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

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They also told us of the difficulties, including financial difficulties, a small employer hasin preparing safety manuals required under the Acts. They thought that the WCB shouldbe issuing generic materials that could be used by employers in preparing such manuals.We heard that employers want to see positive materials telling them what to do and howto do it rather than publications telling them what not to do. They told us they wantpublications in plain language that incorporate pictures or graphic descriptions soworkers with different literacy levels can easily understand the content.Some stakeholders told the Panel that curriculum in schools should include safetycourses. They reminded the Panel that today’s students are tomorrow’s workers.The suggestions of these stakeholders made sense to the Panel.Recommendation: 4.6.1 Safety Materials1. It is suggested the WCB Board of Directors consider stakeholder suggestions aboutsafety training and publication of safety materials.2. It is suggested the Ministers responsible for Education consider stakeholdersuggestions regarding safety education in the school system.4.6.2 Consistency with the Mine Health and Safety ActsSome stakeholders told us that there are inconsistencies between the Acts and the MineHealth and Safety Acts. They are not referring to sections that deal solely with themining industry but to functions that are the same whether performed on a mine site orconstruction site.For these similar functions, it can be confusing to employers working both inside andoutside the mining industry.The Panel accepts the point being made.WCB Legislative Review Panel Report Page 101 of 128December, 2001
Recommendation: 4.6.2 Consistency with the Mine Health and Safety Acts1. When legislative changes are contemplated to the Safety Acts or Mine Health andSafety Acts, proposed legislation should be consistent in its use of common terms orcommon functions when possible and appropriate.4.6.3 Effect of the Nunavut Land Claims Agreement ActThe Panel was asked to consider the effect of the Nunavut Land Claims Agreement Act(NLCAA) which was passed by the Federal Government as part of the ratification of theNunavut Land Claims Agreement (NLCA).It was suggested that the Acts do not reflect the requirements of Articles 5, 23 and 24 ofthe NLCA. It is beyond the Panel’s terms of reference to review compliance with theNLCA. It is clear that the Acts must conform with the constitutionally entrenchedprovisions of the NLCA.Recommendation: 4.6.3 Effect of the Nunavut Land Claims Agreement Act1. The provisions of the Acts and General Safety Regulations and recommendationscontained in this report for legislative change should be reviewed against therequirements of the Nunavut Land Claims Agreement Act to ensure compliance andconformity.WCB Legislative Review Panel Report Page 102 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
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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 and 104: 4.4 Employer Responsibilities4.4.1
Page 105: The Panel feels that the instrument
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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