Ontario employers to bear WSIB costs of injured agency employees

A new Ontario Bill will make employers liable for the WSIB costs of injured agency employees working for them.

Bill 18, which passed first reading on July 16, 2014, will amend the Workplace Safety and Insurance Act to attribute to an employer the WSIB accident costs of any temporary agency employee who is injured while working for them.

Previously, temporary agencies needed to bring a “transfer of costs” application to the Workplace Safety and Insurance Board to have the WSIB attribute the accident costs to the employer instead of the temporary agency.  Once Bill 18 passes (the coming-into-effect date is not yet known), that will no longer be necessary.

Most employers will already be conscientious about the safety of agency employees working for them.  Bill 18 adds an additional incentive.

Bill 18, which amends a number of other Ontario laws including the Occupational Health and Safety Act (see our post of July 22nd) may be accessed here.

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Adrian Miedema

About Adrian Miedema

Adrian is a partner in the Toronto Employment group of Dentons Canada LLP. He advises and represents public- and private-sector employers in employment, health and safety and human rights matters. He appears before employment tribunals and all levels of the Ontario courts on behalf of employers. He also advises employers on strategic and risk management considerations in employment policy and contracts.

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