On November 9, 2023, WorkSafeBC’s Board of Directors approved policy changes to the Rehabilitation Services & Claims Manual, Volume II (RS&CM) and Assessment Manual to provide guidance on the implementation of the new return to work obligations introduced by the Workers Compensation Amendment Act (No. 2), 2022 (Bill 41).

Four new policies were added to the RS&CM. The policies:

• Provide an overview of the new obligations and terminology introduced by Bill 41.
• Outline the mutual obligations of workers and employers to cooperate in facilitating timely and safe return to, or continuation of, work.
• Provide guidance on which employers and workers will be affected by the duty to maintain employment, and what those obligations will entail.
• Provide guidance regarding WorkSafeBC’s ability to impose administrative penalties on employers who fail to fulfill their obligations.

In addition, consequential changes were made to existing policies in the RS&CM and Assessment Manual to reflect the new obligations introduced by Bill 41 and create consistency across policies.

The Introduction to Return to Work Obligations policy, Penalties for Failure to Comply with the Duty to Cooperate or Duty to Maintain policy, and consequential changes apply to all decisions made on or after January 1, 2024.

The Duty to Cooperate policy applies to all decisions made on or after January 1, 2024, in relation to a worker who sustained an injury (as defined in section 154.1(1) of the Act) on or after January 1, 2022, except that for injuries sustained before January 1, 2024, policy on the obligation to contact referred to in sections 154.2(1)(a) and (2)(a) of the Act applies as soon as practicable after January 1, 2024 and not as soon as practicable after the worker is injured.

The Duty to Maintain Employment policy applies to all decisions made on or after January 1, 2024, in relation to a worker who sustained an injury (as defined in section 154.1(1) of the Act) on or after July 1, 2023, except that policy on section 154.3(8) of the Act does not apply in relation to a worker whose employment was terminated before January 1, 2024.