The OPM No. 15-01-02 (Employers' Initial Accident Reporting Obligations) expressly provides for cases in which the employer must report a work-related injury to the WSIB through a form containing sufficient information to enable a claim to be initiated.

The reporting obligation is triggered primarily when the worker requires medical assistance and/or is absent from regular work, earns less than regular pay for regular work (e.g., part-time hours), requires modified work at less than regular pay, or requires modified work at regular pay for more than seven calendar days following the date of the accident.

The OPM, which initially provided for an obligation to report an accident within seven working days, has been revised to align with the legal requirement for companies to notify the WSIB of an injury within three business days (Monday to Friday, statutory holidays not included) of becoming aware of the reporting requirement. 

It also stems from the fact that, with digitisation, the filing of complaints is almost no longer by post, so a deadline of three days is no longer necessary.

Employers must comply with this new obligation to avoid penalties for late reporting, ranging from $250 up to $1,000 for accidents reported after more than 30 calendar days.

In addition, separate penalties of $250 may apply in the event of incomplete reporting or if the employer fails to respond to subsequent requests for information from the WSIB.

Failure to comply with the reporting obligation may also be prosecuted as a criminal offence under the Workplace Safety and Insurance Act of 1997. 

Employers must be prompt in verifying and reporting accidents when necessary to comply with the new policy and the law.