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Guidelines Workers Compensation Act

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Guidelines Workers Compensation Act Part 3 Division 3

G-D3-115(1) The BC Human Rights Code and responsibilities of employers

Issued February 4, 2005

Section 115(1) of the Workers Compensation Act ("Act") states:

115(1) Every employer must

(a) ensure the health and safety of

(i) all workers working for that employer, and

(ii) any other workers present at a workplace at which that employer's work is being carried out, and

(b) comply with this Part, the regulations and any applicable orders.

The purpose of this guideline is to provide direction to prevention officers in dealing with worker complaints that compliance with provisions of the Act or OHS Regulation may violate provisions of the British Columbia Human Rights Code (" Code"). Sections 13(1) and 13(4) of the Code state:

Discrimination in employment

13(1) A person must not

(a) refuse to employ or refuse to continue to employ a person, or

(b) discriminate against a person regarding employment or any term or condition of employment

because of the race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person or because that person has been convicted of a criminal or summary conviction offence that is unrelated to the employment or to the intended employment of that person.

13(4) Subsections (1) and (2) do not apply with respect to a refusal, limitation, specification or preference based on a bona fide occupational requirement.

There are circumstances in which a worker may refuse to perform certain work practices prescribed by the Act or OHS Regulation based upon religious or other protected characteristics specified in section 13(1) of the Code. Moreover, a worker may complain that an employer that attempts to compel the worker to comply with the requirements of the Act or OHS Regulation in light of his or her particular complaint is discriminating against the worker contrary to the provisions of the Code. At this point, the employer may choose to call a prevention officer to assist in resolving the matter.

Bona fide occupational requirements and accommodation of workers
It is generally accepted that OHS requirements are bona fide occupational requirements, as they are reasonably necessary to assure the safety of workers. Even so, an employer may have to make reasonable attempts to accommodate a worker's protected characteristics listed in section 13(1) of the Code (such as a physical disability or religious beliefs) but only to the point where the employer would suffer undue hardship in making an accommodation.

What constitutes accommodation to the point of undue hardship is a question that rests on the unique facts of each case. Accommodation may take many forms depending on the circumstances, including re-assignment, changing work schedules, modifying machinery, and so forth. The point of undue hardship will generally vary with the size of the employer, as larger employers may find it easier to accommodate a worker's protected characteristics without suffering a great degree of harm.

The employer is usually expected to take the initiative in proposing ways to accommodate a worker, and a worker is expected to actively participate in the process.

Role of the prevention officer
The Board does not enforce Code requirements, which are beyond the scope of the Act. Code requirements are administered by the BC Human Rights Tribunal. If a prevention officer encounters a situation where the Code is at issue and a violation of the Act or OHS Regulation is apparent, the prevention officer will first ensure that any immediate risk to the health and safety of workers is controlled. The prevention officer will then inform the employer that he or she may have a duty to accommodate the worker's protected characteristics (such as a physical disability, religious beliefs, or other characteristics listed in section 13(1) of the Code). The prevention officer will advise the employer to contact the BC Human Rights Tribunal or seek legal advice on how the worker should be accommodated (if at all), which will depend on the specific facts at hand.

The prevention officer will not advise the employer on accommodation issues, as the nature of accommodation is a complex legal question which is dependent on numerous factors related to the employer's operations. The prevention officer should also refrain from writing orders until the employer has had an opportunity to seek further advice, including legal counsel, to resolve the issue. However, the prevention officer could advise on alternative work practices that comply with the Act or OHS Regulation which could be acceptable to both parties.

The prevention officer should return to the worksite after a reasonable period of time and discuss what steps (if any) the employer has taken to resolve the issue and any ongoing Act or OHS Regulation violations that stem from Code-related issues. If the employer has not taken steps to address any ongoing violations, the prevention officer should no longer refrain from writing orders against the employer. The prevention officer should ensure compliance with the Act and OHS Regulation, regardless of any outstanding Code-related issues at the worksite, as the onus rests with the employer to accommodate a worker in the face of bona fide occupational requirements.

Any dispute that arises regarding the employer's choice of accommodation measures (if any) would fall within the jurisdiction of the BC Human Rights Tribunal and should be dealt with by that agency.

G-D3-115(2)(f) Copy of the Act readily available

Issued April 27, 2000; Updated March 28, 2002; Editorial Revision February 7, 2006

Regulatory excerpt
Section 115(2)(f) of the Workers Compensation Act (Act) states:

Without limiting subsection (1), an employer must...(f) make a copy of this Act and the regulations readily available for review by the employer's workers and, at each workplace where workers of the employer are regularly employed, post and keep posted a notice advising where the copy is available for review,...

Purpose of guideline
This guideline discusses considerations involved in determining how to make a copy of the Act and OHS Regulation "readily available" under section 115(2)(f) of the Act.

"Readily available"
What constitutes "readily available" requires the exercise of judgement with some consideration of the circumstances surrounding the request. For example, if reference to the Act or the OHS Regulation is for health and safety purposes related to the work under way or about to take place, then a worker should be able to review the relevant material promptly, though not necessarily immediately on demand. However, this may mean that the work has to stop, or may not start until the health or safety issue is clarified. This will be particularly relevant if the issue is one of a worker exercising the right to refuse unsafe work. If the need for reference is for a claims or assessment matter, the actual time it takes to make the Act readily available for review might reasonably be a longer time than for making the health and safety related portions available.

Use of electronic versions of the legislation
The copy of the OHS Regulation and Act that is made readily available for workers may be either a printed or electronic version. If an employer chooses to meet the requirement under section 115(2)(f) by providing access to an electronic version of the Act and OHS Regulation, the employer should be prepared to provide assistance to workers who do not have sufficient computer skills or equipment to access the electronic version on their own. The employer should also be prepared to print off portions of the Act or OHS Regulation as the worker may reasonably request to deal with a particular topic or issue.

The use of the Board's "Excerpts" from the Act
The Board reproduces some portions of the Act relating to occupational health and safety matters as "Excerpts" from the Act, which are available on-line (see below). An employer might comply with section 115(2)(f) of the Act by having a copy of these excerpts as well as the OHS Regulation reasonably available at the workplace and by having a plan in place to provide workers access to the complete Act within a few work days.

The employer's plan for providing workers access to the complete Act might include arrangements to visit a company's office or other fixed work location, a local library or another resource center where the relevant material can be accessed in print form or online. The Act requires the employer to post and keep posted "a notice advising where the copy is available for review".

Sources of the Act and OHS Regulation The following Internet addresses provide unofficial online versions of excerpts of the Act and the OHS Regulation.

Legislation can also be purchased from Crown Publications Inc. (http://www.crownpub.bc.ca; ph. 250.386.4636).

G-D3-116 Orders to workers  New Item

Preliminary Issue September 30, 2009

Regulatory excerpt
Section 116 (General duties of workers) of the Workers Compensation Act ("Act") states:

116(1) Every worker must

(a) take reasonable care to protect the worker's health and safety and the health and safety of other persons who may be affected by the worker's acts or omissions at work, and

(b) comply with this Part, the regulations and any applicable orders.

(2) Without limiting subsection (1), a worker must

(a) carry out his or her work in accordance with established safe work procedures as required by this Part and the regulations,

(b) use or wear protective equipment, devices and clothing as required by the regulations,

(c) not engage in horseplay or similar conduct that may endanger the worker or any other person,

(d) ensure that the worker's ability to work without risk to his or her health or safety, or to the health or safety of any other person, is not impaired by alcohol, drugs or other causes,

(e) report to the supervisor or employer

(i) any contravention of this Part, the regulations or an applicable order of which the worker is aware, and

(ii) the absence of or defect in any protective equipment, device or clothing, or the existence of any other hazard, that the worker considers is likely to endanger the worker or any other person,

(f) cooperate with the joint committee or worker health and safety representative for the workplace, and

(g) cooperate with the Board, officers of the Board and any other person carrying out a duty under this Part or the regulations.

Section 117 (General duties of supervisors) of the Act states:

117(1) Every supervisor must

(a) ensure the health and safety of all workers under the direct supervision of the supervisor,

(b) be knowledgeable about this Part and those regulations applicable to the work being supervised, and

(c) comply with this Part, the regulations and any applicable orders.

(2) Without limiting subsection (1), a supervisor must

(a) ensure that the workers under his or her direct supervision

(i) are made aware of all known or reasonably foreseeable health or safety hazards in the area where they work, and

(ii) comply with this Part, the regulations and any applicable orders,

(b) consult and cooperate with the joint committee or worker health and safety representative for the workplace, and

(c) cooperate with the Board, officers of the Board and any other person carrying out a duty under this Part or the regulations.

Purpose of guideline
The purpose of this guideline is to explain the factors that will be considered in determining whether or not to issue orders to workers (OtWs).

Background
Under the broad enforcement power in section 187 of the Act, WorkSafeBC prevention officers may issue orders to various workplace parties pursuant to provisions of the Act and the OHS Regulation ("Regulation"). The general duty sections of Part 3, Division 3 of the Act assign responsibilities for health and safety in the workplace to employers, workers, supervisors, prime contractors, and suppliers, as well as directors and officers of corporations.

Prevention policy provides that all parties with duties under the Act may be able to affect the health and safety of persons at or near a workplace. While the employer has the primary responsibility for health and safety at their workplace, any and all of the parties may be cited for violations of their statutory duties as more than one party may be responsible. Each party must fulfill the obligations imposed on him or her and where those obligations have not been fulfilled, prevention officers may issue orders to all the parties.

In issuing orders, the main consideration is not which party is most responsible for a workplace violation. Rather, prevention officers consider issuing orders on those persons who are not in compliance with their responsibilities under the Act and Regulation. Whether orders are issued on an employer or not, the prevention officer will consider if orders on the supervisors and workers are required. OtWs may also be issued against an employer, if they are acting in the capacity of a worker.

Responsibilities
Worker
Workers must work safely, and should encourage their co-workers to do the same. An important component of a worker's responsibility for his or her own safety is to ask for training if he or she is unsure about the hazards of their job or how to safely perform a work task.

Responsibilities of workers set out under section 116 of the Act include

  • Taking reasonable care to protect his or her health and safety and the health and safety of others
  • Following safe work procedures
  • Using appropriate personal protective equipment (ppe)
  • Not engaging in horseplay or other hazardous conduct
  • Ensuring that their ability to work is not impaired by alcohol, drugs, or other causes
  • Reporting to his or her supervisor or employer unsafe conditions and contraventions of the Act or Regulation
  • Co-operating with prevention officers

Workers may not be disciplined for refusing to perform a task that they have reasonable cause to believe is dangerous. A supervisor or worker has the right to refuse unsafe work and the employer should advise them of that right.

Supervisor
Under section 117 of the Act, supervisors have specific responsibilities that are additional to their duties as workers under section 116. The supervisor's responsibilities include

  • Providing training and orientation to new and young workers
  • Instructing workers in safe work procedures
  • Training workers in their assigned tasks, and checking that their work is being done safely
  • Ensuring that only authorized and properly trained workers operate tools and machinery, use hazardous chemicals, and enter confined spaces
  • Ensuring that equipment and materials are properly handled, stored, and maintained
  • Correcting and investigating unsafe acts and conditions that they observe or that are reported to them

Supervisors have the right and responsibility to refuse to direct workers to perform work the supervisor considers unsafe.

Issuing orders
In determining whether or not an OtW is appropriate against a supervisor or worker, a prevention officer needs to consider three elements and determine the role that each element contributed.

Knowledge
First, did the supervisor or worker have knowledge of the hazard, the risk of injury, or the requirements applicable to the work involved? Evidence of sufficient knowledge may be demonstrated by considering what training and orientation they received on the job. For example, the supervisor or worker may have obtained general knowledge of the hazard through previous education, from training received through a formal trade qualification, experience at the task, or in the industry.

Control
Second, did the supervisor or worker have control over the hazard? Were adequate controls readily available at the worksite and were the controls properly used? Examples of controls include personal protective equipment, local exhaust ventilation, or an exposure control plan. An order should only be issued if the supervisor or worker had some means within their authority to control or reduce the hazard.

Reasonable steps to be taken
Third, did the supervisor or worker take reasonable steps within their authority to control the hazard? Taking reasonable steps may include wearing personal protective equipment or using appropriate safety procedures.

Situations where an OtW may be appropriate include

  • Worker fails to use ppe in accordance with requirements (section 8.9 of the Regulation)
  • Supervisor does not ensure appropriate ppe is available, properly worn, and maintained (section 8.8 of the Regulation)
  • Blaster fails to follow safe blasting procedures (section 21.66 of the Regulation)
  • Worker fails to comply with lockout procedures (section 10.7 of the Regulation)
  • Worker engages in improper activity or behaviour at the workplace (section 4.25 of the Regulation)
  • Crane operator does not follow proper procedures (section 14.38(2) of the Regulation)
  • Worker remains at workplace while being impaired (section 4.20(1) of the Regulation)
  • While spraying isocyanate-containing paint, the worker does not wear the airline respirator that was properly selected and provided for the worker's use by the employer. The worker was aware of the lung sensitization hazard associated with exposure to isocyanate.
  • Worker enters a live sewer well (confined space) without conducting pre-entry atmospheric testing and without ventilating the space. The worker was aware that the well was a confined space that could contain a hazardous atmosphere. Worker was also provided with adequate instruction and training regarding pre-entry requirements and other safe work procedures for confined space entry work.
Examples

1. A WorkSafeBC prevention officer observes three workers on a roof without proper fall arrest equipment at a height of 20 feet from ground. The prevention officer determines through discussion that one of them is the assigned supervisor and the other two are workers that are working on this job after hours from their regular employment.

The prevention officer finds that the employer has supplied all three workers with fall arrest equipment, but the equipment has been left in the truck. The supervisor is unable to produce training logs to demonstrate that the workers have been instructed in fall protection, and neither of the workers is able to properly don their harnesses when asked to do so by the prevention officer. The prevention officer determines that the supervisor had knowledge of the hazards of falling from the roof, and sufficient ability to control the hazard but failed to take reasonable steps to do so.

The supervisor would be issued an OtW for failing to fulfill his obligations under the Act and the Regulation. The workers in this example were neither properly trained nor instructed by the supervisor to wear the fall arrest equipment. This lack of training meant the workers did not know how to use the equipment, and they did not understand the risks of failing to wear it. In addition to issuing an OtW to the supervisor, the prevention officer could consider if orders would be warranted against the employer for failing to ensure that proper training and orientation were done.

2. In another example, a prevention officer finds a similar situation but the supervisor is able to produce a training log that shows the workers were trained in fall protection, and the workers can demonstrate that they understand the purpose of, and how to use, the fall arrest equipment at the worksite.

In this case, the prevention officer would issue an OtW against each of the workers. These workers had knowledge of the hazard, and were supplied with the proper equipment and training to control the hazard. Through their own actions they failed to take reasonable steps to control the hazard. The prevention officer could also consider if an OtW is warranted against the supervisor for failing to fulfill his obligations as a supervisor under the Act and Regulation to ensure the workers wore the equipment.

Collaborative approach
While orders are often regarded by employers and others as punitive in nature, they are not meant to punish. Orders are meant to provide direction to the workplace parties to ensure compliance with general duties and other requirements that address specific hazards at the workplace, thereby ensuring the health and safety of all. This is true of worker orders as well as orders to other parties.

In many cases, the OtW can be used as a learning tool for a supervisor or worker and should not be regarded as a punitive measure. However, the OtW can be used appropriately to serve as the foundation for progressive discipline by an employer or further compliance activity by a prevention officer.

The OtW also supports engaging the supervisor or worker in health and safety at work through

  • Educating the supervisor or worker about their responsibilities
  • Ensuring the safety of supervisor or worker (and others) at the workplace
  • Persuading the supervisor or worker to take responsibility for their own safety
  • Having the supervisor or worker understand the effect of their actions on the health and safety of others at the workplace

When issuing an OtW, these goals can often best be achieved by including the employer and using a collaborative approach between the employer and worker. The prevention officer can also ask the employer to agree to follow-up with the supervisor or worker to ensure their understanding of, and compliance with, the OtW.

Orders to workers against employers, suppliers, directors, or officers
Orders to workers may be issued against any workplace party who meets the definition of a worker, even where they also meet the definition of an employer, supplier, director, or officer. Where these workplace parties are also workers, they must comply with the duties of a worker.

Appendix
Procedural Directions When Issuing an OtW
Procedures
Where a prevention officer determines that the criteria for issuing an OtW have been met the following procedures apply when issuing the OtW.

First, the prevention officer should consult with the worker and the employer of the worker. This consultation should cover

  • Why the OtW is being issued
  • What are the responsibilities of each party to ensure compliance with the OtW
  • What are the possible consequences of not complying with the OtW

Second, the prevention officer will issue the OtW, and require the order to be posted in the worksite (see below for further information). The prevention officer may include text outlining the consequences of not complying with the order. Consequences include possible prosecution and fine, orders being issued against the employer for failing to ensure the worker complies with the OtW, and orders to stop using equipment or stop work generally where either order is appropriate.

The prevention officer may also include a Notice of Compliance for the worker to complete. The Notice of Compliance will be completed and signed by the worker, in conjunction with the employer, and will outline what steps the worker agrees to take to ensure compliance with the order.

Finally, the prevention officer will determine if a follow-up is needed with the worker and/or employer to ensure that compliance has been achieved, and if applicable, if the steps in the Notice of Compliance have been followed.

Posting of OtWs
The prevention officer should instruct the employer to post the OtW at the workplace in a similar manner that is required to post an Inspection Report (IR). The employer should be instructed to give a copy of the OtW to the joint health and safety committee or worker health and safety representative, as applicable. The authority to instruct the employer to post the OtW is section 187(2)(f) of the Act. Under this section, a prevention officer may also order any person to post the OtW, if the prevention officer deems it necessary.

Disclosure to the employer of the OtW and posting the OtW are meant to assist workplace parties to meet the required standards for occupational health and safety. For example, the information on an OtW can assist an employer to

  • Determine what procedure or practice improvements, training, or other measures may be required in the workplace to prevent similar violations
  • Ensure that the violation was made by the employer's worker or supervisor and not that of another party, such as a subcontractor
  • Identify the possible need for corrective action relating to a particular worker or supervisor, such as further training or discipline
  • Make other parties at the workplace aware of potential hazards and improper practices

Information in an IR
Where an OtW is issued as the result of a prevention officer's findings on an inspection, the prevention officer should reference the number of the OtW report in the applicable IR. The name or other personal information about the worker related to the OtW should not be included in the IR or in any other records that are available to the public upon request to Prevention Records. A request to WorkSafeBC for disclosure of an OtW will be dealt with by Prevention Records, and in accordance with the Freedom of Information and Protection of Privacy Act.

G-D3-124 Responsibilities of the persons/parties in a workplace

Issued March 28, 2002; Revised June 6, 2007

Regulatory excerpt
Section 124 of the Workers Compensation Act ("Act") states:

If

(a) one or more provisions of this Part or the regulations impose the same obligation on more than one person, and

(b) one of the persons subject to the obligation complies with the applicable provision,

the other persons subject to the obligation are relieved of that obligation only during the time when

(c) simultaneous compliance by more than one person would result in unnecessary duplication of the effort and expense, and

(d) the health and safety of persons at the workplace is not put at risk by compliance by only one person.

Policy Item D3-123/124-1 provides:

All parties with duties under the Act may be able to affect the health and safety of persons at or near a workplace. Any and all of these parties may be cited for violations of their statutory duties regardless of whether or not another person has fulfilled his or her statutory responsibilities.

Under section 124 of the Act, one person may be relieved of his or her obligations under Part 3 of the Act or the Regulations if:
  • Another person who is subject to the same obligations complies with those obligations
  • Simultaneous compliance by more than one person would result in unnecessary duplication of effort and expense
  • The health and safety of persons at the workplace would not be put at risk by the compliance of only one person

The first requirement of this Limited Exemption means that persons who have the same duty under the Act or Regulations may agree amongst themselves as to who should perform it. WorkSafeBC is neither bound by any agreements of this nature, nor by whether the terms of the agreement are complied with. WorkSafeBC's primary concern is that the duty in question is fulfilled.

Further, even if the first requirement is satisfied, the Limited Exemption will only apply if WorkSafeBC determines that the second and third requirements set out in section 124 are also satisfied. The third requirement of the Limited Exemption will not be met if performance of the occupational health and safety duty by one person leaves health and safety risks that would be eliminated by others performing their duty.

Purpose of guideline
The purpose of this guideline is to provide examples of the application of section 124 of the Act.

Background
At any workplace, more than one workplace party may be responsible for particular workplace conditions or hazards. Each party must fulfill the obligations posed on him or her through the Act and OHS Regulation ("Regulation"). Where those obligations have not been fulfilled, WorkSafeBC prevention officers may issue orders and, where appropriate, recommend administrative penalties or prosecutions.

In most circumstances, workplace parties may not contract out or delegate their responsibilities, or otherwise rely on others to discharge their responsibilities. However, s.124 of the Act provides for a Limited Exemption to a workplace party's compliance obligations. This exemption, further described in Policy Item D3-123/124-1: General Duties - Overlapping Obligations (Policy) above, allows a workplace party to make arrangements with another party to fulfill that party's obligation. It is important to bear in mind that in order for the Limited Exemption to apply, all the elements set out in s. 124 and summarized in the bulleted list in the Policy must be met. These are

  • Another person who is subject to the same obligations complies with those obligations
  • Simultaneous compliance by more than one person would result in unnecessary duplication of effort and expense
  • The health and safety of persons at the workplace would not be put at risk by the compliance of only one person

Some examples may assist in understanding the applicability of the Limited Exemption in s. 124 of the Act.

Example 1:
An employer operates a small wood-processing plant. The employer decides to hire a contractor to supervise a small crew made up of both the contractor's and the employer's workers to clean up wood waste around machines and conveyors on a Saturday when the plant is not operating. The employer tells the contractor he is responsible for making sure everything is done safely, ensures the contractor understands lockout procedures, and provides the contractor with access to the controls for the machinery. The contractor ensures the machinery is adequately locked out, as required by Part 10 of the Regulation, and performs the required maintenance safely.

In this example, the employer fulfilled its obligation for the Saturday job. The elements of s. 124 are met, as both the employer and the contractor had an obligation to ensure that the machinery was locked out, but having the employer comply with the lockout provisions as well as the contractor would have resulted in unnecessary duplication. However, had the contracting employer not fulfilled the lockout requirements, both the employer and the contracting employer would have been in violation of Part 10.

Example 2:
An employer operates a manufacturing plant and requires an air compressor. The employer contacts a supplier (an equipment dealer/rental firm) and orders a used compressor. The only compressor the supplier had was missing the guard around the cooling fan and its drive belts. The supplier shipped the unit to the employer with the guard missing. The employer noticed the guard was missing, and before putting the compressor into service in the plant, ensured that a replacement guard that met the requirements of Part 12 of the Regulation was made in its machine shop from a guard from another piece of equipment that was not in service.

While the guarding on the equipment was ultimately compliant, the supplier did not meet its obligations under s. 120 of the Act to ensure its equipment was safe or provide directions regarding the safe use of the equipment. Section 124 does not apply, as the employer and the supplier did not have the same obligation. Further, the Policy states that: "The third requirement of the Limited Exemption will not be met if performance of the occupational health and safety duty by one person leaves health and safety risks that would be eliminated by others performing their duty." In this example, the supplier left the risk to be eliminated by the employer performing its duty. Section 124 does not automatically excuse one party from compliance merely because another party has addressed the non-compliant situation and ensured that a hazardous situation was avoided.

Example 3:
An office building is being renovated. The owner has hired a prime contractor to coordinate the various contractors working on the renovation. Each contractor that is an employer for the purposes of the Act and Regulation, must provide its workers "the information, instruction, training and supervision necessary to ensure the health and safety of those workers" under s. 115 of the Act. However, some aspects of this obligation may of necessity be fulfilled by the prime contractor at the workplace, as it fulfills its obligation to coordinate the workplace, depending on the prime contractor's system of coordination and the realities of the particular workplace.

The employer will inevitably remain responsible for certain aspects of instruction, training, and supervision (such as how to perform tasks safely and to ensure the workers conform to the prime contractor's system for coordinating the workplace). For those aspects of instruction, training, and supervision that the realities of the workplace suggest would be better performed by the prime contractor, then s. 124 permits the employer to be excused from having to undertake those activities. However, if the prime contractor is not performing its obligations effectively, or its system of coordination is such that contact with workers is limited, then the employer is responsible to ensure that all aspects of worker instruction, training, and supervision are adequate to ensure health and safety.

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Disclaimer: The Worker and Employer Services Division issues Guidelines to help with the application and interpretation of sections of the Occupational Health and Safety Regulation and with divisions of the Workers Compensation Act that relate to health and safety. Guidelines are not intended to provide exclusive interpretations but to assist with compliance. WorkSafeBC ("Workers' Compensation Board of B.C.") does not warrant the accuracy or the completeness of the online version of the Guidelines and neither WorkSafeBC nor its board of directors, employees or agents shall be liable to any persons for any loss or damage of any nature, whether arising out of negligence or otherwise, which may be occasioned as a result of the use of the online version of the Guidelines.