HES - Fire Early and Safe Return To Work Purpose The purpose of this policy is to formalize the City of Hamilton's commitment to provide its Fire Service personnel with an Early and Safe Return to Work procedure. The Workplace Safety and Insurance Act clearly define the requirements of this policy.
Guiding Principles
The policy is guided by the following principles that underline the values of a successful modified
work program.
- Mutual respect
- Open communication
- Confidentiality
- Participation
- Co-operation
- Meaningful Work (Value Assessed Work)
- Work based on pre-injury job
- Provisions for the acquisition of the skills required to perform the tasks given.
- Modify the work, not the injured worker, if possible.
Hamilton Emergency Services, its personnel and the Hamilton Professional Firefighters Association, Local 288, are committed to returning staff to work as safely and quickly as possible, and to working towards preventing workplace accidents, industrial disease and exposures through safe work practices and by reducing workplace hazards where ever possible. All employees are responsible to work in a safe manner, identifying and reporting hazards and utilizing the proper procedures and safety equipment.
Procedures
- The employee shall report their injury or illness to the employer as per the City of Hamilton Policy and the Collective Agreement.
- The employee will be directed to consult with a Health Professional, as defined in the
Workplace Safety and Insurance Act, of their choice, as to the possibility of modified work. I
t shall be the responsibility of the employee to have the Health Professional complete a WSIB Functional Abilities Evaluation Form (FAF) and return this report to Corporate Health within 14 calendar days following the injuries. The Employer reserves the right to compel an employee to undergo an independent medical examination and/or an independent Funcitional Abilities Evaluation at the expense of the Employer.
- Upon receipt of the FAF report, the Fire Chief or their designate will contact the employee to afford them the opportunity of modified work, where appropriate. The Chief or their designate shall place the employee into the program. If conflicts occur, the committee will consider any limitations and provide suggestions as to specific possibilities of the modified work.
- A temporary modified work plan may be made on the Platoon shifts, (10 hour and 14 hour shifts), Communication shifts, (12 hours), Fire Prevention, (10 hours), or on Support Division shifts, (8 hours). Placement will be determined by the type of modified work required and available and the limitations supplied by the employee's Health Professional (through the FAE Form). Recommendations for placement will be made by the Modified Work Committee, with the final decision by the Chief or their designate. First consideration will be given to shift work provided there is appropriate skill sets and work available, and only when the employee is at full time hours with modified duties. Logistical considerations, may require that employees be placed on shifts other than their normal schedule. Committee members will be made aware of placements as soon as possible.
- Every effort will be made to update any missed training while the employee is on modified work. This would include, theory and practical training in accordance with any limitations. Participation may include inspections, tacticals, and public relations events with assigned crews.
- The employee may have their Health Professional review the specific modified work being offered to ensure that it is consistent with the physical restrictions and limitations. The Modified Work Committee will monitor all such modified work assignments to ensure that it remains appropriate for the employee. In the case of conflict between the employee and the employer, WSIB policy will be used as a guideline for resolution by way of a Return to Work Mediator. Occupational and non-occupational RTW and modified duties will be dealt with separately and on an individual basis.
- If the employee encounters difficulties in the performance of the assigned duties, he/she shall report their difficulties to his supervisor who will then make the necessary changes immediately, thus reducing any further chance of injury to the worker. The supervisor then must contact the Assistant Deputy responsible for administering the program, or their designate and an association committee member or executive as soon as possible. The Assistant Deputy or designate shall then notify the Employee Health & Wellness committee representative. The Modified Work Committee shall then review such difficulties and suggest changes to the duties where ever possible. If these duties cannot be adjusted, the employee shall consult with their Health Professional for their review, and if necessary, the employee will return in accordance with the Workplace Safety and Insurance Act, or sick leave policy.
- All efforts will be made to schedule health care appointments outside of modified work hours. The Chief or their designate may allow the employee to attend medical appointments during work hours under special circumstances. The Employee shall be allowed time-off for any approved medical health care under the Modified Work Program. Scheduling conflicts of medical and work must be discussed by the Modified Work Committee. Where resources are available, HES will provide transportation to an employee’s medical appointments during working hours. Where resources are unavailable, the employee will supply their own transportation and be reimbursed in keeping with department and corporate policy.
- Any costs for the completion of the corporate requisite forms shall be paid by the Employer. WSIB costs will be absorbed by the WSIB as per policy.
- The committee shall meet on an as required basis, but not less than every six months. If an employee is involved in the RTW program, a meeting shall be held each Friday or Wednesday at 0930hrs, as required.
- The participation of an employee in a modified work program shall not replace or displace any existing personnel.
- The Joint Modified Work Committee shall be formed of two representatives from Fire Administration, two representatives from Employee Health and Wellness, and two representatives from the Hamilton Professional Fire Fighters Association, as chosen by the Executive Committee. At least one member of all parties shall be present to discuss modified work duties. These members are to include: the Assistant Deputy or their designate, a representative from Employee Health and Wellness or designate, and a designate from the Hamilton Professional Firefighters Association, Local 288, WSIB committee or a Local 288 executive designate.
- This program may be used for non-occupational injuries as well. The modified program will be voluntary for non-occupational injuries.
Responsibilities Employer
- To establish and support ESRTW policy and programs
- To investigate all workplace injuries
- To accurately report all workplace injuries with the required time frames.
- To forward copies of all reported workplace injuries to the WSIB committee on a weekly basis.
- To maintain on-going communication with all workplace parties
- To make every reasonable effort to provide suitable employment within the worker's pre-injury work group.
- To ensure that all modified work offers are in writing.
- To report any material change to the WSIB within time limits in the Act.
- To ensure notification to the employee by phone, (if possible) and always in writing as per the WSIA. Notification shall be delivered by Canada Post or by Registered Mail.
Employee
- To participate in the ESRTW program as guided by the policy
- To maintain on-going communication with all workplace parties
- To provide a functional abilities form to the employer as per City of Hamilton Policy.
- To report any material change to the WSIB within policy guidelines.
- Follow dress code per department policy
- Follow department policy regarding Facial hair and grooming.
- To support this policy and guide its members accordingly.
- To aid its members in the ESRTW to the best of their abilities.
- Provide the members with the option to participate for non-occupational injury or illness.
Supervisor
- To be knowledgeable about this policy
- To support and participate in all applicable early and safe return to work initiatives
- To maintain regular communication with all workplace parties
- Ensure that the employee does not participate in non Departmental standard activities
WSIB Committee
- To support the Modified Work Policy
- To educate and communicate this policy to employees as required
- To inform management and the association of problems and possible revisions as the needs arise.
Definitions All definitions of terms and titles will be determined from the Workplace Safety and Insurance Act, and will include the City of Hamilton Policy on Return to Work for non-occupational injuries.
These include:
- Modified work program
- Modified work
- Suitable Work
- Appropriate alternative job
- Return to work Hierarchy,
- pre-injury job
- pre-injury job with accommodations
- comparable job
- appropriate alternative
- Labour market re-entry
- Material Change in Circumstance.
List to be attached as to the possible duties to be performed, duties will not be limited to attached list. Copy of the Corporate Policy to be also attached.
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