Mine rescue workers participating in a WSIB-approved Mutual Aid Agreement are considered workers of their regular employer during mine rescue operations off the premises of the regular employer.
The claims experience arising from injuries during off-premises mine rescue operations are not included for employer-level premium rate setting.
The purpose of this policy is to outline when mine rescue workers have WSIB coverage when responding to a mine rescue operation off the regular employer's premises and to outline the responsibilities of the regular employer.
A Mutual Aid Agreement is a formal agreement between two mining employers under which one employer provides a mine rescue team to the other employer in an emergency. A standard mine rescue team consists of five people trained to respond to emergencies (primarily to underground fires).
The participating mine employers must sign the Mutual Aid Agreement, and a copy of the agreement must be submitted to the WSIB, for approval and coverage under this policy.
Rules for coverage
Mine rescue workers are covered under this policy and are considered to be in the course of their employment when responding to an emergency at the premises of the recipient employer, whether they are:
- travelling to the emergency from their home or place of regular employment
- carrying out their duties at the emergency, or
- returning to their regular employment or home after the emergency, using the most direct or uninterrupted route.
Wages paid by the regular employer to mine rescue team members responding to an emergency under this policy are considered insurable earnings. The premiums on those earnings are paid by the regular employer.
The regular employer is responsible for completing and submitting the Employer's report of injury/disease (Form 7). For more information, see 15-01-02, Employers' Initial Accident-Reporting Obligations.
To ensure the exclusion of the claims experience for employer-level premium rate setting purposes, the regular employer identifies mine rescue accidents covered under this policy on the Form 7 as Mutual Aid Mine Rescue. The regular employer completes the rest of the form in the usual manner by providing its WSIB firm number, account number, class or subclass, etc. The employer also enters the classification code of the business activity in which the worker is engaged with the regular employer.
Claims excluded from employer-level premium rate setting
The claim count and claim costs resulting from injuries incurred during off-premises mine rescue operations are recorded as part of the regular employer's claims experience. However, they are not included when calculating either the regular employer's risk-adjusted premium rate, nor, where relevant, refunds or surcharges under the regular employer's experience rating plan.
Regular employer's obligations
If a mine rescue worker receives benefits under this policy, the regular employer is responsible for complying with the obligations related to:
- return-to-work (RTW) and re-employment, see 19-02-08, RTW Co-operation Obligations and 19-02-09, Re-employment Obligations, and
- continuing contributions to employment benefits for one year after injury, see 18-01-12, Employer Contributions to Worker Benefits.
This policy applies to all decisions made on or after March 1, 2021.
This document replaces 12-04-11 dated February 15, 2013.
This document was previously published as:
12-04-11 date October 12, 2004
12-04-11 dated May 23, 2000
12-04-11 dated December 13, 1999.
Workplace Safety and Insurance Act, 1997, as amended
Sections 13(1), 21, 25, 40(1), 41, 72, 81, 83
#4, April 6, 2021, Page 594