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Proposed policies to implement Bill 14 amendments

The Workers Compensation Amendment Act, 2011(“Bill 14”) was enacted on May 31, 2012.

In order to implement these changes, WorkSafeBC must bring its compensation policies in line with the new legislation. In this regard, the Policy and Regulation Division (“PRD”) has developed draft policies to address the following key legislative changes:

These legislative changes will come into force on July 1, 2012.

Bill 14 also updates the dollar amounts in the Workers Compensation Act to reflect the 2012 Consumer Price Index adjustments as of January 1, 2012.  This is a housekeeping amendment and does not require policy change.

Stakeholders are invited to provide feedback on the discussion papers and draft policies, and any additional comments that may be relevant to the issue.

The timelines for this policy consultation are driven by the effective date of the legislation. The transitional provisions for Bill 14 stipulate that the mental disorder legislative changes apply to every decision made by WorkSafeBC or the Workers’ Compensation Appeal Tribunal on or after July 1, 2012, in respect of a claim made but not finally adjudicated before July 1, 2012. Similarly, the amendments to the calculation of long term average earnings for apprentices or learners apply to injuries occurring on or after July 1, 2012.

Accordingly, in order for the revised policies to be in place when Bill 14 comes into force, stakeholder comments will be accepted until June 15, 2012. When responding, please provide your name, organization, and address. Comments may be sent by mail, fax or email to:

(a)

Email:

policy@worksafebc.com

(b)

Mail:

Susan Hynes
Director, Compensation and Assessment Policy
Policy and Regulation Division
WorkSafeBC
PO Box 5350 Station Terminal
Vancouver, BC V6B 5L5

(c)

Fax:

604 279-7599

An acknowledgement of receipt will be sent on each submission. Please be advised that stakeholders will not be contacted regarding the contents of their submissions unless clarification is needed.

WorkSafeBC’s governing body, the Board of Directors, will consider stakeholder feedback before it adopts any amendments to the current policies.

Please note that all comments become part of the Policy and Regulation Division’s database and may be published, including the identity of organizations and those participating on behalf of organizations. The identity of those who have participated on their own behalf will be kept confidential according to the provisions of the Freedom of Information and Protection of Privacy Act.

Workplace bullying and harassment policy and tool kit

A pledge by Minister Margaret MacDiarmid, Minister of Labour, Citizens’ Services and Open Government, to prevent workplace bullying and harassment was made in conjunction with amendments to the Workers Compensation Act (Bill 14) relating to compensation for work-related mental disorders.

Immediate action is being taken against bullying and harassment as follows:

  1. WorkSafeBC will immediately begin work on an occupational health and safety policy on bullying and harassment; stakeholders will be consulted; and
  2. WorkSafeBC will develop an occupational health and safety prevention tool kit for employers and workers.

The workplace bullying and harassment policy and tool kit contains more information.