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Workers Compensation Act - Excerpts and Summaries
Part 3 Division 12 - Enforcement
General authority to make orders
187
(1) The Board may make orders for the carrying out of any matter or thing regulated, controlled or required by this Part or the regulations, and may require that the order be carried out immediately or within the time specified in the order.
(2) Without limiting subsection (1), the authority under that subsection includes authority to make orders as follows:
(a) establishing standards that must be met and means and requirements that must be adopted in any work or workplace for the prevention of work related accidents, injuries and illnesses;
(b) requiring a person to take measures to ensure compliance with this Act and the regulations or specifying measures that a person must take in order to ensure compliance with this Act and the regulations;
(c) requiring an employer to provide in accordance with the order a medical monitoring program as referred to in section 161;
(d) requiring an employer, at the employer's expense, to obtain test or assessment results respecting any thing or procedure in or about a workplace, in accordance with any requirements specified by the Board, and to provide that information to the Board;
(e) requiring an employer to install and maintain first aid equipment and service in accordance with the order;
(f) requiring a person to post or attach a copy of the order, or other information, as directed by the order or by an officer;
(g) establishing requirements respecting the form and use of reports, certificates, declarations and other records that may be authorized or required under this Part;
(h) doing anything that is contemplated by this Part to be done by order;
(i) doing any other thing that the Board considers necessary for the prevention of work related accidents, injuries and illnesses.
(3) The authority to make orders under this section does not limit and is not limited by the authority to make orders under another provision of this Part.
Contents and process for orders
188
(1) An order may be made orally or in writing but, if it is made orally, must be confirmed in writing as soon as is reasonably practicable.
(2) An order may be made applicable to any person or category of persons and may include terms and conditions the Board considers appropriate.
(3) If an order relates to a complaint made by a person to the Board or an officer, a copy of the order must be given to that person.
(4) An officer of the Board may exercise the authority of the Board to make orders under this Part, subject to any restrictions or conditions established by the Board.
Notice of cancellation
189
(1) If the Board varies or cancels an order, it must give notice to the employer or other person in relation to whom the order was made.
(2) If the person given notice under subsection (1) was required by or under this Part to post a copy of the original order or to provide copies of it to a joint committee, worker representative or union, the person must post and provide copies of the notice in accordance with the same requirements.
Orders to stop using or supplying unsafe equipment, etc.
190
(1) If the Board has reasonable grounds for believing that a thing that is being used or that may be used by a worker
(a) is not in safe operating condition, or
(b) does not comply with this Part or the regulations,
the Board may order that the thing is not to be used until the order is cancelled by the Board.
(2) If the Board has reasonable grounds for believing that a supplier is supplying a thing that
(a) is not in safe operating condition, or
(b) does not comply with this Part or the regulations,
the Board may order that supplier to stop supplying the thing until the order is cancelled by the Board.
(3) Despite section 188(1), an order under this section may only be made in writing.
(4) The Board may cancel an order under this section only if it is satisfied that the thing in respect of which the order was made is safe and complies with this Part and the regulations.
Orders to stop work
191
(1) If the Board has reasonable grounds for believing that an immediate danger exists that would likely result in serious injury, serious illness or death to a worker, the Board may order
(a) that work at the workplace or any part of the workplace stop until the order to stop work is cancelled by the Board, and
(b) if the Board considers this is necessary, that the workplace or any part of the workplace be cleared of persons and isolated by barricades, fencing or any other means suitable to prevent access to the area until the danger is removed.
(2) If an order is made under subsection (1) (b), an employer, supervisor or other person must not require or permit a worker to enter the workplace or part of the workplace that is the subject of the order, except for the purpose of doing work that is necessary or required to remove the danger or the hazard and only if the worker
(a) is protected from the danger or the hazard, or
(b) is qualified and properly instructed in how to remedy the unsafe condition with minimum risk to the worker's own health or safety.
(3) Despite section 188 (1), an order under this section
(a) may only be made in writing, and
(b) must be served on the employer, supervisor or other person having apparent supervision of the work or the workplace.
(4) An order under this section expires 72 hours after it is made, unless the order has been confirmed in writing by the Board.
Effect of orders on workers
192
(1) If, as a result of an order made under section 190 or 191, a worker is temporarily laid off, the employer must pay the worker the amount the worker would have earned or, if this cannot be readily determined, the amount the worker would have been likely to earn,
(a) for the day on which the order came into effect and for the next 3 working days during which the order is in effect, or
(b) for a longer period, if this is provided under a collective agreement.
(2) Nothing in this section prevents workers affected by an order referred to in subsection (1) from being assigned to reasonable alternative work during the time that the order is in effect.
Posting of orders by officer
193
(1) An officer may
(a) post at a workplace, or
(b) attach to any product, tool, equipment, machine, device or other thing,
a copy of an order or a notice related to that order.
(2) An order posted or attached under subsection (1) must not be removed except
(a) in accordance with the order, or
(b) by an officer or a person authorized by an officer.
Compliance reports
194
(1) An order may include a requirement for compliance reports in accordance with this section.
(2) The employer or other person directed by an order under subsection (1) must prepare a compliance report that specifies
(a) what has been done to comply with the order, and
(b) if compliance has not been achieved at the time of the report, a plan of what will be done to comply and when compliance will be achieved.
(3) If a compliance report includes a plan under subsection (2) (b), the employer or other person must also prepare a follow-up compliance report when compliance is achieved.
(4) In the case of compliance reports prepared by an employer, the employer must
(a) post a copy of the original report and any follow-up compliance reports at the workplace in the places where the order to which it relates are posted,
(b) provide a copy of the reports to the joint committee or worker health and safety representative, as applicable,
(c) if the reports relate to a workplace where workers of the employer are represented by a union, send a copy to the union, and
(d) if required by the Board, send a copy of the reports to the Board.
Suspension or cancellation of certificates
195
(1) If the Board has reasonable grounds for believing that a person who holds a certificate issued under this Part or the regulations has breached a term or condition of the certificate or has otherwise contravened a provision of this Part or the regulations, the Board may, by order,
(a) cancel or suspend the certificate, or
(b) place a condition on the use of that certificate that the Board considers is necessary in the circumstances.
(2) An order under this section suspending a certificate must specify the length of time that the suspension is in effect or the condition that must be met before the suspension is no longer in effect.
Administrative Penalties
196
(1) The Board may, by order, impose an administrative penalty on an employer under this section if it considers that
(a) the employer has failed to take sufficient precautions for the prevention of work related injuries or illnesses,
(b) the employer has not complied with this Part, the regulations or an applicable order, or
(c) the employer's workplace or working conditions are not safe.
(2) An administrative penalty which is greater than $538 174.28 must not be imposed under this section.
(3) An administrative penalty must not be imposed under this section if an employer exercised due diligence to prevent the circumstances described in subsection (1).
(4) If an employer requests under section 96.2 a review of a decision under subsection (1), the employer must
(a) post a copy of the request for review at the workplace to which the administrative penalty relates,
(b) provide a copy of the request for review to the joint committee or worker health and safety representative, as applicable, and
(c) if the workers at the workplace to which the administrative penalty relates are represented by a union, provide a copy of the request for review to the union.
(5) An employer who has been ordered to pay an administrative penalty under this section must pay the amount of the penalty to the Board for deposit into the accident fund.
(6) If an administrative penalty under this section is reduced or cancelled by a Board decision, on a review under section 96.2 or on an appeal to the appeal tribunal under Part 4, the Board must
(a) refund the required amount to the employer out of the accident fund, and
(b) pay interest on that amount calculated in accordance with the policies of the board of directors.
(7) If an administrative penalty is imposed on an employer under this section, the employer must not be prosecuted under this Act in respect of the same facts and circumstances upon which the Board based the administrative penalty.
Note: This box contains a summary of part of the Workers Compensation Act. It does not use the exact wording of the Act. Section 197: [Repealed]Section 198: Court injunction (summary)If an employer contravenes this Part, the regulations, or an order, the Board may seek a Supreme Court injunction restraining a person from continuing or committing a contravention, or requiring a person to comply with Part 3, the regulations or an order. The Supreme Court may grant the injunction if it is satisfied that there are reasonable grounds to believe that a person has contravened or is likely to contravene or not comply. The injunction may be granted without notice if it is necessary to do so in order to protect the health or safety of workers. For details, see Part 3, Division 12 of the Act. |
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