Act Now - The Report of the WCB Legislative Review Panel to the

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4.4.2 Employee Assistance ProgramsSome stakeholders suggested that the Acts should require employers to establishemployee assistance programs. These programs usually provide confidential counselingand other services to employees experiencing alcohol or drug dependency or otherpersonal problems.The majority of respondents to the Stakeholder Questionnaire thought that employeeassistance programs were a good idea in principle. A significant minority thought suchprograms should be required in legislation.Safety Acts in other jurisdictions do not require employers to have employee assistanceprograms.The Panel believes such programs are a good idea. However, the Panel does not thinkthey should be required in safety legislation and is not recommending a change to theActs.4.5 Financial Penalties4.5.1 Authority to Set Financial PenaltiesThe Panel was asked to consider whether the Legislative Assemblies should continue toestablish financial penalties or whether that authority should be moved elsewhere. It waspointed out that the level of financial penalties has not changed in many years. Theamounts of penalties have not kept pace with those of other jurisdictions.The practice in other jurisdictions varies. In some cases, financial penalties are set inlegislation. In others, the WCB Board of Directors, Minister, or Cabinet prescribefinancial penalties in regulation.WCB Legislative Review Panel Report Page 99 of 128December, 2001
The Panel feels that the instrument establishing financial penalties should be public.Regulations must be made public when they are prescribed. The Panel also believes theWCB Board of Directors is in the best position to keep up with trends in otherjurisdictions and relate them to the NWT/Nunavut workers’ compensation environment.Recommendations: 4.5.1 Authority to Set Financial Penalties1. The legislation should be changed to remove the specific amounts of financialpenalties.2. The legislation should be changed to enable the Minister, on the advice of the WCBBoard of Directors, to set the level of financial penalties by regulation.3. It is suggested that the WCB Board of Directors review the current level of financialpenalties with a view to bringing the amounts of financial penalties up-to-date, andadvise the Minister of the results of their review.4.5.2 Application of Fines to WorkersThe Panel discussed the levying of financial penalties on workers. The Panel consideredthe responsibility of employers for maintaining a safe workplace. It also considered theburden financial penalties would place on workers.However, the Panel concluded there was no compelling reason to recommend change.4.6 Framework for Administration4.6.1 Safety MaterialsA number of stakeholders told the Panel that they would like to see more generic safetymaterials coming from the WCB. They referred to the difficulty of carrying around theActs and General Regulations and spoke positively about a pocket-sized, user-friendlysummary that was issued some time ago.WCB Legislative Review Panel Report Page 100 of 128December, 2001
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Accountable…to stakeholdersCompen
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Table Of Contents3.4.3 Employers’
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Table Of Contents5.0 A FINAL WORD 1
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The Legislative Review Directorate
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3.0 Workers’Compensation Acts3.1
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2.0 General ThemesDuring the course
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The Panel has generally adopted the
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The Panel did receive positive comm
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wanted was to return to work and st
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2. Are there workers in specific in
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Panel feels legislation should be p
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3.2 WCB Authority and Accountabilit
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WCB Board of Directors may chose to
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3.2.6 Regular Reviews of the Worker
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Recommendations: 3.2.8 Liability Pr
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Legislation in 2 other jurisdiction
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The legislation in other jurisdicti
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ones held accountable for a decisio
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members may be reappointed to the W
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Some suggested that having a compen
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Recommendations: 3.4.2 Workers’ A
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The WCB Board of Directors made the
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esolutions committees, under the au
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The Appeals Tribunal must give the
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The Panel considered the establishm
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Recommendations: 3.5.5 Time Limits
Page 53 and 54: are not familiar with some of the u
Page 55 and 56: The Panel was interested in the Ont
Page 57 and 58: Workers’ compensation payments ar
Page 59 and 60: 3.6.3 Year’s Maximum Insurable Re
Page 61 and 62: The Acts are very specific in some
Page 63 and 64: 3.6.5 Indexing Compensation by Comm
Page 65 and 66: 2. The legislation should be change
Page 67 and 68: The Panel considered whether the in
Page 69 and 70: The Panel heard from some stakehold
Page 71 and 72: The Acts require any employer, whet
Page 73 and 74: Respondents to the Stakeholder Ques
Page 75 and 76: The Panel agrees. We see prior cons
Page 77 and 78: 3.9.3 Authority to Make Investments
Page 79 and 80: Respondents to the Stakeholder Ques
Page 81 and 82: The duty to accommodate is not an o
Page 83 and 84: payments such as income tax or payr
Page 85 and 86: 3.13 Environmental ChangeThe Acts h
Page 87 and 88: construction permits is a matter of
Page 89 and 90: date sections, reordering the “pa
Page 91 and 92: The Panel has recommended changes t
Page 93 and 94: the WCB when it is contemplating ch
Page 97 and 98: The Panel was asked to consider rec
Page 99 and 100: No other jurisdictions regulate wor
Page 101 and 102: 4.2.5 Safety InspectionsSome stakeh
Page 103: 4.4 Employer Responsibilities4.4.1
Page 107 and 108: Recommendation: 4.6.2 Consistency w
Page 109 and 110: others have experience as employers
Page 111 and 112: While the Panel heard positive comm
Page 113 and 114: 5. Operational versus Legislative I
Page 115 and 116: 3. The legislation should be amende
Page 117 and 118: 3. It is suggested that the first r
Page 121 and 122: Recommendations: 3.5.5 Time Limits
Page 125 and 126: Recommendation: 3.7.3 Rewarding Saf
Page 127 and 128: Recommendation: 3.12.4 Employer Rec
Page 131 and 132: Regulations (see also Recommendatio
Page 133 and 134: 5.0 A Final WordThe Panel has recom
Page 135 and 136: Glossary and DefinitionsAccident Fu
Page 137 and 138: Glossary and DefinitionsNet annualr
Page 139 and 140: WCB Legislative Review Panel Terms
Page 141 and 142: WCB LEGISLATIVE REVIEW PANELTERMS O
Page 143 and 144: STAKEHOLDER QUESTIONNAIRE AND SUMMA
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STAKEHOLDER QUESTIONNAIRE AND SUMMA
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SUMMARY OF ISSUES FROM PUBLIC HEARI
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Key:SUMMARY OF ISSUES FROM PUBLIC H
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Key:SUMMARY OF ISSUES FROM PUBLIC H
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smoke.Key:SUMMARY OF ISSUES FROM PU
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SUMMARY OF FORMAL PRESENTATIONS AND
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SUMMARY OF FORMAL PRESENTATIONS AND
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