Job Specification

Purpose of Position :

To support small and medium-sized businesses in managing workplace safety and insurance (WSI) issues thereby ensuring business success, promoting a vibrant economy and securing (re-)employment for Ontarians – by helping employers understand (a) the complexities of the workplace insurance schema and how to integrate these considerations into their business operations., and (b)how to manage injury claims and return injured employees to work in a safe and timely manner. To provide comprehensive and strategic consulting /advisory, representation and education services that build self- reliance and promote early dispute resolution to employers who do not have access to in-house expertise and cannot afford viewpoint/position at hearings in which the employer itself is defunct and therefore not present.

Duties / Responsibilities :

To hire private sector consultants or lawyers to challenge WSIB decisions. To represent the employer
Assist employers in understanding the insurance schema of the WSIB issues in this context, and advise and represent employers. Strategically plan and implement local/ regional outreach strategies and stakeholder relationship management activities to ensure small to medium-sized businesses are aware of OEA services, to build credibility and trust among business clients and system partners, and provide feedback for corporate/systemic strategic planning and improving the delivery of WSI services to the business customer in Ontario. Activities include:

• performing complex medical and legal research and policy analysis;
• employing outreach strategies and marketing techniques to develop and maintain contracts with employers and business associations, across all industry sectors, throughout the region;
• reinforcing professional relationships with local system partners tat encourage others (e.g. WSIB Account Managers, H&SA consultants, WSIAT schedulers) to link employers to OEA services;
• presenting OEA information sessions and forums at which employers can raise their questions/issues, often in cooperation with other government businesses services (e.g. municipal economic development offices) and employer/professional associations (e.g. chambers of Commerce, HRPAO);
• representing the OEA on local, regional and corporate committees for purposes of coordinating service delivery (e.g. regional client councils). Addressing operational issues (e.g. WSIB system partnership committee) and providing the employer perspective on policy and operational issues (e.g. Sector Advisory Committees of the WSIB);
• attending WSIB manager and /or team meetings to build referral networks, and to identify and address local issues;
• preparing papers and articles for the OEA website, employer associations and other trade publications/newsletters;
• using knowledge of the local economy and business climate to identify and contact employers who may be in need of OEA services;
• providing feedback and recommendations on key front-line service issues and potential areas of improvement (e.g. participating in WSIAT regional mediation projects, ad early intervention in WSIB collections files where legal recourse may be pursued).
Apply quality customer service in all above-noted responsibilities an by:
• Using and electronic case management system, maintain a record of time and activity on case files, for program accountability and to ensure that colleagues can access file information and advise all clients;
• Participating in OEA projects that enhance client service and administrative efficiency;

Having no access to in-house source of research assistance, conduct research on complex medical and legal issues, current and previous legislative/policy regimes at the WSIB, to be able to independently provide policy analysis and legislative interpretation of the WHI Act and other relevant statutes, such as the Ontario Human rights Code, the employment Standards Act and the Occupational Health and Safety Act. Research and analyze relevant WSIAT decisions; locate and evaluate relevance of precedents in Ontario and other jurisdictions. Analyze and review legislative changes, significant decisions and relevant policies to provide advise on potential impact on WSI system. Identify and analyze trends in WSI practices and related law to assist in the development of the employer's programs.

In assisting employer to understand the insurance schema of WSIB issues in this context:

• explain their rights and obligations under the WSI Act and WSIB policies/practices, and providing strategic advice re: how to apply WSIB policies and practices to achieve the best out comes for their business:
• clarify the different bases for rulings regarding organizational/operational issues (e.g. employer vs. independent operator status) used b the WSIB and other business/employment legislation and regulatory bodies (e.g. Canada Customs and Revenue Agency);
• explain the legal remedies available to WSIB and the consequence of non-compliance in issues pertaining to payroll reporting and premiums (e.g. administrative judgments that mean employers cannot” argue their case in court” before collection procedures are commenced by the WSIB);
• educate employer regarding the processes and policies the WSIB uses to classify various business activities within a company, set rate groups and premiums, and apply incentives(e.g. various experience rating programs, the Safe Communities Incentive Program);
• clarify the basis for any disputes with the revenue and collections side of the WSIB and advise the client as to whether to appeal;
• where an appeal is not recommended, review organizational design, operating practices/processes, payroll segregation options and other factors that will assist the employer to make changes to his business operation that reduced WSIB costs thereby improving the financial viability of the business;
• where the employer position has merit, represent the employer in discussions with WSIB representatives to ensure they have received/understood all relevant information, to ensure they have considered other policy interpretations, etc. and to enter into negotiations on behalf of the employer to achieve a resolution at the operating level of the WSIB;
• where resolution is not possible, represent the employer in hearings (oral or written) before the WSIB Appeals Branch and/or the Workplace Safety and Insurance Appeals Tribunal (WSIAT).

Assist employer in avoiding and /or effectively managing WSI claims and represent them in disputes by:

• advising and representing employers on revenue and claims matters, including industry and rate group classification, premium management, WSIB insurance funding programs, Incentives and penalties, payroll reporting, and the business case for health and safety; claims and disability management;
• explaining their rights and obligations under the WSI Act and WSIB policies/practices;
• promoting early resolution of disputes relating to the above matters;
• representing employer in disputes at the operating level of the WSIB by clarifying issues, providing additional relevant information and/or posting alternative interpretations of WSIB policy/practices to achieve the optimal resolution for employers, using alternative dispute resolution techniques to achieve early resolution of disputes;
• representing employer in hearings/mediations at the WSIB, WSIB Appeals Branch and WSIAT by preparing cases for oral and written appeals, organizing evidence, preparing employer and witnesses attending at appeals, making submissions, questioning witnesses, conducting WSIB operational policy research. For matters that continue to a judicial review, Employer Specialists also represent employers before the appropriate administrative or judicial forums.
• advising employers on workplace safety and Insurance best practices and reviewing their procedures on accident prevention, claims management and return to work to recommend improvements that are tailored to the size and nature of business;
• facilitating access to WSIB, health an safety association and Ministry of Labour services for employers where appropriate (e.g. significant work required on prevention and heath and safety measures);
• representing employers in return to work mediations in an effort to minimize hardship for the injured worker and cost to the employer.

Staffing and Licencing :

Valid driver's license

Knowledge :

Job requires good knowledge of administrative law theory and procedure, through knowledge of WSI Act and Regulations and WSIB policies and procedures, case law, and employers' underlying issues and business concerns. Job also requires knowledge of related labour and employment legislation e.g. Occupational Health and Safety Act. Government Employees compensation Act, employment Standards Act, Human Rights Code, Labour relations Act, Canada Labour Code, and principles of collective agreements. Job requires in-depth knowledge and understanding of advocacy techniques, practices and procedures in appearing before quasi-judicial tribunals at the WSIB and the WSIAT, and in-depth knowledge and understanding of negotiation and mediation theory, skills and tactics to prepare and represent employer at WSIB and WSIAT mediations.

Expert knowledge and understanding of medical and legal research techniques to interpret WSI Act, regulations, operational policies, using electronic and paper databases; to determine appropriate WSIAT precedents applicable to ongoing case work; to collect and assess medical literature; to use internet, CD-ROM, and other jurisdictions. Job requires knowledge and understanding of medical aspects of workers' compensation (e.g. to understand mechanisms of workplace injuries, occupational disease, psychiatric and psychological illness),their causes, symptoms, and prognosis, in order to review medical records in files, represent employers in hearings, participate in mediations, and generally advise and conduct complex research. Job requires knowledge and understanding of oral and written communication techniques for interviewing, presenting, questioning, cross-questioning, counseling, explaining and advising.

Job requires knowledge and understanding of management and business practices of how a business, and particularly small business, is operated to properly advise clients on claims management and return to work programs, to develop and maintain contacts in the employer community and to participate in employer forums. Job requires knowledge and understanding of workplace operations and ownership, collective agreements; business practices, payroll record systems, accounting and record-keeping, employee relations, labour relations, corporate structuring and organization to gather data, analyze and resolve issues in dispute, determine proper employer rate group and accountability to pay premiums and penalties to WSIB and develop/negotiate appropriate payment plans. Job requires knowledge and understanding of consultation techniques.

Job requires knowledge of outreach strategies and marketing techniques to develop strategies tailored to the local economy, business community and local/regional WSI system partners' structure and personalities. Job requires knowledge and understanding of OEA and Ministry business plans and overall government objectives I order to participate effectively on committees and at speaking engagements, and when working cooperatively with WSI system partners. Job requires knowledge of client service principles and project management techniques. Job requires knowledge of employer outreach and marketing techniques to promote OEA services. Job requires knowledge and understanding of working in a team environment, of conflict resolution techniques within a team environment. Job requires knowledge of policies and procedures related to the delivery of agency programs (e.g. FOIPPA and WSI privacy provisions and IT asset security considerations in home offices). OPS human resources, financial and administrative policies.

Job requires knowledge of computers and software to prepare written submissions, reports, correspondence; to manipulate and analyze information in various databases; to effectively use email and inter/intranet for communication and research respectively; to maintain an electronic case management system; and to fulfill administrative responsibilities (e.g. WIN XMS checking OPS/MOL policies).

Skills :

Job requires excellent analytical, research and evaluation skills to independently conduct complex legal and medical research, policy analysis and legal interpretation. Job requires consulting skills to instill confidence and trust of employers, elicit information and develop strategic solutions which the employer can implement. Marketing and outreach skills are required to promote awareness of OEA Services among employers who need OEA services.

Job requires strong advocacy skills to: prepare cases for hearing, prepare cases for hearing, prepare complex legal and medical arguments as and advocate in a quasi-judicial forum; address issues of credibility, question and cross question witnesses; present oral and written submissions.

Job requires excellent communication skills to interpret and explain WSI Act, regulations, and WSIB and WSIAT policies and procedures; to conduct negotiations and represent employers I mediations before WSIB hearing officers and WSIAT panel members; to present at OEA information sessions, conferences and committees; and when speaking with stakeholders, potential clients, clients, MOL, WSIB and WSIAT staff on file-related matters. Excellent writing skills are required to prepare submissions to quasi-judicial tribunals, reports and letters on case work to clients, worker representatives, and the WSIB/WSTAT; and when drafting/editing materials for the OEA website and employer/trade association publications. Job requires public speaking skills. Fob requires sound professional judgment to advise clients and identify appeals without merit. Fob requires ability to work independently in a regional office clients and identify appeals without merit. Job requires ability to work independently in a regional office without local supervision.

Job requires excellent research, analytical, reasoning and problem –solving skills to identify and analyze; workplace safety insurance issues (e.g. initial entitlement, work- relatedness, level of benefits, return to work issues, application of various experience rating plans, cost transfer programs, revenue collection issues, rate group issues); Issues that impact on clients' current and future business operations; financial impact of clients' workers' accidents on costs charged by the WSIB; means to incorporate sound claims management and return to work programs into business operations while minimizing impact on, or enhancing, productivity and business effectiveness; means to avoid potential disputes with the WSIB. Excellent research and analysis skills to be able to independently provide policy analysis and interpretation of legislation by locating and identifying relevant medical studies, legal precedents, etc and evaluating evidence (e.g. WSIB records, witness statements, medical records, vocational rehabilitation reports, surveillance video) to determine relevance to issues and applicability to a case given WSIB/WSIAT rules of procedure and evidence.

Reasoning and problem-solving skills are also required to evaluate if a client's dispute is sufficiently meritorious to proceed to appeal, determining if mediated settlement meets client's interests and is compatible with law and policy; to ascertain client's Immediate and underlying needs and provide quality service within OEA policies and standards. Excellent decision-making skills are required to develop and implement and appropriate course of Acton in a hearing (e.g. negotiation, cross-questioning or ADR strategy) and to develop and recommend business strategies to employers. Job requires consultation skills, the ability to inspire client confidence and to establish effective working relationships.

Planning, coordination and time management skills are required to analyze competing and conflicting work priorities to determine appropriate course of Action to meet externally imposed deadlines for submission of evidence to WSIB and WSIAT (with detrimental financial consequences to client if deadline is missed). Service commitments to clients, and OEA expectations for customer service standards, timely documentation in case management system and administrative requirements (e.g. attendance reporting, submission of vehicle logs and expense claims, etc.) Planning and reorganizing skills are also required schedule workload (e.g. hearing, client meetings, committee meetings, partnership development opportunities) In an independent environment that requires monitoring such issues as stock of office supplies, Scheduling maintenance for government vehicles, home office equipment, etc.

Job requires proficiency in use of computers and software( e.g. program case management system. MS Office Suite, internet, Outlook, “Quick law,” “Attorney's Textbook of Medicine”). Job requires travel and ability to manage sometimes irregular and extended work hours.

Freedom of Action :

Job requires working in accordance with the principles of law, statutes and established precedents, but with autonomy/latitude for interpreting and applying these in a manner appropriate to each case. Job has latitude and discretion in advising clients, scheduling of hearings or meetings with clients, scheduling of travel to attend hearings or meet with clients. Job permits independent decision-making in case preparation (e.g. approach for case management research, investigating incidents, interviewing/preparing witnesses, compiling arguments) and presentation (e.g. negotiation and cross-questioning strategies, ADR techniques), on cases involving whether the client's dispute has merit. Job requires complying with WSIB/WSIAT statutory limitation periods, resolving issues and making decisions under minimal supervision I accordance with OEAWSIB WSIAT guidelines, directives and established procedures. Completed work such as written submissions and letters to the WSIB, WSIAT and clients must be self- reviewed for accuracy in analysis, law and policy, and spelling/grammar. Employer Specialists decide on when to consult with OEA General Counsel for guidance. Errors in judgment could bring the Ministry of Labour and/or WSI system into disrepute. Failure to secure a fair and equitable resolution for employers may affect the financial viability of business operations, leading to business failure/closure and loss of employment of workers.