Legislation and the Compensation System Flashcards
Establishes the Workers’ Compensation Board of B.C. (WorkSafeBC) as an entity and sets out our mandate. The Act provides the legal authority and framework for all our activities, including our occupational health and safety activities.
WORK COMPENSATION ACT
Father of Canadian Workers’
Compensation
Sir William R. Meredith
Why did Countries start Worker’s
Compensation Systems?
RISING COURT COSTS
PROTRACTED SETTLEMENTS
LARGE JUDGEMENTS
POSSIBLY BANCKRUPTING FIRM
COURTS BURDENED WITH CASES
Meredith’s five principles
COMPENSATION WITHOUT FAULT
ACCIDENT FUND
COLLECTIVE LIABILITY ON PART OF EMPLOYERS
ADMINISTRATIVE BODY TO COLLECT ASSESSMENTS AND DISPERSE BENEFITS
ADJUDICATIVE BODY TO DETERMINE AMOUNT OF COMPENSATION
Historic compromise
Workers exchange the right to sue their employer for NO FAULT compensation.
The principle any legislation passed based on…
“… THAT INDUSTRY BEAR THE BURDEN OF ITS ACCIDENTS AND THAT COSTS SHOULD BE ASSESSED ON THE EMPLOYERS… THE SAME AS OTHER ELEMENTS OF THE COST OF PRODUCTION”
Additional principles added by Pineo
WORKER’S COMPENSATION SYSTEM SHOULD BE RESPONSIBLE FOR HEALTH AND SAFETY
THERE MUST BE A SYSTEM TO ENSURE FUNDS IN THE FUTURE
Worker’s Compensation Board
COMPENSATION
REHABILITATION
OCCUPATIONAL SATETY & HEALTH
Worksafe BC Mission
CHAMPION SAFE AND HEALTHY WORKPLACES
SAVE LIVES AND PREVENT INJURY AND DISABILITY
DELIVER OUTSTANDING SERVICE TO WORKERS AND EMPLOYERS
PROVIDE AND SUPPORT EXCELLENT MEDICAL AND REHABILITATIVE CARE TO WORKERS
PRESERVE THE FINANCIAL INTEGRITY AND SUSTAINABILITY OF THE COMPENSATION SYSTEM
LEARN, LEAD, AND SHARE
Principles of compensation
ESSENTIALLY SAME ACROSS CANADA
NO FAULT INSURANCE POLICY
COSTS PAID BY EMPLOYERS
VIRTUALLY ALL INDUSTRIES COVERED
WorkSafe BC Mandate
Develop regulations.
Inspection & Investigations
OSO (Occupational Safety Officer)
OHO ( Occupational Hygience Officer)
EDUCATE / PROMOTE HEALTH AND SAFETY
MAINTAIN STATISTICS
Compliance
EDUCATION
CONSULTATION
INSPECTION
ACCIDENT INVESTIGATION
STOP WORK
PENALTIES
PROSECUTION
Considerations for additional assessment
SERIOUSNESS OF THE HAZARD
EMPLOYER’S KNOWLEDGE OF HAZARD OR VIOLATION
FIRM’S HISTORY OF COMPLIANCE.
EFFECTIVE PROGRAM OF COMPLIANCE
TRAINING OF WORKERS AND SUPERVISORS
SUPERVISION OF WORKERS
GENERAL NEGLECT OR COMPLACEMENT ATTITUDE
DELIBERATE ATTITUDE OF NON-COMPLIANCE
Prosecutions
VIOLATIONS RESULT IN DEATH OR SERIOUS INJURY
WCB OFFICERS ARE DELIBERATEY ONSTRUCTED FROM PERFORMING THEIR DUTIES
WORKERS ARE CONTINUOUSLY EXPOSED TO A HAZARD DESPITE REPEAT ORDERS, WARMING LETTERS OR PENALTIES
NON-COMPLIANCE WITH CLOSURE ORDER.
Everyone who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task,
WEST BILL (217.1 Criminal Code) “ Duty of Care”.
Finance and Assessments
REGISTER EMPLOYERS
CLASSIFY BUSINESSES
DETERMINE RATES
COLLECT ASSESSMENTS - INSURANCE PREMIUMS
INVEST MONIES
ASSESSMENTS
THE EMPLOYER IS ASSESSED A RATE BASED ON THE EXPERIENCE OF THE CLASS OF INDUSTRY.
VARIOUS FACTORS
INSURANCE COMPANY WANTS TO RECOVER COSTS
Classifications
BASED ON HAZARDS OF WORKPLACE
SIMILARLY HAZARDOUS BUSINESS GROUPED TOGETHER TO FORM LARGE POOLS FOR COLLECTIVE LIABILITY
BASIC INSURANCE RATE SET
EXPRESSED AS $ AMOUNT PER $100 OF PAYROLL (%)
CONSIDERED PAYROLL TAX
BASIC RATE FOR INDIVIDUAL BUSINESS CAN BE VARIED DEPENDING UPON OHS PERFORMANCE
Heinrich’s Accident Triangle
1 MAJOR INJURY - 29 MINOR INJURY - 300 NON-INJURY ACCIDENTS
4.1 A workplace must be planned,
constructed, used and maintained to protect from danger any person working at the workplace.
SAFE WORKPLACE - BC OHS REGULATIONS PART 4
WorksafeBC Requirements
STATEMENT OF AIMS AND RESPONSIBILITIES
WRITTEN SAFE WORK PROCEDURES
EDUCATION AND TRAINING
SUPERVISION OF WORKERS
INSPECTIONS
INVESTIGATIONS
JOINT OHS COMMITTEE
MAINTENANCE OF RECORDS AND STATISTICS
PERIODIC MANAGEMENT MEETINGS
Employer duties
EVERY EMPLOYER MUST
ENSURE THE HEALTH AND SAFETY OF
ALL WORKERS WORKING FOR THAT EMPLOYER, AND
ANY OTHER WORKERS PRESENT AT A WORKPLACE AT WHICH THAT EMPLOYER’S WORK IS BEING CARRIED OUT, AND
COMPLY WITH THE OHS PROVISIONS, THE REGULATIONS AND ANY APPLICABLE ORDERS.
Elements of safety program COR
POLICY STATEMENT
HAZARD ASSESSMENT AND CONTROL
SAFE WORK PRACTICES / SAFE JOB PROCEDURES
PPE
PREVENTIVE MAINTENANCE
INSPECTIONS
TRAINING AND COMMUNICATION
INVESTIGATIONS AND REPORTING
EMERGENCY PREPAREDNESS
RECORDS AND STATISTICS
LEGISLATION
JOINT HEALTH AND SAFETY COMMITTEE
Provincial agency dedicated to promoting safe and healthy workplaces across B.C. We partner with workers and employers to save lives and prevent work-related injury, disease, and disability. Our services include education, prevention, compensation and support for injured workers, and no-fault insurance to protect employers and workers.
WorkSafeBC
