3620 Flashcards
Define disability case management.
A collaborative team process linking an employer with workers, labour union representatives, and service providers to prevent disability or to minimize its impact through early intervention, support, and resource coordination, optimizing recovery, and facilitating prompt return to work.
List three reasons why early intentions when workers are absent due to illness/injury should be targeted and not overzealous.
1,
Simple impairments will resolve quickly without active management. There cases will almost all return to work on their own.
2,
Excessive involvement of case management can erode the worker-supervisor relationship, resulting in the worker treating the OHS practitioner as their supervisor.
3,
Unnecessary use of resources that could be better used elsewhere.
List and describe four reasons it would be beneficial for an organization to have a disability management program.
- cost reduction
reduces cost, both direct and indirect, associated with injuries and illnesses - compliance with the law
especially with respect to due diligence and duty to accommodate - aging workforce
with no mandatory retirement, people are working longer and we know it can take longer for an older worker to recover from injury - skilled worker retention
supporting a worker staying at work while they recover from their injury maintains the knowledge and expertise of that worker
List three direct and indirect costs associated with disability claims.
DIRECT:
wages, pensions, insurance administrative fees, health care/medical costs, rehabilitation costs
INDIRECT
loss of productivity, supervisor’s time managing the absence, overtime to cover the absent worker, increased training costs to train people to do the work, increased administration time to manage the claim
To be successful, a comprehensive disability case management system must demonstrate five key components. List and describe the five components.
1, Early intervention — the longer someone is away from work, the less probable it is they will ever return
2, A workplace-driven process — the employer and the employee are most familiar with the workplace, the jobs available, the demands of the job, and how best to adapt those jobs to accommodate a recovering worker
3, Multi-disciplinary team approach — there are a variety of stakeholders in the disability case management process and working together for the best outcome is key
4, Worker identity and workplace relationships — maintaining the occupational bond while the worker is away is important in supporting recovery and facilitating return to work when ready
5, Effective, efficient use of resources — it’s important to maximize results while containing costs; a formal program in place will support this process
Workers away from work are often dealing with pain and suffering. What are some other human costs associated with an injury that removes someone from the workplace?
- fear of re-injury
- multiple doctor and service provider visits
- financial demotivation — especially if the disability benefit is close to pre-injury wages, it can be less expensive to stay at home: no parking charges, bridge tolls, gas costs, transit costs, day care, pleasure car insurance versus driving to/from work
- dependency on prescription medications — with long-term use of prescription medication, the worker can become dependent on it for symptom relief
- family issues — increased strain on relationships due to worker’s limitations and inability to do usual things around the home, dealing with the mood changes due to pain or lack of sleep
- loss of identity — people are what they do and when the work is removed, often people no longer know how to define themselves
- lifestyle adjustment — sleeping later, staying up later
- strained working relationships — the worker feels disconnected and no longer part of the team, so stops communicating with supervisor and/or co-workers
Who are the key players in the case management team? List 6.
- disabled worker
- supervisor or manager
- physician
- insurance representative
- union representative
- treatment providers
What are the 3 steps for determining whether a discriminatory standard is a BFOR (bona fide occupational requirement) as set in Meiorin vs. BCGEU)?
1, That the employer adopted the standard for a purpose rationally connected to the performance of the job;
2, That the employer adopted the particular standard in an honest and good faith belief that it was necessary to the fulfillment of that legitimate work-related purpose; and
3, That the standard is reasonably necessary to the accomplishment of that legitimate work-related purpose. To show that the standard is reasonably necessary, it must be demonstrated that it is impossible to accommodate individual employees sharing the characteristics of the claimant without imposing undue hardship upon the employer.[4]
What 6 factors should be considered when determining undue hardship on an employer with regards to accomidation?
- Financial Costs
- Disruption of Collective Agreement
- Morale of Other Workers
- Interchangeability of Work Force and Facilities
- Size
- Safety
What are three criteria used by most workers compensation boards to determine if temporary selective employment is appropriate for an injured worker?
- Worker must be capable of undertaking some form of safe, suitable employment.
- The work must be safe, not harming the worker or slowing their recovery. It must be within the worker’s medical/physical limitations and abilities.
- The work must be productive and meaningful.
SOME WBCs (like BC) also add
- Worker must agree to the selective employment (WCB officers intervene with disputes)
What is FIPPA?
Freedom of Information and Protection of Privacy Act
BC legislation for the public sector.
What is PIPA?
Personal Information Protection Act
BC legislation for the private sector.
Working within the disability case management system involves working within a set of rules. Name the four main pieces of legislation that govern both the employer and the worker.
1, Human Rights
Canadian Human Rights Act (federal)
BC Human Rights Code (BC provincial)
2, Privacy
PIPA and FIPPA
3, Workers Compensation
WCA
4, Occupational Health and Safety
OHSR
Define discrimination and list as many protected grounds as you can.
Discrimination is when an individual or a group of individuals have been singled out and treated adversely or differently from others due to group characteristics.
Characteristics:
- race
- colour
- ancestry
- place of origin
- religion
- disability
- sex (gender)
- sexual orientation
- age
- political belief
- marital status
- summary conviction offence unrelated to employment
There are two types of discrimination: direct and indirect. Explain each.
DIRECT
Obvious discrimination. Discriminatory at face value.
Example, not hiring a person because he is male.
INDIRECT
Neutral at face value, but has an adverse effect on a group based on a prohibited ground.
Example, requiring hard hat for safety could discriminate against religions that require headwear.
What is the duty to accommodate?
Legal obligation to accommodate up to level of undue hardship.
Accommodation means altering a job to remove discriminatory effects.
Describe the six undue hardships for an employer that could be valid reasons not to accommodate a worker.
1, financial cost
2, disruption of collective agreement
3, morale of other workers
4, interchangeability of workforce and/or facilities
5, size of the organization
6, safety
What is a bona fide occupational requirement?
A job requirement that is both:
- Essential to the job
- Objectively related to the performance of the job
What is the three-part Meiorin test?
Meiorin Test
- three-step test
- determines if requirement was bona fide
1, Purpose is rationally connected to job performance
2, Adopted in an honest and good-faith belief that necessary to work.
3, Reasonably necessary and accommodation not possible without undue hardship
What does the SMARTER acronym stand for?
Simple/Specific
Measurable
Achievable
Realistic
Time-Limited
Evaluated
Recorded
To start designing a disability management program, you need to ask three questions first. What are they?
- What has happened in the past?
- What is happening now?
- What should the program address?
Performing a needs analysis requires gathering information and analyzing what was collected. What six areas do you collect information from?
1, claims management process
2, case management and return-to-work history
3, costs and disability trends
4, links to other health programs
5, human resources policies and practices
6, workplace or corporate culture
Considering the type of information you need to gather for your needs analysis, where might you find the information?
- Statistics
reviewing occupational and non-occupational injury/illness statistics - Worksite Visits
conducting worksite visits - Interviews
interviewing key people; supervisors, union representatives, workers off work due to injury or illness, workers who have returned to work after injury/illness, insurance representatives, benefits and/or HR staff, occupational health and safety staff
Developing a disability case management program involves eight steps. List the steps.
1, needs analysis
2, strategic analysis
3, vision statement
4, objectives
5, structure of the program
6, roles/responsibilities
7, documented policies/procedures
8, evaluation process
Corporate culture is defined as a system of shared beliefs and values that develops within an organization and guides the behaviour of its members. Aside from what people say, how else could you get a feel for the workplace culture?
- history of strikes (both legal and wildcat), walkouts, sabotage, work to rule
- number of grievances
- safety and accident frequency rates
- number and duration of workers’ compensation claims
- number and duration of sick leaves
- level of turnover
- level of employee productivity and engagement
What is the benefit of a joint union–management disability case management program?
The program requires buy-in and participation from both parties to work together for the best outcome for the employee. Working together for a common goal helps form collaborative relationships.
What is the role of the union in a disability case management program?
- aid in program development
- aid in promotion and communication about the program
- advocate for employees
- provide resources
- assist in the day-to-day administration
- represent the employee population and understand the perceptions of the workforce
List three examples of proactive health and safety programs that influence disability management.
- health promotion
- safety and prevention
- occupational hygiene
List four examples of reactive health and safety programs that influence disability management.
- sick leave
- short-term disability
- long-term disability
- workers’ compensation benefits
What is health promotion? What is the value of health promotion in a disability management program?
Health promotion programs provide workers with information, education, and motivations for taking responsibility for their health both at work and at home. Examples of health promotion include health fairs, wellness challenges, lunch and learn sessions on various health topics, promotion of healthy eating, and education on medical issues such as hypertension. The value of the program is that it is focused on the general health and well-being of workers, and supports their responsibility to be healthy overall and not miss work due to the development of chronic illnesses preventable through lifestyle choices.
