OH&S Principles for Principals
Thanks to recent funding, the BC Public School
Employers’ Association (BCPSEA) has prepared a user-friendly guide to
assist Principals and Vice Principals with their responsibilities under
the Workers’ Compensation Act and WorkSafeBC regulations.
This online resource document
will provide uniform advice on managing Occupational
Health & Safety requirements as described in Part 3 of the Workers
Compensation Act and the OH&S Regulations.
It will also support principals
and vice principals in referring
issues for appropriate school district resolution where necessary. The
resource provides guidance and should not supersede any Board policies
regarding occupational health and safety procedures/requirements.
This document was created in
consultation with the BC Principals’ and Vice Principals Association
(BCPVPA) and was reviewed by WorkSafeBC’s technical review committee.
BCPSEA will receive a limited
number of hard copy flip books which we will distribute.
Thank you to the members of the
joint committee for making this project a success: Sue Ferguson (BCPSEA),
Jennifer Canas (BCSSA), Harold Krische (BCPVPA staff ) and BCPVPA
members, Sheryl Lindquist (SD73), Alex Baumann (SD44), David Mushens
(SD41) and Shairoz Merani (SD41).
Click the image below to access
the complete interactive document.
Bill 14 – Workers’ Compensation Amendment Act, 2011
Bill
14, Workers’ Compensation Amendment Act proposes amendments in the
following areas:
·
Consumer
Price Index (CPI) adjustments
·
Calculation
of long-term average earnings for apprentices and learners
·
Mental
stress
The
consumer price updating is housekeeping and reflects the 2011 CPI
adjustments contained in the Board minutes.
The
long-term average earnings for apprentices and learners will reflect the
greater of either the time of injury earnings, or the earnings in the
twelve month period preceding the injury. If there is a permanent
disability the average earnings will be determined using a qualified
person’s gross earnings.
Mental Stress
April 30, 2009, the BC Court of Appeal released its
decision in Plesner v. British Columbia (Hydro and Power Authority),
[2009] B.C.J. No. 856 (C.A.). This case involved a constitutional
challenge to the mental stress provisions found in section 5.1 of the Workers
Compensation Act, R.S.B.C. 1996, c. 492 (the “Act”) and Policy Item
13.30 (the “Policy”) of the Rehabilitation Services and Claims Manual,
Volume II (“RS&CM”).
Pursuant to that decision, at its meeting on July
14, 2009, the Board of Directors approved changes to the Policy. The key
changes to the policy follow the direction provided by the BC Court of
Appeal, specifically:
·
Consistent
with the decision in the Plesner v. BC Hydro and Power Authority et al,
2009 BCCA 188, a number of policy statements and all examples were
severed.
·
Inclusion
of a definition of a traumatic event as “an emotionally shocking event”,
which reflects both the Dorland’s Medical Dictionary, 24th Edition and
The Concise Oxford Dictionary definitions of traumatic.
·
A
reference was inserted that states an acute reaction may be delayed in
certain circumstances, in keeping with the accepted diagnostic features
of mental stress.
Currently
mental stress is defined as when there is an acute reaction to a sudden
and unexpected event arising out of and in the course of the worker’s
employment.
The change being made in Bill 14 would allow for compensation
to be paid where the mental stress is a reaction to:
I.
One or more
traumatic events arising out of and in the course of the worker’s
employment, or
II.
A
significant work-related stressor or a cumulative series of significant
work-related stressors, arising out of and in the course of the worker’s
employment.
Current policy requires that the event must be
clearly and objectively verifiable and that a traumatic event is an
“emotionally shocking” event. There is no current policy that
describes a “significant stressor”.
The Act provides that a mental stress
reaction is not compensable when it is caused by a decision of the
worker’s employer relating to the worker’s employment, such as a decision
to change the work to be performed or the working conditions, to discipline
the worker or to terminate the employment.
What does this mean to
employers?
Costs to employers will increase. The
conservative estimate from government is $18 to $20 million per
year. This is in compensation
costs only. Additional costs will be in administration, including
difficult adjudications and appeals, and medical costs.
Regulation and Policy will have to be extremely
clear in order to ensure appropriate cases are referred and compensated
appropriately.
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Bill 14 is
awaiting second reading in the Legislature
We do not know if there will be any amendments.
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Day of Mourning – April 28, 2012
 Across Canada, April 28 has been
designated the Day of Mourning, a time when workers, families, employers,
and others come together to remember those who have lost their lives to
work-related incidents or occupational diseases.
Every
year, WorkSafeBC, the BC Federation of Labour, and the Business Council
of British Columbia co-host a public ceremony to honour the occasion.
Because
April 28 falls on a weekend this year, a ceremony will be held at Jack
Poole Plaza in Vancouver on Friday, April 27, at 10:30 am to pay tribute
to fallen workers. All are welcome.
WorkSafeBC
will also be webcasting the Day of Mourning proceedings live on WorkSafeBC.com so that
workers and others who cannot attend their local ceremonies can watch
from anywhere in the world and be a part of the occasion.
You can request complimentary
Day of Mourning decals and posters through WorkSafeBC's online order form.
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