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WorkSafeBC

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FAQs


WorkSafeBC Investigations | Employer Investigations |
Reporting Incidents to WorkSafeBC | Penalties


Penalties

What is an administrative penalty?

An administrative penalty is a fine against an employer for violations of the Workers Compensation Act (WCA) or the Occupational Health and Safety Regulation (OHSR), for failure to comply with a WorkSafeBC order, for failure to take sufficient precautions to prevent work-related injury or illness, or for having an unsafe workplace or working conditions. Section 196 of the WCA sets out the specific circumstances in which WorkSafeBC can impose an administrative penalty.

What is the purpose of an administrative penalty?

There is no financial penalty that is adequate when lives are lost or workers suffer serious injuries. The main purpose of an administrative penalty is to motivate the employer receiving the penalty, and other employers, to comply with the health and safety requirements of the Workers Compensation Act and the Occupational Health and Safety Regulation. Publishing penalties is a deterrent and highlights the importance of making workplaces safe.

When are administrative penalties considered?

WorkSafeBC will consider imposing an administrative penalty in any of the following circumstances, as set out in Policy D12-196-1:

  • An employer's violation of the Workers Compensation Act (WCA) or the Occupational Health and Safety Regulation (OHSR) results in a high risk of serious injury or death.
  • An employer violates the same section (or very similar sections) of Part 3 of the WCA or the OHSR on more than one occasion.
  • An employer violates different sections of Part 3 of the WCA or the OHSR on more than one occasion, with the number of violations indicating a general lack of commitment to complying with health and safety requirements.
  • An employer knowingly or with reckless disregard violates one or more sections of Part 3 of the WCA or the OHSR. Reckless disregard includes situations where a violation results from ignorance of these provisions or a refusal to read them or to take other steps to find out an employer's obligations.
  • An employer fails to comply with a previous order within a reasonable time.
  • WorkSafeBC considers that the circumstances warrant an administrative penalty.

An administrative penalty will not be imposed if an employer exercised due diligence. Due diligence will be found if the evidence shows on a balance of probabilities that the employer took all reasonable care to prevent the violation.

How much is an administrative penalty?

The amount of an administrative penalty is based on the size of employer's payroll and the circumstances set out in Policy D12-196-6. This policy also provides that, in certain circumstances, penalties can depart from amounts based on payroll. Penalties are greater for violations that are high risk, those committed willfully or with reckless disregard, or those where a worker has died or suffered a serious injury. Any costs saved or profit made by the employer through committing the violation may form part of the penalty amount. The maximum penalty amount is adjusted yearly; it is currently $538,174.28.

WorkSafeBC may sometimes collect from the employer all or a portion of the cost of a worker's claim as well as impose a penalty. Policy D24-73-1 sets out these circumstances and the maximum amount.

Can an employer respond to the proposed administrative penalty?

In most cases, the employer is invited to submit information, evidence, or comments relevant to the administrative penalty decision once they have been notified of a proposed penalty. WorkSafeBC will consider the employer's response when determining whether to proceed with an administrative penalty and, if the decision is to proceed, whether to change the amount of the proposed penalty. WorkSafeBC may also conduct further investigation based on the employer's response.

What happens if an employer does not respond to a proposed penalty?

If the employer does not respond to a proposed penalty within the time provided for a response, WorkSafeBC will proceed without further notice to impose an administrative penalty based on the evidence obtained.

Can an employer appeal a penalty after it has been imposed?

An employer can ask the Review Division of WorkSafeBC to review a penalty within 90 days of the decision to impose the penalty. The review may be in the form of "read and review" or an oral hearing. When the Review Division has completed the review, it will notify the employer of its decision. If the employer is unsatisfied with this decision, the employer can appeal further to the Workers Compensation Appeal Tribunal (WCAT). A notice of appeal must be filed within 30 days of the Review Division's decision.

Can an employer be prosecuted in court?

An employer, a worker, or a director may be prosecuted in provincial court for a violation of the Workers Compensation Act. The decision to prosecute is made by Crown Counsel where the case would serve the public interest and there is a substantial likelihood of conviction. However, if an administrative penalty is imposed on an employer, the employer cannot also be prosecuted in respect of the same facts and circumstances.

Can injured workers or families of the workers who died sue the employer or other workers?

The Workers Compensation Act prevents workers or their survivors from suing the employer or other workers for a workplace injury, illness, or death. Under the Act (which came into effect in 1917), workers and their survivors acquired the right to receive timely compensation for work-related injuries or death, regardless of fault, and in exchange gave up their right to sue other workers and the employers who fund the "no fault" system. Seek legal advice for your own specific situation.



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