CANADA Workers Comp Will Be Covered for Temporary Work for Flu Outbreaks

Nova Scotia Signs “Good Neighbor Protocol”

In a bid to boost pandemic preparedness by facilitating labor mobility during times of emergency, the Nova Scotia government has signed a ‘Good Neighbor Protocol’ with seven unions. Healthcare employees now are assured of the status of their workers’ compensation coverage when called to work temporarily at another workplace.

The agreement “confirms how health human resources will be shared across the province and how healthcare providers will be compensated and protected while responding to an emergency that impacts the health care system,” the province’s Department of Health noted.

The protocol clears up important questions that, left unanswered, could imperil labor mobility. For instance, the deal removes uncertainty by stating that healthcare workers who volunteer to temporarily work outside of their regular workplace will continue to be covered by the provisions of the Workers’ Compensation Board of Nova Scotia. As well, they will continue to receive their regular pay, benefit accrual, pension and so forth.

“Having the right mix of health care providers in the right place when we need them is the foundation of this agreement,” Nova Scotia health minister Maureen MacDonald said in a statement, adding the protocol is part of the province’s response plan for the current H1N1 flu pandemic.

Effort Initiated Following SARS Pandemic in 2003

The Nova Scotia Government and General Employees Union (NSGEU), which initiated the protocol effort in 2003 following the SARS (severe acute respiratory syndrome) pandemic, describes the protocol as “historic” and says it “will make it easier for the province’s healthcare workers to do what they do best during emergencies: help people.”

Joan Jessome, NSGEU president, notes that during the SARS crisis her union’s members had many questions about travelling to Ontario to work. “We couldn’t tell them if they were going to be protected or who may be paying them, among other things,” she says.

Similar questions were applicable even if workers were only temporarily transferred within Nova Scotia, prompting the NSGEU to create a draft protocol. Jessome says the protocol only began to receive widespread support from organized labor within the last year or so. “It wasn’t going to work if it was just us signing it. We really did need to bring the other unions onboard,” she added.

A significant labor concern, which Jessome says was addressed, was that workers might be forced to temporarily transfer against their wishes. Under the protocol, both the employee and employer must consent to the transfer.

“We had to be very clear about that,” added Janet Hazelton, president of the Nova Scotia Nurses’ Union (NSNU) and a signatory to the agreement. The deal is important because it gives health care workers peace of mind when it comes to workers’ comp and other financial issues, according to Hazelton.

The protocol also weighs in on the provision of personal protective equipment (PPE), stating that transferred workers will receive appropriate PPE and related training. (workersxzcompxzkit)

Apart from the NSGEU and NSNU, five other unions signed on to the protocol: Canadian Union of Public Employees (Nova Scotia), Canadian Auto Workers, Canadian Union of Postal Workers, Service Employees International Union Local 902, and the International Union of Operating Engineers Local 727. The Nova Scotia Federation of Labour.

Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: [email protected] or 860-553-6604.

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