Module 10: Hazardous Occurrences

Accidents are preventable, but they do happen!

The purpose of Part II of the Canada Labour Code is to prevent accidents and injury to health arising out of, linked with or occurring in the course of employment.

In this module, you will gain an understanding of the various types of hazardous occurrences, as well as the reporting and recording requirements in the event of a workplace accident, injury or illness. All occurrences must be investigated by the employer with the participation of the workplace occupational health and safety (OHS) committee or the health and safety representative. The purpose of the investigation is to determine the root cause and not to place blame. Both employees and employers have an important role to play. They are encouraged to work together to identify hazards and corrective measures to prevent a recurrence.

By Natural Resources Canada

Topics include:

• What is a hazardous occurrence?
• What should I do if I get injured or ill at work?
• Injury-on-duty leave
• As an employee, what am I expected to do?
• If your usual workplace is in Ontario
• If your usual workplace is in Quebec
• If your usual workplace is in another province or territory
• Quiz: 4 questions
• Going further than that…

Module 10: Hazardous Occurrences

You are responsible for reporting, as quickly as possible, to your manager or supervisor all hazardous occurrences (accidents, injuries, illness) that have caused or are likely to cause injury to you or to any other person.

What is a hazardous occurrence?

A hazardous occurrence is a work-related incident or injury (an undesired event that results in harm to people, damage to property or loss to a process) or a near miss (a potential hazardous occurrence).

Injuries are categorized as follows.

• First aid
  
  A workplace injury or occupational disease for which immediate first aid treatment is required and provided without any medical treatment or emergency procedures. All first aid treatment must be recorded in the first aid logbook.
  
  
• Minor injury
  
  An employment injury or an occupational disease for which professional medical treatment is provided to an employee, but which does not result in losing time from work as a result of the injury beyond the day of the injury.
  
  
• Disabling injury
  
  An employment injury or an occupational disease that:
  1. Prevents an employee from reporting for work or from effectively performing all the duties connected with the employee’s regular work on any day subsequent to the day on which the injury or disease occurred, whether or not that subsequent day is a working day for that employee;
  2. Results in the loss by an employee of a body member or part thereof or in the complete loss of the usefulness of a body member or part thereof; or
  3. Results in the permanent impairment of a body function of an employee.
     
     
• Near miss
  
  An incident that could have resulted in, but did not result in, personal injury, illness, or damage to property, equipment or materials. It is important to report near misses, as your supervisor will investigate the circumstances as to why the near miss occurred and address the circumstances so that they do not result in a hazardous occurrence or injury.

You must report any of the above to your supervisor, and you should become familiar with the internal procedures and requirements regarding hazardous occurrence investigations within your department.[1]

What should I do if I get injured or ill at work?

Whenever you are injured or become ill at work, you must, where possible, report to a first aid attendant for treatment. Although your supervisor should ensure that you know the name and contact information for any first aid attendants that work with you, you are encouraged to take the necessary steps to find out where this information is posted in your workplace. If you become injured or ill at work, you must report your injury or illness to your manager or supervisor as soon as possible. Your supervisor is responsible for ensuring that you receive the appropriate care.

If you work in the field or alone, certain measures may be required to assist you in the event of an injury or sudden illness. Your manager or supervisor can advise you on what these measures are.

If you need to go to a doctor or to the hospital, your manager or supervisor is responsible for providing suitable transportation and an escort, if required. After ensuring that you receive the appropriate care, your supervisor must investigate the hazardous occurrence, take corrective action, where appropriate, and complete the appropriate documentation or forms. It is important to understand that when your supervisor conducts an investigation of the hazardous occurrence, it is to determine the root cause and what needs to be done to prevent the hazardous occurrence from happening again, not to assign blame.

If you do see a doctor or are missing from work as a result of your injury, you may be entitled to injury-on-duty leave, or workers’ compensation benefits.

The documentation or forms that your supervisor is responsible for completing include a Hazardous Occurrence Investigation Report and, if you are seeing a doctor or expect to lose time, a workers’ compensation board (WCB) injury report form for the province or territory where you are usually employed. At no time should you forward a workers’ compensation form directly to your provincial WCB. Doing so will only delay the processing of your claim.

When you see your doctor or any physician as a result of the injury, you must provide all relevant information to the attending physician (i.e., where and how the accident occurred). The physician will also complete a form, which will advise the WCB that you have been seen by a doctor and confirm any injury or illness. If you are required to see a physiotherapist or chiropractor, contact your regional WCB for a list of approved providers before being treated. The WCB will give you a claim number and the contact information for treating therapists. Approved providers will bill the WCB office directly. If you do not use one of the approved medical providers, the treatment may not be covered. At no time should the Public Service Health Care Plan cover any costs related to a workplace injury.

The WCB has the role of determining whether your injury will be considered a compensable workplace injury or illness. This means that the WCB will review all medical information and documentation to determine if you have an existing condition, or if what you are experiencing is the result of a workplace injury. Once the WCB has determined this, they will advise [insert your department’s name] on whether your claim is approved.

If your claim is approved: You will be notified in writing by the WCB. Your supervisor will be notified by their occupational health and safety advisor, and the WCB will pay for required medical treatment, which may include physician’s treatment, hospital and related services, rehabilitation services, travel to and from appointments, and medicine. The WCB will assign a case manager to the file, and you should keep your supervisor advised of the physician or therapist’s recommendations with regard to how much time you are expected to miss as a result of the injury. In addition, you should advise the WCB case manager and your supervisor immediately once your physician clears you to return to work.

If your claim is denied: You and your supervisor will be notified in writing by the WCB and given a specific period of time to appeal the decision. You must ensure that you keep your supervisor informed of any steps you will be taking with regard to your claim. The WCBs have programs to help employees appeal a decision.

Injury-on-duty leave

Government of Canada indeterminate employees and term employees (over 3 months) are entitled, under their collective agreement, to injury-on-duty leave (IODL) when injured at work. IODL is applied when a work-related disabling injury has been approved by the WCB. Injury-On-Duty Leave allows for leave up to 130 days (1,040 hours) per injury. Once an approval is received from the WCB, any sick leave used as a result of the injury up to the approval date will be reinstated and IODL will be applied. Any other leave utilization should be discussed with your supervisor. If you are an employee with another status, such as an employee on a term of 3 months or less, a casual employee or a student, you are not eligible for IODL or sick leave, and you may receive entitlements directly from your provincial WCB.

In cases involving extended periods of IODL, your manager or supervisor shall conduct a review of your claim, in consultation with the [insert your department’s branch responsible for this service] and the return-to-work coordinator, every 30 days to assess whether IODL should be continued or whether other options should be considered (e.g., the employee is placed on direct benefits or reintegrated into the workplace).

If you are not able to return to work before reaching the IODL limit, you will be temporarily struck off strength after 130 days or 1,040 hours and placed on direct benefits from the WCB. Direct benefits are a percentage of salary. The amount varies according to provincial WCB, and there is a salary cap that changes yearly. The WCB can advise regarding the applicable salary cap.

In order to continue receiving benefits from the WCB, you must follow all requirements established by the WCB (e.g., physiotherapy or medical appointments), maintain communication with the WCB case manager and ensure that all medical information is forwarded to the WCB. In addition, you must keep your supervisor informed of your status (i.e., estimated recovery time and return to work date).

When you are not able to return to work, and the WCB is no longer supporting your claim, you have the right to appeal the decision. WCBs have programs to help employees launch appeals.

If you decide to launch an appeal to the WCB, it is important to realize that appeal decisions will normally take an extended period of time.

During the period when a decision is being reviewed, you should discuss with your supervisor what your leave options are, including disability insurance benefits. If an appeal is successful, it is possible that you will be in an overpayment situation, either from the employer or from the insurance company (Sun Life, Industrial Alliance). Regardless of whether you have been overpaid, you should contact your supervisor immediately.

Note

At no time should you receive full pay from the employer, as well as direct benefits from the WCB. If at any time you receive both salary and direct benefits, contact your supervisor immediately.

As an employee, what am I expected to do?

1. Ensure that you have reported your workplace injury or illness to your supervisor, and that the appropriate documents or forms have been submitted to the workers’ compensation board (WCB).
2. Your supervisor must complete and sign the employer claim form from the WCB of the province or territory where you normally work.
3. Do not complete or send an employer claim form to a provincial or territorial WCB. The WCB will adjudicate your claim only after they have received authorization from the Employment and Social Development Canada (ESDC) claims operations services and their acknowledgment of receipt of the signed employer claim form. Only forms that are countersigned by ESDC and forwarded by that department can be received by the workers’ compensation authority, which will then allow or reject the claim.
4. To apply for income replacement measures and other benefits, you must report the incident to your manager as quickly as possible.
5. You must obtain a written confirmation from your doctor that you cannot report for duty or that you have received health care.

If your usual workplace is in Ontario

Ask your manager to complete and sign the Ontario Workplace Safety and Insurance Board (WSIB) Employer’s “Report of Injury/Disease Form 7”.

Indeterminate employees must take sick leave for days of work missed before the claim is approved. If or when the claim is approved, the sick leave used will be reimbursed and adjusted to paid injury-on-duty leave.

Employees with another status, such as term employees of 3 months or less, casual employees and students, may receive entitlements directly from the WSIB.

If your usual workplace is in Quebec

Ask your manager to complete and sign the “Avis de l’employeur et demande de remboursement“ form from the Committee on Standards, Equity, Health and Safety at Work (CNESST).

You must obtain a written confirmation from your doctor (e.g., the CNESST’s “attestation médicale” form) that you cannot report for duty or that you have received health care.

Indeterminate employees must take sick leave for the days of work missed before the claim is approved. If or when the claim is approved, the sick leave used will be reimbursed and adjusted to paid injury-on-duty leave.

Employees with another status, such as term employees of 3 months or less, casual employees and students, may receive entitlements directly from the CNESST.

If your absence from work extends beyond 14 calendar days or if you ask for reimbursement of health care expenses, complete and sign the CNESST’s “Worker’s Claim” form. In this situation, you can provide the completed form directly to your case manager at the CNESST.

If your usual workplace is in another province or territory

Ask your manager to complete and sign the claim form of the WCB of the province or territory where you normally work.

Indeterminate employees must take sick leave for the days of work missed before the claim is approved. If or when the claim is approved, the sick leave used will be reimbursed and adjusted to paid injury-on-duty leave.

Employees with another status, such as term employees of 3 months or less, casual employees and students, may receive entitlements directly from their provincial or territorial WCB.

Quiz – Module 10: Hazardous Occurrences

1. What is a hazardous occurrence?
   1. A work-related accident
   2. An undesired event that results in harm to people, damage to property or loss to a process
   3. A near miss
   4. All of the above
2. Why is it important to report near misses?
   1. To ensure that your supervisor is aware of the situation
   2. To ensure that nobody gets hurt
   3. To ensure that an investigation is conducted to determine the circumstances that caused the near miss, so that the same circumstances do not later cause an injury
   4. All of the above
3. When should injuries and illnesses be reported to your manager or supervisor?
   1. At the end of your shift
   2. Right away
   3. During your first break
   4. After you have received first aid or medical attention
4. What is the most important thing to remember when you are receiving workers’ compensation benefits?
   1. To ensure that you keep your supervisor informed at all times on the progress of the claim and your medical condition
   2. To ensure that you do not receive payment from both the worker’s compensation board and the department
   3. Both of the above

Module 10: Going further than that…

You are invited to enhance your skills and knowledge by consulting the following links.

Publications from the Labour Program:

• If you have an accident: What to do and how to do it
• If a work-related accident occurs…
• Accidents in the workplace: federal government employees

  

[1] In this training package, “department” is generally used to refer to federal departments and agencies.