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This responsibility requires the employer to look at all other possible positions.

Recent cases have said that the employer's accommodation efforts must be "serious", "conscientious", and it must demonstrate its "best efforts".

Policy best practices for return to work A best practice in employer Return to Work policies is to have one policy that will guide both work-related and non-work related medical conditions or injuries.

Best practices include: Accommodation and the right to return to work With a non-work injury or illness, some employers may believe that the duty to accommodate extends only to the pre-injury job and is not as stringent as the WSIB requirement.

But this much is clear to date: The duty requires more from the employer than simply investigating whether any existing job might be suitable for a disabled employee.

While the standard is voluntary, future case law will likely entrench some of its principles.The footnotes from Professor Lynk's article have been removed from this publication. The Employer's Duty to Accommodate The essence of the duty is simple to state: Employers in Canada are required to make every reasonable effort, short of an undue hardship, to find an accommodation for an employee with a disability.Its outer boundaries, however, are much harder to determine.The WSIB has deemed that the Concurrent Employer in this case was excluded from the obligations under Policy 19-02-02 (Work Reintegration and Re-Employment).In the submission to the Appeals Division at WSIB, it was argued that a Schedule 1, Concurrent Employer should be party to the WSIB’s work reintegration responsibilities under Policy 19-02-02, as OPM Policies are governed by the WSIA.Do any of your employees also work for another company?