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 theActs. There is no definition of owner or principal contractor. This is confusing.The current definition of employer excludes work sites where volunteers are “working.”The Panel has recommended that the definition of “worker” should include emergencyvolunteers and those volunteers whose organizations have applied for coverage of theirvolunteers under the Workers’ Compensation Acts. To be consistent, the definition ofemployer should include such organizations.Recommendations: 4.1.3 Definition of Employer1. The legislation should be changed to include owners, principal contractors, and subcontractorsin the definition of “employer’ and ensure that their collective andultimate responsibility for workplace safety is defined.2. The legislation should be changed to include those non-profit organizations that haveapplied for coverage of their volunteers as workers under the Workers’ CompensationActs.4.1.4 Process for Changing Codes, Standards, and Other Safety MeasuresThe Ministers prescribe codes, standards, and other safety measures in the General SafetyRegulations to ensure safe work places and practices. There is no requirement to seek theadvice of the WCB or stakeholders before changing regulations.A number of stakeholders told the Panel that before regulations are changed or a newinterpretation of existing regulations is implemented, affected stakeholders, or theirrepresentative organizations, should be consulted.The Panel heard from a number of stakeholders who are experts in their field. Theyexpressed the concern that the WCB cannot have on-staff experts in every type ofindustry or occupation and so may not have the internal expertise about safe workpractices in all areas. These stakeholders advised the Panel of their willingness to assistWCB Legislative Review Panel Report Page 87 of 128December, 2001
the WCB when it is contemplating changes to codes, standards or other safety measuresin the General Safety Regulations.The Panel accepted these submissions as a genuine offer to help improve workplacesafety and safe work practices. The Panel believes that prior consultation with affectedstakeholders before regulations are changed will result in better regulations. It is also inkeeping with the Panel’s views on transparency in administration.The WCB was assigned the responsibility for administering the Acts by the territorialgovernment. As noted earlier, respondents to the Stakeholder Questionnaire thought thisresponsibility was well placed. Given the separation between the WCB and the territorialgovernments, it seems reasonable to assume the governments intended that the WCBshould participate not only in the administration and enforcement of the Acts but also inthe development of any changes.Recommendations: 4.1.4 Process for Changing Codes, Standards, and Other SafetyMeasures1. It is suggested the WCB administration adopt the regular practice of consultingaffected stakeholders, or their representative associations, prior to implementing anychange in the interpretation of codes, standards, or other safety measures contained inthe General Safety Regulations.2. The legislation should be changed to require the Ministers to prescribe regulationsabout codes, standards, and other safety measures on the advice of the WCB Board ofDirectors.3. The legislation should be changed to require the WCB Board of Directors to consultwith affected stakeholders, or their representative associations, prior to advising theMinister about changes to the General Safety Regulations that govern codes,standards, and other safety measures.4.1.5 Interim DirectivesWCB Legislative Review Panel Report Page 88 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
Page 41 and 42: Recommendations: 3.4.2 Workers’ A
Page 43 and 44: The WCB Board of Directors made the
Page 45 and 46: esolutions committees, under the au
Page 47 and 48: The Appeals Tribunal must give the
Page 49 and 50: The Panel considered the establishm
Page 51 and 52: 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: The Panel has recommended changes t
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 and 106: The Panel feels that the instrument
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
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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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SUMMARY OF FORMAL PRESENTATIONS AND
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SUMMARY OF FORMAL PRESENTATIONS AND
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