b'UPDATEOSWCA ADVOCACY AND INITIATIVESThe Ministry expects drinking water systems to begin using the new procedure based on timelinesTHE ASSOCIATION HAS BEEN WORKING identified within their Permit. Why was the WatermainTHROUGH OUR CONSTRUCTION EMPLOYER Disinfection Procedure updated? COALITION (CEC) TO ADVANCE FIVE Ontarios Watermain Disinfection Procedure (WDP), first published in 2015, replaced the AmericanRECOMMENDATIONS TO THE WSIB BOARD Water Works Association (AWWA) Standard C651 as a requirement in municipal approvals for theRELATED TO EMPLOYER RELIEFdisinfection of watermains. The first version of the Watermain Disinfection Procedure focused more on repairs of watermainsarbitration or adjudication. As(i.e., claims which, but for the in order to bring a consistentsuch, the supplier must pursueCOVID-19 crisis, would have been approach to watermain repairs inthe legal channels for said matter;brought to a close, resulting in Ontario. After implementationhowever, if a supplier engages inextending loss-of-earnings benefit of the procedure, Operatinglitigation against the buyer, thepayments indefinitely). All of these Authorities contacted the Ministrybuyer may consider disqualifyingrecommendations are consistent to indicate the need to betterthat supplier from participating inwith the Ontario Jobs and define the requirements forfuture procurement opportunities.Recovery Committee mandate, disinfection, commissioning, andNot only has the frequency of suchand are provided to ensure the documentation for new watermainstactics increased exponentially,WSIBs policies and procedures in Ontario. Revisions to thebut too, such clauses are beingrespond to the impacts that busi-procedure were developed byemployed by public buyers thatnesses and employees are facing the Ministry in consultation withhad not resorted to the use of suchas a result of this fast-moving municipal drinking water systemtactics in the past.and unprecedented health and owners, operating authorities and the Ontario Water Workseconomic crisis. Association (OWWA). The updatedIn response to these ongoing procedure also includes changesconcerns, the AssociationThe WSIB Executive has to the watermain repair sectionscontinues to advocate for theannounced that there will be based on comments received aboutOntario government to contem- no premium rate increases for the first version. plate the approach adopted by the2021. In response to the current Manitoba government. That is,environment, the WSIB is holding declaring a zero-tolerance policyall 2021 employer premium rates LITIGATION EXCLUSIONfor obstructionist trade practices,at 2020 levels. However, the insur-CLAUSESincluding the use of arbitraryable earnings ceiling will increase As public buyers began toreprisal clauses in tendering7.8 per cent, from $95,400 navigate the COVID-19 economicand procurement. to $102,800. Understanding recovery process and manageconstruction as a high-wage their current fiscal position, manyindustry, this increase in the municipalities began engaging inEMPLOYER RELIEFceiling will increase construction cost-saving tactics which intimidateRECOMMENDATIONS premiums by over $50 million, contractors out of pursuingThe Association has been workingwhich is entirely inconsistent legitimate legal claims, in fearthrough our Constructionwith the recently announced of being prevented from biddingEmployers Coalition (CEC) torate freeze and government on future public infrastructureadvance five recommendationsobjectives more broadly. Although works. Such tactics are referredto the WSIB Board related tothe insurable earnings ceiling to as litigation exclusion clausesemployers relief, specifically, toincrease is a technical concept, (exclusion clauses). modify its current policies andsimply put, employers will now programs which are inconsistentpay WSIB premium rates on up to Increasingly, following thewith the COVID-19 environment.$102,800 of each employees salary COVID-19 outbreak and theThe five recommendations are asmaking at or above the increased increased costs and decreasedfollows: (1) cancel 2020 experi- ceiling. Through the CEC, the production associated with theence rating surcharge; (2) delayAssociation has been urging the pandemic, these clauses areimplementation of Rate FrameworkWSIB Board of Directors to exer-being used to persuade supplierstransition plan; (3) waive 50 percise its statutory power to advise into reconsidering pursuingcent of 2020 WSIB premiums forand present a formal motion to legitimate claims. That is, publicsmall employers; (4) delay collec- government which would include buyers are informing supplierstion of past-due accounts; and (5)the following legislative amend-with outstanding claims that theexamine the impacts of COVID-19ment: a one-year exemption to the buyer will not consider mediation,in extending loss of earningsceiling calculation.H 2 OSWCAFall 202011'