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June 2012
The best way to have a good idea is to have a lot of ideas.
~ Dr. Linus Pauling
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Bill 14 quiz
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 On
May 31, the Workers Compensation Amendment
Act, 2011 (Bill 14) passed Third Reading in
the Legislature.
Read this issue of Insight, answer some
questions about Bill 14, and email your responses
to policy@worksafebc.com
by June 15 to win a prize. Click here
to see this month's quiz.
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Bill
14 - Workers Compensation Amendment Act, 2011
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At their March 29 meeting, the WorkSafeBC Board
of Directors approved amendments relating to:
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On May 31, the Workers Compensation Amendment Act,
2011 (Bill 14) passed
Third Reading in the Legislature. The Bill 14 amendments
result in changes to the following three areas
of compensation entitlement in the Workers Compensation
Act ("Act"):
- Compensation for mental disorders;
- Calculation of long-term average earnings for apprentices and learners; and
- Consumer price index adjustments to the dollar values in the Act.
The legislative changes are as follows:
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Issue
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Current Provision
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Amended Provision
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Compensation for Mental Disorders
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A worker may be entitled to compensation only
if the mental stress is an acute reaction to a
sudden and unexpected traumatic event arising
out of and in the course of employment.
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A
worker may be entitled to compensation only if
the mental disorder:
- is
a reaction to one or more traumatic events arising
out of and in the course of the worker's employment;
or
- is
predominantly caused by a significant work-related
stressor, or a cumulative series of significant
work-related stressors, arising out of and in
the course of the worker's employment.
The legislation also amends the requirement that
the mental stress be diagnosed by a physician
or a psychologist to a requirement that the mental
disorder be diagnosed by a psychiatrist or psychologist.
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Calculation of Long-term Average Earnings for
Apprentices or Learners
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The
long-term average earnings are based on the gross
earnings for the 12 month period immediately preceding
the date of injury, of a qualified person employed
at the starting rate in the same trade, occupation
or profession:
(a) by the same employer, or
(b) if no person is so employed, by an employer
in the same region.
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The
long-term average earnings would be based on the
greater of:
- time
of injury earnings; or
- the
worker's earnings during the 12 month period
immediately preceding the injury.
In
the event of a permanent disability, the calculation
of average earnings would be based on the gross
earnings for the 12 month period immediately preceding
the date of injury, of a qualified person employed
in the same trade, occupation or profession:
(a) by the same employer, or
(b) if no person is so employed, by an employer
in the same region.
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Consumer Price Index (CPI) Adjustments
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Dollar values in the Act are updated annually
by CPI and the new figures are contained in a
Board minute.
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Dollar
amounts in the Act would be updated to reflect
the 2012 CPI adjustments contained in a Board
minute.
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The transitional provisions for the mental disorder legislation state that the legislation applies to every decision made on or after July 1, 2012, in respect of a claim made but not finally adjudicated before July 1, 2012. The commencement date for the changes to the calculation of long-term average earnings for apprentices or learners is also July 1, 2012. The updates to reflect the 2012 CPI adjustments will be effective as of January 1, 2012.
The
Policy and Regulation Division (PRD) has prepared a
package of proposed policy amendments to reflect and
implement these legislative changes prior to the July
1, 2012 effective dates. The discussion papers and proposed
policy amendments are currently out for consultation
until June 15, 2012. To review the discussion papers
and proposed policy amendments, please click here.
Following consultation, the PRD will take the consultation results and proposed policy amendments to WorkSafeBC's Board of Directors for their consideration.
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Are you aware of bullying in your workplace?
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The Ministry of Labour, Citizens' Services and Open
Government issued a news
release in May regarding new measures to
address workplace bullying and prevention. The Policy
and Regulation Division at WorkSafeBC is currently working
on the following:
- Creating
a policy on bullying and harassment. Stakeholders will be consulted.
- Developing
a prevention tool kit for employers and workers
WorkSafeBC will work closely with our stakeholders to develop the tool kit and policy. In the meantime, there are some resources that were developed in other jurisdictions available on our website.
Stay tuned to Insight for further updates.
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About Us
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The Policy and Regulation Division (PRD) at WorkSafeBC
is responsible for providing advice and services to
the Board of Directors, Senior Executive Committee,
other divisions, the Ministry of Labour, Citizens' Services
and Open Government, external stakeholders, and the
general public.
The PRD is made up of two operating departments:
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Compensation and Assessment Policy
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OHS Regulation and Policy
These departments have staff with expertise in public
policy and research, with varying backgrounds, including
law, business, occupational hygiene, science and engineering.
The PRD provides independent and objective advice on
policy and regulation options that reflect WorkSafeBC's
strategic priorities, as well as those of external stakeholders,
and the general public.
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