Disability Management

1. Disability Management PSAC National Health & Safety Conference 2013 Mental Health at Work – We Are All Affected

2. Objectives Following this workshop, participants: • Will be able to define disability management and understand its various components; • Understand the challenges and consequences for PSAC members brought about by a change in the disability management culture by employers; • Will be equipped to encourage their respective locals to sensitize their members to the impact of potential decisions stemming from the new disability management culture, while ensuring adequate representation by developing the attendant means (compensation, return to work).

3. Agenda • Introduction and ice-breaker • Objectives • Background • The disability management initiative in the Federal Public Service • Statistics • Instruments & sources of legislation • Rapid intervention • Break • Protection and indemnities • Background • Conclusion

4. Change in the disability management culture by employers • Several disability insurance companies and worker’s compensation boards in some provinces have also made changes to their service structures and decision-making processes to reduce the compensation paid out to workers.

5. Disability management initiative in the federal public service • Four years ago, a disability management committee received $6 million in funding to develop a new disability management program.

6. Disability management initiative in the federal public service • A program intended to reduce the impact of illness, injury and disability in the workplace, building on prevention, prompt and proactive intervention to encourage a return to work and accommodation measures for employees with functional limitations (Dianne Dyck)

7. Disability management initiative in the federal public service • How could this definition have an adverse impact on injured workers?

8. Disability management initiative in the federal public service

10. Disability management initiative in the federal public service

11. Disability management initiative in the federal public service

12. Disability Management Instrument Universe Approximately 15 minutes • Work in sub-groups at your respective tables to become familiar with the various instruments relating to disability management. Instructions : • Instrument universe handout. • The first column contains the title of various policy instruments and the legislation that applies to disability management. The objective and the main elements of the instruments appear in the other column. • Match the title of each instrument with its objective or its main elements. • Indicate your answers (the letter) in the first column, which will make correction easier. • You have 10 minutes to do the exercise which will be corrected during the plenary session.

13. Accommodation Recourse Routesand Benefit Entitlements

14. 3 Recourses for dealing with DTA violations in the workplace. 1. Grievance • Per the collective agreement • Pay attention to time limits 2. Human Rights Complaints • Per the applicable jurisdiction • Notify at the same time as you file the grievance (must exhaust grievance process first) • Pay attention to time limits 3. Internal Employer Policies • Per applicable policy • Use ONLY if process is meets the requirements of due process – but file a grievance at the same time • Pay attention to time limits

15. Proposed Grievance Language The grievance statement should reference the No Discrimination Article and the failure to accommodate. For example: • I grieve that management has violated article _____ and all other related articles of my collective agreement and related acts of law, by failing to accommodate me. The corrective actions should include: • to be accommodated as requested  (normally the recommendation comes from a doctor); • to be reimbursed any leave and other benefits used related to the failure to accommodate in a timely manner; • a request for pain and suffering damages • to be made whole

26. Medical Release Forms Accommodation The worker only has to disclose medical information which is relevant to the disability being accommodated and does not have to provide access to his/her entire medical file. Diagnosis is not required.

27. Medical Questionnaire An Employer is only entitled to receive the information necessary to enable it to accommodate the employee. This will include expert or professional verification that the employee has a legitimate functional limitation, a description of the limitation to help the Employer accommodate that limitation, and a professional estimate of how long the employee will need to be accommodated.

28. Hierarchy of Accommodation Same job Modified job Different job in same workplace; Similar job in a different workplace; Different job in a different workplace.

29. Sample Reintegration and Accommodation Plan Physicians name and address: I saw __________________ (patient’s name) on______________ (date) Date of injury or illness, if applicable ______________ This patient is medically able to work with limitations or restrictions as of ____________________ (date). Restrictions or limitations (see page 2 for details) In my opinion, these restrictions or limitations are: Temporary  for how long _________________ Permanent  date of next appointment _________________ Need further  date of next appointment _________________ assessment My opinion is based on the factors indicated below:  Information provided by the patient  My examination of the patient and my assessment of the findings and health information I have provided this form to the patient named above _____________________________ _______________ Physician’s signature date

30. Working Through Accommodation SCENARIOS • Form small groups. • Each group will focus on one of the various parties involved: a) delegate and steward b) employer c) physician and fellow worker. • You should discuss one section of your scenario and avoid reading ahead as to not be influenced by their content. • You will be given 25 minutesto work through your scenario(s) and then select a team member to report back to the larger group. • The Disability Insurance Handbook , Factsheets and the Accommodation Path Diagram at the back of your DTA Guide can assist you in your deliberations.

31. Conclusion By the end of this of workshop participants will be able to: • understand the concept of disability management. • identify and assess potential resources and approaches utilized by employers. • equip themselves with appropriate tools to proactively develop union strategies that provide adequate and timely assistance to our members in this evolving context.