Shift Workers All shift workers (i.e. workers whose shift commences at or after the end of the ordinary day work hours) presenting for work when the temperature is at or over 35°C will remain on site in air conditioned amenities for a minimum two hours, holding themselves available to commence work should the temperature fall below 35°C.
Shiftworkers 35.1 Shiftworker for the purposes of this clause is defined as an Employee who performs Shiftwork and who starts or finishes a shift outside of the ordinary hours set out at clause 34.2 above.
35.2 A Shiftworker shall be paid at the rate of double time for all hours worked.
35.3 An Employee who has to work Shiftwork shall be given at least 48 hours of notice of the requirements to work shift work.
Workplace Safety Insurance 20.1 Each member covered by this Agreement who is absent on account of injuries received while on duty and who is receiving a pension, salary or wage award from the Workplace Safety and Insurance Board shall be entitled to be paid the difference between the pension wage and salary award from the Workplace Safety and Insurance Board and his or her current net salary as long as such member remains in the employ of the Niagara Police Board. This shall be applied such that the combination of any WSIB salary or wage award plus the employer top-up shall, in total, equal the net pay of the member's current salary. The non- economic loss portion of any WSIB pension payments shall not be considered as being a salary or wage award, and hence shall not form part of these calculations. Any member who does not comply with the provisions of the Workplace Safety & Insurance Act or Regulations thereto and subsequently receives a salary or wage award or an amount less than the prevailing maximum payable, due to such non-compliance, shall not receive from the Niagara Police Board the difference between the wage or salary award paid by the Workplace Safety & Insurance Board and his or her current net salary. For the purpose of this Clause, net pay shall be the pay for the rank of the member as shown in Appendix "A" less those deductions required under Government Statutes, pension plans and as provided for in this Agreement.
20.2 Subject to the terms of this Article, each member covered by this Agreement who is injured as a result of carrying out his/her duties shall not be deprived of his/her vacations or statutory holidays as a result thereof, and shall accumulate such vacation credits and statutory holidays as he/she might otherwise receive.
20.2.1 Each member shall be entitled to accumulate the float time that he/she might otherwise receive for a period of three (3) months following the injury.
20.2.2 In respect of members who have been off work and receiving WSIB benefits for less than two
WORKPLACE SAFETY AND INSURANCE 41.1 Where an employee is absent by reason of an injury or an occupational disease for which a claim is made under the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding thirty (30) days. If an award is not made, any payments made under the foregoing provisions in excess of that to which he or she is entitled under Articles 44.1 and 44.6 (Short Term Sickness Plan) shall be an amount owing by the employee to the Employer.
41.2 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding three (3) consecutive months or a total of sixty-five (65) working days where such absences are intermittent, following the date of the first absence because of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her credits.
41.3 Where an award is made under the Workplace Safety and Insurance Act to an employee that is less than the regular salary of the employee and the award applies for longer than the period set out in Article 41.2 and the employee has accumulated credits, his or her regular salary may be paid and the difference between the regular salary paid after the period set out in Article 41.2 and the compensation awarded shall be converted to its equivalent time and deducted from his or her accumulated credits.
41.4 Where an employee receives an award under the Workplace Safety and Insurance Act, and the award applies for longer than the period set out in Article 41.2 (i.e. three (3) months), the Employer will continue subsidies for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which the employee is receiving the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s pension contributions.
41.5 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, the employee shall not be entitled to a leave of absence with pay under Article 44 (Short Term Sickness Plan) as an option following the expiry of the application of Article 41.2.
Independent Contractor; Workers’ Compensation Insurance The Contractor is performing as an independent entity under this Contract. No part of this Contract shall be construed to represent the creation of an employment, agency, partnership or joint venture agreement between the parties. Neither party will assume liability for any injury (including death) to any persons, or damage to any property, arising out of the acts or omissions of the agents, employees or subcontractors of the other party. The Contractor shall provide all necessary unemployment and workers’ compensation insurance for the Contractor’s employees, and shall provide the State with a Certificate of Insurance evidencing such coverage prior to starting work under this Contract.
WORKPLACE SAFETY AND INSURANCE BOARD Clause 14.01
(a) When a probationary or regular employee, through employment with the Employer, suffers an injury or disability, or a recurrence of an injury or disability, the Employer shall pay the employee an amount, when combined with the Workplace Safety and Insurance Board payment, equals the employee’s regular wage less deductions required by law, for a period of nine (9) months from the first day of absence.
(b) Pending receipt of payment from the Workplace Safety and Insurance Board, an employee shall receive advances up to the amount of the employee’s regular wage rate, less income tax deductions and shall continue to receive their regular wage rate during the period of absence up to nine (9) months provided that:
i. the employee will make reasonable effort to ensure prompt completion of necessary forms and information required to receive approval of Workplace Safety and Insurance Board payment;
ii. the employee will be expected to fully participate in alternate work, if recommended, by the employee’s medical doctor;
iii. the employee’s claim has not been disallowed by the Workplace Safety and Insurance Board, and;
iv. the employee agrees in writing, to sign over to the Employer the Workplace Safety and Insurance Board payments.
(a) The Employer shall continue to pay for a period of time not to exceed thirty (30) months from the first day of an injury or disability, the premium cost for health and insurance benefits as covered by Clauses 16.03 and 16.04.
(b) Should an employee return to work from an injury or disability for a period of six (6) continuous months and subsequently suffers a recurrence of an injury or disability, then the provisions of Clauses 14.02(a) and 14.03(a) shall apply.
(c) Notwithstanding Clause 14.02(b), if an employee having ceased to be disabled returns to work and again becomes disabled from the same or related cause within six (6) months, it would be considered as one (1) continuous period of disability as per Clauses 14.02(a) and 14.03(a).
(a) For a period of up to thirty (30) months from the first day of injury or disability, the employee shall be eligible to return to their same position classification if capable of performing the required work. If unable to perform the required work, the employee shall be given all reasonable consideration for any available job for which the employee is able and qualified to perform.
(b) Notwithstanding Part (a), if any employee’s position is declared redundant while on WSIB leave, the employee upon their return shall exercise normal bumping procedures as per Article 8.
Safe Workplace A) The Employer and employees recognize the need for a safe and healthful workplace and agree to take appropriate measures in order that risks of accidents and/or occupational disease are reduced and/or eliminated. Employers will take all reasonable steps to eliminate, reduce and/or minimize threats to the safety of employees.
B) An employee performing visitation to clients in the community shall have the right to request backup to attend where there is reasonable cause to expect a violent situation and will have access to appropriate communication equipment.
C) When the Employer is aware that a patient/resident/client has a history of violent behaviour, the Employer shall make such information available to the employee. Upon admission or transfer the Employer will make every reasonable effort to identify the potential for aggressive behaviour. In- services and/or instruction in caring for the violent patient will be provided by the Employer.
D) The Employer will provide orientation and/or in-service which is necessary for the safe performance of work including universal precautions, the safe use of equipment, safe techniques for lifting and supporting patients/residents/clients and the safe handling of materials and products. The Employer will also make readily available information, manuals and procedures for these purposes. The Employer will provide appropriate safety clothing and equipment.
Industrial Relations Training Leave Union Delegate/Employee Representative shall have access to industrial relations training in accordance with Appendix E hereof.
Coordination with Workers' Compensation When an employee has incurred an on-the- job injury or an on-the-job disability and has filed a claim for workers' compensation, medical costs connected with the injury or disability shall be paid by the employee's health plan, pursuant to M.S. 176.191, Subdivision 3.
Workers' compensation and employer's liability insurance endorsements The following are required:
(i) CANCELLATION endorsement which provides that the District is entitled to 30 days prior written notice of cancellation or nonrenewal of the policy, or reduction in coverage, by certified mail, return receipt requested.
(ii) WAIVER OF SUBROGATION endorsement which provides that the insurer will waive its right of subrogation against the District, its Trustees, and their officials, employees, volunteers, and agents with respect to any losses paid under the terms of the workers' compensation and employer's liability insurance policy which arise from work performed by the Named Insured for the District.
