1 GAEP Study Tour An Overview of the Ombudsman for Workplace Safety May 16, 2007

2 C ontext: The Ontario Workplace Safety & Insurance Board (WSIB) Established by law in 1915 Administers no-fault workplace insurance for workers and employers Helps workers deal with the consequences of workplace injuries and occupational diseases Provides loss of earnings benefits to workers Assists workers with return-to-work programs and retraining, if necessary. Reports to the provincial government through the Minister of Labour

3 History of the Fair Practices Commission The Commission is the organizational Ombudsman for the WSIB. The Commission was established by the WSIB’s Board of Directors in December 2002, following an Injured Workers’ Consultation Tour and a review of other models. Commissioner was appointed in September, Staff were hired by Commissioner, as of December 1, Commission began taking complaints in January, 2004.

4 Commission’s Role and Mandate The Commission addresses service delivery issues raised by workers, employers and service providers. The Commission’s mandate is to  receive, investigate and resolve complaints about alleged acts, omissions and unfair practices by the WSIB.  identify complaint trends, policy matters and systemic issues and recommend improvements. The Fair Practices commissioner can act on her own initiative to identify systemic service delivery issues within the WSIB. Generally, the Commission accepts complaints that have current implications for fair practices.

5 Framework: Commission’s Charter Document Charter was approved by the WSIB Board of Directors in March 2004 Protection of independence : “ just cause” clause Commission maintains systems and records separately from the WSIB and can establish its own written practices and procedures Commissioner issues public annual report

6 Core Qualities The Commission operates on the basis of recognized Ombudsman principles: Independence Impartiality Confidentiality

7 Complaint Resolution Fairness Benchmarks Delay Communication Behaviour Decision-Making Process

8 Commission’s Approach to Complaint Resolution Complaint received by Intake Staff Mandate? Current Fairness Issue? Did complainant contact WSIB? Commission Inquiry: - review file - contact parties - resolution of individual complaint Assign to Specialist Systemic Issue Identified? Consider formal investigation? Notice and report findings to organization

9 Commission’s Complaint Form & Complaint Guide Forms are on the Commission’s web site They help people to focus on the fairness issue The guide advises people to first try and resolve their concern by contacting the WSIB directly People can also contact the Commission by telephone; the Commission provides toll-free telephone service throughout Ontario

10 Experience to Date YearNumber of Complaints First year ,218 Second year ,633 Third year ,953 Complaints increased by 62% from 2004 to % of complaints are brought by workers, their families or their representatives 37% of all mandate complaints are about delays

11 Examples of Resolved Cases Individual Cases Delay: One year delay in completing home modifications for a seriously injured worker Decision-making process: Adjudicator refused to consider new information that may have affected the outcome of the decision Delay: In occupational disease decision-making Communication: Adjudicator did not explain the reasons for denying benefits

12 Examples of Resolved Cases contd… Systemic Issues Backlogs: reduced internal consultation backlogs Appeals: reduced delays in appeal process Young workers: addressed long-term earnings Guidelines: developed to assist appeal officers when employers claim retroactive adjustments

13 How is FPC different from a classical Ombudsman? Classical Ombudsman (Ombudsman Ontario) 1.Established by legislation 2.Provides independent oversight of most provincial government agencies 3.Can look at individual and systemic issues and make recommendations 4.Office of last resort, after all appeal processes have been exhausted Organizational Ombudsman (FPC) 1. Established by the organization 2. Internal complaint mechanism; provides independent, objective review of service delivery issues 3. Can look into individual and systemic issues and make recommendations to organization’s BOD 4.Can get involved early in the process – may help to prevent unnecessary appeals

14 How is FPC different from a Classical Ombudsman? Contd… Classical Ombudsman (Ombudsman Ontario) 5.Independent of government; reports directly to legislature 6.Funded by the government 7.Final say on fairness issues Classical Ombudsman (FPC) 5.Independent of organization’s line management: reports directly to Board of Directors 6.Funded by the organization 7.Subject to review by Ombudsman Ontario

15 Questions/Discussion