Quick Links
Customer Centres
Policies and procedures
1. Statement of roles and responsibilities
2. Code of ethics
3. Standards of practice
1. Statement of roles and responsibilities
The chair and president of WorkSafeBC jointly issued the following statement of roles and responsibilities in order to ensure a clear understanding of the important role the chief complaints officer plays within the workers’ compensation system.The WorkSafeBC chief complaints officer's independence and impartiality
Appointment and qualifications of the WorkSafeBC chief complaints officer
Confidentiality
Limits on the WorkSafeBC chief complaints officer's authority
The chief complaints officer's role and mandate
The chief complaints officer is a WorkSafeBC officer under the Workers Compensation Act who has the mandate to:
- Receive complaints, investigate and make recommendations about alleged acts, omissions, and improprieties on the part of WorkSafeBC employees and service providers who have been contracted to provide a service under the Workers Compensation Act
- Investigate complaints about policies, practices, and procedures within the workers’ compensation system
- Receive complaints, investigate, and make recommendations to resolve systemic problems within the workers’ compensation system
- Act on his or her own initiative to identify and make recommendations to resolve systemic problems within the workers’ compensation system
- Receive and respond to questions and inquiries about WorkSafeBC
Complaints may be made to the WorkSafeBC chief complaints officer by:
- Workers
- Employers
- A worker’s dependant
- Unions
- Suppliers
- Advocates
- Any other person affected by, or acting on behalf of someone affected by, the actions of WorkSafeBC, its employees, or its contractors
The WorkSafeBC chief complaints officer has the discretion to either accept, or to decline to act on, or discontinue investigation of a complaint based on an initial assessment of the nature of the complaint and a determination of whether or not it falls within the chief complaints officer's mandate.
Once accepted, the WorkSafeBC chief complaints officer will employ procedures designed to resolve the complaint or problem where possible, at the most appropriate level within WorkSafeBC. The chief complaints officer may attempt to resolve a matter based on the available evidence. Alternatively, the chief complaints officer may seek a remedy from the appropriate line manager, then the director, and then the vice-president. If no resolution is provided at these levels, the chief complaints officer has the authority and mandate to raise the issue with the president and the Board of Directors.
In the course of investigating complaints, the chief complaints officer has the authority to:
- Gather relevant information
- Report on his or her findings as to whether a complaint is substantiated
- Develop, evaluate, and discuss the options available to affected individuals
- Facilitate, negotiate, and mediate solutions
- Make recommendations for the resolution of a complaint or systemic problem to the person who has the authority to act to resolve the problem
- Identify complaint patterns and trends
- Educate
- Issue periodic reports, including an independent annual report
In responding to questions and complaints, the chief complaints officer is required to employ fair and timely procedures that are in keeping with the principles of natural justice, and the provisions of the Workers Compensation Act and other applicable legislation such as the Freedom of Information and Protection of Privacy Act.
The chief complaints officer's independence and impartiality
The WorkSafeBC chief complaints officer is free from interference in the legitimate performance of his or her duties as identified under role and mandate. The chief complaints officer conducts his or her investigations and makes recommendations in an impartial manner, free from bias and free from real or apparent conflicts of interest. This impartiality does not, however, preclude the chief complaints officer from developing an interest in securing changes that are deemed necessary as a result of the complaint process, or from otherwise advocating on behalf of a complainant.
In order to ensure the chief complaints officer has the requisite level of authority, the chief complaints officer reports directly to the president. Additional safeguards to ensure the chief complaints officer's impartiality are provided through direct access to the WorkSafeBC’s Board of Directors. The chief complaints officer may consult with the entire Board of Directors through the Board chair on significant issues, after first raising them with the president.
Appointment and qualifications of the WorkSafeBC chief complaints officer
The WorkSafeBC chief complaints officer is a person of recognized knowledge in workers' compensation, who imparts the use of good judgment, objectivity, and integrity in problem solving and dispute resolution.
The appointment and termination of the WorkSafeBC chief complaints officer is the joint responsibility of the president and the chair, Board of Directors. The chief complaints officer may be removed from his or her office for "just cause". Just cause does not arise in the case of a disagreement over an investigation, recommendation or report made by the chief complaints officer with respect to a complaint or other type of investigation falling within his or her mandate.
The WorkSafeBCchief complaints officer is an officer of the Board, and his or her terms and conditions of appointment are consistent with the WorkSafeBC’s usual human resource practices.
Confidentiality
As an officer of WorkSafeBC, the chief complaints officer is subject to section 95 of the Workers Compensation Act and the requirements of the Freedom of Information and Protection of Privacy Act. Thus, the chief complaints officer is required to act in accordance with these legislative provisions. The chief complaints officer is also required to ensure that all privacy mechanisms available under these pieces of legislation are fully utilized and safeguarded.
Limits on the chief complaints officer's authority
There are limits on the WorkSafeBC chief complaints officer's authority. The WorkSafeBC chief complaints officer does not:
- Make, change, or set aside a law, policy, or administrative decision of other officers of the Board or administrative tribunals
- Make binding decisions or determine rights or obligations
- Directly compel someone to implement the chief complaints officer's recommendations
- Conduct an investigation in relation to a matter involving a right of appeal at any level under the Workers Compensation Act, or in relation to a matter involving an administrative or judicial remedy provided for in the Act
- Address issues arising under a collective bargaining agreement
- Act in a manner inconsistent with the terms of his or her appointment, role, or mandate
2. Code of ethics
The Complaints Office adheres to International Ombudsman Association code of ethics, which states the following:
- The ombudsman, as a designated neutral, has the responsibility of maintaining strict confidentiality concerning matters that are brought to his/her attention unless given permission to do otherwise. The only exceptions, at the sole discretion of the ombudsman, are where there appears to be imminent threat of serious harm.
- The ombudsman must take all reasonable steps to protect any files pertaining to confidential discussions from inspection by all other persons, including management.
- The ombudsman should not testify in any formal judicial or administrative hearing about concerns brought to his or her attention.
- When making recommendations, the ombudsman has the responsibility
to suggest actions of policies that will be equitable to all parties.
3. Standards of practice
The Complaints Office adheres to International Ombudsman Association standards of practice, which states the following:
- We base our practice on confidentiality.
- We assert that there is a privilege with respect to communications with the ombudsman and we resist testifying in any formal process inside or outside the organization.
- We exercise discretion whether to act upon a concern of an individual contacting the office. An ombudsman may initiate action on a problem he or she perceives directly.
- We are designated neutrals and remain independent of ordinary line and staff structures. We serve no additional role (within the organization where we serve as ombudsman) which would compromise this neutrality.
- We remain an informal and off-the-record resource. Formal investigations — for the purpose of adjudication — should be done by others. In the event that an ombudsman accepts a request to conduct a formal investigation, a memo should be written noting this action as an exception to the ombudsman role. Such investigations should not be considered privileged.
- We foster communication about the philosophy and function of the ombudsman's office with the people we serve.
- We provide feedback on trends, issues, policies and practices without breaching confidentiality or anonymity. We identify new problems and we provide support for reasonable systems change.
- We keep professionally current and competent by pursuing continuing education and training relevant to the ombudsman profession.
- We will endeavour to be worthy of the trust placed in us.