OCHS 1101-2

What type of law is the Workers Compensation Act (WCA)?

Administrative law.

• It governs how government agencies and public officials make and enforce decisions.

How many Parts is the WCA divided into? List them.

There are 8 Parts:

• Part 1: Scope of the Act

• Part 2: Occupational Health and Safety

• Part 3: Workers’ Compensation System

• Part 4: Compensation to Injured Workers and Their Dependants

• Part 5: Accident Fund and Employer Assessment

• Part 6: Review of Board Decisions

• Part 7: Appeals to Appeal Tribunal

• Part 8: Workers’ Compensation Board and General Matters

What is the purpose of Schedule 1?

Lists diseases and their work-related causes.

What is the purpose of Schedule 2?

Lists hearing loss and disability rates.

Define a “worker” under the WCA.

generally someone working for an employer, plus certain legally included groups.

Anyone entering a contract of employment or apprenticeship

Who does the BC WCA apply to? What are some exceptions?

Most employers and workers in BC

Exceptions

• Certain federally regulated workplaces

• some students and volunteers

• independent operators who are not covered

• professional athletes

• other specifically exempted groups.

  
  

What must be established before compensation is provided for a claim?

The harm must be sufficiently connected to the worker’s job.

Legal worker

Medical proof

What legal action can workers take in industries outside the compensation system?

Sue the employer

What is the purpose of Part 2 of the WCA?

preventing workplace injuries and illnesses.

Covers

• safety duties

• Committees

• hazardous substances

• first aid

• incident reporting

• Inspections

• Enforcement

• Penalties

List the Board’s main functions, duties, and powers.

WorkSafeBC can:

• Establish OHS rules and requirements.

• Inspect workplaces and investigate incidents.

• Support employers, workers, and safety committees.

• Promote workplace safety programs.

• Collect safety statistics and support research.

• Recommend safety improvements to the government.

What are the general duties of employers?

Employers must:

• Protect workers’ health and safety.

• Inform workers about known and foreseeable hazards.

• Establish safety policies and programs.

• Provide training, instruction, and supervision.

• Establish required joint committees and cooperate with WorkSafeBC.

Remember: Employers must provide a safe workplace, training, information, and supervision.

What are the general duties of workers?

• Follow procedures

• wear PPE

• report hazards

• work safely

What are the general duties of supervisors?

Supervisors must ensure workers

• H&S is protected

• understand workplace hazards

• follow rules and procedures

What are the responsibilities of stakeholders in a multi-employer workplace?

Prime contractor = coordinate H&S

owner = premises/property

supplier = safe products/equipment

What is a joint committee, and how is it structured?

• Joint committee = workers + employer representatives working together on safety.

• Required in workplaces with 20+ workers. At least 4 members; half must be workers

What are the duties of a joint OHS committee?

Identify

recommend

inspect

investigate

meet

What does Division 6, Worker Protection in Relation to Prohibited Actions, do?

Workers can’t be punished for speaking up about safety

What are the two options for workers facing prohibited actions?

Grievance

WorkSafeBC complaint.

What are common consequences of prohibited actions?

WorkSafeBC may order the responsible party to:

• Stop it

• restore the worker’s position

• repay losses

• correct the record.

What does Division 7, Information Requirements, cover?

• Provide safety information

• Protect legally confidential information.

What are the three key areas covered by Division 8, Certification and Other Specific Authorities?

First aid

Medical monitoring

High-risk work

What is a variance order? What conditions must be met?

Lets an employer use a different safety rule when the usual rule is not practical.

The employer must:

• Prove the alternative is just as safe.

• Apply in writing

• State workplace, activity, and time period

What are employers’ responsibilities for accident investigations and reporting?

Report → Preserve → Investigate → Correct

What is the purpose and scope of Board inspections, investigations, and inquiries?

Purpose: Check compliance, prevent harm, and investigate incidents.

Scope: Officers may

• Enter

• Inspect

• Question

• Collect

What is WorkSafeBC’s role under Division 12, Enforcement?

WorkSafeBC can

• order corrections

• stop unsafe equipment use

• shut down dangerous work

What are the main enforcement actions under Division 12?

Report compliance

restrict certificates

impose fines

obtain court orders

What does Division 13, Offences, cover?

Violations can lead to

• prosecution

• fines

• imprisonment

• other court penalties

What is the purpose of Division 15, Regulations for OHS and Other Purposes?

The authority to make and update safety regulations.

What are the key provisions of Part 3, Division 1?

• Employers can’t deduct worker wages for compensation

• workers keep compensation rights

• benefits are protected

• under-19 workers are adults

What is the Accident Fund?

money used to cover workplace injury claims and related services.

Administered by WSBC

What is an assessment under Part 5 of the WCA?

• the employer’s payment into the compensation system.

• Depends on industry, risk, payroll

What are the key provisions of Part 6, Review of Board Decisions?

Ask WorkSafeBC to review a decision before pursuing an eligible appeal.

What is WCAT? What does it do, and how does the appeal process work?

Workers’ Compensation Appeal Tribunal

• Independent body that hears WorkSafeBC decision appeals

• Procedure

  • party submits appeal

  • WCAT reviews

  • a hearing may be held

  • WCAT issues a decision