Corporate Safety Manual - CityConnectCorporate Safety Manual Chapter 7 Return to Work Guidelines Last updated: April 2015 . ... compensate for an absent injured Employee are reduced

Corporate Safety Manual

Chapter 7

Return to Work Guidelines

Last updated: April 2015


Workplace Health and Safety Branch 7 - 1

Chapter 7: Return to Work Guidelines

Purpose ........................................................................................7-3 Definitions.....................................................................................7-3 Goals and Objectives ...................................................................7-4 Benefits of Early Return to Work ..................................................7-4 Guidelines ....................................................................................7-5 Roles and Responsibilities ...........................................................7-6 Workplace Injury (WCB) Flow Chart...........................................7-11 Workplace Injury/Illness Management Process ..........................7-12 Personal Injury / Illness (Not Work Related) Flow Chart.............7-13 Personal Injury / Illness (Not Work Related) Process ................7-14 The Return to Work Process Ends When...................................7-15 Return to Work Outline ...............................................................7-16 Appendix “A” – The Duty to Reasonably Accommodate,

Saskatchewan Human Right Commission..........7-18 Appendix “B” – Employee Consent Form ...................................7-20 Appendix “C” – Script for Referral to the

Return to Work Program.....................................7-21

City of Regina Safety Manual

7 - 2 Workplace Health and Safety Branch



PURPOSE

The Return to Work Guidelines establishes a process for minimizing the impact of an illness or injury on the individual’s capacity to participate constructively in the work environment. This program is established to help Employees successfully return to work. It also fulfills the City of Regina’s duty to accommodate Employees who have suffered illness or injury, work-related or non work-related which limits them from performing their assigned work duties. DEFINITIONS

Return to Work The process of an Employee returning to work, which may include supportive devices or equipment, physical modifications to the work environment, modifications to the job duties and/or modifications to the shift schedule, to enable individuals to perform the essential duties of the job. Modified Work Any change in the duties that make up the job; may involve changes to the hours and days of work, physical changes to work area, changes in the equipment used or re-organization or elimination of duties or tasks. Alternate Work Work made available on an ongoing basis when an Employee is not able to return to their previous illness/injury work position. Graduated Return-to-Work Involves flexibility in hours and/or duties, slowly increasing in frequency and duration until the full job can be performed. Functional Capacity Evaluation / Functional Abilities Evaluation An assessment of the physical and cognitive abilities of an injured or ill Employee usually conducted by a Kinesiologist, Occupational Therapist or Physiotherapist. Physical Job Demands Analysis An analysis of a specific job to describe and quantify the actual physical, administrative and operational demands of the work, generally conducted by a Kinesiologist or Occupational Therapist.



Psychological Assessment An evaluation of an Employee for the presence of a broad range of common psychological conditions. Medical Certificate – Employee Absence from Work Form This confidential form is used to confirm an Employee’s absence from work as required under the provisions of the Collective Bargaining Agreements or when Employee is off work due to injury, illness or surgery that may require accommodation. GOALS / OBJECTIVES 1. To provide consistent and proactive assistance for injured or ill Employees.

The focus is on ability rather than on injury, illness or disability. 2. To provide a safe return to regular, modified, or transitional work duties for

injured or ill Employees, ensuring the work is meaningful and productive. 3. To provide assistance as early as possible that will help reduce the feelings of

isolation from the work environment and maintain self respect by remaining productive.

4. To provide a supportive work environment for Employees returning to work

after illness or injury. 5. To coordinate the ongoing rehabilitation process and/or vocational services in a

timely and effective manner. 6. To encourage good communication among all the parties with an

understanding of each other’s roles and responsibilities. 7. To ensure statutory compliance, i.e. “Duty to Accommodate” or any other

relevant legislation (see Appendix A). The Return to Work Guidelines may provide opportunities that exceed legislative requirements.

BENEFITS OF EARLY RETURN TO WORK Studies show that Employees, who are supported with a Return to Work Program as soon as possible following an illness or injury, recover faster than those who remain off work longer. This is because work becomes a part of medical treatment and rehabilitation and allows the Employee to take an active role in his or her recovery.



Benefits to the Employer: 1. Medical and disability costs are reduced and recovery time shortened 2. Productivity is maintained and human resources are used to the maximum

extent. 3. Injured or ill Employees continue to contribute to the organization 4. Communication and relationships between Employees and Management are

enhanced based on the commitment by all parties 5. The degree to which Co-workers are required to perform additional duties to

compensate for an absent injured Employee are reduced or eliminated Benefits to the Employee:

Recovery time is shortened Injured Employees remain active and productive Permanent disability associated with injury is reduced Concerns about continued employment are resolved Injured Employee and their families experience fewer disruptions to their lives Loss of physical fitness and muscle tone due to inactivity is reduced Injured Employee maintains contact with, and support, from co-workers and

friends Injured Employee maintains job skills Overall wellness is promoted Family and social lifestyles are maintained Reduced accident and injury related costs may help preserve benefits and

jobs as well as contribute to improved work environment GUIDELINES

POTENTIAL RETURN TO WORK (RTW) SITUATIONS IN ORDER OF PRIORITY

The Employee is able to return to the pre-disability job with no limitations. The Employee is able to return to the pre-disability job with temporary

modifications, but gradually returns to the pre-disability duties. The Employee is able to return to the pre-disability job with permanent

modified duties. The Employee is not able to return to the pre-disability job, but can return to

alternate work. The Employee is not able to return to regular, modified or alternate work.



ROLES AND RESPONSIBILITIES

Preamble These Return to Work Guidelines are based on a model that focuses on centralized coordination, with distributed delivery. There are several potential partners in the Return to Work Program: the Employee (who requires disability assistance services), Healthcare providers (the Family Physician, Physiotherapist, Chiropractor, Occupational Therapist, Medical Specialist, psychologist), the Return to Work team, Human Resources Representative – Employee Health and Wellness, Client Service and Labour Relations, Director, Manager and Supervisor, the Unions, Employee and Family Assistance Program, and the Workers’ Compensation Board. Role of the Employee

If it is a Workplace Injury, ensure that all proper documentation, the Workplace Injury Report Form has been filled out with their Supervisor or Manager. If medical attention is required the Employee must provide a completed City of Regina Medical Certificate Form before they can return to work. If the Employee is returning the same day or the start of the next shift the Medical Certificate should be presented to their Supervisor or Manager. If it is expected that the Employee will be off for longer than five days Local 21, Local 7 and CMM, 4 days for Local 181and ATU 588 or requires a Return to Work Plan, the Supervisor or Manager will inform the Human Resources Representative - Employee Health and Wellness. If it is anticipated that no Return to Work Plan is required the Employee will provide the Supervisor or Manager with the Medical Certificate and the Supervisor or Manager will inform the Human Resources Representative - Employee Health and Wellness.

Report all health-related absences to their Supervisor or Manager indicating nature of illness and anticipated length of absence from work. Provide supporting medical information to Human Resources Representative - Employee Health and Wellness for any absence of four or five days as applicable if a Return to Work Plan is required.

The Employee must initiate contact with the Human Resources Representative - Employee Health and Wellness to correspond with the Employee’s Healthcare provider.

Provide consent if requested for the Human Resources Representative - Employee Health and Wellness to correspond with the Employee’s Healthcare provider(s).

If applicable attend therapies, treatments, and rehabilitation programs as recommended and offered by the various Healthcare providers.

If unable to return to the pre-disability job, work with the Supervisor, Manager, the Union, Human Resources Representative - Employee Health and Wellness and relevant parties to seek opportunities for modified or alternate work.



Maintain contact with Supervisor or Manager and Human Resources Representative - Employee Health and Wellness throughout the injury or illness and provide updated medical information to the Human Resources Representative - Employee Health and Wellness as required.

If necessary, apply for alternate work, if deemed by a Medical Practitioner that there has been a change in the Employee’s mental and physical capabilities which matches with Employee’s current abilities and job qualifications.

Maintain confidentiality throughout the entire process.

Role of the Employer Executive Directors / Directors

Responsible for departmental commitment to the Return to Work Program. Support the Manager, Supervisor and Employee’s training and roles and

responsibilities to support the Return to Work Program. Maintain confidentiality throughout the entire process.

Manager / Supervisor

Manage in consultation the Return to Work Program and follow the

established processes. Ensures Employees know when and how to report illness or injury. If an Employee is expected to be absent for four or five days as applicable

by their CBA and a Return to Work Plan is anticipated, the Supervisor or Manager will ensure the Employee provides a Medical Certificate, and notifies the Human Resources Representative - Employee Health and Wellness that the Employee is off work.

Maintain regular contact with the Employee and, where possible, offer assistance throughout the process.

Actively search for alternate work and/or return to work options within Branch, Department, Division or the Organization.

Leads and attends return to work meetings to coordinate and plan the Return to Work Placement.

Inform co-workers in advance of an Employee entering into a Return to Work Program, and outline the Employee’s workplace duties.

Encourage co-workers’ support. Discuss problems associated with the Employee’s Return to Work with the

Human Resources Representative - Employee Health and Wellness. Maintain confidentiality throughout the entire process.

Human Resources Representative - Employee Health and Wellness

The Human Resources Representative - Employee Health and Wellness coordinates the Return to Work Program. This involves being the principle, liaison, and communicator between the Employee’s Supervisor and Manager,



the Healthcare providers, the Departmental Human Resource Consultant and the Union.

Human Resources Representative - Employee Health and Wellness, makes recommendations with the Supervisor, Manager and Human Resource Consultant assigned to the Branch to determine which medical resources should be considered for the Employee’s return to work plan.

Human Resources Representative - Employee Health and Wellness keeps the Supervisor and Manager appraised of the Employee’s medical progress and anticipated Return to Work while the Employee is absent.

Human Resources Representative - Employee Health and Wellness takes a lead role in working collaboratively with the Employee, Healthcare provider, Supervisor and Manager to ensure the employee is able to safely Return to Work.

Human Resources Representative - Employee Health and Wellness receives reviews and ensures that sufficient and proper medical information is received and follows up with referrals to ensure second opinions are obtained when requested or deemed necessary.

As a contact for medical information the Human Resources Representative - Employee Health and Wellness shall maintain all information received in strict confidence.

If the Employee is unable to return to the pre-disability work, the Human Resources Representative - Employee Health and Wellness notifies the Manager or Supervisor. If alternate or modified work can be found, the Human Resources Representative - Employee Health and Wellness, in conjunction with the Healthcare Provider, will assess the suitability of the work available to ensure it meets with the Employee’s abilities or restrictions.

Maintain confidentiality throughout the entire process. Client Services and Labour Relations Branch

The Labour Relations Branch provides support to the Human Resources Representative - Employee Health and Wellness, Manager, Supervisor and Directors on return to work issues. It offers advice and communicates the latest Return to Work trends evolving through the courts and tribunals and if necessary, will attempt to negotiate return to work agreements with the Unions.

Workplace Health and Safety Branch

Will provide training, support, resources and guidance to the Corporation on a continual basis. It will review the Return to Work Guidelines in conjunction with all stakeholders to ensure the guidelines’ effectiveness. It will make recommendations to improve the guidelines and introduce the latest industry trends.

The Human Resources Consultant – Workplace Health and Safety will provide support and assistance to their portfolio’s respective Departments or



Branches and the Human Resources Representative - Employee Health and Wellness whenever possible.

Maintain confidentiality throughout the entire process.

Unions Understand, support and participate when required in the Return to Work

Program. Maintain confidentiality throughout the entire process.

Role of the Health Care Provider General Practitioner

Manage, monitor and assist with the Employee’s rehabilitation process from a

medical perspective. Determine when the Employee is physically ready to return to work, including

restrictions, conditions, limitations and recommendations regarding the Return to Work Guidelines.

When appropriate, support alternate work opportunities or transitional work arrangements proposed for the injured or ill Employee.

Medical Specialists

Assess patients for diagnosis. If required, make recommendations and provide medical interventions. When appropriate, support work accommodations or transitional work

arrangements proposed for the injured or ill Employee. When necessary, a second opinion may be required from a third party

physician upon the City’s request. Work with the Employee’s physician to determine when Employee is

physically and cognitively ready to return to work and establish parameters regarding the return to work process.

Other Health Care Providers, such as but not limited to; Physiotherapists, Chiropractors, Occupational Therapists & Kinesiologists.

Provide “hands on” care and treatment to individuals to assist in recovery.

Occupational Therapist

Perform work site assessments and make ergonomic recommendations to

ensure the work site is appropriate for the Employee returning from an injury or illness.

Recommend parameters for Graduated Return to Work Program or accommodation requirements.



If necessary, perform worksite assessments to determine if the physical demands of the job match the abilities of the employee.

Other Resources to Assist with Return-to-Work

Employee and Family Assistance Program (EFAP) – is an assistance plan offering confidential, professional counselling services to help Employees and their dependents deal with problems. The program can help prevent everyday problems from turning into crisis at home and at work. Managers will make Employees aware of the City of Regina, Employee Family Assistance Program.

Workers’ Compensation Board (WCB) – is a program available to

Employees when an injury or illness occurs at work. It is the Employee’s responsibility to report the accident to their Supervisor or Manager and complete the appropriate forms and submit them on the same day of the injury or illness. Supports may be put in place to assist the Employee with return to work, depending on the Employee’s restrictions and the work available.



Workplace Injury (WCB) Return to Work Program Flow-Chart

If an Employee is injured on the job (regardless of severity) they shall immediately (or as soon as possible) notify their Manager or Supervisor and complete the Workplace Injury Report (within 24 hours). It is then the responsibility of the Manager or Supervisor to complete their portion of the Workplace Injury Report and forward to Human Resources – Workplace Health and Safety Branch. If the Employee requires medical attention (not including basic first aid) or will be absent from work, the Employee must consult with their Physician, have them complete the City of Regina Medical Certificate / Employee Absence from Work Form and then submit to the Human Resources – Healthy Workplace Branch (within 24 hours) Once the Human Resources – Workplace Health and Safety Branch receives the Workplace Injury Report and the Employee’s Medical Certificate / Employee Absence of Work Form, the Human Resources – Workplace Health and Safety Branch submits the Employer’s Initial Report of Injury (E1) Form to WCB. This process must be completed within 5 days of the report of injury. The Employee must then contact with the Human Resources Representative - Employee Health and Wellness within 24 hours, as part of the duty to assist with the return to work process. The Human Resources Representative - Employee Health and Wellness will outline the services of the Return to Work Guidelines and may request consent to consult with the Employee’s Healthcare provider. The Human Resources Representative - Employee Health and Wellness will communicate with WCB as necessary to discuss the Employee’s abilities. WCB will outline any and all restrictions, limitations and conditions and when the Employee will be able to participate in the Return to Work Program

Under normal circumstances, if the Employee is not forthcoming with the medical information required, the City of Regina’s duty to accommodate ends and this will affect continuation of benefits.

If additional supports are required, the Human Resources Representative - Employee Health and Wellness will collect additional workplace information.

The Return to Work Plan is developed with support from WCB, the Health Care Provider, Human Resources Representative - Employee Health and Wellness, Manager/Supervisor and Employee. The Employee Health and Wellness Representative will follow up with the Employee and Supervisor to ensure the return to work is progressing as planned.



Workplace Injury or Illness Management Process 1. Employee’s MUST report ALL injuries/illnesses immediately to their front line (direct)

Supervisor.

2. The Manager or Supervisor and the Employee must COMPLETE the WIR report form together and sign. If the Employee is unable to complete the WIR due to the injury/illness, the Supervisor will complete the WIR.

3. A faxed or scanned copy of the first page of the WIR must be received by Human Resources – Workplace Health and Safety Branch (Fax 777-6825) within 24 hours of the injury/illness occurrence.

4. The entire WIR must be completed and signed as soon as reasonably possible by the

Employee, Supervisor, Manager and the assigned Human Resources Consultant – Workplace Health and Safety Branch and white copies sent to Human Resources – Workplace Health and Safety Branch.

5. TIME LOSS and MEDICAL AID injuries are to be reported by the Supervisor and

Employee to the Human Resources Representative – Employee Health and Wellness within 24 hours of the injury/illness occurrence.

6. The Employee is required to have a City of Regina Medical Certificate – Employee

Absence from Work Form completed by their Healthcare provider and submitted to their Manager/Supervisor within 24 hours for:

Time Loss Injuries: Injuries/illnesses where Employees are unable to

continue with their duties on the first full shift after the occurrence.

Medical Aid: Medical attention provided by a licensed practitioner (ie Physician, Physiotherapist, Chiropractor, etc) but the employee is able to continue working.

7. The Manager/Supervisor must submit the provided City of Regina Medical Certificate –

Employee Absence from Work Form to the Human Resources Representative – Employee Health and Wellness, within 48 hours of the injury/illness.

8. The Employee MUST participate in any treatment as prescribed by the Healthcare Provider and is responsible for scheduling and attending his/her treatment.

9. The Employee, Supervisor and Human Resources Representative – Employee Health

and Wellness, are to continue communication through the Employee’s recovery period and eventual return to regular duties.



Personal Injury or Illness (Not Work Related)

If an Employee is expected to be absent from work for four or five days as applicable in their CBA or more they shall notify their Manager or Supervisor as soon as possible. It is the responsibility of the Manager or Supervisor to advise the Employee that they have been referred to and will participate in the Return to Work Guidelines, if required. The Manager or Supervisor shall then notify the Human Resources Representative - Employee Health & Wellness that Employee has been or will be off work for four or five days or more. The Employee will contact the Human Resources Representative - Employee Health and Wellness within 24 hours of the Supervisor Notification, as part of the duty to assist with the return to work process and shall provide a completed Medical Certificate / Employee Absence from Work Form, in a timely manner to the Human Resources Representative - Employee Health and Wellness . The Human Resources Representative - Employee Health and Wellness will outline the services of the Return to Work Guidelines and may requests consent to consult with the Employee’s Healthcare provider. The Human Resources Representative - Employee Health and Wellness will receive the medical forms and may consult (with consent) with the Healthcare provider as necessary to discuss Employee’s abilities. The Healthcare provider will outline any and all restrictions, limitations and conditions and will participate when in the Return to Work Guidelines when able.

Under normal circumstances, if the Employee is not forthcoming with the medical information required, the City of Regina’s duty to accommodate ends and this will affect continuation of benefits.

If additional supports are required, the Human Resources Representative - Employee Health and Wellness will coordinate workplace assessments, functional capacity evaluations, etc.

The return to work plan is developed with support from the Healthcare provider, The Human Resources Representative - Employee Health and Wellness, Supervisor and Employee. The Human Resources Representative - Employee Health and Wellness will follow up with the Employee and Supervisor to ensure the return to work is progressing as planned.



Personal Injury or Illness (Not-work related) Management Process

1. If an Employee is expected to be away from work for greater than four or five

days as applicable in their CBA, they shall provide a completed Medical Certificate – Employee Absence from Work Form to their Supervisor within 24 hours of the sixth absence.

2. The Manager or Supervisor will inform the Employee that they have been

referred to the Human Resources Representative - Employee Health and Wellness if further follow-up is required.

3. The Manager or Supervisor will then forward the Medical Certificate to the Human Resources Representative - Employee Health and Wellness to discuss the Employee’s health status.

4. The Manager or Supervisor notifies the Human Resources Representative -

Employee Health and Wellness to advise that the Employee has been referred. 5. The Employee is required to contact the Human Resources Representative -

Employee Health and Wellness within 24 hours of being referred and will take next steps to complete medical verification forms and documents.

6. If applicable the Human Resources Representative - Employee Health and

Wellness will review the services of the Return to Work Guidelines with the Employee and may request consent to consult with the Employee’s Healthcare provider. (see Appendix B).

7. The Human Resources Representative - Employee Health and Wellness:

a. Communicates with the Manager or Supervisor to obtain a physical/cognitive demands analysis of the Employee’s pre-disability job.

b. As necessary communicates (with consent) with the Employee’s Healthcare provider to determine a prognosis and to discuss possible rehabilitation strategies.

8. The Human Resources Representative - Employee Health and Wellness follows

the Employee’s progress throughout the rehabilitation process and updates the Manager/Supervisor on the Employee’s progress and expected return to work date.

9. When the Healthcare provider has determined that the Employee is medically fit

to return to work, the Human Resources Representative - Employee Health and Wellness, in conjunction with the Manager/Supervisor, and the Employee, develop a Return to Work Plan.



10. The Return to Work Plan will be discussed with the Manager, Supervisor, Employee and the Union (if necessary) to ensure all parties understand the process.

11. The Human Resources Representative - Employee Health and Wellness will

follow-up with the Employee, Manager and Supervisor to ensure the return to work is progressing as planned.

12. If, for any medical reasons, any changes to the accommodation are required, the

Manager or Supervisor will notify the Human Resources Representative - Employee Health and Wellness.

The Return to Work Process Ends When:

The Employee is placed into the most suitable work at the time that meets with medical information provided, or the City has reached the point of undue hardship.

Examples: The Employee is able to return to the pre-disability job with no limitations. The Employee is able to return to the pre-disability job with temporary

modifications (i.e. graduated hours, reduced workload, etc.) and gradually returns to their pre-disability duties.

The Employee is able to return to the pre-disability job with permanent modified duties.

The Employee is not able to return to the pre-disability job, but can work on a modified basis in suitable work that is required by the City.

The Employee is not able to return to the pre-disability position, modified or alternate work. At this point, the Employee’s medical situation is considered prolonged and severe. If at some point the Employee’s prognosis is favourable for return to work, then the medical information will direct how the Return to Work Program may proceed.

However, the Employee may seek alternate work beyond the suitable work opportunities through the regular posting process.



RETURN TO WORK OUTLINE Returning the Employee to Work in Their Own Position The Human Resources Representative - Employee Health and Wellness meets with the Employee, Supervisor and Manager prior to the return to work date to work through the details. The return to work plan will include:

The specific job functions to be performed Whether there are any modifications required to support the return to

work process (graduated hours, technical aids, modified duties, etc.) Specific time frames for the return to work and review process Periodic meetings between the Employee, Supervisor and the Human

Resources Representative - Employee Health and Wellness to track progress and address concerns

A transfer of follow-up responsibility from the Human Resources Representative - Employee Health and Wellness to the Manager or Supervisor once the natural work supports are in place

The Human Resources Representative - Employee Health and Wellness can be called upon at any time as a resource if concerns arise or ongoing support is required for the Employee, Supervisor or Manager.

Returning the Employee to Alternate Work It has been determined that the Employee cannot return to their pre-disability position and they have provided medical information outlining their abilities and limitations. The Return to Work Plan must be clear and include:

The skills and abilities of the Employee to assist the Human Resources Representative - Employee Health and Wellness with finding an appropriate job match

The opportunity for the Employee to meet with the new Manager and Supervisor prior to beginning alternate work to ensure that their skills and abilities meet with the requirements of the job.

The specifics of the job and the Return to Work opportunities put in place via a ‘Letter of Accommodation’, written by the Human Resources Representative - Employee Health and Wellness.

Periodic meetings between the Employee, Supervisor and Manager and the Human Resources Representative - Employee Health and Wellness to track progress and address concerns.

A transfer of follow-up responsibility from the Human Resources Representative - Employee Health and Wellness to the Manager and Supervisor once the natural work supports are in place.

The Human Resources Representative - Employee Health and Wellness can be called upon at any time as a resource if concerns arise pertaining to the Return to



Work opportunity, or ongoing support is required for either the employee or supervisor.

As part of this program all stakeholders will work to develop a job bank that will identify valuable work opportunities for Return to Work within each branch and division. The work identified in the job bank may also be considered for opportunities across-jurisdictional boundaries to accommodate Employees who may not be able to return to their pre-disability position.

APPENDIX

A. The Duty of Accommodate: Saskatchewan Human Rights Commission, February, 2005

B. Employee Consent Form

C. Script for Referral to the Return to Work Program



APPENDIX “A” The Duty to Reasonably Accommodate - Saskatchewan Human Rights Commission - Bill Rafoss, February 2005

Human Rights inquiries and the Canadian courts have determined that employers and unions have a duty to accommodate those individuals whose characteristics are protected under human rights legislation, unless doing so results in an undue hardship. The following summarizes those principles:

Employers Duty to Accommodate

1) EMPLOYERS have a duty to reasonably accommodate characteristics identified in The Saskatchewan Human Rights Code unless doing so creates an undue hardship on the employer.

This duty applies to disabilities, family status, ancestry, religion and other categories identified in the Code.

The courts have said the employer must show it is “impossible to accommodate”.

2) The Saskatchewan Employment Act defines accommodation as: “modifying the duties or reassigning the employee”

3) Accommodations might include: Granting a leave of absence, gradual return to work, altering work

conditions, approving a transfer to another job, re-arranging shifts, or bundling meaningful job duties in order to allow the employee to continue working.

The courts have said the possibilities are endless and vary according to circumstances.

Engaging in a process of trial and error is key. 4) Employers may satisfy themselves that an employee is physically or

mentally capable of carrying out the job functions they have been assigned. This could include asking for necessary medical information or a functional assessment. The employer is only entitled to know the obstacles to employment and not a specific diagnosis. Medical information should be kept on a separate file. The employer can pay the level of wage according to the work being performed.

5) Discrimination can be direct and intentional; it may also be indirect and unintentional. Seemingly neutral job requirements such as fitness tests or height/weight requirements may also be challenged on the basis that they result in discrimination against one of the identified groups. Accommodation is required here as well.

6) This duty extends to the point of ‘undue hardship’. Undue hardship is generally defined as an unbearable financial cost or a disruption to business, or an interference with the rights of others. The size of the employer’s operation or labour pool may be taken into account, as well as safety considerations.



The Employee’s Duty to Assist 7) EMPLOYEES have a right to “reasonable” accommodation. They also have

responsibilities. They have an obligation to inform an employer of their need for

accommodation, where possible and practical, and to assist in securing an appropriate accommodation. The employee should not turn down any reasonable proposal for accommodation that is offered.

Accommodation may be a continuum of measures and not a perfect or final solution first.

8) The employee may be obligated to provide necessary detailed medical or other information where they are making a request for accommodation. This could include undertaking a functional assessment. Employees must co-operate with rehabilitation efforts and should work within medical restrictions.

9) The employee must accept the rate of pay for the type of work performed. 10) An employee will likely not be able to displace another employee to achieve

accommodation. The Union’s Duty to Assist

11) UNIONS must assist in the accommodation process wherever possible.

This means fairly representing disabled workers or others seeking accommodation, as well as the larger bargaining unit.

12) Simply having a collective bargaining agreement in place, does not negate the duty to accommodate. The agreement may have to be altered to effect an accommodation. The duty may also impose certain costs on the union.

13) A union may be party to a complaint if it agrees to discriminatory conditions within a collective agreement or if it agrees with a discriminatory interpretation of the contract.

14) The duty to accommodate may go against seniority if the seniority system itself results in discrimination. Cross-unit transfers with seniority may be a form of reasonable accommodation.

15) The union must demonstrate the extent to which it undertook reasonable and significant efforts to reach a compromise or agreement to accommodate the individual’s needs. Documentation of these efforts is important. Process is key.

For further information contact: The Saskatchewan Human Rights Commission 1-800-667-9249



APPENDIX “B”

EMPLOYEE CONSENT FORM

The City of Regina is dedicated to assisting employees in rehabilitating from the effects of injury or illness. In order for the City of Regina to assist you with any proactive rehabilitation and/or Return to Work Plans, we need to ask your health care provider or your Workers’ Compensation Board Customer Service Representative for medical information. The City’s Employee Health and Wellness Representative will keep this medical information in strict confidence. The medical information we request is specific to your functional (work) capabilities AUTHORIZATION TO RELEASE FUNCTIONAL (WORK) ABILITY INFORMATION: This authorization is provided on the basis that the City of Regina keep all information strictly confidential. I authorize my Employee’s name

Physical/Health Care Provider____________________________________ Physician’s/Health Care Provider’s name

and/or my WCB Case Manager____________________________________

WCB Case Manager’s Name

to release functional (work) ability information exclusively to the City’s Human Resource Employee Health and Wellness Representative or Medical Consultant. This information will only be used to help assist in the development of a proactive rehabilitation and/or return-to-work plan for me. I further authorize the City of Regina, Human Resource Employee Health & Wellness Representative to release/disclose pertinent medical/employee information to applicable Medical/Healthcare Providers for the purposes of identifying additional treatment, rehabilitation and/or assessment or if applicable, to the Employee Rehabilitation Officer / Great West Life, for Long Term Disability processing. ___________ Employee’s Signature Witness Date

Note: this authorization shall be valid for one year from the date of signature, or until the employee returns to work with no restrictions. This consent can be withdrawn in writing by the employee at any time.

A photocopy or fax of this authorization is valid as the original.



APPENDIX “C” Script for Referral to the Return to Work Program Possible Script for Managers or Supervisors when Referring Employees to the Return to Work Program: Hello employee’s name, to date we have received sufficient medical information to assist with your Return to Work. I am referring you to the Human Resources Representative - Employee Health and Wellness to facilitate this process. The Return to Work Guidelines provides support for Employees to safely and productively return to work by working with you, your Healthcare provider and me, your Manager or Supervisor. The Return to Work Guidelines also fulfills the City of Regina’s duty to accommodate injured or ill Employees. Please contact the Human Resources Representative - Employee Health and Wellness (use name) at 306 XXX-XXXX to set a time to discuss the supports the Return to Work Guidelines can provide. I will follow-up with the Human Resources Representative - Employee Health and Wellness (use name) to ensure you have made contact.

Documents

Corporate Safety Manual - CityConnectCorporate Safety Manual Chapter 7 Return to Work Guidelines Last updated: April 2015 . ... compensate for an absent injured Employee are reduced