Tuberculosis is listed as an occupational disease in Schedule 3 to the general regulation under the Workplace Safety and Insurance Act. If a worker suffers from tuberculosis, the tuberculosis is presumed to be due to the nature of the worker’s employment, if the worker is employed in
- a health care facility
- a laboratory as defined in the Laboratory and Collection Centre Licensing Act
- a reform institution, or
- providing health care services or health care support services.
In addition, tuberculosis is presumed to be work related if it has been established that through the course of employment the worker was exposed to an established source of tuberculosis infection or to the tubercle bacillus.
Clinical evidence of active tuberculosis must be shown for the claim to be approved. A worker who leaves the exposure employment and then develops tuberculosis, must show evidence of active tuberculosis within 6 months of leaving for the claim to be accepted.
Rebutting the presumption
The presumption of work-relatedness may be rebutted if the disease develops within 3 months of entering the employment. However, if there is evidence that the worker was free of active tuberculosis on entering the employment, for instance through a negative tuberculin test, the presumption of work-relatedness may not be rebutted.
The presumption may be rebutted if a worker who leaves the exposure employment does not show evidence of active tuberculosis until more than 6 months after leaving the employment.
If the disease recurs within 3 years of the worker’s recovery and return to work, the WSIB considers the recurrence under the prior claim, whether the worker returns to the exposure employment or not. If the recurrence materializes after 3 years, it is adjudicated as a new claim.
Prior history of Tuberculosis
If there is a prior history of tuberculosis, the claim is not accepted on the basis that it is considered a reactivation of the original condition. However, the claim may be allowed if it is shown that the disease has been inactive for at least 3 years prior to entering the most recent employment.
In order for the WSIB to obtain the necessary information to assess the claim
- the worker must provide the WSIB with the Worker’s Report of Tuberculosis Form 0084A, and
- the employer must provide the WSIB with the Employer’s Report of Tuberculosis Form 0255A, with the attending health professional completing the medical report.
This policy applies to all decisions made on or after November 30, 2001.
This document replaces 16-01-03.
Workplace Safety and Insurance Act, 1997, as amended
Sections 2(1), 15(3)
O. Reg. 444/01
Board of Directors
#8(XXXI), June 10, 2004, Page 6621