A recent article in the Toronto Star proclaimed coming
changes to Ontario’s WSIB regime as being almost a game
changer in the way that the government will be approaching
workplace injuries going forward. The headline read “New
Law to make employers accountable for temp worker
injuries” and the article explains that the government
will now, on the heels of a Toronto Star investigative article, be
moving to resurrect amendments to the WSIB regime that allow the
costs of temporary workers’ workplace injuries to be
allocated to the workplaces where the injuries happen, instead of
to the temp agencies.
Insofar as WSIB premium costs are concerned, the article is
right. In the larger scheme though, it’s not. This is because
the article reflects a common misunderstanding that many in the
industry have held for years. Namely, that businesses are able to
eliminate their liability exposure by contracting their work out.
After all, if a worker isn’t a direct company employee,