managing workplace accommodation in unionized workplace

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Viki Scott

October 2018

Managing Workplace Accommodation for Physical and Psychological Disabilities in a Unionized Environment

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• National Institute of Disability Management and Research (NIDMAR)

• Health Canada’s Corporate Health Model

• International Labour Organization (ILO)

• Ontario Federation of Labour “Accommodation Guidelines and Principles for Local Unions”

• Various Collective Agreements

Current - Employee-Employer Disability

Management Program Models

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Cooperation and interaction among management, labour and health care professionals at an early stage in the rehabilitation process are the key components of successful Joint Disability Management Return-to-Work Programs.

Key to Success

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• Can continue to perform meaningful work.

• Can maintain their income levels and secure future pensions.

• Early return to work can facilitate physical recovery.

• Support social and mental well-being.

Worker Benefits

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• Retain valuable workers and reduce the costs of replacement workers.

• Restore labour force participation.

• Reduce the negative financial impacts of disability such as increase costs associated with Insurance Premiums, WSIB, Grievances, loss of productivity, etc.

• Meet legal requirements i.e., WSIB, Human Rights, etc.

Employer Benefits

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• Unions, like management, have a legal responsibility to assist disabled workers in returning to work.

• Maintains labour rights and principles.

• Promotes worker well-being.

• Demonstrates value of the program to union members by protecting the employability of its members.

• Problem-solve in addressing areas of mutual interest and concern.

Union Benefits

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MCYS and OPSEU’s Health and Productivity Program

SUCCESSFUL WORKPLACE MODEL

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Building Relationships Removing Barriers

A Collaborative Approach to the Design and Delivery of an ESRTW/WA Program


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• Since April of 2007, the Ontario Ministry of Children and Youth Services, Youth Justice Division, (the Ministry) and the Ontario Public Service Employees Union (OPSEU) have worked collaboratively in the development of a Health and Productivity Program, Workplace Service Delivery Model.

• This program has been developed to facilitate the Early and Safe Return to Work and Workplace Accommodation for ill, injured or disabled Employees.

Introduction


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Management Perspective

Union Perspective

Drivers for a Program


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A need to . . .

• create an accommodation process that was fair, equitable, and defensible.

• develop strategies for cost avoidance and cost containment.

• develop a “user friendly” toolkit for managers to better manage the return to work and accommodation process.

• manage accommodations more effectively by building a better working relationship with the union.

• incorporate and streamline all of the existing programs and devise a process for consistency and ease of use.

Drivers: Management Perspective


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Workplace Manager


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A need to . . .

• protect the health and safety of all bargaining unit members in the workplace.

• minimize the impact of accommodations on other bargaining unit members in the workplace.

• proactively ensure that members rights are being protected when requesting an accommodation.

• reduce the resource impact of unnecessary grievances.

• more effectively serve the membership by building a better working relationship with the employer.

Drivers: Union Perspective


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The Approach


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The Ministry of Labour

The Union

The Employer Primary Stakeholder

Briefing Meetings

Diagnostic Stage


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Outcomes

• Workplace Health and Productivity Union/Management Project Team was established.

• H&PP would participate in the Ontario Ministry of Labour’s “Interest Based Problem Solving Training”

• Goals and Objectives Framework was established.

• Agreement that an “independent review” of existing processes, etc. be completed.

• “Cautiously Optimistic”.

Diagnostic Stage: Inaugural Meeting


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Stakeholder Interviews • Administrators of each Youth Facility

• Deputy Superintendents and Operational Managers at each of the Youth Facilities

• Dedicated Employees responsible for Accommodation and Return to Work processes

• LERC and Local OH&S Members (Union and Management)

• MERC and Central OH&S Members (Union and Management)

• Subject Matter Experts (Ministry HR and OPSEU Corporate)

• Central Agency

• End Users

Process, Programs, Policies Examination, i.e.

• OPS HR Policies

• Collective Agreement

• Legislation

Diagnostic Stage: The Review Process


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• Claims data review and analysis to determine trends, costs, and rates of disability.

• Benchmarking

• Report Preparation

Diagnostic Stage: The Review Process


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External Benchmarking


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• Universal Models i.e. International Labour Organization; National Institute for Disability Management and Research; and the Health Canada Corporate Health Model

• Broader Public Sector i.e. OPSEU, CUPE

• Other Jurisdictions i.e. British Columbia and Alberta

• Private Sector i.e. Steelworkers, CAW, Foresters

Benchmarking Comparators


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What We Heard: Recommendations for Change


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• Increase number of “stress” and other psychological claims

• The current “shift” system (12 hour shifts)

• Work-related conflict

• Aging Workforce

• Fitness levels

• Changing Culture

Drivers of Disability


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• Rights-orientated/rights mentality

• Unpredictability and potential inherent dangers of certain components of the job

• Performance issues

• Change in job requirements and demands i.e. different population (hard to serve)

• Delay or no access to Medical Assessment or Treatment

• Recruitment and Training of new employees

Drivers of Disability


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• Policy Issues

• Employer Observations

• Physician Issues

• Resource Issues

• Training Issues

What We Heard


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Implementation Stage


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• Using “best practice” research developed a Workplace Health and Productivity Model.

• Established a Project Plan identifying deliverables and timeframes.

• Developed a communication plan.

• Established working Sub-Committees

• Governance

• Tools and Templates

• Training and Development

Implementation Stage:

Examination of the Report Results


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• Meet Legislative, Contractual and HR Policy compliance.

• Ensure that the Early and Safe Return to Work and Workplace Accommodation process is streamlined.

• Provide continuing communication and education.

• Identify internal and external resources in support of the Early and Safe Return to Work and Workplace Accommodation Process.

• Identify, establish, apply and incorporate “best practices” into the Early and Safe Return to Work and Workplace Accommodation process.

Workplace Health and Productivity Program

Objectives


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Pre-disability Position Pre-disability position with modifications Comparable position Comparable position with modifications Reassignment for health reasons within the organization

3 Must meet the HR Criteria for Accommodating Employees

2 This process will be dynamic and adaptive

1 A fair and equitable approach will be used in developing and implementing individual ESRTW/WA plans

Guiding Principles for Early and Safe Return to

Work and Workplace Accommodation Plans


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• Utilize an interest based decision-making approach.

• Employee may choose to have representation at any stage of the plan development and implementation process.

• Ensure Confidentiality at all stages of the process.

• Collaborative based (employer/union/employee).

• Occupational Health and Safety must not be waived.

Guiding Principles for Early and Safe Return to

Work and Workplace Accommodation Plans


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WORKPLACE COMMITTEE

Employee

Union Steward

Employee’s Manager

Subject Matter

Advisors

Employer Representative, Union Representative

Workplace Model: Primary Members


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INTERNAL RESOURCES

Human Resources

Consultants

Union Regional Staff Rep

Corporate HR

Resources

Union Corporate Resources

Job Security Officers, OH&S Officers, etc.

Policy Advisors, Employee Relations, etc.

Workplace Model: Secondary Members


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Ministry of Labour Resources/Specialists

Ontario Human Rights Commission/ Specialists

Others as Required

Insurance Carrier Resources/Specialists

Ergonomics Specialist

Employee Assistance Program Resources/

Specialists

Chiropractors, Physiotherapists, Psychologists, etc.

Workplace Safety and Insurance Resources/

Specialists

Para-Medical Professionals

Medical/Clinical Professionals

Treating Physicians, Medical Specialists, Occupational Physicians, etc.

External Resources

Workplace Model: Secondary Members


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Monitor/Follow-up/Review and Close File. 7

Subject Matter Advisors meet to review the case. 6

Implement the ESRTW/WA Plan. 5

Hold the ESRTW/WA meeting to create the ESRTW/WA Plan. 4

Subject Matter Advisors meet to discuss the case. 3

Obtain and assess the information you need to proceed. 2

Identify the need for ESRTW/WA. 1 7 Steps to the

Early and Safe Return to Work and Workplace Accommodation Process


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MCYS HPP Grievance Tracking Data Base. 7

MCYS HPP ESRTW/WA Case Tracking Data Base. 6

MCYS HPP Best Practice Accommodation Tracking Data Base. 5

MCYS HPP Individual ESRTW/WA Notes Document. 4

MCYS HPP Individual ESRTW/WA Plan. 3

MCYS HPP Individual Fitness for Work Document. 2

MCYS HPP Individual ESRTW/WA OPSEU Representation Document. 1

Forms 2 and 3 are for Youth Service Officer Position

and All Other Positions

7 Forms for the

Early and Safe Return to Work and Workplace Accommodation Process


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• Subject Matter Expert (Management and Union Representatives)

• Employee

• Employee Supervisor

• Local Union Steward

• Co-Workers

Health and Productivity Program

Roles and Responsibilities


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Reduction in . . .

• Grievances associated with Workplace Accommodation

• Costs associated with sickness, absence and attendance issues

• Workplace accommodation requests

• Costs associated with third party intervention e.g. Independent Medicals; FAE’s

• Costs associated with recruitment and replacement costs

• Cost associated with other areas of conflict

Measurable Outcomes


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• Program formally recognized in the Correctional Services Collective Agreement – 2013

• Program formally recognized in the OPS Collective Agreement 2015

• Program adopted by the Federal Correctional Services

• Program nominated for the Amethyst Award!

• Community of Practice – “Continual Learning”

• Recent recipient of a Ontario Government Award

Measurable Outcomes

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Questions

Images courtesy of Pixabay.com 39

Scott & Associates Inc. www.scottandassociatesinc.com

THANK YOU

managing workplace accommodation in unionized workplace

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