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  5. Return to Work – Occupational Injuries

OCCUPATIONAL INJURIES – Procedures

A worker is expected to report an injury at the earliest possible opportunity (failure to do so does not remove a worker from the scope of this agreement).  Following notification of the injury the employer/company will fill out the appropriate forms and reports as required by the workers’ compensation law and health and safety legislation.

The workers attending medical practitioner will receive a letter from the company/employer outlining the need for information with regard to expected date of return to work and restrictions that may apply.  This letter will include a copy of this JRTW agreement.

The letter can be sent directly to the attending medical practitioner or given to the worker who will be expected to provide it to the doctor.  The company/employer will cover all costs; any information obtained will be at no cost to the worker.

The JRTWC may develop a specific set of questions defining the workers functional abilities.  Such information will pertain to the employees capabilities/restrictions and not the diagnosis.  The questions must clearly indicate that the attending medical practitioner will specify whether and when a worker is able to return to work and outline the restrictions which apply at the point of return to work, including the anticipated rehabilitation period.

The union members of the committee will receive copies of any accident reports and the attending physicians report as to restrictions and ability to return to work.

Should there be any need for representatives of the JRTWC to contact the workers’ doctor, they will do so only with the workers’ written authorization.

Once the doctor’s reply has been received the JRTWC will meet to review the situation.  At the point at which the worker is ready to return to work, the JRTWC will meet to develop a Return to Work Plan.  The Return to Work Plan will be developed with the employee in attendance.

 

PERMANENT DISABILITY (OCCUPATIONAL)

  1.       Permanently disabled employees are those who experience an injury/illness that permanently restricts their ability to perform their regular duties.

 

  1.     In consultation with the employee, the JRTWC will make every reasonable effort to establish a permanent modified work plan.  This assessment will include a revised medical prognosis as may be necessary.  Such a plan is subject to the same criteria as set out above.

 

  1.     The Modified Work Plan for a permanently disabled employee may be re-evaluated in the event that relevant circumstances change subsequent to the plan’s implementation.

 

  1.     Accommodation may require an adjustment of work process or schedule, financial investment made by the company/employer to modify a work station, tool or machine, or additional training of reasonable duration.

 

  1.     Accommodating permanently disabled employees may require special arrangements not provided for by the collective agreement.  These must be negotiated and jointly agreed to by the union and the company/employer.

 

 NON-OCCUPATIONAL INJURY OR ILLNESS

  1.       A worker who is disabled as a result of a non-occupational illness or injury will have the same rights under this agreement as a worker disabled as a result of occupational causes.  Every effort will be made to return the worker to work in an early and safe manner as provided in this agreement.

 

  1.     Employees wishing to participate must have their doctor provide the pertinent information, at no cost to the employee, as outlined above.

 

 

 

 

[1] Appropriate Time:  The company/employer and union recognize that, while early intervention can often be appropriate and useful to the recovery of the injured worker, both economically and emotionally, it remains for the attending physician to determine the appropriate time for the workers’ return to work.)

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