As mandated under the Social Work and Social Service Work Act, 1998, the College is required to have a process for mandatory reports. This mandatory reporting process is an important regulatory tool the College uses to protect the public from unqualified, unfit and incompetent social workers and social service workers. As employers of social workers and social service workers, you have the responsibility to be aware of, and if need be, complete the College’s mandatory reports.
When must an employer file a mandatory report with the OCSWSSW?
Anyone who employs a social worker or social service worker is required to file a mandatory report under the following circumstances:
- If you terminate the employment of a member of the College for reasons of professional misconduct, incompetence or incapacity;
- If you intended to terminate the employment of a member of the College for reasons of professional misconduct, incompetence or incapacity, but the member resigned before you could do so; and
- If you become aware that a member of the College who is or has been employed by you is convicted of an offence under the Criminal Code of Canada involving sexual conduct.
Recent changes to the PHIPA: What employers need to know
Employers should be aware of recent changes to the Personal Health Information Protection Act (PHIPA) requiring health information custodians to file a report with the College when a College member is terminated, suspended or disciplined for reasons relating to the unauthorized collection, use, disclosure, retention or disposal of personal health information.
How soon must an employer file a mandatory report with the College?
The report must be made within 30 days of the date on which you terminated the member’s employment, or within 30 days of the date on which the member resigned.
As mandated under PHIPA, in the case where a health information custodian terminates, suspends or disciplines a College member in relation to a breach of privacy, the report is required to be filed within 30 days of the event.
What should be included in the report?
- Your name;
- The name of the College member who is the subject of the report;
- A statement about the reason for the report (e.g., due to the termination or resignation of the member);
- If the report concerns the termination or resignation of a member, a detailed explanation or description of the professional misconduct, incompetence or incapacity for which you terminated or intended to terminate the member;
- If the report concerns the suspension or discipline of a member for reasons relating to a breach of privacy, a detailed explanation of the nature of the privacy breach and details regarding the suspension or discipline imposed;
- If the report concerns the member’s conviction for an offence involving sexual conduct, a detailed explanation or description of the offence, including the dates on which the sexual conduct occurred or on which the member was charged, and the date on which the member was convicted;
- If the report concerns a member’s sexual abuse of a client, a detailed explanation or description of the sexual abuse;
- The name of the client who was sexually abused ONLY IF the client or the client’s representative (if the client is incapable) has consented in writing. If the client (or client’s representative if the client is incapable) has not consented in writing, the client’s name MUST NOT be included in the report.
You may also wish to enclose relevant documents with your report.
For more information on mandatory reports, visit the Employers section of the College website.
Stay tuned for the next Employer Communiqué for information about what happens after a mandatory report is filed with the College.
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