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

Respondents to the Stakeholder Questionnaire supported the concept of rewards andpenalties for employers based on their safety performance. The Panel also agrees thisconcept is a good idea and urges the WCB Board of Directors to consider thesubmissions of stakeholders in this regard.Recommendation: 3.7.3 Rewarding Safe Employers1. It is suggested the WCB Board of Directors consider an experience rating program toreward or penalize individual employers on the basis of their workplace safetyperformance.3.7.4 Appeal of AssessmentsThe Acts enable an employer to request a review, and if not satisfied, an appeal, of theamount of an assessment. The WCB Board of Directors establishes the industrial classesand subclasses by policy and annually approves the assessment rate for industrial classesor subclasses. The rate paid by an individual employer is that set for their industrial classor subclass.The Panel was asked to consider the effect of Section 64, which enables a review orappeal of the amount of an assessment and Subsection 7.7(1), which requires theapplication of WCB Board of Director policy by the Appeals Tribunal when consideringan appeal. It appears that the enabling aspect of Section 64 is contradicted by therequirement to apply WCB Board of Directors’ policy.The legislation in 6 other jurisdictions enables employers to make some form of appealabout the amount of an assessment or their industrial classification.The amount of an assessment is determined by a number of factors: the amount ofassessable payroll, the classification of the employer, the rate set by the WCB Board ofWCB Legislative Review Panel Report Page 68 of 128December, 2001