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WSIB and OHS for Employers in Ontario – April 2013

WSIB and OHS for Employers in Ontario – April 2013

Current Issues in WSIB Law: Diagnosis, Analysis, Resolution – Save the Date May 23, 2013 Toronto

Please join me in Toronto. Every year the Ontario Bar Association sponsors an Annual all-day WSIB conference that is tremendously informative and given to a room full of the very best WSIB practitioners, Vice Chairs, WSIB and WSIAT staff in the Province. It is well worth attending! Bring all of your questions, make new connections and get informed. You will receive such valuable information, that you will want to come back every year. Here are the links for both the registration information and the program outline.

Mandatory WSIB Construction Coverage Effective January 1, 2013:

Before January 1, 2013 there were approximately 6400 CAD-7 (construction) employers registered in Ontario. Effective January 1, 2013 all construction companies (with or without employees) including Partners, Executive Officers, Independent Operators and Sole proprietors will be now be “deemed” workers under the amended Workplace Safety and Insurance Act and the number of registered construction employers is expected to rise substantially.

There are two exemptions: 1) people who only do home renovation work, directly for home owners, and who do absolutely NO other commercial construction work and 2) one partner or executive officer of a corporation may file for an exemption (will need to file a Declaration of Exemption from coverage if he or she does absolutely no construction work.

Periodic site inspections are permissible.  These “deemed” workers are now classified into two groups: 1) those who do non-exempt construction work and 2) those who do no construction work at all.

For those who do non-exempt construction work, they will have to pay regular premiums at the Construction Rate Group rate on the labour portion of all of their contracts. Independent Operators or owners of construction companies who do their own construction work are expected to feel the greatest cost impact of this new legislation. They will now have to pay full premiums of approximately $7500 per year (using Rate Group 764) on their own earnings up to the maximum insurable earnings per year (which is $83, 200 for 2013).

For those partners and executive officers who do no construction work at all, they will have to pay premiums on their income (no matter how it is classified, even dividends) at a nominal rate of .21 cents per $100 / payroll. To get this nominal rate, non-exempt partners or executive officers in construction will have to complete a Request for Rate Group 755.

New JHSC Training Provider

Workplace Health and Safety Network provide WSIB Courses (beginner to advanced) click on the logo and check them out now or go to www.whsn.ca.

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