News & Information
Latest News
- WSIB Chair Steve Mahoney not seeking reappointment
- C. D. Howe Institute reports on the WSIB’s unfunded liability
- Continue to direct requests for SIEF relief to the Case Manager
- WSIB releases Framework for Policy Development and Renewal
- WSIB releasing work reintegration (WR) summary assessment reports to employers
- CBC highlights carcinogens in Canadian workplaces
- Nanoparticles Cause Brain Injury in Fish
- USA lists dry cleaning chemical to the list of “likely carcinogens”
- Occupational exposure to Trichloroethylene (TCE) results in six-fold increased risk of Parkinson’s disease
- Commonly used herbicide “atrazine” linked to reproductive problems in animals
- American government adds eight substances to its Report on Carcinogens
- Link established between polyfluorinated compounds (PFCs) in office air, and in the blood of office workers
- OEA helps confirm worker not entitled to further LOE benefits following termination of employment
WSIB Chair Steve Mahoney not seeking reappointment
The day before the WSIB released its 2012-2016 Strategic Plan, WSIB Chair Steve Mahoney issued a statement saying that he would not be seeking another term as Chair – a position he has held for almost six years. Mr. Mahoney will continue to serve as Chair until his current term expires in mid-May 2012.
C. D. Howe Institute reports on the WSIB’s unfunded liability
The C. D. Howe Institute has issued a six-page e-brief entitled, The Hole in Ontario’s Budget: WSIB’s Unfunded Liability. It says that,
Were the WSIB to discount benefit liabilities at a rate that better reflected the cost of guaranteeing benefits, it would report an unfunded liability about $7.4 billion higher, at $19.7 billion, implying a shortfall of about $4,100 per insured worker in Ontario.
The report concludes that applying its more conservative assumptions, restoring full funding to the WSIB would require premiums to rise and to remain high for a longer period of time. Premiums would need to increase to around $3.10 per $100 of payroll for roughly 15 to 25 years, or benefit entitlements would need to be trimmed, or both.
Continue to direct requests for SIEF relief to the Case Manager
Any Schedule 1 employer seeking relief under the WSIB’sSecond Injury and Enhancement Fund from the costs associated with a particular claim needs to send a written request to the Case Manager that includes the claim number for which relief is being sought. Upon receipt of a SIEF request, WSIB staff in the Central Claims Processing area will add the letter to the claim file, and send a note to the assigned Case Manager. The Case Manager will note it is a SIEF request and direct it to the SIEF Specialty Team which will decide whether SIEF relief should be granted and, if so, the appropriate amount. After being received by the SIEF Specialty Team, an acknowledgement letter is sent to the requesting party within one week, confirming that the request has been received. If a request is submitted by fax, and the individual has not received an acknowledgement letter within two weeks, a follow-up call/letter from the requesting party would be appropriate.
This process does not apply to claims that are handled by the Occupational Disease and Serious Injury Program (claims ending in O and Z). SIEF entitlement for those cases remains the responsibility of the Case Managers in those programs.
Note that any request for SIEF relief must be accompanied by clear medical evidence that the worker had a pre-existing condition that either contributed to the workplace injury, or prolonged the recovery process from the workplace injury. It is important to understand that not all pre-existing conditions will meet the strict requirements of the WSIB’s SIEF policy. For example, in WSIAT Decision No. 2541/11, the Vice-Chair applied the reasoning provided in WSIAT Decision No. 1568/11 and determined that normal / typical age-related changes in the body, i.e., age-related degenerative changes in the spine (often referred to as “degenerative disc disease”), do not“represent a pre-existing condition for the purposes of the Board’s policy.” In that case, the medical evidence was “not inconsistent with normal age-related changes that one might expect to find in a normal 52-year-old person.” As the Vice-Chair determined that the worker “had neither a pre-accident disability nor a pre-existing condition,” the employer was not entitled to SIEF relief.
WSIB releases Framework for Policy Development and Renewal
The WSIB has released the final version of its Framework for Policy Development and Renewal which will serve as the WSIB’s guide for the policy development and consultation process from this point forward. As part of this new process, each year, the WSIB will create a Policy Agenda to identify the policies that are scheduled to be consulted on in that year. A finalized Policy Agenda for 2012 is expected to be released shortly.
WSIB releasing work reintegration (WR) summary assessment reports to employers
The WSIB says it is making more information available about various vocational assessments for Work Reintegration purposes. To comply with the privacy requirements of worker information under the Freedom of Information and Protection of Privacy Act (FIPPA), employers will receive summary reports only. The information in these summary reports is intended to help the workplace parties find safe and sustainable work.
CBC highlights carcinogens in Canadian workplaces
The CBC recently completed a three-part series on occupational cancers, focusing on 16 cancer-causing agents found in Canadian workplaces. An interactive graph allows viewers to access information by name of carcinogen, by province, and for 20 different industries — many of which are covered under the Workplace Safety and Insurance Act, 1997 (WSIA). Articles in this series highlight concerns for mechanics due to the continuing presence of asbestos in brake pads, and the increasing number of mechanics developing asbestosis. It also focuses on the need for more scrutiny of workplace carcinogens, across a wide variety of industries, that are causing a variety of cancers, as well as the difficulty in measuring workers' occupational exposures, and the inconsistency of exposure standards being applied across the country.
Nanoparticles Cause Brain Injury in Fish
The Occupational Cancer Research Centre (OCRC), which receives some of its funding from the WSIB, pointed out in an October 2011 slide presentation that the International Agency for Research on Cancer (IARC) considers the study of carbon-based nanoparticles in the occupational setting to be a high priority. According to Science Daily, Scientists recently showed that “nanoparticles have a detrimental effect on the brain and other parts of the central nervous system” of fish. Rainbow trout were exposed to titanium oxide nanoparticles, which are widely used as a whitening agent in many products including paints and some personal care products, and are also being considered for use in the food industry. Theresearchers found that the particles caused holes to form in parts of the brain, and nerve cells in the brain died. TheEnvironmental Working Group, in the USA, is concerned that the use of nanoparticles is currently not regulated, and potential safety concerns for humans and the environment have not been evaluated.
USA lists dry cleaning chemical to the list of “likelycarcinogens”
In February 2012, the federal Environmental Protection Agency (EPA) in the USA determined that tetrachloroethylene (PERC), also known as Tetrachloroethylene, a chemical used by many dry cleaners, is a “likely human carcinogen” and is toxic to the central nervous system. TheEPA’s decision was based on the 2010 recommendation of the National Research Council which is an independent scientific body that advises the federal government. PERC is a chlorinated solvent used in dry cleaning, industrial cleaning, and the production of other chemicals and consumer products. Biomonitoring surveys have detected it in the bodies of a significant number of Americans. After entering the environment, PERC breaks down into other known human carcinogens including trichloroethylene (TCE) and vinyl chloride. In Ontario, dry cleaning establishments are Schedule 1 employers with compulsory WSIB coverage.
Occupational exposure to Trichloroethylene (TCE) results in six-fold increased risk of Parkinson’s disease
Trichloroethylene (TCE) is a common solvent that has been linked to Parkinson’s disease through prior research. According to Science Daily, a study recently published in the Annals of Neurologydemonstrated that in addition to TCE, an individual’s risk of developing Parkinson’s disease is also associated with exposure to percholorethylene (PERC) and carbon tetrachloride (CCI4). The study focused on occupational exposures, and found that occupational or environmental exposure to TCE, PERC and CCI4 is common because of the “extensiveuse” of these chemicals in dry-cleaning solutions, adhesives, paints, and carpet cleaning solutions. This study reported a statistically significant association, which was more than a six-fold increased risk. They also found that exposures to PERC and CCI4 were associated with a significant risk of developing Parkinson’s. The lead author said, "Our findings, as well as prior case reports, suggest a lag time of up to 40 years between TCE exposure and onset of Parkinson's, providing a critical window of opportunity to potentially slow the disease process before clinical symptoms appear."
Solvents are routinely used by workers covered in a number of WSIB rate groups. “Poisoning and its Sequelae” by chlorinated hydrocarbons — which TCE, PERC, and other chemicals are — through “Any process in the manufacture of, or the use of, or involving exposure to chlorinated hydrocarbons” is a Schedule 3 Occupational Disease under O. Reg. 175/98 of the WSIA. No specific medical diagnoses, including Parkinson’s, are specified in the Regulation to restrict the type of consequence / sequelae of poisoning that could potentially be accepted.
Commonly used herbicide “atrazine” linked to reproductive problems in animals
Science Daily recently reported that, “An international team of researchers has reviewed the evidence linking exposure to atrazine — an herbicide widely used in the U.S. and more than 60 other nations — to reproductive problems in animals.” In an October 18, 2011 slide presentation, the Occupational Cancer Research Centre (OCRC) noted that the International Agency for Research on Cancer (IARC) has determined that the herbicide atrazine in the occupational setting constitutes a “medium” priority for 2010-2014. According to Health Canada,
Atrazine is used extensively in Canada as a pre- and post-emergence weed control agent, primarily for corn but also for rapeseed, and for total vegetation control in non-cropland and industrial areas. Nearly 2 million kilograms of active ingredient (a.i.) were sold in Canada in 1988, about 70% of this being sold in Ontario.
OntarioFarmer.com explains the “benefits” of atrazine’s use in the Ontario agricultural industry. Ontario farm employers are Schedule 1 employers under the WSIA.
American government adds eight substances to its Report on Carcinogens
The New York Times reported in June 2011 that the U.S. Department of Heath and Human Services had added eight substances to its 12th Report on Carcinogens. This report is a science-based document that identifies chemicals and biological agents that may put people at an increased risk for cancer. Two of the substances are used on a daily basis by millions of Americans (and Canadians). Government scientists listed formaldehyde – found in “worrisomequantities” in plywood, particle board, mortuaries and hair salons — as a known human carcinogen. Styrene— which is used in the manufacture of boats, car parts, bathtubs and shower stalls, and is an ingredient in disposable foam plastic cups and plates — is listed as a substance that is reasonably anticipated to be a human carcinogen. Studies of workers exposed to high levels of styrene have found increased risks of leukemia and lymphoma, as well as genetic damage to white blood cells. Styrene may also increase the risks of cancer of the pancreas and esophagus among styrene workers. Individuals can be exposed to styrene from the fumes of building materials, photocopiers, and tobacco smoke.
Link established between polyfluorinated compounds (PFCs) in office air, and in the blood of office workers
According to a study published in Environmental Science & Technology, indoor office air is an important source of worker exposure to potentially toxic substances that are released by carpeting, furniture, paint and other office items. Scientists found concentrations of a PFC called “fluorotelomeralcohol” (FTOH) in office air that were three to five times higher than concentrations reported in previous studies of household air, "suggesting that offices may represent a unique and important exposure environment." The study also found a strong link between concentrations of FTOH in office air and perfluorooctanoic acid — a metabolite of FTOH — in the blood of office workers.
OEA helps confirm worker not entitled to further LOE benefits following termination of employment
The worker suffered compensable injuries and was performing modified work for the accident employer until his employment was terminated on the basis of what the employer considered to be “just cause,” involving theft of the employer’s property. The WSIB determined that the worker was not entitled to loss of earnings (LOE) benefits beyond the date the worker’s employment was terminated, and this decision was upheld by the Appeals Resolution Officer.
In WSIAT Decision No. 2193/11, the Vice-Chair referred to several WSIAT decisions that discuss “the consideration underlining any finding as to entitlement to ongoing LOE benefits once an employee has been terminated.” While agreeing that it is not within the WSIAT’s mandate to determine whether a worker’s employment has been terminated for “just cause,” the Vice-Chair concluded that the worker’s compensable injury did not play a role in the termination of his employment, or in his subsequent loss of earnings. Instead, the termination was related to a “fundamentalbreach” of the employment relationship, which was an “interveningevent” that broke the chain of causation between the workplace injury, and the worker’s loss of earnings. As a result, the worker’s compensable injuries were deemed an insignificant factor in his loss of earnings following termination. The Vice-Chair found that suitable and sustainable work would have continued to be available to the worker, “but for the facts that led to the worker’s termination for reasons unrelated to the compensable injury or condition.” Theworker’s appeal for continuing entitlement to LOE benefits was therefore denied.
