Attention OPSEU WSIB and Health and Safety Activists
OPSEU Members encouraged to participate in
Occupational Disease consultations across Ontario
The WSIB is inviting comments from the public at occupational disease consultations being held across Ontario in Sept. 2004. People are being invited to comment on the Occupational Disease Advisory Panel’s report, released in May 2004, which discusses how additional occupational diseases may be placed into schedules in the
Workplace Safety and Insurance Act; and how policies will be developed and decisions made for compensating occupational disease claims in the future.
The Occupational Disease Advisory Panel (ODAP), made up of representatives from labour and the employer community, medical and scientific experts, and WSIB representatives, met over a two-year period. However, eventually employer representatives walked away from the table, and reneged on agreements previously made.
Consequently, the Panel was unable to reach agreement on a final report and recommendations. As a result, the chair of the panel, Brock Smith, released his own report, with labour and employer opinions contained in two separate appendices. The full report, including the different positions taken by employer and union representatives is available at:
www.wsib.on.ca/wsib/wsibsite.nsf/public/PolicyOccupationalDiseaseConsultation
This consultation is an opportunity for workers to speak up about the exposures and workplace practices that make them ill, and the obstacles in the compensation system that prevent occupational illnesses from being compensated fairly and appropriately. For example, some occupational diseases are recognized in WSIB
schedules, ensuring compensation in most cases. But unfortunately, all but a handful of diseases recognized in Schedules 3 and 4 date back to the period immediately following World War II. Many illnesses now known to be associated with the workplace are not included. For those diseases not listed in either schedule, WSIB staff uses rigid internal policies which more
often than not, restrict entitlement under the current Workplace Safety and Insurance system.
Proving workplace causes for a particular disease is difficult for workers diagnosed long after exposure to the hazardous substances. The principle that science must absolutely prove the link between a particular workplace process or exposure and an illness means many workers suffer without ever receiving compensation.
Workers who are sick and unable to work simply do have access to expert medical or science resources which may link causation to the workplace.
During the reign of the not so sensible ‘Common Sense Revolution,’ the government abolished the independent Occupational Disease Panel (ODP), which investigated occupational diseases. Today, no specific body exists in Ontario to study new trends in occupational disease. OPSEU supports the creation of an independent body to
study and make recommendations to the WSIB on occupational diseases.
For employers, workers’ safety and compensation issues come down to money and productivity. Historically, employers have resisted investing in efforts to prevent workplace injuries and illness and have been reluctant to pay for a compensation system that recognizes claims from workers who do develop occupational illnesses.
Remember, workers gave up the right to sue their employer for workplace injury or illness in exchange for a fair workplace compensation system.
For our members, and all workers, preventing occupational illnesses and injuries is critical. But, when a worker does get sick because of the workplace, the WSIB should not only fairly and quickly adjudicate the claim but also compensate the victims and survivors of occupational disease. The current status quo just won’t do.
We fully expect employers who take part in this consultation to argue against any changes to legislation and policy that may finally ask them to pay their share for occupational disease claims. Pay close attention to Appendix G of the ODAP report
( www.wsib.on.ca/wsib/wsibsite.nsf/public/PolicyOccupationalDiseaseConsultation ).
The hearings begin at 9:00 am. OPSEU locals should encourage their members to attend the consultation in their area, even if they are not presenting. Workers’ voices must be heard on this issue. Our members did not sign up to go to work and get sick or die. It is important for WSIB to know this is a critical issue for
workers. Show your support to our worker community by attending and observing the ODAP meetings. Workers and their unions must continue the battle to have our compensation system deal appropriately with the illnesses and diseases workers that develop just because they came to work.
The Ontario Federation of Labour (OFL) has prepared a sample brief that outlines some of the issues at stake and its views on the chair’s report. For a copy of their brief, contact the OFL at 416-441-2731. OPSEU is preparing a brief that highlights the specific issues for OPSEU members. For more information, contact Serge
Linarello at 416-443-8888 ext. 727.
Standing for the hearings can be requested by:
mail to “Chair’s draft Report (ODAP) Submission, WSIB, 200 Front St W, 18th floor Toronto, M5V 3J1
Written submissions will be accepted at the address above until September 30, 2004.
Dates and locations of the hearings are as follows:
| September 13 |
Sudbury |
Howard Johnson Plaza Hotel |
| September 14 |
Timmins |
Days Inn and Conference Centre |
| September 16 |
Thunder Bay |
Valhalla Inn |
| September 20 |
Sarnia |
Best Western Guildwood Inn |
| September 23 |
Windsor |
Cleary International Convention Centre |
| September 24 |
Hamilton |
Sheraton Hamilton Hotel |
| September 27 - 28 |
Toronto |
WSIB, 200 Front Street West |
