I met with my return to work councillor today and we set a date for feb 5th for me to start my gradual return to work. I'm nervous about returning. I feel like finally I'm starting to feel better and now I have to go back to a place I despise. I guess I was hoping I would wake up and do something I would want to do. Ie go back to school, create things or find a job that would satisfy me. I didn't. I'm upset that this could be it for me. My choices are limited.
- Thread starter Jolie
- Start date
David Baxter PhD
Late Founder
Do you have the support of a therapist or your family doctor in negotiating the terms of your return?
If you truly think you cannot return to your former workplace and have documentation from a psychologist, psychiatrist, and/or family physician to support this, there are retraining programs available through the Employment Insurance offices that may be able to help offset the costs of returning to school for upgrading. You might want to explore this.
If you truly think you cannot return to your former workplace and have documentation from a psychologist, psychiatrist, and/or family physician to support this, there are retraining programs available through the Employment Insurance offices that may be able to help offset the costs of returning to school for upgrading. You might want to explore this.
And check with your Labor Board to find out what your rights are. In some places the onus is on the place of work to prevent a toxic work environment. So if you are expected to return to work and your employer made NO changes at all to get rid of the things that caused it to be a toxic environment in the first place, then you can also get added backup from your physicians/therapists like Dr. Baxter mentioned to back up a claim that they need to accommodate you and/or retrain you in a different position away from the environment that made you sick in the first place. It doesn't have to necessarily be a physical problem if it is psychological stress that can lead to other problems...
Case in point: http://web2.gov.mb.ca/laws/statutes/ccsm/w210e.php"DUTIES OF EMPLOYERS
General duties of employers
4(1) Every employer shall in accordance with the objects and purposes of this Act
(a) ensure, so far as is reasonably practicable, the safety, health and welfare at work of all his workers; and
(b) comply with this Act and regulations. "
Further duties of employer
4(2) Without limiting the generality of an employer's duty under subsection (1), every employer shall
(a) provide and maintain a workplace, necessary equipment, systems and tools that are safe and without risks to health, so far as is reasonably practicable;
(b) provide to all his workers such information, instruction, training, supervision and facilities to ensure, so far as is reasonably practicable, the safety, health and welfare at work of all his workers;
(c) ensure that all his workers, and particularly his supervisors, foremen, chargehands or similar persons, are acquainted with any safety or health hazards which may be encountered by the workers in the course of their service, and that workers are familiar with the use of all devices or equipment provided for their protection;
(d) conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons who are not in his service are not exposed to risks to their safety or health arising out of, or in connection with activities in his workplace;
(e) consult and co-operate with the workplace safety and health committee where such a committee exists, regarding the duties and matters with which that committee is charged under this Act;
(f) consult and co-operate with the worker safety and health representative where such a representative has been designated, regarding the duties and matters with which that representative is charged under this Act;
(g) co-operate with any other person exercising a duty imposed by this Act, or the regulations;
(h) ensure that all of the employer's workers are supervised by a person who
(i) is competent, because of knowledge, training or experience, to ensure that work is performed in a safe manner, and
(ii) is familiar with this Act and the regulations that apply to the work performed at the workplace;
(i) if the employer's workers are working on a construction project that has a prime contractor, advise the prime contractor of the name of the supervisor of the employer's workers on the project.
Employer's duty re training
4(4) Without limiting the generality of clause (2)(b), every employer shall provide information, instruction and training to a worker to ensure, so far as is reasonably practicable, the safety, and health of the worker, before the worker
(a) begins performing a work activity at a workplace;
(b) performs a different work activity than the worker was originally trained to perform; or
(c) is moved to another area of the workplace or a different workplace that has different facilities, procedures or hazards.
Other links
http://www.ofl.ca/uploads/library/disability_issues/ACCOMMODATION.pdf
http://harepublishing.com/Publications/buildingmanagers.pdf
http://employment.alberta.ca/documents/WHS/WHS-PUB-ohs-mag-0511.pdf
Chapter 9: Workplace Violence and Workplace Harassment | Ontario Ministry of Labour
Hostile work environment: A manager's legal liability | TechRepublic
Case in point: http://web2.gov.mb.ca/laws/statutes/ccsm/w210e.php"DUTIES OF EMPLOYERS
General duties of employers
4(1) Every employer shall in accordance with the objects and purposes of this Act
(a) ensure, so far as is reasonably practicable, the safety, health and welfare at work of all his workers; and
(b) comply with this Act and regulations. "
Further duties of employer
4(2) Without limiting the generality of an employer's duty under subsection (1), every employer shall
(a) provide and maintain a workplace, necessary equipment, systems and tools that are safe and without risks to health, so far as is reasonably practicable;
(b) provide to all his workers such information, instruction, training, supervision and facilities to ensure, so far as is reasonably practicable, the safety, health and welfare at work of all his workers;
(c) ensure that all his workers, and particularly his supervisors, foremen, chargehands or similar persons, are acquainted with any safety or health hazards which may be encountered by the workers in the course of their service, and that workers are familiar with the use of all devices or equipment provided for their protection;
(d) conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons who are not in his service are not exposed to risks to their safety or health arising out of, or in connection with activities in his workplace;
(e) consult and co-operate with the workplace safety and health committee where such a committee exists, regarding the duties and matters with which that committee is charged under this Act;
(f) consult and co-operate with the worker safety and health representative where such a representative has been designated, regarding the duties and matters with which that representative is charged under this Act;
(g) co-operate with any other person exercising a duty imposed by this Act, or the regulations;
(h) ensure that all of the employer's workers are supervised by a person who
(i) is competent, because of knowledge, training or experience, to ensure that work is performed in a safe manner, and
(ii) is familiar with this Act and the regulations that apply to the work performed at the workplace;
(i) if the employer's workers are working on a construction project that has a prime contractor, advise the prime contractor of the name of the supervisor of the employer's workers on the project.
Employer's duty re training
4(4) Without limiting the generality of clause (2)(b), every employer shall provide information, instruction and training to a worker to ensure, so far as is reasonably practicable, the safety, and health of the worker, before the worker
(a) begins performing a work activity at a workplace;
(b) performs a different work activity than the worker was originally trained to perform; or
(c) is moved to another area of the workplace or a different workplace that has different facilities, procedures or hazards.
Other links
http://www.ofl.ca/uploads/library/disability_issues/ACCOMMODATION.pdf
http://harepublishing.com/Publications/buildingmanagers.pdf
http://employment.alberta.ca/documents/WHS/WHS-PUB-ohs-mag-0511.pdf
Chapter 9: Workplace Violence and Workplace Harassment | Ontario Ministry of Labour
Hostile work environment: A manager's legal liability | TechRepublic
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