Session 10 - Regulating Occupational Health & Safety (OHS) And Worker’s Compensation

20 Flashcards

Internal Shared Responsibility

Between employers and employees to ensure a safe and healthy workplace. This principle emphasizes collaboration in identifying and managing occupational health and safety risks.

Employee Rights

(Right to) Participate: Employees have the right to participate in joint health and safety committees.

(Right to) Know: Employees have the right to know about workplace hazards, including information under WHMIS and occupational exposure limits for hazardous substances.

(Right to) Refuse Unsafe Work: Employees have the right to refuse unsafe work, although this right is not often exercised.

5 Cornerstones of WC (Meredith Principles)

No-fault Compensation: Parties waive the right to sue, which eliminates disputes over responsibility for injuries.

Collective Liability: Costs are shared among employers without employee contributions, emphasizing a community approach to workplace safety.

Exclusive Jurisdiction: The Worker’s Compensation Board acts as the final decision-maker and is not bound by legal precedent, ensuring decisions are tailored to specific cases.

Security of Payment: A fund guarantees that compensation will always be available for employees, providing financial security and reassurance.

Independent Board: The board is autonomous, non-political, and financially independent of the government, which helps in maintaining its impartiality.

Long-Term Trends (OHS Data in SK)

Motor Vehicle Crashes: From 2011 to 2020, motor vehicle crashes were the #1 cause of fatalities in the workplace.

Asbestos-Related Diseases: 72% of disease fatalities between 2011 and 2020 were related to asbestos.

Top Industries for Serious Injuries in 2023: The health care, transportation, and construction industries were highlighted as having the highest rates of serious injuries.

#of Accepted WC Claims 2023 by Type of Injury

Injuries to the hand were the most frequently reported (3,000+), followed by back, leg, arm, and head injuries.

#of Accepted WC Claims 2023 By Occupations

Registered nurses filed the most claims (1,000+), followed by material handlers, truck drivers, construction trades helpers, and nurse aides.

Injuries Covered Under WC

Traumatic Injuries: Such as broken bones.

Injuries caused by repeated activities: Such as tendonitis.

Occupational Diseases: Including respiratory problems caused by exposure to chemicals.

Reinjuries and Complications: Covering reinjury and difficulties with a previous work-related injury.

Employment Assesment Rates - Calculation & Basis

Rate Calculation: Assessment rates are wage-related and calculated per $100 of assessable earnings (e.g., $1.45 per $100 of assessable earnings).

Assessable Earnings: These include salary/wages, overtime, bonuses, etc., and there is a cap on assessable earnings.

Minimum Premium: There is a minimum annual premium requirement established for employers.

Short-Term Disability

Nature of Benefits: Can be total or partial, with benefits typically ranging from 75-90% of pre-accident earnings.

Concurrent Conditions: Conditions existing before or emerging after the accident that are not directly related to the accident (like underlying diseases) are not compensable.

Duration of Benefits: If a concurrent condition prolongs the healing of a compensable disability, STD benefits are usually extended until recovery.

Long-Term Disability

Award System: Most jurisdictions use a dual award system for economic and non-economic losses.

Non-Economic Compensation: Includes compensation for loss of body parts or function, typically given as a one-time lump sum.

Economic Compensation: Measures loss of earning capacity, usually paid as monthly installments reflecting the difference between pre- and post-accident earning potential.

Health Care Related Benefits

Coverage: Encompasses most medical expenses that are generally covered by provincial health plans or extended health care plans, such as hospital care, physician services, drugs, and ancillary services.

Additional Support: Offers a wide range of vocational rehabilitation services, including training assistance, workstation modifications, job search assistance, and ergonomic modifications.

Survivors Benefits

Pension and Financial Support: Provides a pension and/or lump sum to a surviving spouse based on the deceased employee's earnings and the number of dependent children.

Child Allowance: Continues support for dependent children up to age 18, or older if they are full-time students.

Other Supports: Includes a lump sum for funeral costs and coverage for the transportation of the body.