b'with mental health issues who may be in crisis or evenInterestingly,thecoronerspanelfoundthatthe violent. The panel found that this often leads to a desirepresumptiveness of PTSD amounted to a double-edged amongst officers to disassociate with people suffering asword. If a claim was denied, colleagues may perceive mental illness and deny any problem with themselvesthe member as malingering. The denial of coverage may and/ordisillusionmentwithtreatmentefficacy.This,also result in withdrawal from treatment due to the cost. combined with the got your back environment, leadsAlso, the more open path to PTSD may narrow access for to a suppression of symptoms or exaggerated wellness. generalized mental health needs and other occupational Thereportfoundwhatitcalledthreepathwaystostress injuries such as depression, anxiety disorders and substance abuse.officer suicide:Althoughmanypoliceserviceshaveexperienced acute mental health issues often associated with significant difficulties in facilitating the return of mem-substance abuse; lost or diminished access tobers absent for PTSD, the WSIBs stated goal is an early timely, quality care coupled with effective treat- return to work. This is important because the majority of ment and support; and successful workplace reintegrations appear to occur in the actual or perceived emotional disconnection fromfirst six to nine months. The longer the return to work isfamily, friends and the service, coupled with adelayed, the less likely the member will ever return.precipitating event at work, but more commonly inTheemployer,ofcourse,hasadutytore-employ personal life. injured officers (see section 41 of the Workplace Safety The report also identified several pathways to betterand Insurance Act, 1997), failing which it is liable for a outcomes for the policing sector, including: penalty equal to the workers benefits. Employees also have a reciprocal duty to co-operate under section 40 of normalize mental health challenges; the act, failing which their benefits may be reduced. Themanage risk points in transition, especially at theemployers duty to accommodate a mental health dis-ability, much like any other disability, is triggered when first return to work point; requested(andsubstantiated)bythemember.Therecontinuing access to quality care/treatment; may be circumstances where the employer suspects a enhance resourcing/staffing to mitigate burnout; disability based on significant behavioural changes which may trigger a duty to inquire (Krieger v. Toronto Police manage suicide repercussions on colleagues/ Services Board, 2010 HRTO 1361). family; and Thedutytoprovidereasonableaccommodation sector-wide collaboration on mental requirestheindividualizedassessmentofmemberhealth resources. needsanddependsuponcompliancewithreciprocal, PTSD, WSIB & Accommodation multi-partyobligations.Thatis,thememberseeking the accommodation, the association, the employer and One of the more pressing mental health issues in policingmembers impacted by the accommodation.is post-traumatic stress disorder (PTSD), both from theIn discharging this duty, the employer must first iden-perspective of officer health and deployment pressurestify whether the disability is mental or physical in nature. on police services coping with budgetary restraints andThe employee is obliged to furnish sufficient medical or staffing shortages. In May 2013, the American Psychiatricother evidence regarding their restrictions and limitations AssociationreleasedtheDSM-5andeasedthecriteriaand the prognosis for recovery. The employer must then forestablishingPTSDtorecognizerecurrentworkplaceassess what may amount to a reasonable accommodation, exposures affecting police officers and emergency per- seeking input from the employee and the association, sonnel. The requirement that onset be a response to aand considering first the home role. If modifications to traumatic event involving intense fear, hopelessness orthat role are not reasonably possible, then the search for horror was removed. accommodation must widen to the organization.In conjunction with this change, presumptive illnessTheaccommodationexercisemayevenrequirethe legislation was passed in Ontario and the Workplace Safetypolice association to allow for an override on seniority & Insurance Board (WSIB) established Policy 15-03-13,rights. In York Police Services Board and York Regional PTSD in First Responders and Other Designated Workers.Police Association, 2019 CanLII 11120 (ON LA), the arbi-Pursuant to such policy, a PTSD diagnosis is presumedtrator upheld a policy which negated job postings rights to have arisen out of and in the course of employment,where a vacancy could provide permanent accommoda-unlessthecontraryisshown,forexample,thatthetion through direct assignment. The arbitrator did caution officers employment was not a significant contributingtheemployertoconsultwiththeassociationbefore factor to onset. implementing the policy.14 H.Q. Winter 2019/20'