Canadian HR Reporter

CANADIAN HR REPORTER March 6, 2017 FEATURES 15 ORDER YOUR COPY TODAY! Visit carswell.com or call 1.800.387.5164 for a 30-day no-risk evaluation THE MOST COMPLETE DIRECTORY OF ONTARIO LAWYERS, LAW FIRMS, JUDGES AND COURTS Ontario Lawyer's Phone Book is your best connection to legal services in Ontario with more than 1,400 pages of essential legal references. You can depend on the accuracy of this trusted directory that includes the most up-to-date names, phone numbers, mailing addresses and emails so you don't have to search anywhere else. 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(prices subject to change without notice) ONTARIO LAWYER'S PHONE BOOK 2017 DISABILITY MANAGEMENT Turning challenges into opportunities Formalization, integration key elements of effective disability management programs By Dianne Dyck H aving too many employ- ee absences can weaken an employer's founda- tion, leading to concerns over smooth business operation and a strong and consistent work- place culture. But there are ways to minimize the impact of the bumps in the road caused by ab- sences and modified work from employee disabilities — such as effective disability management programs. Only a few Canadian employers know the real cost of disability. Just 54 per cent track employee casual absences, according to a 2013 Con- ference Board of Canada report, while only 27 per cent track em- ployee disabilities, according to a 2007 survey by Hewitt Associates. And even fewer employers (22 per cent) use that information to deter- mine the related costs, outcomes and impact, according to a 2011 Towers-Watson survey. Hence, only a small number of employ- ers use targeted prevention and mitigation strategies to effectively address medical absences. So, let's look at potential obstacles: Obtaining information: Em- ployers, as per Canadian human rights legislation, have a legal duty to inquire about the nature of an employee's real or perceived disability, along with the related prognosis, expected return-to- work date, and possible residual work limitations. This means there's a need for suitable commu- nication vehicles, such as a policy on early intervention and case management, a report of absence form, a Job Demands Analysis of the employee's "own job," and a Functional Abilities Form. Many employers do not use these tools. Without the above information, the provision of reasonable ac- commodation is challenging, if not impossible. Psychological disabilities: e incidence of psychological disabilities and disorders has in- creased, and the workplace mir- rors this occurrence. ese costly disabilities are estimated to be twice the price of physical disabil- ity situations and more challeng- ing to resolve because of: • employees trying to work through a psychological illness or injury • the difficulty in getting the right treatment • the lack of psychologically safe and healthy workplaces • employees in support services being positioned as standalone, "siloed" programs as opposed to being integrated. Time lags in medical care: Medical time lags are common, especially in rural and remote ar- eas. A related issue occurs when an attending physician conserva- tively treats the employee's illness or injury, despite little evidence of recovery. The outcomes are lengthy work absences and de- layed return-to-work experienc- es. Having access to a disability management service provider can facilitate care though the avail- ability of their network of health- care practitioners. Unfortunately, few employers have arranged for this type of mitigation. Why is this a common occur- rence? Health-care practitioners receive a one-sided viewpoint of the "job" and work environment. Many employers just accept a "medical certificate" as opposed to providing the health-care practitioner with a Job Demands Analysis of the employee's job, and requesting that a Functional Abilities Form be completed. Secondly, the right informa- tion is often being asked from the wrong health-care practitio- ner. Physicians treat and cure, but are limited in their ability to quantify an employee's physical or psychological capabilities. If seeking that type of information, the Functional Abilities Form should be sent to a physiothera- pist, occupational therapist or psychological counsellor. Com- petent disability management case managers can facilitate em- ployer access to timely and accu- rate medical information. Employer opportunities To turn these challenges into op- portunities, the employer must understand the issues, provide leadership, and create a support- ive corporate culture and work environment. Upstream action is extremely effective at pre- venting unwanted downstream consequences: Adopt a joint labour-manage- ment approach to attendance control and disability manage- ment. Employers working with their unions can design, imple- ment, evaluate and continuously improve their attendance con- trol and disability management efforts. Formalize the disability management program (DMP). e "cornerstones" of a program include: • Early intervention: An employ- er-initiated response aimed at keeping an ill or injured employ- ee connected to the workplace and preventing medical absence in the first place. Early interven- tion decreases the number of sick days and increases the like- lihood of successful and sustain- able return to work. • Claims management: e admin- istration of income-loss claims through employee benefit insur- ance plans (short-term disability, workers' compensation and long- term disability insurances). • Case management: e assess- ment, planning, implementation, co-ordination, monitoring and evaluation of services available to meet an employee's health needs. Focusing on competent disabil- ity case management greatly im- proves the organization's DMP outcomes. • Return-to-work planning: A "so- cially fragile process" in which the returning employee, super- visor and co-workers face the challenge of renegotiating work relationships and duties. Work accommodation must be mutu- ally beneficial; it must meet the employee's capabilities and the organization's business needs. • Return-to-work placement: Ide- ally, employees should return to their own job — a known posi- tion in which they can excel and receive co-worker support. e placement must be monitored to ensure that recovery is realized; an action rarely undertaken by employers. • Confidentiality: In managing employee personal health in- formation, all individuals are legally required to protect its confidentiality. • Documentation: For disability claim management, case man- agement and return-to-work planning and placement, docu- mentation is crucial. It enables monitoring of the employee's recovery and return-to-work outcome, and demonstrates the organization's duty to accommo- date due diligence. • Program evaluation and con- tinuous improvement: Data col- lection and analysis enables the employer to understand the true cost of disability, and identify im- provement opportunities. • Ethical disability management practice: e ethics of the disabil- ity situation must be objectively weighed so the decision-making is rational and based on facts, rather than emotional issues. • Legal compliance: Disability management is impacted by law. Stakeholders must be aware that specific acts and regulations change; they should obtain legal counsel to ensure they have the most current case law informa- tion when setting up programs or dealing with specific disabil- ity cases. Create an integrated dis- ability management program. Employers that have created an integrated program have achieved strong performance outcomes, such as reduced employee group benefit. is involves: • Maximization of organizational resources and expertise: Link- ing the HR program, attendance control programs, disability management program, occupa- tional health and safety program, and employee assistance pro- gram into an integrated disability management program. • Disability management practi- tioner expertise: Position these practitioners to guide, steward and govern the organization to be able to effectively and effi- ciently control absenteeism and manage disability. • Competent disability case man- agers are vital to the successful and sustainable recovery and return-to-work process. Evaluate the program: The disability management program has to be regularly evaluated to ensure it is delivering value. For this to happen, the organization has to establish program goals, objectives, action plans and per- formance targets, as well as to regularly measure and evaluate their achievement. Create a supportive work cul- ture: By creating a supportive work culture that maximizes human performance, management cre- ates a work environment in which safe work practices, a respectful workplace, meaningful employee support, hiring practices that pro- vide good person-job fit, adequate information and equipment, em- ployee education and training, and encouragement to perform at a high level are the norm. Assess case management: To effectively manage employee ill- ness and injury and diminished functional capacity, a case man- ager conducts a case management assessment. Hence, the barriers and drivers to a safe and timely return-to-work outcome are iden- tified. Effective case management involves changing barriers into drivers for a successful return to work. Employers face significant chal- lenges in disability management. Yet, by providing strong leader- ship and creating a corporate culture focused on establishing an approach to effective absence control and disability manage- ment, a solid foundation is created on which to build. Dianne E. Dyck is an occupational health nurse and occupational health and safety specialist at Progressive Health & Safety Consulting in Cal- gary. She can be reached at (403) 282- 9330 or degdyck2@gmail.com.

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