The Ontario Ministry of Labour ("MOL") recently announced clarifications to the definitions of clauses (d) and (e) of Regulation 834. While the definitions have not changed, it is important to be aware of how the MOL is now interpreting these clauses.
Clause (d) states that a critical injury involves a fracture of a leg or arm, but not a finger or toe. The interpretation of this definition by the MOL now includes the fracture of a wrist, hand, ankle or foot as a critical injury.
Clause (e) defines the amputation of a leg, arm, hand or foot, but not a finger or toe as a critical injury. The MOL's interprets this definition to mean if multiple fingers or toes are amputated, then the injury is a critical injury.
The difficulty is that these interpretations are not clearly defined or easily apparent in the Regulation. Therefore, it is of great importance that employers understand and instruct employees on these new interpretations and report critical injuries accordingly.
For further information regarding these changes, please click here.