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Part 4: Cracking Ontario's Workplace Insurance Monopoly

Posted: 07/06/2012 10:14 am

"You can pay me now, or pay me later" was the well-known motto of a particular brand of oil filter. This line worked well because it crystallized the choice facing every car owner: If I don't fix it now, will I pay a fortune to fix it down the road?

When it comes to Ontario's Workplace Safety and Insurance Board (WSIB), it's time to "fix it now." Because there's a much bigger bill in our future. Little wonder it's one of four areas for action detailed in our latest Ontario PC white paper on ideas to create jobs called Paths to Prosperity: Flexible Labour Markets.

The WSIB is the government agency that provides injury and disability benefits to workers. WSIB coverage is compulsory for most businesses and industries in Ontario. Employers fund the WSIB through payroll taxes, in the form of premiums based on the earnings of their employees. The WSIB sets these premium rates, while government sets benefits and coverage through legislation.

WSIB premiums are necessary, but they are also a tax on jobs. The objective should be to keep premiums reasonable while still meeting workers' needs. The WSIB has failed to achieve this goal. But successive governments at Queen's Park have gone the "fix it later" route. And the problem is now out of control.

The WSIB currently has an estimated unfunded liability of $14.5 billion. This means that the assets in its insurance fund are $14.5 billion less than what's needed to meet the estimated lifetime costs of all claims under the WSIB's coverage. But according to one recent analysis by the independent, not-for-profit C.D. Howe Institute, entitled "The Hole in Ontario's Budget: WSIB's Unfunded Liability," on a fair-value accounting approach, the unfunded liability could actually be closer to $20 billion. That's some hole.

Yet, despite an increasing unfunded liability, the Ontario government recently unilaterally increased WSIB benefits, making the problem worse. The WSIB can be expected to increase premiums yet again -- acting as a powerful disincentive for businesses to hire new employees.

The management of the WSIB is not a new concern. Since the early 1980s, every government of every political stripe has tried to "fix" the Board, through legislative reform and all sorts of administrative fiddling. The core problems are still there.

The hard fact is that this system was designed for the Ontario of over a century ago -- when horses delivered bottled milk and they hadn't yet painted the Titanic. It simply no longer meets the modern needs of our workers and employers. The time for thoughtful change and bold action is overdue. And that's where Paths to Prosperity comes in.

One solution to this problem is to allow the private sector to compete for providing insurance coverage for workers in Ontario. Most U.S. states already allow private insurers to compete with state insurance funds for the provision of workers' compensation. I believe that a similar model would work well for Ontario.

Right now, 70 per cent of Ontario's workforce is covered under the WSIB. Imposing a deteriorating WSIB on the 30 per cent left out makes no sense. In spite of that, next year, the Ontario government will do just that for self-employed independent construction contractors under Bill 119, called the Workplace Safety and Insurance Amendment Act. We will start our Paths to Prosperity reforms by repealing this backward step the first chance we get, while still ensuring adequate insurance protection.

Allowing private insurers into the market would provide employers with choices, not just about which company, but on the specific details of coverage. Mandatory coverage at equal or better terms would still be in place. An employer would be required to present proof of membership in an alternate plan before they would be allowed to opt out of the WSIB. Private insurance, like WSIB coverage, would remain a "no-fault" system to maintain the integrity of workplace insurance.

Under this proposal, a streamlined, more accountable WSIB governed by a competent, not political, board of directors, would continue to compete with private sector companies. The WSIB would serve as an insurer of last resort, providing coverage to those businesses that cannot obtain insurance elsewhere.

We recognize that these are bold suggestions that must be carefully and thoughtfully introduced. The unfunded liability is both the catalyst and impediment for needed reform. It's a catalyst because its persistence, over 30 years now, shows the system is often captive to short term political interference. It's an impediment because responsible reform cannot permit employers to abandon the Board's liabilities.

That's why we propose a staged reform process. We would start with the repeal of Bill 119, which forces Ontario's self-employed independent operators to join the WSIB. Instead, we would allow those entrepreneurs to opt for comparable private insurance.

Next, as individual business sectors secure an adequate level of funding, we would allow those employers to obtain suitable private insurance. Insurance choice will be respected. Third, we would immediately revamp the Board, replacing a political board of directors with a skills-based board, charged with proper corporate governance oversight.

These reforms will trigger a modernization of Ontario's workplace insurance system, which was once at the vanguard of public policy. Ontario's needs have changed. The Board hasn't. Now it must.

Our province needs bold action to become more competitive and create more jobs. Paths to Prosperity: Flexible Labour Markets shows us the way past these bureaucratic relics of the last century - and into a brighter future.

 
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02:27 PM on 07/18/2012
All I can say is thank god I don't live in Ontario if this guy ever gets elected. After reading all his blogs here on Huffpost, the only "prosperity" I can see is for multi national corporations, not the avg worker be they union or non union.

On one article he sites Caterpillar pulling up stakes in Ontario to move to Indiana I think it was, where the avg manufacturing job pays $12.00 per hour. I wonder if he thinks people are to lazy to stupid to google and find out while Caterpillar is crying poor and moving the plant they are also reporting an 58% increase in year over year profits.

All this race to the bottom of workers wages does is pad corporate profits at the workers expense. He is just another neo-con who desires the death of the good paying jobs, worker protections and the middle class in general. Not surprising seeing as he is a career politician who basically went straight from university to political office.

Here's an idea for Mr. Hudak. You seem to think this race to the bottom is a path to prosperity, well I think the most over paid "workers" on the planet are politicians. Hudak is making $116,000 a year as a MLA. How about we adjust that on the same scale he for sees for the avg worker. I figure $35,000 and no pension should be enough for him and his cronies in government..
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HUFFPOST SUPER USER
CommonWealth-SinglePayer
Walk on the Right, VOTE on the LEFT
08:48 PM on 07/11/2012
Timmy, your "buck-a-beer" policy failed, why do you think your latest policy to drive wages and people into the ground will work.
12:32 PM on 07/11/2012
Hudak knows very well workers comp is meant to cover employers. He also knows that the Unfunded Liability was left to swell quite purposely, (a B.C. idea) in order to bring in private insurers ala U.S. style. Currently the WSIB is ignoring their own expert, the Arthurs Funding Review and will continue to slash worker benefits to make up for their own bad management. This is what Witmer was brought in to do. McGuinty/Hudak are partisan when it comes to this deviance.
12:40 PM on 07/09/2012
Since WHEN does Worker's Compensation care about workers? That ended a long time ago. When 80% of claims are rejected automatically - no matter what the case and worker's representatives long ago cut back so that 2 workers cover a 200 mi. radius; therefore, cases take 5 years to get to an appeal and workers cannot possibly serve those caseloads?? The only thing WC is for is business! Don't tell me anything about WC when I have experienced it myself and WON after 5 long years!! Employers have no penalty for lying while we are subject to fines/prison. Shut the program down until their is a fair system for employees!!
09:38 PM on 07/08/2012
Mr. Hudak;

I presume you understand capitalism - raw capitalism such as they have in China. Well the thing about capitalism is private companies need to make a profit. In the US of A the health insurance companies simply refuse to cover people who are at risk or who have "pre-existing conditions" and this means the insurance companies make a bundle while charging twice what Canadians pay. Where I live water was privatized. We wound up with water which stank so badly showers were necessarily short. One can only hold one's breath so long. After ten years the city engineers announced they could handle the water treatment at just over half the amount the private company was Ontario is still suffering from the Bill Davis economic plan which beggared us and nothing got better.
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HUFFPOST SUPER USER
Frnkndad
04:30 PM on 07/08/2012
So, after reading 4 pieces by Hudak describing how he wants to incorporate the worst of American labour policies. I can't help but think that if he tries to run on such policies, it would be the death of the Ontario conservative party.
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Ian Llangan
Your Invisible Sky Friend Is Morally Abhorrent
02:00 PM on 07/08/2012
At every turn Canadian citizens, and Ontarians in particular, have been confronted with a quality of life that has diminished due to the "downloading" (and we know where THAT came from), down-sizing, out-sourcing, and privatization of both government and arms-length government -owned/overseen agencies, boards and corporations.

And yet, inexplicably, the CONservtives, devoid of imagination or analysis, continue to offer more of the same one-note melodies as their only solution to any problems. How tiresome they are.
12:32 PM on 07/07/2012
Hudak. I wish there was a word in the English language to describe your colossal lack of intelligence and integrity. You leave me speechless.
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Newfoundlander
I'm a pessimist, an optimist with experience!
04:57 AM on 07/07/2012
WSIB does NOT exist for the benefit of workers. It exists for the benefit of employers, since injured workers cannot sue for injuries suffered at work. As an example, if I visit another employer's worksite as part of my job, and I am injured by the grossly negligent actions of an employee of that other employer, I am statute-barred from suing ANYONE for damages, but have to be content with payments from WSIB if I can prove the legitimacy of my claim. But if I am a customer of that other company, I am permitted to sue for damages.

The premiums paid by employers for coverage are determined by the rate of injuries occuring in different sectors of the economy, with further adjustments up or down depending on the employer's record of workplace injuries when compared to other employers in the same industrial classification. Do better than the norm, and you will pay less.

It strikes me as ludicrous that employers complain about having to pay insurance premiums for a policy that prevents them from having to pay damages to injured workers, and it is even more ludicrous that Hudak thinks that privatizing the system will be more efficient and cheaper for the employers. Does the fact that he sees everything through Regressive Preservative glasses blind him to the reality that the insurance company that takes over from WSIB will be more focussed on their own bottom line than on the welfare of injured workers?
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03:08 PM on 07/08/2012
Well said. It's another way for the corporate elite to skim the worker. The cons continue to charge into the already failed yankee policies. Solidarity for Peace and Prosperity.
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Irazu
I have nothing to declare
01:42 PM on 07/09/2012
Absolutely spot on.

But these relentless free-marketeers do not see facts that do not agree with their vision of the world.

Mr. Hudak has no idea that WSIB exists to protect EMPLOYERS. He thinks it's another government handout to layabouts and do-nothings.
12:30 AM on 07/07/2012
3. The rules and regulations laid down by the WSIB for the construction industry seem to be focused on mega-projects, sub-divisions and the like.
The requirements for paperwork, employer/employee safety committees, safety meeting records, records of training etc. are onerous for a small sized crew and eat up a huge amount of time. Perhaps they should look a little farther than downtown Toronto high rise projects to see what the safety issues are elsewhere and perhaps have more finely tuned requirements for different sectors of the industry.
We all know that businesses run by governments are inefficient, top heavy and costly. The private sector can offer the same product for a better price.
02:39 AM on 07/07/2012
"""We all know that businesses run by governments are inefficient, top heavy and costly."""

that might be a popular misconception fostered by private companies who are green with envy and would like to take over the government run business and have it for themselves -
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03:10 PM on 07/08/2012
The great fear of the private sector is that public companies will run them out of business.
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albertarick
These are questions for wise men with skinny arms
04:34 PM on 07/07/2012
WSIB or WCB in Alberta could use a good housecleaning, no question. The systems are run for profit, hence the unfairness. The answer isn't privatization, it's responsible government. Something we won't get while government is bought and paid for by the corporations. The first thing that needs to happen is for workers to have and pay for injury insurance, this insurance should be provided by government. The whole reason the currrent system is rigged for the employer is that the employer pays for it.
12:29 AM on 07/07/2012
As an employer in Ontario I have three beefs with WSIB. First, let me make it clear that I have never had an employee injured on the job and I constantly hammer away at them to work safely.
1. As a self-employed independent construction contractor I will now be forced to insure myself with WSIB even though I already have private disability insurance which covers me 24/7 which WSIB will not. If I happen to be injured on the job I think it highly unlikely that I will be able to claim as I expect that I will be told "You are the boss. You should have known better." I know someone who opted in to WSIB coverage and was told just this.
2. Whenever I employ a sub-contractor on one of my jobs, to cover my butt, I must request a WSIB Clearance Certificate from him. He will only be able to provide one if he is paid up with WSIB. If I don't, I will be held responsible for any on site injuries that happen to his employees. Fair? I don't think so. Why am I being forced to police other peoples business?
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albertarick
These are questions for wise men with skinny arms
04:36 PM on 07/07/2012
The systems aren't set up for small businesses. they are designed for the big players. As they stand worker's insurance systems around Canada are designed to reduce competition from below from the larger companies and squeeze a little more blood from small businesses.
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Machine Head
I`d rather have a full bottle in front of me......
08:39 AM on 07/08/2012
First of all I accidentally faved this comment. Secondly the requirement for you and every other employer (including myself) to pay WSIB premiums will put construction companies on an even playing field. I have seen far too many small contractors cut corners in order to undercut their competition in the bidding process. Preaching that workers "work safe" is not only subjective, it's downright laughable. Most workers are not aware of the sections of the OHSA or Regulations that apply to them or how to interpret them. That falls to you, the employer, to train and SUPERVISE them. If you sub contract work and bring workers on to your project, you by definition become THEIR employer; you don't have to like it but because you have chosen as an employer to contract workers, understand that you are the responsible party to ensure that they work according to the Act. If we ll have to follow the rules, competition will weed out the bad actors. If you are a safe, ethical employer this may dig into some of your profit initially, but not in the long run.
01:33 PM on 07/08/2012
I don't have a problem with protecting my employees. most of them are family. I do have a problem with mandatory coverage for myself and having to police my subcontractors WSIB payments. I am NOT my sub-contractors employer I don't write their pay cheques and I don;w to do their work. tThat is the responsibilty of THEIR employer.
08:36 PM on 07/06/2012
Let's add parasitic wall street middlemen to the mix.
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SeeTheFnords
Look out - there's one behind you!
08:28 PM on 07/06/2012
Well, if he actually looked at how the WSIB determines the premiums paid by the employers, he'd see that rates increase when employers maintain an unsafe workplace. When an employer follows all the rules, he gets a reduction of premiums; every time an employer submits a WSIB claim, or is found to not be in compliance with the rules and regulations (and therefore increasing the likelihood of further claims down the road), the premiums go up.

Private insurance is not a viable solution to Hudak's perceived problems with the WSIB. This man appears to be moderately clueless.
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Newfoundlander
I'm a pessimist, an optimist with experience!
04:25 AM on 07/07/2012
Surely you mean "immoderately clueless".
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SeeTheFnords
Look out - there's one behind you!
12:46 PM on 07/07/2012
Nope, moderately. He knows some things about some things. Besides, I wanted it to be civil and get past the moderators :)
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Machine Head
I`d rather have a full bottle in front of me......
05:31 PM on 07/06/2012
I'm sure that Hudak would love to include private insurers into the mix in Ontario, after all, thye're the ones that support his party. WSIB (worker's compensation) was enacted in 1915 to insure employers against injured workers' lawsuits. Back then, an injured party had to prove that they were not somehow to blame for their injuries (I'm sure Hudak believes that workers are always to blame) and gave up the possibility of suing a negligent employer for a stipend while off due to work related injury. If Hudak wants to change the system, give injured workers the right to sue their negligent employer; I'd love to see that.
georgee2
My Canada Includes Everyone
05:20 PM on 07/06/2012
Tim you are just wrong. Private insurance will get the following result. High cost and worse outcomes as is proven every day in the United States.