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Workers Compensation Act - Excerpts and Summaries
Part 3 Division 10 - Accident Reporting and Investigation
Immediate notice of certain accidents
172
(1) An employer must immediately notify the Board of the occurrence of any accident that
(a) resulted in serious injury to or the death of a worker,
(b) involved a major structural failure or collapse of a building, bridge, tower, crane, hoist, temporary construction support system or excavation,
(c) involved the major release of a hazardous substance, or
(d) was an incident required by regulation to be reported.
(2) Except as otherwise directed by an officer of the Board or a peace officer, a person must not disturb the scene of an accident that is reportable under subsection (1) except so far as is necessary to
(a) attend to persons injured or killed,
(b) prevent further injuries or death, or
(c) protect property that is endangered as a result of the accident.
Incidents that must be investigated
173
(1) An employer must immediately undertake an investigation into the cause of any accident or other incident that
(a) is required to be reported by section 172,
(b) resulted in injury to a worker requiring medical treatment,
(c) did not involve injury to a worker, or involved only minor injury not requiring medical treatment, but had a potential for causing serious injury to a worker, or
(d) was an incident required by regulation to be investigated.
(2) Subsection (1) does not apply in the case of a vehicle accident occurring on a public street or highway.
Investigation process
174
(1) An investigation required under this Division must be carried out by persons knowledgeable about the type of work involved and, if they are reasonably available, with the participation of the employer or a representative of the employer and a worker representative.
(2) As far as possible, the investigation must
(a) determine the cause or causes of the incident,
(b) identify any unsafe conditions, acts or procedures that contributed in any manner to the incident, and
(c) if unsafe conditions, acts or procedures are identified, recommend corrective action to prevent similar incidents.
(3) The employer must make every reasonable effort to have available for interview by a person conducting the investigation, or by an officer, all witnesses to the incident and any other persons whose presence might be necessary for a proper investigation of the incident.
(4) The employer must record the names, addresses and telephone numbers of persons referred to in subsection (3).
Incident investigation report
175
(1) As part of an investigation required by this Division, an employer must ensure that an incident investigation report is prepared in accordance with the regulations.
(2) The employer must provide a copy of the incident investigation report to
(a) the joint committee or worker representative, as applicable, and
(b) the Board.
Follow-up action and report
176
(1) Following an investigation under this Division, the employer must without undue delay undertake any corrective action required to prevent recurrence of similar incidents.
(2) As soon as is reasonably practicable, the employer must prepare a report of the action taken under subsection (1) and
(a) provide the report to the joint committee or worker representative, as applicable, or
(b) if there is no joint committee or worker representative, post the report at the workplace.
Employer or supervisor must not attempt to prevent reporting
177
An employer or supervisor must not, by agreement, threat, promise, inducement, persuasion or any other means, seek to discourage, impede or dissuade a worker of the employer, or a dependant of the worker, from reporting to the Board
(a) an injury or allegation of injury, whether or not the injury occurred or is compensable under Part 1,
(b) an illness, whether or not the illness exists or is an occupational disease compensable under Part 1,
(c) a death, whether or not the death is compensable under Part 1, or
(d) a hazardous condition or allegation of hazardous condition in any work to which this Part applies.
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