'You're not required to create an extra position, but you can be very creative in some temporary solutions,' says disability management expert
In Nova Scotia, employers are gearing up for the July 15 launch of the province’s new Duty to Cooperate legislation, a key component of the Stronger Workplaces for Nova Scotia Act. With expectations clearly outlined for both employers and workers, organizations across the province are exploring creative ways to bring injured employees back to work safely and swiftly.
Val Royle, partner at Rock Disability Management Inc. and a seasoned expert in disability management, shared insights during a recent WCB Nova Scotia webinar. She says the legislation’s mutual obligations for employers and workers are “not scary,” suggesting early, safe return-to-work (RTW) planning is the best path forward.
“The best early and safe return to work planning honestly happens before an injury occurs,” Royle says. “When there’s an injury, there’s a whole lot of other emotional elements that happen—workers are anxious, they may be in pain, they’re uncertain. If you have a really good return to work program in place that gives you direction on what to do when there are injuries, that is fantastic.”
The Duty to Cooperate compels employers to connect with injured workers as soon as possible and maintain that communication throughout the recovery process. In turn, workers must remain engaged with their employer and participate in finding safe, suitable work that restores their pre-injury earnings wherever possible.
“This is about communication and working in good faith to enable someone to recover at work,” Royle says. “You’re not required to create an extra position, but you can be very creative in some temporary solutions to help your worker recover at work.”
One of the core tools Royle promotes is the use of Medical Disability Guidelines (MDGs) to inform RTW plans. These guidelines lay out typical recovery timelines for common injuries, offering a foundation for creative, flexible accommodations. For example, Royle illustrates the approach through a scenario involving “Carol,” a home care attendant who suffers a sprain. She says while it might take Carol 21 days to fully return to medium-level work, she can often resume sedentary duties within just one to three days.
“Return to work happens all the time, and it often happens even when WCB is not involved,” Royle says. “The employer and the worker can get together and figure out, what can the worker do? What’s safe?”
Importantly, Royle dispels a common myth that employers must wait for a doctor’s note or caseworker’s assessment before implementing an RTW plan.
“You don’t need to wait for the WCB claim to be accepted to start early and safe return to work,” she says. “If you do that, you’re losing out on time. You know your own workplace.”
Royle stresses that creativity doesn’t have to mean complexity. She suggests assembling “a bundle of duties,” which could include administrative tasks, training support, or other lighter roles that keep the injured worker engaged and connected to the workplace.
This focus on keeping injured workers connected is central to the new legislation’s intent. Royle says, “time off work extends disability” and that getting workers back—safely—“maximizes the chances of a full recovery.”
In the coming weeks, WCB Nova Scotia plans to release updated fact sheets and host consultations to help employers review and refine their RTW policies and practices. As the July 15 implementation date approaches, Royle urges employers to treat the new law as an opportunity, not an obstacle.
“It’s about setting expectations, reducing friction points, and getting creative,” she says. “The goal is a vibrant workforce and a culture of recovery at work.”
