40 (1) The employer of an injured worker shall co-operate in the early and safe return to work of the worker by, (a)  contacting the worker as soon as possible after the injury occurs and maintaining communication throughout the period of the worker’s recovery and impairment; (b)  attempting to provide suitable employment that is available and consistent with the worker’s functional abilities and that, when possible, restores the worker’s pre-injury earnings; (c)  giving the Board such information as the Board may request concerning the worker’s return to work; and (d)  doing such other things as may be prescribed.  1997, c. 16, Sched. A, s. 40 (1). Same, worker (2) The worker shall co-operate in his or her early and safe return to work by, (a)  contacting his or her employer as soon as possible after the injury occurs and maintaining communication throughout the period of the worker’s recovery and impairment; (b)  assisting the employer, as may be required or requested, to identify suitable employment that is available and consistent with the worker’s functional abilities and that, when possible, restores his or her pre-injury earnings; (c)  giving the Board such information as the Board may request concerning the worker’s return to work; and (d)  doing such other things as may be prescribed.  1997, c. 16, Sched. A, s. 40 (2). Same, construction industry (3) Employers engaged primarily in construction and workers who perform construction work shall co-operate in a worker’s early and safe return to work and shall do so in accordance with such requirements as may be prescribed. Subsections (1) and (2) do not apply with respect to those employers and workers.  1997, c. 16, Sched. A, s. 40 (3). Same, emergency workers (4) If an emergency worker is injured, the worker’s deemed employer is not required to comply with this section. The worker’s actual employer, if any, is required to do so. However, the deemed employer is required to pay the costs of the actual employer’s compliance with this section.  1997, c. 16, Sched. A, s. 40 (4). Certain volunteers (4.1) Subsection (4) applies with respect to a member of a municipal volunteer fire brigade or a volunteer ambulance brigade or an auxiliary member of a police force as though the person were an emergency worker.  2000, c. 26, Sched. I, s. 1 (2); 2002, c. 18, Sched. J, s. 5 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 40 (4.1) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 66 (4)) Board assistance, etc. (5) The Board may contact the employer and the worker to monitor their progress on returning the worker to work, to determine whether they are fulfilling their obligations to co-operate and to determine whether any assistance is required to facilitate the worker’s return to work.  1997, c. 16, Sched. A, s. 40 (5). Notice of dispute (6) The employer or the worker shall notify the Board of any difficulty or dispute concerning their co-operation with each other in the worker’s early and safe return to work.  1997, c. 16, Sched. A, s. 40 (6). Resolution of dispute (7) The Board shall attempt to resolve the dispute through mediation and, if mediation is not successful, shall decide the matter within 60 days after receiving the notice or within such longer period as the Board may determine.  1997, c. 16, Sched. A, s. 40 (7). Transition, vocational rehabilitation (8) Until this section applies to an employer and the workers employed by the employer, subsections 53 (1) to (3) of the Workers’ Compensation Act, as deemed to be amended by this Act, continue to apply with necessary modifications despite their repeal.  1997, c. 16, Sched. A, s. 40 (8). Section Amendments with date in force (d/m/y) 1998, c. 36, s. 2 - 18/12/1998 2000, c. 26, Sched. I, s. 1 (2) - 01/01/1998 2002, c. 18, Sched. J, s. 5 (3) - 26/11/2002 2018, c. 3, Sched. 5, s. 68 (4) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 66 (4) - not in force