature of the work related compared to the capabilities and limitations and the University's ability to accommodate to the point of undue hardship. The TRTWP will outline duties to be performed and duration. In the event that additional FAR and/or a third party assessment does not support the request for a medical accommodation, a meeting will take place to discuss the decision at the employee s request. RTW meeting is held with the employee, HSO, supervisor, and union representative (if applicable) to review the TRTWP. All appropriate parties shall sign off on TRTWP. The University will request updated functional abilities at the appropriate intervals, determined on a case by case basis. The individual in receipt of accommodation is also to provide updated functional abilities information where there is a change in their prognosis. If the functional abilities change and the modified work assignment changes, a return to work meeting with all parties shall occur and a new Transitional Return to Work Plan will be completed. All parties will sign off on the plan and a copy is sent to WSIB (if applicable). RTW meeting including all parties held on regular basis to: 1. Check in on progress, 2. Review any updates 3. Review next steps The meetings will occur until the employee is cleared to return to regular duties *When an employee has an injury or illness that precludes them from fulfilling the essential duties of their job, or cannot meet bona fide and reasonable occupational requirements, whether temporary or permanent, the University shall accommodate the employee appropriately to the point of undue hardship **The medical professional does not determine how the accommodation will take place, only states what capabilities and limitations are.