Demo Webinar

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This is a dmeo webinar showcasing the registration functionality.

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Unlawful Reprisal

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Director’s Update – January 2018

Michael Zacks, Director & General Counsel

New employer penalties are now in effect

New employer late reporting penalties under the Workplace Safety and Insurance Act (WSIA) came into effect on January 1st. Employers who take more than 30 days to report an accident to the WSIB will be fined $1,000. Additional administrative penalties of $250 will continue to be separately applied for incomplete reporting, failing to use an appropriate reporting form, and failing to give the worker a copy of the completed Form 7.

Read more…

 


In the News

The WSIB’s new/revised benefits policies came into effect on November 1, 2014. The WSIB has provided an “Explanatory Note” on the overall policy review process, and response to stakeholder feedback.

Read more..

Glossary of Terms (Unlawful Reprisal)

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This list includes some of the abbreviations you might hear mentioned in occupational health and safety matters, and may see written in Ontario Labour Relations Board case files.

 

Term Description
ADRA Alternate Dispute Resolution
Bill 160 Occupational Health and Safety Statute Law Amendment Act, 2011
CA Collective Agreement
CLC Canada Labour Code
DivCt Ontario Divisional Court
DSR Designated Substance Regulation
Form A53 Application Under Section 50 of the OHSA
Form A54 Response to Application Under Section 50 of the OHSA
Form C26 Notice of Application
IRS Internal Responsibility System
JHSC Joint Health and Safety Committee
JR Judicial Review
LRA Ontario Labour Relations Act
LRO Labour Relations Officer
LRS Labour Relations Specialist
MOL Ministry of Labour
MSDS Material Safety Data Sheet
OEA Office of the Employer Adviser
OEL Occupational Exposure Limit
OHSA Occupational Health and Safety Act
OLRB Ontario Labour Relations Board
OWA Office of the Worker Adviser
OWTL Ontario Workplace Tribunal Library
PPE Personal Protective Equipment
SPPA Statutory Powers Procedure Act
TWHSLC Toronto Workers’ Health and Safety Legal Clinic
VC Vice-Chair of the Ontario Labour Relations Board
WHMIS Workplace Hazardous Materials Information System
WSIB Workplace Safety and Insurance Board

 

How to File a Complaint

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Making a Complaint
Although the Office of Employer Adviser (OEA) endeavors to provide excellent service to all its clients, there may be occasions when employers wish to complain about their treatment by OEA staff or how their problems have been handled. We welcome your concerns, and will try to resolve them to your satisfaction.

Employers may file their complaint in one of two ways:

  • By completing the on-line complaint form and submitting it via email; or
  • By downloading a printable complaint form and faxing it to our office at 416 327-0726

Within 10 business days of the complaint being received:

  • The completed form will be directed to the Manager of the employee or the process being complained about
  • Management will review the complaint and ask for additional clarification if necessary
  • Management will discuss the complaint with the employee/s in question
  • Management will respond to the individual making the complaint, seeking to redress the problem

The OEA commits to using the complaint process as a means to improve over-all service and the processes of the agency. Even if a particular complaint cannot be resolved to an individual’s satisfaction, we commit to continually striving to improve our service.

Note that it is important that a complainant raise their concerns in a timely fashion; the closer in time that a complaint is made in relation to the triggering behaviour or incident, the more options for redress may be available.

In order to make a complaint you must keep track of all such information as:

  • The names and titles of the persons you have dealt with
  • The dates you were in contact (or missed contact) with OEA staff
  • The advice you were given and the things you were told to do
  • Emails or other written communication with OEA staff, so it can be provided if required

Filing your complaint
Complaints may be made about an individual’s behaviour or the interaction, advice, representation or other service that you received from the OEA staff member. We welcome comments about how our services can be improved to better serve Ontario employers, but caution that the OEA does not have the ability or mandate to change Workplace Safety and Insurance Board (WSIB) or Workplace Safety and Insurance Appeals Tribunal (WSIAT) decisions.

To complain on-line, click here.

Note that complaints may also be filed:

  • By fax at 416 327-4427

To download printable complaint form, click here.

  • By mail to:
    Office of the Employer Adviser
    151 Bloor St. W., Suite 704
    Toronto, Ontario M5S 1S4
  • By phone at 1 800- 387-0774 during regular business hours

Ask a Question Online

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If you are a corporation, partnership, fund, trust, co-operative or unincorporated association and would like to contact us online please click here.

If none of the above apply to you and you would like to contact us online please click here.

Contact Us

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If you are an employer and have any questions regarding workplace safety & insurance issues, or require assistance with specific Workplace Safety and Insurance Board (WSIB) claims, or have questions regarding unlawful reprisals under the Occupational Health and Safety Act (OHSA) please contact the Office of the Employer Adviser (OEA).

Head Office

Office of the Employer Adviser
Ministry of Labour
505 University Avenue, 20th Floor
Toronto, ON M5G 2P1

Telephone: (416) 327-0020
Toll free: 1-800-387-0774
Fax: (416) 327-0726
Email: askoea@ontario.ca

Business Hours
The OEA’s business hours are from 8:30 a.m. to 5:00 p.m.

Contact Us Online
If you are a corporation, partnership, fund, trust, co-operative or unincorporated association and would like to contact us online please click here.

If none of the above apply to you and you would like to contact us online please click here.

If you wish to file a complaint with the OEA, please click here.

Regional Offices

About the OEA

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The Office of the Employer Adviser (OEA) is an independent agency of the Ministry of Labour (MOL) and has been helping Ontario employers manage their workplace safety and insurance costs since 1985. We provide expert advice to any size employer, and represent primarily employers who employ fewer than 100 employees. Our service is completely confidential and you will never be charged a fee, given the OEA is funded through the premiums or administrative fees you pay the Workplace Safety and Insurance Board (WSIB).

OEA Workers’ Compensation services for employers

Advice
We have professional advisers experienced in all aspects of workplace safety and insurance answering your telephone queries in our advice centre. We help to resolve disputes early in the process and ensure you are treated fairly at all levels in the workplace safety and insurance system. We give you the information you need to get injured workers back to work safely. We provide you with practical advice on claims and revenue matters.

Representation
Primarily for employers who employ fewer than 100 workers, we provide representation at appeals at the WSIB and the Workplace Safety and Insurance Appeals Tribunal (WSIAT).

Education
We have publications designed to meet the day-to-day needs of employers regarding the workplace safety and insurance system, and we also conduct online webinars and educational seminars to inform and educate employers about their rights and obligations under the Workplace Safety and Insurance Act (WSIA).

Occupational Health and Safety Act (OHSA) Unlawful Reprisals services for employers

As of April 1, 2012, the OEA assists employers confronted with unjust reprisal allegations raised under the OHSA. We provide employers with expert confidential legal advice and representation before the Ontario Labour Relations Board (OLRB), all at no fee to the employer.

Advice
We can respond to your telephone and online enquiries with legal advice regarding any current or potential reprisal allegations that arise in a health and safety context. We provide employers with proactive strategies to help them avoid becoming involved in unjust reprisal proceedings before the OLRB.

Representation
We offer representation in OHSA unjust reprisal matters before the OLRB to employers who employ fewer than 50 employees. We can assist with drafting the Response, attending the mediation, and presenting your case at the hearing.

Education
We conduct online webinars and educational seminars to inform and educate employers about their rights and obligations under the OHSA as they relate to unjust reprisal allegations.

Canadian Employer Advisers

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The following document provides an overview of the contact information, governance structure, programs, services, and publications for Employer Advisers in the following provinces: British Columbia, New Brunswick, Nova Scotia, Ontario, and Prince Edward Island.