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

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not employ workers at a particular work site, have duties and responsibilities under <strong>the</strong><strong>Act</strong>s. <strong>The</strong>re is no definition <strong>of</strong> owner or principal contrac<strong>to</strong>r. This is confusing.<strong>The</strong> current definition <strong>of</strong> employer excludes work sites where volunteers are “working.”<strong>The</strong> <strong>Panel</strong> has recommended that <strong>the</strong> definition <strong>of</strong> “worker” should include emergencyvolunteers and those volunteers whose organizations have applied for coverage <strong>of</strong> <strong>the</strong>irvolunteers under <strong>the</strong> Workers’ Compensation <strong>Act</strong>s. To be consistent, <strong>the</strong> definition <strong>of</strong>employer should include such organizations.Recommendations: 4.1.3 Definition <strong>of</strong> Employer1. <strong>The</strong> legislation should be changed <strong>to</strong> include owners, principal contrac<strong>to</strong>rs, and subcontrac<strong>to</strong>rsin <strong>the</strong> definition <strong>of</strong> “employer’ and ensure that <strong>the</strong>ir collective andultimate responsibility for workplace safety is defined.2. <strong>The</strong> legislation should be changed <strong>to</strong> include those non-pr<strong>of</strong>it organizations that haveapplied for coverage <strong>of</strong> <strong>the</strong>ir volunteers as workers under <strong>the</strong> Workers’ Compensation<strong>Act</strong>s.4.1.4 Process for Changing Codes, Standards, and O<strong>the</strong>r Safety Measures<strong>The</strong> Ministers prescribe codes, standards, and o<strong>the</strong>r safety measures in <strong>the</strong> General SafetyRegulations <strong>to</strong> ensure safe work places and practices. <strong>The</strong>re is no requirement <strong>to</strong> seek <strong>the</strong>advice <strong>of</strong> <strong>the</strong> <strong>WCB</strong> or stakeholders before changing regulations.A number <strong>of</strong> stakeholders <strong>to</strong>ld <strong>the</strong> <strong>Panel</strong> that before regulations are changed or a newinterpretation <strong>of</strong> existing regulations is implemented, affected stakeholders, or <strong>the</strong>irrepresentative organizations, should be consulted.<strong>The</strong> <strong>Panel</strong> heard from a number <strong>of</strong> stakeholders who are experts in <strong>the</strong>ir field. <strong>The</strong>yexpressed <strong>the</strong> concern that <strong>the</strong> <strong>WCB</strong> cannot have on-staff experts in every type <strong>of</strong>industry or occupation and so may not have <strong>the</strong> internal expertise about safe workpractices in all areas. <strong>The</strong>se stakeholders advised <strong>the</strong> <strong>Panel</strong> <strong>of</strong> <strong>the</strong>ir willingness <strong>to</strong> assist<strong>WCB</strong> <strong>Legislative</strong> <strong>Review</strong> <strong>Panel</strong> <strong>Report</strong> Page 87 <strong>of</strong> 128December, 2001

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