Assessment of work on the night shift

In this case, the Commission’s inquiry led to a review of how a return-to-work specialist could accommodate a worker’s schedule.

A night shift worker complained to the Commission that the return-to-work (RTW) specialist assigned to his case was not available during his shift and, therefore, could not assess whether his modified job was suitable. The WSIB told the worker a specialist could not attend during the night shift because of restrictions in the specialist’s contract.

The worker said the work required during the night shift was different from other shifts and, as a result, a fair assessment could not be done without direct observation of the job.

The Commission contacted the manager, who arranged for a RTW specialist to go to the workplace during the worker’s shift. The worker later confirmed that the return-to-work meeting did occur during his shift, that the work during the night shift was noted as being different, and that a job suitability decision would be based on the new assessment. The Commission and the worker were satisfied with this outcome.