Common use of Indirect Responsibility Clause in Contracts

Indirect Responsibility. It provides assistance to the operations in making the appropriate decision. This includes occupational health and safety committee members, human resources, engineering, and safety department. The “Direct” and “Indirect” responsibility will be reviewed yearly with employees. Purpose: To permit employees to return to work while recovering from an illness or injury, and who have restrictions on their physical activities. The Workplace Safety & Insurance Board (WSIB), Early and Safe Return To Work (ESRTW) guidelines are set out in the Workplace Safety and Insurance Board Operational Manual (OPM). This Modified Work Duty Policy will be conducted in accordance with all applicable provincial laws. The term “workplace parties” is defined as those participating individuals including the injured/ill person involved in the administration/assignment of Modified Work and/or Accommodations on‐site at the Mine. It is understood and agreed that all modified work being provided to bargaining unit employees who are employed at the Mine will be explicitly limited to modified work on‐site at the Mine, unless otherwise mutually agreed upon by the Company and the Union. • Employers and workers are obliged under the WSIB Act to co‐operate and be self‐reliant in the worker’s early and safe return to suitable and available employment. The workplace parties are responsible for resolving return to work issues in the workplace. • The workplace parties recognize that the ESRTW/modified work policy is necessary to expedite successful recovery of injured or ill workers. The intent is to maintain the health and welfare of our workforce by being actively involved by offering modified work. • All employees suffering injury or illness may be accommodated according to his capabilities as outlined by the treating physician, including sedentary work and a clean environment. Such an employee being accommodated shall not be assigned to any work in a manner of displacing another employee who holds lesser or greater seniority unless stipulated otherwise in the Collective Agreement or, as otherwise mutually agreed upon by the Company and the Union. • Employees and employer shall communicate and co‐operate in the ESRTW program as soon as possible after a work related injury occurs and maintain communication throughout the period of the worker’s recovery or impairment. • To ensure the integrity of this program, and prior to the employee’s return to work, the attending physician must provide the Company with full details of the employee’s capabilities. Workplace parties will determine what suitable and available duties are within the worker’s functional abilities that can be performed safely. • Employees are expected to participate in the Joint Modified Work Policy program provided for them. Work will be selected which will not aggravate their condition and will gradually return the employee back to his regular work. Efforts will be made to accommodate the worker to his regular on‐site department and shift. • When an employee’s capabilities are suitable to the effect of being physically capable of being provided modified work in his regular department but not necessarily on his regular posted to job or shift, prior to providing such an employee with sedentary work on any particular day or shift, in the case of employees in the Surface Operations Department and the Underground Mining Department, the employee shall be assigned to his respective Surface or General Utilityman Group on a daily shift by shift basis to determine if there are any jobs available to which the employee is qualified on and to which he is physically capable of performing. In the event of there being only one (1) job available, the job will not be mashalled and the employee will be accommodated into this job for the shift. In the event of there being more than one (1) job that the employee is qualified on and physically capable of performing, such jobs shall be marshalled by overall seniority within the respective Group to the extent of the last suitable remaining job not being marshalled and the employee being accommodated into such job for the shift. Such employees being offered modified work in the Underground Mining Department may be subject to the allocation of weekly job vacancies in the General Utilityman Group depending on the employee’s individual physical capabilities and/or any work restrictions related to hours of work and shift schedules. • Employees in the Maintenance Departments shall be suitably provided modified work as per current practice or as otherwise determined by the workplace parties. • Should an employee working in the modified work program develop discomfort or pain while performing work, he shall stop work immediately and report it to his supervisor. The workplace parties will reassess the work assigned and again determine if appropriate modified work is available. • Normally, accommodation on the modified work policy is of a temporary nature, the employee should be capable of returning to work in twelve (12) weeks or less, but the time limit may be extended to meet the employee’s individual healing time. Reassessments may be required by the workplace parties. • Employees returning with permanent restrictions may be permitted to work on light duty until a permanent solution is obtained. The workplace parties are responsible for determining whether a particular job that becomes available is suitable for the worker in accordance with Letter of Understanding #14 – Accommodations in the Collective Agreement. • A written agreement on the early return to work understanding will be issued to the employee on modified work and to his immediate supervisor. Any disputes, which cannot be resolved by the workplace parties, shall be directed to the Union President and Mine Manager. Only after the Union President and Mine Manager have unsuccessfully resolved the issue, will the issue be forwarded in writing to WSIB. If an employee becomes temporarily or permanently disabled as a result of illness, disease, non‐ occupational or a work related injury, the Company and the Union will endeavour to accommodate the employee to the fullest extent of the law. The accommodation will be in his on‐site Department or, if not possible, in another Department on‐site in a job he is able to perform. Such an employee being accommodated shall not be assigned to any work in a manner of displacing another employee who holds lesser or greater seniority unless stipulated otherwise in the CBA or, as otherwise mutually agreed upon by the Company and the Union. It is understood and agreed that all accommodations being provided to bargaining unit employees who are employed at the Mine will be explicitly limited to accommodations on‐site at the Mine, unless otherwise mutually agreed upon by the Company and the Union.

Indirect Responsibility. It provides assistance to the operations in making the appropriate decision. This includes occupational health and safety committee members, human resources, engineering, and safety department. The “Direct” and “Indirect” responsibility will be reviewed yearly with employees. Purpose: To permit employees to return to work while recovering from an illness or injury, and who have restrictions on their physical activities. The Workplace Safety & Insurance Board (WSIB), Early and Safe Return To Work (ESRTW) guidelines are set out in the Workplace Safety and Insurance Board Operational Manual (OPM). This Modified Work Duty Policy will be conducted in accordance with all applicable provincial laws. The term “workplace parties” is defined as those participating individuals including the injured/ill person involved in the administration/assignment of Modified Work and/or Accommodations on‐site at the Mine. It is understood and agreed that all modified work being provided to bargaining unit employees who are employed at the Mine will be explicitly limited to modified work on‐site at the Mine, unless otherwise mutually agreed upon by the Company and the Union. •  Employers and workers are obliged under the WSIB Act to co‐operate and be self‐reliant in the worker’s early and safe return to suitable and available employment. The workplace parties are responsible for resolving return to work issues in the workplace. •  The workplace parties recognize that the ESRTW/modified work policy is necessary to expedite successful recovery of injured or ill workers. The intent is to maintain the health and welfare of our workforce by being actively involved by offering modified work. •  All employees suffering injury or illness may be accommodated according to his capabilities as outlined by the treating physician, including sedentary work and a clean environment. Such an employee being accommodated shall not be assigned to any work in a manner of displacing another employee who holds lesser or greater seniority unless stipulated otherwise in the Collective Agreement or, as otherwise mutually agreed upon by the Company and the Union. •  Employees and employer shall communicate and co‐operate in the ESRTW program as soon as possible after a work related injury occurs and maintain communication throughout the period of the worker’s recovery or impairment. •  To ensure the integrity of this program, and prior to the employee’s return to work, the attending physician must provide the Company with full details of the employee’s capabilities. Workplace parties will determine what suitable and available duties are within the worker’s functional abilities that can be performed safely. •  Employees are expected to participate in the Joint Modified Work Policy program provided for them. Work will be selected which will not aggravate their condition and will gradually return the employee back to his regular work. Efforts will be made to accommodate the worker to his regular on‐site department and shift. •  When an employee’s capabilities are suitable to the effect of being physically capable of being provided modified work in his regular department but not necessarily on his regular posted to job or shift, prior to providing such an employee with sedentary work on any particular day or shift, in the case of employees in the Surface Operations Department and the Underground Mining Department, the employee shall be assigned to his respective Surface or General Utilityman Group on a daily shift by shift basis to determine if there are any jobs available to which the employee is qualified on and to which he is physically capable of performing. In the event of there being only one (1) job available, the job will not be mashalled and the employee will be accommodated into this job for the shift. In the event of there being more than one (1) job that the employee is qualified on and physically capable of performing, such jobs shall be marshalled by overall seniority within the respective Group to the extent of the last suitable remaining job not being marshalled and the employee being accommodated into such job for the shift. Such employees being offered modified work in the Underground Mining Department may be subject to the allocation of weekly job vacancies in the General Utilityman Group depending on the employee’s individual physical capabilities and/or any work restrictions related to hours of work and shift schedules. •  Employees in the Maintenance Departments shall be suitably provided modified work as per current practice or as otherwise determined by the workplace parties. •  Should an employee working in the modified work program develop discomfort or pain while performing work, he shall stop work immediately and report it to his supervisor. The workplace parties will reassess the work assigned and again determine if appropriate modified work is available. •  Normally, accommodation on the modified work policy is of a temporary nature, the employee should be capable of returning to work in twelve (12) weeks or less, but the time limit may be extended to meet the employee’s individual healing time. Reassessments may be required by the workplace parties. •  Employees returning with permanent restrictions may be permitted to work on light duty until a permanent solution is obtained. The workplace parties are responsible for determining whether a particular job that becomes available is suitable for the worker in accordance with Letter of Understanding #14 – Accommodations in the Collective Agreement. •  A written agreement on the early return to work understanding will be issued to the employee on modified work and to his immediate supervisor. Any disputes, which cannot be resolved by the workplace parties, shall be directed to the Union President and Mine Manager. Only after the Union President and Mine Manager have unsuccessfully resolved the issue, will the issue be forwarded in writing to WSIB. If an employee becomes temporarily or permanently disabled as a result of illness, disease, non‐ occupational or a work related injury, the Company and the Union will endeavour to accommodate the employee to the fullest extent of the law. The accommodation will be in his on‐site Department or, if not possible, in another Department on‐site in a job he is able to perform. Such an employee being accommodated shall not be assigned to any work in a manner of displacing another employee who holds lesser or greater seniority unless stipulated otherwise in the CBA or, as otherwise mutually agreed upon by the Company and the Union. It is understood and agreed that all accommodations being provided to bargaining unit employees who are employed at the Mine will be explicitly limited to accommodations on‐site at the Mine, unless otherwise mutually agreed upon by the Company and the Union.