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Established in 1985, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) is the final level of appeal to which workers and employers may bring disputes concerning workplace safety and insurance matters in Ontario. WSIAT has always been separate from and independent of the Workplace Safety and Insurance Board.

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  Decision 1417 17
7/27/2017
G. Dee

  • Class of employer (best fit)

The employer appealed a decision of the Appeals Resolution Officer denying reclassification of the employer from Rate Group 301 for manufacturing of occupational clothing to Rate Group 636 for wholesale apparel. The employer provides customized workplace uniforms to a restaurant chain in Canada, ready-made uniforms to hotels in the United States and Canada, custom-made uniforms to hotels in the United States and Canada. The employer's business activity is the sale of work clothing. It obtains the clothing through a variety of means, including purchase and distribution, in some cases taking possession of the product and in other cases not even taking possession of the product. It also oversees production of some product. Generally, the employer's workers were not exposed to the hazards of the manufacturing environment. In the circumstances, there was no perfect fit for the employer's business activity. However, given that the Vice-Chair had to make a choice between the classification for manufacturing and the classification for wholesaling, the Vice-Chair concluded that the classification in wholesaling was a better fit. The appeal was allowed.