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

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STAKEHOLDER QUESTIONNAIRE AND SUMMARY OF RESPONSESb) If yes to (a), should the role of an Advisory Council bedescribed in the Acts?Yes = 79No = 6c) If yes to (a), who should appoint the members? WCB Board of Directors = 42d) How often should the Advisory Council meet andprovide advice?Ministers = 38 2 x Both 3 x Employees/Employers Public - electoral style All related groups Employer and worker representatives 2 x employers 4 x Labour representativesQuarterly = 30Twice a year = 34Once a year = 17Once every two years = 1 Quarterly or as needed41. A code of practice is a law that describes how something must be done, for example, how scaffolding must be set up and used. It hasbeen suggested that it takes too long to bring in or change codes of practice for safety in the workplace because they have to be approved asregulations. There is concern that codes of practice cannot be changed quickly to take into account changing technology or reports ofaccidents.a) Should the way codes of practice are put into law bechanged?b) If yes to (a), who should have the authority to changecodes of practice?Yes = 78No = 12WCB Board of Directors = 19WCB Board of Directors on the recommendation of the Chief Safety Officer = 54Chief Safety Officer = 15 2 x Worker and employer groups Council of employers who pay premiums 3 x Labour representatives Safety Act separate from WCB42. Where there are serious infractions of the Safety Acts, the WCB investigates the situation and the alleged offender may be charged andhave to go to court. The Crown Prosecutor's Office is responsible for laying charges. Some have suggested that this can be a slow process.Appendix C Page C26 of C33WCB Legislative Review Panel Report December, 2001
STAKEHOLDER QUESTIONNAIRE AND SUMMARY OF RESPONSESa) Do you think the WCB should be given the authority tolay charges and take someone who doesn’t follow theSafety Acts to court?Yes = 46No = 4543. If workers or employers do not follow the Safety Acts they may be fined or put in jail. Employers are responsible for having safeworkplaces. Workers are responsible for working safely. It has been suggested that it is not fair to penalize workers if an employer doesnot provide a safe workplace.a) Do you think workers should be fined if an employerdoes not follow the Safety Acts?Yes = 27No = 63 Only if personally responsible for the infraction Loaded question Reciprocal responsibilitySafe Workplaces44. It has been suggested the definition of a safe workplace needs to be changed. There is new scientific knowledge about the effects oftobacco smoke. There are also changes in the way people look at human rights.a) Should a safe workplace be one free of environmentaltobacco smoke (ETS)?b) If yes to (a), should legislation describe the hazards ofETS?c) Workplace harassment is described as any behaviourtowards a worker that demeans, embarrasses orhumiliates the worker, and which the harasser oughtreasonably to know would be unwelcome. Should a safeworkplace be one free of workplace harassment?d) If yes to (c), should legislation describe the hazards ofworkplace harassment?Yes = 70No = 23Yes = 61No = 12 Should be in Health ActYes = 83No = 11 This issue should not be dealt with by the WCB. AmbiguousYes = 66No = 15 2 x Described in the Canada Labour CodeJoint Work Site Health and Safety Committees45. The Chief Safety Officer may say that a Joint Work Site Health and Safety Committee must be established in a particular workplace.The Acts do not say there must be Joint Work Site Health and Safety Committees. It has been suggested that the Acts should be changed torequire such joint committees at work sites.Appendix C Page C27 of C33WCB Legislative Review Panel Report December, 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
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The Panel was interested in the Ont
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Workers’ compensation payments ar
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3.6.3 Year’s Maximum Insurable Re
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The Acts are very specific in some
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3.6.5 Indexing Compensation by Comm
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2. The legislation should be change
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The Panel considered whether the in
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The Panel heard from some stakehold
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The Acts require any employer, whet
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Respondents to the Stakeholder Ques
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The Panel agrees. We see prior cons
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3.9.3 Authority to Make Investments
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Respondents to the Stakeholder Ques
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The duty to accommodate is not an o
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payments such as income tax or payr
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3.13 Environmental ChangeThe Acts h
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construction permits is a matter of
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date sections, reordering the “pa
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The Panel has recommended changes t
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the WCB when it is contemplating ch
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4. The legislation should be change
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The Panel was asked to consider rec
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No other jurisdictions regulate wor
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4.2.5 Safety InspectionsSome stakeh
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4.4 Employer Responsibilities4.4.1
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The Panel feels that the instrument
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Recommendation: 4.6.2 Consistency w
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others have experience as employers
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While the Panel heard positive comm
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5. Operational versus Legislative I
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3. The legislation should be amende
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Page 119 and 120: 2. The legislation should be change
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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Page 177 and 178: SUMMARY OF ISSUES FROM PUBLIC HEARI
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Page 193 and 194: Key:SUMMARY OF ISSUES FROM PUBLIC H
Page 199 and 200: smoke.Key:SUMMARY OF ISSUES FROM PU
Page 203 and 204: SUMMARY OF FORMAL PRESENTATIONS AND
Page 205: SUMMARY OF FORMAL PRESENTATIONS AND
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