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

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The Panel was asked to consider circumstances when the General Safety Regulations arenot up-to-date with the changing safety environment – for example, changes intechnology or the introduction of safer work practices.The Panel was told that it takes time to revise regulations and in the interim there is norequirement for stakeholders to adopt or follow these improved codes, standards, or othersafety measures.A majority of respondents to the Stakeholder Questionnaire thought that the WCB Boardof Directors, on the advice of the Chief Safety Officer, should have the authority toestablish “codes of practice” in regulation. The Chief Inspector of Mines has authority toissue directives respecting occupational health and safety matters that are applicable tomore than 1 mine.The Panel agrees that the process for establishing codes, standards, and other safetymeasures should be one that is responsive to changing conditions. Enabling the WCB toissue directives having the force of law would ensure that any deficiencies or omissionsin the General Safety Regulations receive immediate attention. Having said this, thePanel is mindful of stakeholders’ concerns about prior consultation before changing theregulatory regime.Recommendations: 4.1.5 Interim Directives1. The legislation should be changed to enable the WCB Board of Directors, on theadvice of the Chief Safety Officer, to issue directives to change codes, standards andother safety measures.2. The legislation should be changed to require the WCB Board of Directors to consultwith affected stakeholders, or their representative associations, prior to issuingdirectives that govern codes, standards, and other safety measures.3. The legislation should be changed to enable the WCB Board of Directors to delegatesuch responsibility to consult.WCB Legislative Review Panel Report Page 89 of 128December, 2001
4. The legislation should be changed to require the Chief Safety Officer to generallypublicize any directives that are issued and to transmit directives to affectedemployers, who shall post directives.4.1.6 Regular Reviews of the Safety ActsThe Panel has discussed the importance of regular reviews of the Workers’ CompensationActs in Section 3.2.6, Regular Reviews of the Workers’ Compensation Acts. The Panel isof the same mind when addressing the issue of regular reviews of the Safety Acts.During the course of this review, the Panel has observed that some stakeholders areinterested in only safety issues, and others, only in workers’ compensation issues. ThePanel has also experienced some difficulty in switching focus from safety and workers’compensation issues. The type and source of information the Panel has needed tocomplete its work is also different in these 2 areas. The Panel believes that reviewsfocused on either workers’ compensation or safety would improve the results. The Panelsees the benefit of combining reviews of industrial safety and mine safety to ensureconsistency between the Acts and the Mine Health and Safety Act, where it makes sense.The Panel is concerned that if reviews of the Acts and the Workers’ Compensation Acttake place at the same time, this would place an unreasonable burden on the WCBadministration.Recommendations: 4.1.6 Regular Reviews of the Safety Acts1. The legislation should be changed to require independent reviews of safetylegislation, WCB Board of Directors’ policy governing safety, and WCBadministration of the Acts.2. The legislation should be changed to require independent reviews to take place atleast once every 5 years. This requirement should not limit the Minister’s ability todirect a review more often than every 5 years.WCB Legislative Review Panel Report Page 90 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
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 and 92: The Panel has recommended changes t
Page 93: 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 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
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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SUMMARY OF FORMAL PRESENTATIONS AND
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SUMMARY OF FORMAL PRESENTATIONS AND
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