Legislation and the Compensation System

Question 1

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.

Answer 1

WORK COMPENSATION ACT

Question 2

Father of Canadian Workers’
Compensation

Answer 2

Sir William R. Meredith

Question 3

Why did Countries start Worker’s
Compensation Systems?

Answer 3

RISING COURT COSTS

PROTRACTED SETTLEMENTS

LARGE JUDGEMENTS

POSSIBLY BANCKRUPTING FIRM

COURTS BURDENED WITH CASES

Question 4

Meredith’s five principles

Answer 4

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

Question 5

Historic compromise

Answer 5

Workers exchange the right to sue their employer for NO FAULT compensation.

Question 6

The principle any legislation passed based on…

Answer 6

“… 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”

Question 7

Additional principles added by Pineo

Answer 7

WORKER’S COMPENSATION SYSTEM SHOULD BE RESPONSIBLE FOR HEALTH AND SAFETY

THERE MUST BE A SYSTEM TO ENSURE FUNDS IN THE FUTURE

Question 8

Worker’s Compensation Board

Answer 8

COMPENSATION

REHABILITATION

OCCUPATIONAL SATETY & HEALTH

Question 9

Worksafe BC Mission

Answer 9

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

Question 10

Principles of compensation

Answer 10

ESSENTIALLY SAME ACROSS CANADA

NO FAULT INSURANCE POLICY

COSTS PAID BY EMPLOYERS

VIRTUALLY ALL INDUSTRIES COVERED

Question 11

WorkSafe BC Mandate

Answer 11

Develop regulations.

Inspection & Investigations
OSO (Occupational Safety Officer)
OHO ( Occupational Hygience Officer)

EDUCATE / PROMOTE HEALTH AND SAFETY

MAINTAIN STATISTICS

Question 12

Compliance

Answer 12

EDUCATION

CONSULTATION

INSPECTION

ACCIDENT INVESTIGATION

STOP WORK

PENALTIES

PROSECUTION

Question 13

Considerations for additional assessment

Answer 13

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

Question 14

Prosecutions

Answer 14

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.

Question 15

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,

Answer 15

WEST BILL (217.1 Criminal Code) “ Duty of Care”.

Question 16

Finance and Assessments

Answer 16

REGISTER EMPLOYERS

CLASSIFY BUSINESSES

DETERMINE RATES

COLLECT ASSESSMENTS - INSURANCE PREMIUMS

INVEST MONIES

Question 17

ASSESSMENTS

Answer 17

THE EMPLOYER IS ASSESSED A RATE BASED ON THE EXPERIENCE OF THE CLASS OF INDUSTRY.

VARIOUS FACTORS

INSURANCE COMPANY WANTS TO RECOVER COSTS

Question 18

Classifications

Answer 18

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

Question 19

Heinrich’s Accident Triangle

Answer 19

1 MAJOR INJURY - 29 MINOR INJURY - 300 NON-INJURY ACCIDENTS

Question 20

4.1 A workplace must be planned,
constructed, used and maintained to protect from danger any person working at the workplace.

Answer 20

SAFE WORKPLACE - BC OHS REGULATIONS PART 4

Question 21

WorksafeBC Requirements

Answer 21

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

Question 22

Employer duties

Answer 22

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.

Question 23

Elements of safety program COR

Answer 23

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

Question 24

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.

Answer 24

WorkSafeBC