In Ontario, employers are not legally required to invent an entirely useless “make-work” position for an injured worker. However, they must bundle existing light duties to create meaningful, productive work up to the point of undue hardship to satisfy WSIA accommodation rules.
When an employee suffers a workplace injury, the goal of the Workplace Safety and Insurance Board (WSIB) is to reintegrate them safely and promptly. In Ontario, a common source of friction is the definition of “light duties.” Many workers and employers misunderstand the legal boundaries of accommodation. A business cannot simply say, “We have no light work,” without thorough investigation, nor can an employee demand that a fictitious, unproductive role be created just to keep them on the payroll.
From industrial plants in Windsor to tech offices in Markham and manufacturing hubs in Kitchener, the standard remains the same. The Workplace Safety and Insurance Act (WSIA) works in tandem with the Ontario Human Rights Code to mandate reasonable accommodation. Employers must creatively bundle necessary tasks to accommodate a WSIB claimant. If you find yourself trapped in a dispute over whether a proposed job is productive or demeaning, connecting with a local lawyer from our directory can provide much-needed clarity.
Step-by-Step Process for Determining Light Duties in Ontario
Establishing suitable work involves assessing the company’s operational needs alongside the worker’s medical restrictions. The process must be collaborative and devoid of arbitrary decision-making. Here is how Ontario employers generally handle the creation of light-duty roles.
Step 1: Identifying the Medical Restrictions
Before any job duties can be assigned, the employer must review the worker’s Functional Abilities Form (FAF). This document clearly dictates what the worker can and cannot do physically. For example, the worker may be cleared to sit for up to four hours a day but entirely restricted from reaching above their shoulders or lifting over 5 kilograms.
Step 2: Assessing Existing Job Vacancies
The employer must first look at their current operations. Is there an existing role that matches the worker’s restrictions? If an administrative role or a quality control position is vacant and the injured worker has the skills (or can be easily trained) to perform it, offering this existing job is the most straightforward compliance method.
Step 3: Bundling Meaningful and Productive Tasks
If no single existing role fits the restrictions, the employer must look at “bundling” tasks. This means taking productive tasks from various departments-such as filing paperwork, answering customer service calls, or performing light inventory checks-and combining them into a temporary role. The key legal requirement is that these tasks must be meaningful and productive for the business, not artificial “make-work” just to fill an eight-hour shift.
Step 4: Evaluating the Undue Hardship Threshold
The duty to accommodate is not absolute; it extends only to the point of undue hardship. If bundling tasks creates a severe safety risk, violates a collective bargaining agreement, or incurs massive financial costs that threaten the viability of the business, the employer can legally claim undue hardship. They are not forced to invent a useless job that drains company resources.
Step 5: Finalizing the Return to Work Plan
Once suitable tasks are bundled safely, the employer presents a formal Return to Work (RTW) plan. The worker, employer, and often a WSIB specialist will review the plan to ensure it respects the medical restrictions while providing genuine value to the company.
How Much Does it Cost in Ontario?
Managing accommodations requires balancing business productivity with legal compliance. Financial considerations are heavily scrutinized by the WSIB when an employer claims undue hardship.
- Accommodation Modifications: Costs for ergonomic chairs, voice-to-text software, or modified workstations usually range from $200 to $2,500 CAD. The WSIB expects businesses to absorb these routine expenses.
- WSIB Grants: In some complex cases, the WSIB may offer specialized equipment grants to help employers modify the workplace without suffering financial strain.
- Failing to Accommodate: If an employer falsely claims they have no light duties to avoid taking a worker back, they face WSIB penalties. By May 2026, this fine can equal the worker’s net earnings for up to a year.
- Legal Representation: Hiring a law firm to prove or disprove undue hardship typically costs between $300 and $600 CAD per hour. Many injured workers use contingency fee arrangements when fighting denied accommodations.
| Accommodation Strategy | Legal Status in Ontario | Cost Impact |
|---|---|---|
| Bundling Productive Tasks | Mandatory under WSIA | Standard wages paid for productive work |
| Modifying Current Workspace | Mandatory (up to undue hardship) | Low to Moderate (Equipment costs) |
| Creating an Artificial/Useless Job | Not Required | N/A (Employers can refuse) |
How Long Does the Process Take?
The timeline for accommodating a WSIB claimant is swift. Employers are expected to initiate the return-to-work process within days of receiving the FAF. Evaluating the workplace, bundling tasks, and presenting a modified work plan typically takes 1 to 3 weeks. If a dispute arises over whether the proposed job is “meaningful” or crosses into “undue hardship,” a WSIB mediation process can extend the timeline by 4 to 8 weeks.
Frequently Asked Questions (FAQ)
What is considered a “make-work” position?
A make-work position is an artificially created job with no actual value to the business, such as counting paperclips or staring at a blank screen. Ontario employers are not legally obligated to create these types of demeaning roles.
Can I refuse bundled tasks if they are not in my job description?
Generally, no. As long as the bundled tasks are safe, within your medical restrictions, and restore your pre-injury earnings, you are expected to cooperate. Refusing suitable work can result in a suspension of your WSIB benefits.
Does a small business have the same accommodation rules?
While the Ontario Human Rights Code applies to all businesses, the threshold for undue hardship is lower for a small family-run shop than for a massive multinational corporation. A $5,000 accommodation might be undue hardship for a small bakery, but negligible for a large factory.
What happens if my employer truly has no light duties available?
If the WSIB agrees that no suitable, productive work exists up to the point of undue hardship, you will remain off work and continue to receive loss of earnings (LOE) benefits while participating in medical recovery or retraining programmes.
Should I consult a lawyer if my employer claims undue hardship?
Yes, employers sometimes use “undue hardship” as a blanket excuse to avoid taking workers back. Having a skilled lawyer from our directory review your case ensures your rights are protected under Ontario law.
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