b'COVID-19 EMPLOYER REPORTING OBLIGATIONSclaims. The construction employerat work, but they are not ill at may object to the claim in writingthat time (they do not have a to the WSIB and prove that theconfirmed diagnosis or symptoms injury occurred outside of work orof COVID-19), the WSIB is asking not in the course of employment,that they do not file a claim. The but that is a matter of determina- WSIA does not provide coverage tion of their claim. The employersfor workers who are symptom-free right to object does not relieveeven when quarantined or sent them of their initial duty to reporthome on a precautionary basis. the illness. Once Form 7 has been submitted, s. 21(4) imposes a duty on the employer to give aONTARIOS HEALTH copy of the notice to the workerPROTECTION AND at the time the notice is given toPROMOTION ACT (HPPA) the Board.The HPPA does not specifically address reporting obligations for Employers may face a financialconstruction employers, but rather penalty as well as prosecution foraddresses broader reporting obli-not reporting, reporting late, notgations imposed on health care giving all the details requested,professionals and other specified giving false or inaccurate details,individuals. Part IV of the HPPA and discouraging their employees(ss. 25-31) imposes legal reporting from reporting a workplace injuryobligations on specific groups of or illness.individuals, such as physicians, practitioners, nurses, hospital Furthermore, s. 152(3) of theadministrators, superintendents of WSIA provides that an employerinstitutions, school principals, and who fails to comply with s. 21 islaboratory operators. Pursuant to guilty of an offence, and s. 158(1)the HPPA, these individuals must exposes a person convictedreport to public health authorities of an offence liable to thewhen they encounter a patient following penalty:who has or may have a disease of public health significance or a communicable disease. Hows your1. I f the person is an individual, he orRegulation 135/18 (Designation she is liable to a fine not exceeding $25,000 or to imprisonment notof Diseases) distinguishes driveability? exceeding six months or to both.between three types of diseases: (1) a disease of public health 2.If the person is not an individual, thesignificance, (2) a communicable With the SELFLEVEL disease, and (3) a virulent disease.person is liable to a fine not exceeding COVID-19 would fall in the access assembly,$500,000.category of diseases caused by a novel coronavirus (such as SARS and drivers will appreciateSection 158(2) states that any fineMERS), which the Regulation the smooth ridepaid as a penalty for a convictioncharacterizes as both a disease of under the WSIA shall be paid topublic health significance and a and youll appreciatethe Board and shall form part ofcommunicable disease. Thus, all the insurance fund.of ss. 25-31 are applicable in the prolonged road life. context of COVID-19 reporting. REPORTING FOR COVID-19There is a distinction between a INFECTION ATWORKdisease of public health significance and If a worker contracted COVID-19a communicable disease. All commu-while at work and they havenicable diseases are diseases of a diagnosis or symptoms ofpublic health significance, but not COVID-19, they must inform theirall diseases of public health signifi-employer immediately about theircance are communicable diseases. illness and any medical treatmentAt first glance, this distinction they received. They may furthermay seem insignificant in the file a claim to determine if theycontext of COVID-19 reporting are eligible for WSIB coverage.since COVID-19 is characterized Visit ejco.comA diagnosis of COVID-19 will beas both. needed to support a claim. or call 519 448 3395 The importance of notifying Made in the USA If a worker believes they werepublic health authorities of the exposed to COVID-19 whileexistence or suspicion of a disease 22 H 2 OSWCAFall 2020'