Consultation begins on draft operational policies for mandatory coverage for the construction industry
Beginning January 18, 2010, the WSIB is inviting comments from the public on four draft operational policies related to implementing mandatory coverage for the construction industry.
We will accept submissions until March 31, 2010.
We will also be introducing a new eService concept for Clearance Certificates. Watch our short presentation on how the eClearance system will work for you.
We developed the draft policies to help provide a solid and clear platform for fair and consistent application of the requirements under Bill 119, an amendment to the Workplace Safety and Insurance Act. These policies provide details on how this legislation will be administered.
We seek input on four draft operational policies: Expanded Compulsory Coverage in Construction, Insurable Earnings – Construction, Offences and Penalties – For Compulsory Coverage in Construction (effective January 1, 2012 to December 31, 2012) and Certificate of Clearance. There are also proposed changes to the Certificate of Clearance policy to be implemented in 2010 affecting all employers in any industry who use clearance certificates.
Draft policies
We are consulting on the following policies:
- Expanded Compulsory Coverage in Construction Policy (new 2012) (209k, pdf) Draft operational policy provides key definitions, status declaration requirements, requirements to register for commercial work, declaration of exemption requirements, reporting obligations a separate classification for premium reporting for those non-exempt EOs or partners not engaging in construction work.
- Insurable Earnings - Construction Policy (new 2012) (220k, pdf) Draft operational policy provides key definitions, methods for determining the insurable earnings of workers, individuals retained as a contractor or subcontractor and deemed worker, verifying and auditing the insurable earnings provided.
- Offences and Penalties – For Compulsory Coverage in Construction (effective January 1, 2012 to December 31, 2012) (136k, pdf): Draft operational policy provides for a specific time period, when an employer or individual is non-compliant with the new Compulsory Coverage in Construction registration and certificate of clearance requirements where the WSIB will waive penalties and/or refrain from investigating and/or laying applicable provincial offences charges.
The Certificate of Clearance policy has been broken into two parts because the WSIB plans to roll out an eClearance system in 2010.
- Certificate of Clearance Policy 2010 (eClearance) for all employers (161k, pdf): Principals, contractors and subcontractors for all industries will be able to obtain and verify the authenticity of certificates of clearance online through the WSIB website using the new online eClearance system. The policy proposes to extend the validity period from 60 days up to 90 days.
- Certificates of Clearance in Construction 2012 (new) (184k, pdf): Draft operational policy provides key definitions, exemptions and exceptions for releasing clearance certificates, obligations and liability, authentication, validity and retention periods.
On January 18, 2010, we sent out a letter to stakeholders (149k, pdf) about the consultation. Feedback received from the written submissions will be considered in developing the final operational policies.
Submissions
Written comments on the draft operational policies are due by March 31, 2010.
Please send your comments, feedback or questions to: Bill119@wsib.on.ca or call 416-344-4145 or toll-free at 1-800-387-0080, ext. 416-344-4145. You can also send inquiries to our TTY number: 1-800-387-0050.
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