On September 26, 2023, Ontario's Workplace Safety and Insurance Board ("WSIB") updated its Operational Policy on the Employers' Initial Accident-Reporting Obligations (Policy 15-01-02) bringing it in line with the Workplace Safety and Insurance Act ("WSIA") and removing additional time for the WSIB to receive the employer's report of injury ("Form 7") that was in place when employers were mailing reports to the WSIB.
The WSIA requires employers to notify the WSIB within three days of learning of an accident, if the worker seeks health care or results in them not being able to earn full wages. The updated Policy sets out that the "WSIB must receive an employer's complete accident report within three business days after the employer learns of the reporting obligation." Business days are defined as Monday to Friday, and do not include statutory holidays.
The updated Policy document takes into consideration that employers are no longer mailing injury reports to the WSIB, so the additional time for the WSIB to receive the report is no longer required.
Employers should be aware of the reporting obligations under the WSIA as they could be subject to an administrative penalty of up to $1,000 for failing to file a Form 7 within the required timelines. Failing to notify the WSIB within three days of learning of an accident is also an offence under the WSIA. The maximum penalty on conviction is $500,000 for corporations. Individuals may face a penalty on conviction of up to $25,000 and/or six months imprisonment.
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