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Workers Compensation Act - Excerpts and Summaries
Part 3 Division 7 - Information and Confidentiality
Posting of information
154
(1) Where this Part, the regulations or an order requires an employer or other person to post information at a workplace, the person must
(a) post the information at or near the workplace in one or more conspicuous places where it is most likely to come to the attention of the workers, or
(b) otherwise bring it to the notice of and make it available to the workers at the workplace in accordance with the regulations.
(2) If reasonably practicable, at least one place of posting under subsection (1) (a) must be at or near the equipment, works or area to which the information relates.
(3) As an exception, if posting or notice referred to in subsection (1) is not reasonably practicable, the employer or other person must instead adopt other measures to ensure that the information is effectively brought to the attention of the workers.
Occupational health and safety information summary
155
(1) An occupational health and safety information summary for a workplace or workplaces of an employer may be requested by
(a) the employer,
(b) a joint committee or worker representative of the employer,
(c) a union representing workers of the employer, or
(d) if there is no joint committee or worker representative for a workplace, any worker of the employer working at the workplace.
(2) On receiving a request under subsection (1), the Board must prepare a summary in relation to the workplace or workplaces for which the request is made of
(a) the prescribed information relating to the previous calendar year, and
(b) any other data the Board considers necessary or advisable to provide.
(3) A summary requested under this section must be sent to the person who made the request and, if the request was made by a person other than the employer, to the employer.
(4) As soon as reasonably practicable after an employer receives a summary under this section, the employer must
(a) post a copy at the workplaces to which it relates,
(b) provide a copy to the joint committees or worker representatives, as applicable, and
(c) if workers at a workplace to which it relates are represented by a union, send a copy to the union.
Information that must be kept confidential
156
(1) A person must not disclose or publish the following information, except for the purpose of administering this Act and the regulations or as otherwise required by law:
(a) information obtained in a medical examination, test or X-ray of a worker made or taken under this Part, Part 4 or the regulations, unless the worker consents or the information is disclosed in a form calculated to prevent the information from being identified with a particular person or case;
(b) information with respect to a claim under Part 1 of this Act obtained by the person by reason of the performance of any duty or the exercise of any power under this Part, Part 4 or the regulations;
(c) information with respect to a trade secret, or with respect to a work process whether or not it is a trade secret, obtained by the person by reason of the performance of any duty or the exercise of any power under this Part, Part 4 or the regulations;
(d) information obtained under this Part, Part 4 or the regulations that is exempted or subject to a claim for exemption as confidential business information in respect of a hazardous substance, as referred to in section 158 (2) (m);
(e) in the case of information received by the person in confidence by reason of the performance of any duty or the exercise of any power under this Part, Part 4 or the regulations, the name of the informant.
(2) Except in the performance of his or her duties,
(a) an officer,
(b) a person who accompanies an officer under section 182, or
(c) a person who conducts a test or other examination under this Part or Part 4 at the request of an officer must not publish or disclose information obtained or made by the officer or other person in connection with his or her duties or powers under this Part or Part 4.
(3) Despite subsection (2), the Board may disclose or publish information referred to in that subsection, or authorize it to be disclosed or published, if the Board considers this advisable in the public interest.
(4) Except for the purposes of an inquest under the Coroners Act, an officer or other person referred to in subsection (2) is not a compellable witness in a civil suit or other proceeding respecting any information provided to the person in confidence.
(5) For the purposes of section 21 (1) (b) of the Freedom of Information and Protection of Privacy Act, information referred to in subsection (1) (c) or (d) or (2) of this section that is in the custody or under the control of the Board or the appeal tribunal, whether or not supplied to the Board or the appeal tribunal, is deemed to be supplied to the Board or the appeal tribunal in confidence if it is
(a) information with respect to a trade secret, or with respect to a work process whether or not it is a trade secret,
(b) exempted or subject to a claim for exemption as confidential business information in respect of a hazardous substance, as referred to in section 158 (2) (m), or
(c) commercial, financial, labour relations, scientific or technical information of an employer or supplier.
(6) This section does not apply to prevent a person from providing information, including confidential business information, in a medical emergency for the purpose of diagnosis, medical treatment or first aid.
Information that must be provided in a medical emergency
157
(1) If a medical practitioner, a nurse or a person who is a prescribed health professional determines that
(a) a medical emergency exists, and
(b) information regarding a hazardous substance is needed for the purpose of diagnosis or providing medical treatment or first aid,
an employer, supplier or chemical manufacturer must immediately disclose to the requesting health professional all applicable information, including confidential business information, that is in the possession of the employer, supplier or manufacturer.
(2) A person to whom information is provided under subsection (1) must keep confidential any information specified by the person providing the information as being confidential, except for the purpose for which it is provided.
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WorkSafeBC endeavours to update the online OHS Regulation as soon as possible following any legislative amendments. However, WorkSafeBC does not warrant the accuracy or the completeness of the online OHS Regulation, and neither WorkSafeBC nor its board of directors, employees or agents shall be liable to any person for any loss or damage of any nature, whether arising out of negligence or otherwise, arising from the use of the online OHS Regulation.
Employers are legally obligated to make a copy of the Workers' Compensation Act and the OHS Regulation readily available for review by workers. The circumstances under which WorkSafeBC may consider an employer's providing access to electronic versions of the Act and OHS Regulation to have satisfied this obligation are described in Guideline G-D3-115(2)(f).