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

Disability ManagementDisability Management

PSAC National Health & Safety Conference 2013PSAC National Health & Safety Conference 2013

Mental Health at Work Mental Health at Work – We Are All Affected– We Are All Affected

ObjectivesObjectivesFollowing this workshop, participants:Following this workshop, participants: Will be able to define disability management and Will be able to define disability management and

understand its various components;understand its various components; Understand the challenges and consequences Understand the challenges and consequences

for PSAC members brought about by a change for PSAC members brought about by a change in the disability management culture by in the disability management culture by employers;employers;

Will be equipped to encourage their respective Will be equipped to encourage their respective locals to sensitize their members to the impact locals to sensitize their members to the impact of potential decisions stemming from the new of potential decisions stemming from the new disability management culture, while ensuring disability management culture, while ensuring adequate representation by developing the adequate representation by developing the attendant means (compensation, return to work). attendant means (compensation, return to work).

AgendaAgenda

Introduction and ice-breakerIntroduction and ice-breaker ObjectivesObjectives BackgroundBackground The disability management initiative in the The disability management initiative in the

Federal Public ServiceFederal Public Service StatisticsStatistics Instruments & sources of legislationInstruments & sources of legislation Rapid interventionRapid intervention BreakBreak Protection and indemnitiesProtection and indemnities BackgroundBackground ConclusionConclusion

Change in the disability Change in the disability management culture by management culture by employersemployers

Several disability insurance Several disability insurance companies and worker’s companies and worker’s compensation boards in some compensation boards in some provinces have also made provinces have also made changes to their service structures changes to their service structures and decision-making processes to and decision-making processes to reduce the compensation paid out reduce the compensation paid out to workersto workers. .

Disability management initiative in Disability management initiative in the federal public servicethe federal public service

Four years ago, a disability Four years ago, a disability management committee management committee received $6 million in funding to received $6 million in funding to develop a new disability develop a new disability management program.management program.

Disability management initiative in Disability management initiative in the federal public servicethe federal public service

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

Disability management initiative in Disability management initiative in the federal public servicethe federal public service

How could this How could this definition have an definition have an adverse impact on adverse impact on injured workers?injured workers?

Disability management initiative in Disability management initiative in the federal public servicethe federal public service

Disability management initiative in Disability management initiative in the federal public servicethe federal public service

161616

RTW

Importance of early intervention

1

4

3

2

Illenss/ injury

PsychologicalSocial

General physical

Disability management initiative in Disability management initiative in the federal public servicethe federal public service

  Disability Management Disability Management Instrument UniverseInstrument UniverseApproximately 15 minutesApproximately 15 minutes Work in sub-groups at your respective tables to become Work in sub-groups at your respective tables to become

familiar with the various instruments relating to disability familiar with the various instruments relating to disability management.management.

Instructions : Instructions : Instrument universe handout.Instrument universe handout. The first column contains the title of various policy instruments The first column contains the title of various policy instruments

and the legislation that applies to disability management. The and the legislation that applies to disability management. The objective and the main elements of the instruments appear in objective and the main elements of the instruments appear in the other column.the other column.

Match the title of each instrument with its objective or its main Match the title of each instrument with its objective or its main elements.elements.

Indicate your answers (the letter) in the first column, which will Indicate your answers (the letter) in the first column, which will make correction easier.make correction easier.

You have 10 minutes to do the exercise which will be You have 10 minutes to do the exercise which will be corrected during the plenary session. corrected during the plenary session.

Accommodation Recourse RoutesAccommodation Recourse Routesand Benefit Entitlementsand Benefit Entitlements

1. 1. GrievanceGrievance Per the collective agreementPer the collective agreement Pay attention to time limitsPay attention to time limits

2. 2. Human Rights ComplaintsHuman Rights Complaints Per the applicable jurisdictionPer the applicable jurisdiction Notify at the same time as you file the grievance Notify at the same time as you file the grievance

((mustmust exhaust grievance process first) exhaust grievance process first) Pay attention to time limitsPay attention to time limits

3. 3. Internal Employer PoliciesInternal Employer Policies Per applicable policyPer applicable policy Use ONLY if process is meets the requirements of Use ONLY if process is meets the requirements of

due process – due process – butbut file a grievance at the same time file a grievance at the same time Pay attention to time limitsPay attention to time limits

3 Recourses for dealing with DTA 3 Recourses for dealing with DTA

violations in the workplace.violations in the workplace.

Proposed Grievance LanguageProposed Grievance Language

The The grievance statementgrievance statement should reference the should reference the No Discrimination Article and the failure to No Discrimination Article and the failure to accommodate. For example:accommodate. For example:

I grieve that management has violated article I grieve that management has violated article _____ and all other related articles of my _____ and all other related articles of my collective agreement and related acts of law, collective agreement and related acts of law, by failing to accommodate me.by failing to accommodate me.

The The corrective actionscorrective actions should include: should include:

to be accommodated as requested  (normally to be accommodated as requested  (normally the recommendation comes from a doctor);the recommendation comes from a doctor);

to be reimbursed any leave and other to be reimbursed any leave and other benefits used related to the failure to benefits used related to the failure to accommodate in a timely manner;accommodate in a timely manner;

a request for pain and suffering damagesa request for pain and suffering damages to be made whole to be made whole

Medical Release Forms Medical Release Forms AccommodationAccommodation The worker only has The worker only has

to disclose medical to disclose medical information which is information which is relevant to the relevant to the disability being disability being accommodated and accommodated and does not have to does not have to provide access to provide access to his/her entire his/her entire medical file. medical file. Diagnosis is not Diagnosis is not required. required.

Medical QuestionnaireMedical Questionnaire An Employer is only entitled to receive An Employer is only entitled to receive

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

Hierarchy of Hierarchy of AccommodationAccommodation

Same job Same job Modified job Modified job Different job in same Different job in same

workplace;workplace; Similar job in a different Similar job in a different

workplace; workplace; Different job in a different Different job in a different

workplace.workplace.

Sample Sample Reintegration and Accommodation PlanReintegration and Accommodation PlanPhysicians name and address:Physicians name and address:

  I saw __________________ (patient’s name) on______________ (date) I saw __________________ (patient’s name) on______________ (date)

Date of injury or illness, if applicable ______________Date of injury or illness, if applicable ______________

This patient is medically able to work with limitations or restrictions as of This patient is medically able to work with limitations or restrictions as of

____________________ (date).____________________ (date).

Restrictions or limitations (see page 2 for details)Restrictions or limitations (see page 2 for details)

In my opinion, these restrictions or limitations are:In my opinion, these restrictions or limitations are:

Temporary Temporary for how long _________________for how long _________________

Permanent Permanent date of next appointment _________________date of next appointment _________________

Need further Need further date of next appointment _________________date of next appointment _________________

assessmentassessment

My opinion is based on the factors indicated below:My opinion is based on the factors indicated below:

Information provided by the patient Information provided by the patient

My examination of the patient and my assessment of the findings and health informationMy examination of the patient and my assessment of the findings and health information

I have provided this form to the patient named aboveI have provided this form to the patient named above

  __________________________________________________________ ______________________________

Physician’s signaturePhysician’s signature datedate

Working Through Working Through AccommodationAccommodationSCENARIOSSCENARIOS Form small groups.Form small groups. Each group will focus on one of the various Each group will focus on one of the various

parties involved: a) delegate and steward b) parties involved: a) delegate and steward b) employer c) physician and fellow worker.employer c) physician and fellow worker.

You should discuss one section of your scenario You should discuss one section of your scenario and avoid reading ahead as to not be influenced and avoid reading ahead as to not be influenced by their content.by their content.

You will be given You will be given 25 minutes25 minutes to work through to work through your scenario(s) and then select a team member your scenario(s) and then select a team member to report back to the larger groupto report back to the larger group. .

The Disability Insurance HandbookThe Disability Insurance Handbook , , FactsheetsFactsheets and the and the Accommodation Path Accommodation Path DiagramDiagram at the back of your at the back of your DTA GuideDTA Guide can can assist you in your deliberations.assist you in your deliberations.

ConclusionConclusion

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