This page provides updates on recent changes to operational policies at the WSIB, policy clarifications, and our policy agenda.
To sign up for email updates of new or revised policies or to request past policies, please email polpub@wsib.on.ca.
Do you have a policy question? Contact the Operational Policy Branch.
Policy agenda
The 2023 Policy Agenda outlines our policy priorities for the coming year and includes items that may involve stakeholder consultation.
Learn about Policy development at the WSIB including the agenda-setting process and past policy agendas.
Policy updates/clarifications
- 2023 policy updates
- 2022 policy updates
- 2021 policy updates
- 2020 policy updates
- Policy clarifications
Temporary Employment Agency consultation
We have completed our rate setting approach review for temporary employment agencies (TEAs). Visit our TEA rate setting consultation page to view the results and stakeholder submissions from phase two of the consultation.
Minor policy revisions to align with the accident reporting timelines in the Workplace Safety and Insurance Act, 1997
*Effective September 29, 2023*
We have made minor revisions to Operational Policy Manual (OPM) documents 15-01-02, Employers’ Initial Accident-Reporting Obligations and 11-02-01, No Lost Time to align the policies with the legislated requirement for businesses to notify the WSIB of an accident within three business days after learning of their reporting obligation.
The policies previously indicated the WSIB must receive a business’s accident report within seven business days of them learning of their reporting obligation. When we introduced the policies, the majority of businesses relied on the postal system to submit accident reports. The seven business day time-period was in case of postal delays between when a business submitted the accident report and when we received it. Since the vast majority of businesses no longer submit accident reports by mail, the seven business day time-period is no longer needed.
Policies in place and effective prior to September 29, 2023:
Comparison document of the revised and prior versions:
Minor policy revisions related to the determination of average earnings for apprentices
*Effective September 29, 2023*
In March of 2023, the provincial government amended s.53 of the Workplace Safety and Insurance Act, 1997 (WSIA) to include rules governing how the WSIB determines the average earnings of an apprentice. This amendment indicates that an apprentice’s average earnings are to be an amount equal to the average earnings of a journeyperson in the same trade as the apprentice. Subsequent legislative changes also included the removal of references to apprentices in s.16 of Ontario Regulation 175/98 under the WSIA since they were no longer relevant. The revised Operational Policy Manual document 18-02-08, Determining Average Earnings – Exceptional Cases reflects the current legislative requirements to determine average earnings for apprentices.
In addition to the above, minor revisions to documents 12-04-13, Apprentices and 18-04-10, Calculating FEL for Students, Learners and Apprentices, consist of housekeeping changes to update the legislation referenced in those policies.
Policies that were in place prior to the September 29, 2023 changes:
Comparison documents of the revised and prior versions:
Minor policy revisions related to independent non-economic loss medical assessments
*Effective September 29, 2023*
We have made revisions to Operational Policy Manual (OPM) document 18-05-03, Determining the Degree of Permanent Impairment to state that we will provide businesses with an independent non-economic loss medical assessment report, once the person with an injury or illness is notified and given an opportunity to object to the assessment report being disclosed. Other minor revisions were made to reflect that we give people a choice from a list of physicians to conduct independent non-economic loss medical assessments. The chosen physician must also consider reports from other treating health care professionals.
As a result of the revisions to OPM document 18-05-03, a consequential revision is being made to OPM document 21-02-01, Disclosure of Claim File Information - General.
Policy in place and effective prior to September 29, 2023:
Comparison document of the revised and prior versions:
Minor policy revisions to use a person’s pay periods closest to the person’s injury/illness date to determine their short-term average earnings
*Effective September 29, 2023*
We have revised the Operational Policy Manual document 18-02-02, Determining Short-term Average Earnings to clarify that we will calculate a person’s short-term average earnings using the complete pay periods closest to the date of the person’s injury or illness that represent four consecutive weeks of earnings.
Other minor housekeeping changes have also been made to update terminology.
Policy in place and effective prior to September 29, 2023:
Comparison document of the revised and prior versions:
Housekeeping changes to remove outdated content regarding Stakeholder Compliance Services
*Effective September 29, 2023*
We have made housekeeping changes to Operational Policy Manual (OPM) documents 11-01-02, Decision-Making and 11-01-14, Reconsiderations of Decisions to remove outdated content related to a historical period when staff in Stakeholder Compliance Services (formerly Regulatory Services) made final decisions of the board.
Policies in place and effective prior to September 29, 2023:
Comparison document of the revised and prior versions:
Policy changes related to cancers in firefighters and fire investigators
*Effective July 20, 2023*
In June 2023, the provincial government amended Ontario Regulation 253/07 under the Workplace Safety and Insurance Act, 1997 to add two new cancers: primary-site pancreatic cancer and primary-site thyroid cancer.
The additional coverage for pancreatic and thyroid cancers took effect on June 29, 2023, and we have updated OPM document 23-02-01, Cancers in Firefighters and Fire Investigators to reflect the changes. For more information, please read our FAQs about firefighter presumptive care.
Minor changes have also been made to improve clarity about the criteria for the presumption and we have also made updates so that the policy meets accessibility standards under the Accessibility for Ontarians with Disabilities Act, 2005.
Policy in place and effective prior to July 20, 2023:
Comparison document of the revised and prior versions:
Housekeeping policy changes to meet provincial accessibility requirements, update outdated terminology, correct grammatical errors, and clarify the application of policies
*Effective July 20, 2023*
We have made housekeeping changes to multiple documents in the Operational Policy Manual (OPM) to ensure we meet accessibility standards under the Accessibility for Ontarians with Disabilities Act, 2005.
You can see details of the changes to each document:
| Policy | Prior version | Comparison document |
|---|---|---|
| 15-03-13 Posttraumatic Stress Disorder in First Responders and Other Designated Workers | ||
| 16-01-01 Determining Permanent Impairment Due to Asthma | ||
| 16-01-03 Occupational Noise-Induced Hearing Loss, before January 2, 1990 | ||
| 16-01-04 Noise-Induced Hearing Loss, On/After January 2, 1990 | ||
| 16-02-07 Lung Cancer – Gold Miners | ||
| 23-01-01 Post-exposure Prophylaxis for Occupational Exposures to HIV |
In addition to housekeeping changes to meet accessibility standards, we revised OPM document 15-04-03, Chronic Pain Disability to clarify that claims for somatic symptom disorders where pain is not the primary somatic symptom are considered under 15-04-02, Psychotraumatic Disability
Policy that was in place and effective prior to July 20, 2023:
Comparison document of the revised and prior version:
We made housekeeping changes to the following operational policies to update outdated terminology and correct grammatical errors:
- 19-02-08, RTW Co-operation Obligations
- 21-02-03, Disclosure of Claim File Information to Employers (No Issue in Dispute)
Policies that were in place and effective prior to July 20, 2023:
Comparison documents of the revised and prior versions:
Minor revisions to independent operator and insurable earnings policies
*Effective July 1, 2023*
The WSIB has made changes to its operational practices regarding forms used to determine independent operator status. These changes will reduce the administrative burden for independent operators and principals and have been reflected in policy. In addition, we have made changes to these policies to comply with the Accessibility for Ontarians with Disabilities Act, 2005.
The following revised policies are effective July 1, 2023:
- 12-02-01, Workers and Independent Operators
- 14-02-08, Determining Insurable Earnings
- 14-02-09, Insurable Earnings – Drivers in the Transportation Industry
Policies that were in place and effective prior to July 1, 2023:
Comparison documents of the revised and prior versions:
Policy changes related to Cancers in Firefighters and Fire Investigators
*Effective June 1, 2023*
Policy changes have been made to document 23-02-01, Cancers in Firefighters and Fire Investigators, to clarify the circumstances in which the presumption will be rebutted and to codify the WSIB’s existing approach to the rebuttal analysis in cancer claims in firefighters and fire investigators. These changes address the Workplace Safety and Insurance Appeals Tribunal’s finding that the policy lacked provisions to establish a causal connection between workplace exposure and the prescribed cancers to support the application of the presumption.
Other minor revisions have been made for clarity related to case-by-case decision-making and time limits.
Policy that was in place and effective prior to June 1, 2023:
Comparison document of the revised and prior versions:
Minor Revisions to reflect changes to the Law Society’s paralegal licensure as it applies to worker or employer authorized representatives
*Effective June 1, 2023*
There have been amendments to the Law Society’s By-Law 4 Licensing that sets out a number of exemptions from the paralegal licensure. As a result, the revised Operational Policy Manual document 21-02-04, Disclosure of Claim File Information to Worker or Employer Representatives, reflects the current licensing requirements and exemptions for authorized representatives.
Policy that was in place and effective prior to June 1, 2023:
Comparison document of the revised and prior version:
Housekeeping policy changes to meet provincial accessibility requirements – June 1, 2023
*Effective June 1, 2023*
We have made housekeeping changes to multiple documents in the Operational Policy Manual to ensure we meet accessibility standards under the Accessibility for Ontarians with Disabilities Act, 2005.
You can see details of the changes to each document:
| Policy | Prior version | Comparison document |
|---|---|---|
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16-01-09 Determining Permanent Impairment due to Hand Arm Vibration Syndrome |
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21-02-03 Disclosure of Claim File Information to Employers (No Issue in Dispute) |
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21-02-05 Disclosure of Claim File Information to Government Agencies |
Housekeeping policy changes to support the WSIB’s transition to digital account statements
*Effective April 1, 2023*
Housekeeping changes have been made to documents 14-03-08, Pre-payment of Premium and 14-03-10, Statement of Account in the Operational Policy Manual to help facilitate the WSIB’s transition to digital account statements.
Policies that were in place and effective prior to April 1, 2023:
Comparison documents of the revised and prior versions:
Revision to clarify the WSIB’s approach to employer premium adjustments following a status decision
*Effective April 1, 2023*
We have revised Operational Policy Manual document 14-02-06, Employer Premium Adjustments to clarify the WSIB’s approach to issuing a credit premium adjustment following a status decision.
Policy that was in place and effective prior to April 1, 2023:
Comparison document of the revised and prior version:
Communicable illnesses policy consultation
We launched a consultation seeking stakeholder feedback on our draft communicable illnesses policy. The consultation period started February 14, 2023 and closed on March 28, 2023. We are currently reviewing the submissions received. The stakeholder submissions and a summary of the results of the consultation will be posted on our website in the coming months.
2023 benefit rates
*Effective January 1, 2023*
Each year, benefit rates are reviewed and revised to ensure that people are fairly compensated in a financially responsible and accountable way.
For 2023, benefit rates that have increased are:
- Non-Professional Escort Fee
- Guide and Support Dog Allowance
- Independent Living Allowance
- Meal Allowance
- Personal Care Allowance – General Attendant Rate
- Personal Care Allowance – Personal Attendant Rate
- Personal Care Allowance – Skilled Attendant Rate
- Transportation Allowance
The benefit rates for 2023 are now outlined in 18-01-05, Table of Rates. These rates were posted in advance on December 15, 2022.
The revised policy includes revisions to meet Accessibility for Ontarians with Disabilities Act, 2005 standards for tables. The table in the policy now includes a header and cells have been reformatted to improve readability for people using assistive technologies.
Policy that was in place and effective prior to January 1, 2023:
Comparison document of the new and prior versions:
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2023 indexed values
*Effective January 1, 2023*
Every year, Operational Policy Manual (OPM) documents 18-01-02, Benefit Dollar Amounts - Accidents from 1998 and 18-01-03, Benefit Dollar Amounts - Accidents before 1998 are updated to include the current year’s indexed values. The indexing factor for 2023 is 6.5 per cent.
18-01-02, Benefit Dollar Amounts - Accidents from 1998
18-01-03, Benefit Dollar Amounts - Accidents before 1998
Prior versions
Housekeeping changes to reflect repealed legislation - Drugless Practitioners Act, 1990
*Effective January 1, 2023*
On July 1, 2015, the Drugless Practitioners Act, 1990 was repealed and therefore no longer has effect. Operational Policy Manual document 17-01-02, Entitlement to Health Care and 18-01-12, Employer Contributions to Worker Benefits have been revised to remove references to the Drugless Practitioners Act, 1990.
Policies that were in place and effective prior to January 1, 2023:
Comparison documents of the revised and prior versions:
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Minor Revisions to Apprentices (coverage policy)
*Effective January 1, 2023*
On January 1, 2022, the Building Opportunities in the Skilled Trades Act, 2021, (BOSTA) was proclaimed. BOSTA enabled the creation of new skilled trades and apprenticeship systems. As a result, Operational Policy Manual document 12-04-13, Apprentices has been revised to better reflect the apprenticeship systems established under BOSTA and to align the terminology used in the policy with BOSTA.
Policy that was in place and effective prior to January 1, 2023:
Comparison document of the revised and prior version:
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In addition to the above, two other Operational Policy Manual documents have been revised to make housekeeping changes to use the gender-neutral term “journeyperson”.
| Policy | Prior version | Comparison document* |
|---|---|---|
| 18-02-08, Determining Average Earnings - Exceptional Cases | ||
| 18-04-10, Calculating FEL for Students, Learners, and Apprentices |
Housekeeping policy changes to meet provincial accessibility requirements – January 3, 2023
*Effective January 1, 2023*
Housekeeping changes have been made to multiple documents in the Operational Policy Manual to ensure accessibility standards for tables under the Accessibility for Ontarians with Disabilities Act, 2005 are met. Details of the changes to each document can be found in the comparison documents below.
Temporary Employment Agency (TEA) transition
*Effective December 1, 2022*
The TEA Transition to the Rate Framework policy has been updated to reflect the extension of the 2022 rate setting approach for TEAs into 2023. Under the approach, TEAs’ rates will be set using the same approach as all other businesses. All TEAs eligible for a rate increase will move a maximum of two risk bands (approximately 10 per cent) from their prior year risk band towards their projected rate. All TEAs eligible for a reduction will see decreases to their rate in 2023. Our premium and payment FAQs provide more information about premium rate setting.
We are continuing to examine our approach to TEA rate setting beyond 2023 to ensure that all businesses’ rates reflect their individual and class risk and experience. Visit our TEA rate setting consultation page to learn more.
The following revised policy is effective December 1, 2022:
Policy that was in place and effective prior to December 1, 2022:
Comparison document of the revised and prior version:
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Occupational Disease Policy Framework
As part of the WSIB’s Occupational Disease Strategy, the WSIB has approved the Occupational Disease Policy Framework following a consultation held between Tuesday November 30, 2021, and Monday, February 28, 2022.
Temporary Employment Agency consultation
The WSIB's phase two of the Temporary Employment Agency (TEA) consultation sought stakeholder feedback on the proposed modification to the rate-setting approach for TEAs and/or their views on how TEAs transition to this revised approach. Phase two of the consultation started on Wednesday October 12, 2022 and closed on Wednesday November 16, 2022.
Serious Injury Program value-for-money audit consultation
The WSIB launched a consultation as part of our response to the recommendations from the value-for-money audit on the Serious Injury Program. The consultation period started on Friday September 16, 2022 and closed on Friday October 14, 2022. We are currently reviewing submissions received and will provide additional information on the next steps in the coming months.
Housekeeping changes to Determining Insurable Earnings policy to meet provincial accessibility requirements
*Effective June 28, 2022*
Housekeeping changes have been made to Operational Policy Manual document 14-02-08, Determining Insurable Earnings to ensure accessibility standards under the Accessibility for Ontarians with Disabilities Act, 2005 are met. All tables now include a name and caption.
Policy in place and effective prior to June 28, 2022:
Comparison document of the revised and prior version:
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Minor revisions to the hearing devices policy
*Effective May 2, 2022*
Minor revisions have been made to Operational Policy Manual document 17-07-04, Hearing Devices to reflect the updated procurement contracts with hearing device suppliers.
The minor revisions include the creation of a category of authorized hearing aid models that address the needs of most hearing aid users. Pre-approvals are also no longer required when obtaining an authorized model. Instead, a pre-approval must only be submitted when requesting an exception model.
The policy clarifies that the WSIB may collect a prescription for a hearing aid in certain scenarios. There is now also emphasis on the flexibility decision-makers have when considering replacement hearing aids due to loss or theft.
Policy that was in place and effective prior to May 2, 2022:
Comparison document of the revised and prior version:
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Housekeeping changes to Schedule 2 Security Requirement policy
*Effective March 1, 2022*
Operational Policy Manual (OPM) document 12-01-05, Schedule 2 Security Requirement was scheduled for a five-year cyclical review following the last revision in 2016. As a result, housekeeping changes have been made to the policy.
The updates include changing the document number from 12-01-05 to 14-04-01, and moving it to the corresponding OPM section, Employer Collections, which includes other security-related OPM documents. Other changes include updating internal divisional and external organization names, as well as removing hyperlinks and specific webpage names to reduce future changes.
Policy that was in place and effective prior to March 1, 2022:
Comparison document of the revised and prior version:
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Occupational Disease Updates: Scientific Advisory Table Membership and McIntyre Powder
*February 7, 2022*
As part of the WSIBs Occupational Disease Strategy, we are establishing a Scientific Advisory Table on Occupational Disease to support occupational disease policy development. Following the selection process, we are happy to announce the members of the table.
Effective January 27, 2022, Parkinson’s disease has been added as a new occupational disease to Schedule 3 in the General Regulation. Read more about this addition on our McIntyre Powder update webpage.
Minor revision to medical cannabis policy
*Effective February 8, 2022*
A minor clarification has been made to Operational Policy Manual (OPM) document 17-01-10, Cannabis for Medical Purposes. The reference to “palliative setting” in the policy’s definition of “designated condition” has been replaced with “palliative state” to clarify that “palliative” is intended to refer to the state of the person and not a physical setting, such as a hospice.
In addition, several housekeeping changes were made to the policy, including updating the application date and review schedule.
The WSIB has committed to regularly conduct reviews of the scientific and clinical evidence on medical cannabis. Based on the result of an independent scientific review received in 2021, the WSIB determined that the work-related medical conditions listed in the policy continues to reflect the evidence for the therapeutic use of medical cannabis.
For more information on the independent scientific review and/or information on medical cannabis treatment for work-related injuries and illnesses, please visit the WSIB’s medical cannabis webpage.
Policy that was in place and effective prior to February 8, 2022:
Comparison document of the revised and prior version:
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Scheduled Review: Determining Average Earnings – Periodic Payments for Survivors (18-02-09)
*Effective February 8, 2022*
The Operational Policy Manual (OPM) document 18-02-09, Determining Average Earnings – Periodic Payments for Survivors has been revised as part of a scheduled review, as outlined in the 2021 Policy Agenda. The review included consultation with internal partners, review of relevant internal and external policy questions, and a scan for relevant Workplace Safety and Insurance Appeals Tribunal (WSIAT) decisions.
As a result of the review, only housekeeping changes were made.
18-02-09, Determining Average Earnings – Periodic Payments for Survivors
Policy that was in place and effective prior to February 8, 2022:
Comparison document of the revised and prior version:
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Revisions to Pupils in Work Education Programs
*Effective February 8, 2022*
Operational Policy Manual document 12-04-07, Pupils in Work Education Programs has been revised.
The Ministry of Education offers various work education programs where secondary school pupils are placed with employers to gain practical work experience.
The revisions to the policy were made in consultation with the ministry to better reflect the out of province coverage guidance that would generally apply to secondary school pupils if injured or made ill outside of Ontario while participating in a work education placement.
Other minor changes have also been made to align the terminology used in the policy with the ministry’s programs and to further improve its clarity and readability.
Policy that was in place and effective prior to February 8, 2022:
Comparison document of the revised and prior version:
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Employer Classification Manual amendments 2022
*Effective January 1, 2022*
The following Employer Classification Manual (ECM) documents have been amended to ensure accurate classification of wholesale business-to-business electronic markets, trade agents and brokers, and of care attendants directly employed by a private household, while maintaining pre-Rate Framework coverage rules.
2022 benefit rates
*Effective January 1, 2022*
Each year, benefit rates are reviewed and revised appropriately to ensure that people are fairly compensated in a financially responsible and accountable way.
For 2022, benefit rates that have increased are:
- Non-Professional Escort Fee
- Guide and Support Dog Allowance
- Independent Living Allowance
- Meal Allowance
- Personal Care Allowance – General Attendant Rate
- Personal Care Allowance – Personal Attendant Rate
- Personal Care Allowance – Skilled Attendant Rate
- Transportation Allowance
The benefit rates for 2022 are now outlined in 18-01-05, Table of Rates. These rates were posted in advance on December 17, 2021.
Policy that was in place and effective prior to January 1, 2022:
- 18-01-05, Table of Rates (PDF)
Comparison document of the new and prior versions:
- 18-01-05, Table of Rates (PDF)*
2022 indexed values
*Effective January 1, 2022*
Every year, Operational Policy Manual (OPM) documents 18-01-02, Benefit Dollar Amounts - Accidents from 1998 and 18-01-03, Benefit Dollar Amounts - Accidents before 1998 are updated to include the current year’s indexed values. The indexing factor for 2022 is 2.7 per cent.
18-01-02, Benefit Dollar Amounts - Accidents from 1998
18-01-03, Benefit Dollar Amounts - Accidents before 1998
Prior versions
- 18-01-02, Benefit Dollar Amounts – Accidents from 1998 (PDF)
- 18-01-03, Benefit Dollar Amounts – Accidents before 1998 (PDF)
Revision to optional insurance premium prepayments for independent operators, sole proprietors, partners and executive officers
*Effective December 7, 2021*
The WSIB may require advance payment when an independent operator, sole proprietor, partner or executive officer requests optional insurance. The Employer Services Division (ESD) has introduced a standard advance payment amount to streamline the advance payment process.
The following policy has been updated to reflect that an advance payment for an amount determined by the WSIB may be required. The specific dollar amount is provided on the clearances and registration pages at wsib.ca.
The revised policy is effective December 7, 2021.
Policy in place and effective prior to December 7, 2021:
Comparison document of the revised and prior version:
- 12-03-02, Optional Insurance (PDF)*
Revision to special NEER (New Experimental Experience Rating) adjustment in 2021
*Effective November 1, 2021*
The final issue of NEER refunds and surcharges occurred in 2020 and considered accident years 2016-2019. The final review of the 2017-2019 accident years occurred in 2020, rather than the full four year review, as our experience rating programs came to an end in 2020.
In January 2021, we announced that 2017-2019 accident year claims classified as active in the 2020 calculation and drew no benefits between April 1 and September 30, 2020, would be re-classified as inactive and the 2020 calculation would be adjusted as appropriate. Potential adjustments include a rebate increase, reduced surcharge, and/or turning a surcharge into a rebate.
The updated policy language reflects that accident claim years classified as active in the 2020 calculation and either drew no benefits or only drew health care benefits between April 1 and September 30, 2020, will be re-classified as inactive and the 2020 calculation will be adjusted as appropriate.
The revised policy is effective November 1, 2021.
Policy in place and effective prior to November 1, 2021:
Comparison document of the revised and prior version.
Temporary Employment Agency (TEA) transition
*Effective October 1, 2021*
The TEA Transition to the Rate Framework policy has been updated to reflect our revised transition approach for TEAs in 2022, to smoothly transition all TEAs to our rate-setting model following the rate hold in 2021. All TEAs eligible for a rate increase will move a maximum of about five per cent (one risk band) from their current position towards their projected rate as part of the updated approach. All TEAs eligible for a reduction will see decreases to their projected rate, subject to transition costs.
We are currently examining our transition approach for TEAs in 2023 and beyond.
The following revised policy is effective October 1, 2021.
Policy that was in place and effective prior to October 1, 2021.
Comparison document of the revised and prior version.
Operational Policy Manual Updates
*Effective September 21, 2021*
Following a review of existing policies to ensure the Operational Policy Manual (OPM) remains current and supports high-quality, consistent decision-making, six policies have been identified for removal from the OPM.
The following policies are no longer relevant, and have not been used in decision-making for the past 30 years. Moving forward, claims can be adjudicated using the general decision-making policies (OPM documents 15-02-01, Definition of an Accident, 11-01-01, Adjudicative Process, and 11-01-02, Decision-Making) along with the adjudicative support document for infectious diseases.
Previous policies in place and effective prior to September 21, 2021
The following policies are not required to inform decision-making. Claims for these injuries can be adjudicated using the existing general decision-making policies (OPM documents 15-02-01, Definition of an Accident, 11-01-01, Adjudicative Process, and 11-01-02, Decision-Making) and/or by using the Schedule 3 legislative presumption for those conditions that have entries (namely: blisters, caisson disease and tenosynovitis).
Previous policies in place and effective prior to September 21, 2021
- 15-04-13, Rabies (PDF)
- 15-04-14, Poisonings, Foreign Body Ingestion, Ganglions (PDF)
- 15-04-09, Blisters/Calluses and Caisson Disease (PDF)
- 16-01-06, Tenosynovitis (PDF)
Revisions to Chronic Obstructive Lung Disease, Sulphur Dioxide and Particulates Exposure (Smelter Workers) policy
*Effective September 14, 2021*
Operational Policy Manual document 16-02-14, Chronic Obstructive Lung Disease, Sulphur Dioxide and Particulates Exposure (Smelter Workers) which applies to injuries prior to January 2, 1990, has been revised.
The revisions reflect the WSIB’s change in practice to no longer reduce permanent disability benefits for people with claims for chronic obstructive pulmonary disease in relation to smoking. For additional information about the change in practice, see Chronic obstructive pulmonary disease - Discontinuation of smoking offset for non-economic loss benefits.
Other minor changes have also been made to remove outdated elements in the policy and to further improve its clarity and readability.
Policy that was in place and effective prior to September 14, 2021:
Comparison document of the new and prior version:
Pay in lieu of notice of termination and post-injury earnings
*Effective September 1, 2021*
Operational Policy Manual (OPM) document 18-03-02, Payment and Reviewing LOE Benefits (Prior to Final Review) has been revised to clarify the WSIB’s current and longstanding practice to:
- consider pay in lieu of notice of termination (and/or pay received for work during a notice of termination period) as post-injury earnings, and
- exclude severance pay from post-injury earnings.
Clarifying the practice in policy supports consistent, predictable decision-making. It also provides transparency for workplace parties.
Below is the version in place and effective prior to September 1, 2021:
Below is a comparison document of the new and prior version:
Consequential policy revisions related to the maximum for insurable earnings
*Effective January 1, 2021*
On April 14, 2021 An Act to amend the Workplace Safety and Insurance Act, 1997 (Bill 238) received Royal Assent and is effective retroactive to January 1, 2021. The Bill 238 amendments change how the WSIB determines the Schedule 1 insurable earnings maximum for 2021, and allow the government to set the insurable earnings maximum for 2022, as well.
To comply with and support the implementation of these amendments, revisions have been made to seven Operational Policy Manual (OPM) documents.
Several of the OPM documents affected by the Bill 238 amendments also required housekeeping revisions following from the Rate Framework project and the return-to-work policy review. These revisions have been made where applicable.
The following seven OPM documents have been revised and are effective January 1, 2021.
- 12-03-02, Optional Insurance
- 12-04-02, Volunteer Forces
- 12-04-05, Coverage for Unpaid Trainees
- 14-02-08, Determining Insurable Earnings
- 14-02-10, Insurable Earnings - Logging
- 14-02-11, Insurable Earnings - Volunteer Forces
- 14-02-18, Insurable Earnings - Construction
Prior versions
Comparison of revised and prior versions*
Consequential policy revisions related to the rate-setting model
*Effective March 1, 2021*
The following Operational Policy Manual documents have been revised to make minor consequential and housekeeping changes to ensure accuracy and consistency with our rate-setting model.
| Consequential/housekeeping policies | Prior versions | Comparison documents* |
|---|---|---|
| 12-01-01, Who is an Employer? | ||
| 12-02-01, Workers and Independent Operators | ||
| 12-03-03, Who Can Obtain Optional Insurance? | ||
| 12-04-11, Mutual Aid Agreements for Mine Rescue | ||
| 13-02-06, Construction Industry Plan (CAD 7) | ||
| 14-01-01, The Classification Structure | ||
| 14-01-08, Temporary Employment Agencies | ||
| 14-02-07, Employer Non-Compliance Interest and Charges | ||
| 14-02-14, Reinstatement of Accounts | ||
| 15-01-02, Employers’ Initial Accident-Reporting Obligations | ||
Housekeeping policy revisions related to the rate-setting model
*Effective March 1, 2021*
The following Employer Classification Manual (ECM) document has been revised to make housekeeping changes to ensure accuracy and consistency with our premium rate-setting model.
| ECM Housekeeping | Prior version | Comparison document* |
|---|---|---|
| 488511, Marine shipping agencies |
Housekeeping policy revisions related to the return-to-work (RTW) policy review
*Effective March 1, 2021*
New return-to-work (RTW) policies came into effect on November 30, 2020. The following policies have been revised to ensure the accuracy and consistency of the Operational Policy Manual (OPM).
The chart below includes the prior version of each revised OPM document and a comparison document tracking the changes.
Transferring from Schedule 2 to Schedule 1
*Effective March 9, 2021*
Schedule 2 organizations opting to transfer to Schedule 1 were previously treated like new employers and assigned the class premium rate. Their Schedule 2 experience was not considered for premium rate setting purposes.
The WSIB reviewed this approach and determined these employers should be assigned a premium rate based on their Schedule 2 experience. This will ensure all businesses receive fair premium rates that reflect their claims experience.
Schedule 2 employers interested in transferring to Schedule 1 will be required to provide certain information, such as their insurable earnings in Schedule 2 over a six-year period, to allow the WSIB to calculate their premium rate. The calculated premium rate will be assigned to them until they are eligible for a risk adjusted premium rate based only on their Schedule 1 experience.
The following policies are effective March 9, 2021. They have been revised to reflect the approach above and to include minor changes to align with policy formatting guidelines.
Policies that were in place and effective prior to March 9, 2021:
Comparison documents of the new and prior versions:
Housekeeping changes to 14-01-01, The Classification Structure
*Effective January 1, 2021*
On January 1, 2021, changes to Schedule 1 of Ontario Regulation 175/98 came into effect, which splits current subclass G1 into subclass G1 and subclass G6.
The WSIB updated OPM 14-01-01, The Classification Structure (PDF) to reflect the additional class, raising the number of classes from 34 to 35. In addition, the new subclass was added to the policy’s appendix, and subclass G1 was renamed.
Policy that was in place and effective prior to January 1, 2021:
Comparison document of the new and prior versions:
Housekeeping changes to the Employer Classification Manual
*Effective January 1, 2021*
On January 1, 2021, amendments to Ontario Regulation 175/98 came into effect to reflect the splitting of subclass G1. The regulatory change is reflected in the online ECM, and the new subclasses are:
- G1 Residential building construction
- G6 Non-residential building construction
As a result of this addition of a new subclass, two new ECM NAICS were created:
- NAICS 007060, Non-Exempt Partners and Executive Officers in Construction
- NAICS 001191, Supply of Labour to subclasslass G6
In addition, a number of housekeeping changes were required to other ECM documents to reflect the G1 split decision, as well as updating terminology and correcting typos.
The below chart includes the original ECM documents with tracked changes to reflect the housekeeping changes.
Special NEER Adjustment in 2021
*Effective January 1, 2021*
The final issue of NEER refunds and surcharges occurred in 2020 and considered accident years 2016-2019. The final review of the 2017-2019 accident years occurred in 2020, rather than the full four year review, as our experience rating programs came to an end in 2020.
Claims that drew benefits early in 2020, but not later in the year, were classified as active in the NEER calculation. Since there are no future issues of NEER, there is no regular opportunity for their classification to change to inactive, as would have happened previously.
To respond to this issue, the WSIB will identify 2017-2019 accident year claims that were classified as active in the 2020 issue and drew no benefits between April 1, 2020 and September 30, 2020. Any claims identified will be re-classified as inactive and the 2020 issue will be adjusted in 2021 as appropriate. Adjustments may increase a rebate, reduce a surcharge, and/or turn a surcharge into a rebate.
The NEER policy has been updated to reflect this change as well as some minor changes to align with policy formatting guidelines. The revised policy is effective January 1, 2021.
Policy that was in place and effective prior to January 1, 2021:
Comparison document of the revised and prior version:
Policy change related to Emphysema Due to Alpha 1 Anti-Trypsin Deficiency
Under the Genetic Non-Discrimination Act, the WSIB is prohibited from requiring an individual to undergo a genetic test or to require the disclosure of a genetic test result as a condition of providing services to the individual. As a result, Operational Policy manual (OPM) document #16-02-16, “Emphysema Due to Alpha 1 Anti-Trypsin Deficiency” has been rescinded and removed from the OPM.
Previous policy
Policy that was in place and effective prior to January 1, 2021
2021 benefit rates
*Effective January 1, 2021*
Each year, benefit rates are reviewed and revised appropriately to ensure that people are fairly compensated in a financially responsible and accountable way.
For 2021, benefit rates that have increased are:
- Independent Living Allowance
- Personal Care Allowance – General Rate
- Personal Care Allowance – Personal Rate
- Personal Care Allowance – Skilled Rate
- Guide and Support Dog Allowance
- Non-Professional Escort Fee
Operational Policy Manual document 18-01-05, Table of Rates (PDF) has been revised to reflect the benefit rates in effect as of January 1, 2021. These rates were posted in advance on December 16, 2020.
Policy that was in place and effective prior to January 1, 2021:
- 18-01-05, Table of Rates (PDF)
Comparison document of the new and prior versions:
- 18-01-05, Table of Rates (PDF)*
2021 indexed values
*Effective January 1, 2021
Every year, Operational Policy Manual (OPM) documents 18-01-02, Benefit Dollar Amounts - Accidents from 1998 and 18-01-03, Benefit Dollar Amounts - Accidents before 1998 are updated to include the current year’s indexed values. The indexing factor for 2021 is 1 per cent.
- 18-01-02, Benefit Dollar Amounts - Accidents from 1998 (PDF)
- 18-01-03, Benefit Dollar Amounts - Accidents before 1998 (PDF)
Prior versions:
- 18-01-02, Benefit Dollar Amounts – Accidents from 1998 (PDF)
- 18-01-03, Benefit Dollar Amounts – Accidents before 1998 (PDF)
Policy clarifications
Pre-existing conditions and permanent impairments – issued December 15, 2017
* If you need an accessible version of this document, please contact accessibility@wsib.on.ca