TORONTO - The elephant stood on the driveway in front of the Ontario Legislative Building. It was a grey inflatable with white tusks and a piece of paper taped to its trunk that read "Auditors Report."
“In that report the unfunded liability has once again reared its ugly head,” said Peter Page, President, Ontario Network of Injured Worker Groups (ONIWG) at Tuesday’s 27th annual Injured Workers Day rally.
Workers compensation boards exist in all provinces. In exchange for guaranteed protection, workers give up the right to sue their employers for injuries or illnesses that occur in the workplace. Benefits are funded by premiums that are paid for by the employer.
In 1990, the unfunded liability of the Workers Compensation and Insurance Board (WSIB) was $9.1 billion. In 1997, after Bill 99 was passed, the unfunded liability dropped sharply due to significant cost-of-living cuts. By 2006, the unfunded liability had dropped to $5.9 billion.
Due to a significant drop in investment income caused by the financial crisis, the unfunded liability rose dramatically to $11.5 billion as of December 31, 2008, leaving the WSIB with three options: increase employer premiums, reduce worker benefits or increase investment income.
Organized labour is concerned that the unfunded liability will be lowered by reducing worker benefits while employers argue that benefit levels are too high and increasing premiums would hurt their competitive position, even though premiums were at $3.21 per $100 of insurable payroll in 1991 and only $2.26 in 2009.
That leaves the government and the WSIB in the unenviable position of deciding which course of action to take.
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But Page is convinced that injured workers will be forced to pay the price rather than forcing employers to pay their fair share.
“Raise assessment rates,” said Page. “Have a health and safety system that is actually enforced so if employers stop maiming and killing workers the WSIB’s crisis could be resolved.”
But until then, the President of ONWIG demanded full cost of living coverage and no more deeming or experience rating.
The poverty rate for injured workers is two to four times higher than the general population in Ontario. Nearly one in five lives on social assistance. Twenty per cent lost their homes and one in five no longer has a car after their injury.
A group of injured workers held an overnight vigil before Tuesday’s rally to remind politicians and the WSIB of the desperate need to reform the workers’ compensation system in Ontario.
On Wednesday, the Standing Committee on Public Accounts discussed the Auditor General’s report on the financial predicament of the WSIB. Injured workers groups, unions and legal clinics requested to make oral presentations but they were turned down.
Instead they handed in written submissions for the Committee’s consideration.
Perhaps they’ll consider the case of Wes Mahoney who fell 44 feet when the clips holding up the extension part of a ladder snapped. His right heel and ankle were found up around his knee, which were rebuilt with metal bars and screws.
“Wes didn’t precipitate this event,” said his wife. “His employer did by not maintaining safe equipment.”
A year later, Mahoney returned to work doing the same job – with a new ladder. For 16 years, he worked with a metal foot.
“Every day, sheer agony,” she said.
But he re-injured his metal foot trying to avoid a falling flower pot. Mahoney shifted his body to the side of the step ladder and fell four feet. But his metal foot hit a boulder, bending it inward.
As a result, he needs surgery to replace the metal in his foot. The surgeon will also have to fuse his ankle to prevent mobility. But that won’t happen for another 18 months because of a backlog in the health care system.
In spite of his injury, limited mobility and constant pain, Mahoney has been deemed employable by the WSIB who chose not to make him eligible for retraining. Instead, he was placed into a four-week university level job search program.
“The staff generated him an $11,000 resume,” she said. “Too bad he can’t read it.”
In the meantime, his compensation has been reduced to $419 per month, forcing him and his wife onto social assistance.
Are you aware that in Ontario there is an "expert panel" that is currently doing a review of the entire health and safety system? The panel's report will go to Dalton McGuinty in the fall. A restructuring of our current system is in the works - and not to the betterment of workers. If you think privatizing the Ministry of Labour's industrial health and safety Inspectors is good just think of the privatization of the TSSA and the Sunrise Explosion in Downsview. For anyone who believes that workers health and safety is critical and a public responsibility, then you won't believe that it will be improved by privatizing health and safety. So, get out and have your voices heard at the Centre for Innovation in Health and Safety on Creekbank Rd. in Mississauga on June 28. That's where the new IAPA headquarters are.
The 'expert panel' that is having public "consultations" on changes to the health and safety systems in Ontario is comprised of those chosen by Dalton McGuinty, and chaired by Tony Dean.
It's not well publicized- in fact they haven't publicized it at all hoping to keep workers out of the discussion. these experts include industry bigwigs including the vice-president of Hydro One, but not one single front line worker. Inspectors with the Ministry of Labour have demonstrated in London; and around the province they have argued to be on the 'expert panel" but have been kept off the panel. Their jobs could be privatized or go over to the employer's insurance company, the WSIB.
Is the government planning to privatize inspector's jobs? Are they planning on letting the employers self regulate? Who knows. Get your voices heard. Tell them what is wrong with the system. Insist that the WSIB, the employer's insurance company is not where Inspectors should be. Inspections and investigations of fatalities, critical injuries and complaints against employers should be kept in the hands of the people of this province...not the employers and their insurance company. Have your voices heard. Get out and tell Tony Dean what is wrong with this system. And privatizing inspectors jobs will not help the injured workers of this province. 'Google' Expert Panel on health and Safety, or just show up to the Creekbank Rd offices of the IAPA on June 28th at 9 a.m.. The panel says only 50 people are allowed in, but HELL this is our lives, our systems, our future. Tell the panel No to privatization, no to WSIB having more say, and no to Occupational Health and Safety being taken out of public hands and given to corporations for a profit.