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

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4.2 Safe Workplaces4.2.1 Environmental Tobacco SmokeSome stakeholders told the Panel about the dangers of environmental tobacco smoke(ETS) in the workplace. The majority of respondents to the Stakeholder Questionnairethought that there should be legislative change to regulate ETS in the workplace.The Panel reviewed the practice in other jurisdictions, particularly British Columbia. ThePanel also took note of the changing environment in the workplace and the manyemployers who have banned smoking at their workplace either voluntarily or as a resultof municipal by-laws.The Panel sees the removal of ETS from closed workplaces as a trend in the changingsafety environment.Recommendations: 4.2.1 Environmental Tobacco Smoke1. The legislation should be changed, if necessary, to enable the Minister to prescriberegulations concerning environmental tobacco smoke in the workplace.2. It is suggested the regulations in other jurisdictions be reviewed to assist in thedevelopment of new regulations.4.2.2 Harassment Free WorkplacesSome stakeholders told the Panel that a safe workplace is one that is free of workplaceharassment. The majority of respondents to the Stakeholder Questionnaire agreed. Somestakeholders told the Panel the Acts should be changed to regulate workplace harassment.Others held the view that if workplace harassment is regulated, the appropriate place todo so is human rights or other legislation not in the Acts.WCB Legislative Review Panel Report Page 93 of 128December, 2001
No other jurisdictions regulate workplace harassment in safety legislation. Some addressworkplace harassment in human rights or labour legislation.The Panel considered whether it was more appropriate to regulate workplace harassmentin human rights or labour legislation than in safety legislation. There is no human rightslegislation in the NWT or Nunavut. In addition, the 2 territorial governments lackjurisdiction in relation to labour matters.Recommendation: 4.2.2 Harassment Free Workplaces1. The legislation should be changed, if necessary, to enable the Minister to prescriberegulations concerning workplace harassment.4.2.3 First Aid TrainingSome stakeholders told the Panel that they saw a correlation between the requirement tohave trained first aiders at a work site and an improvement in safe work practices. Otherstakeholders advised the Panel that the current requirements related to the level oftraining for first aiders are out of date. We were told that the first aid sector hasresponded to changes in technology, such as automatic external defibrillation, bychanging the content and levels of first aid certification courses.Some stakeholders had specific recommendations for the Panel about changing theregulations to update the content of first aid kits and the certification of first aiders atdifferent work sites based on their location, type of industry, and number of on siteworkers.The Panel does not have the expertise to assess these specific recommendations. ThePanel does think that the recommendations of those in the first aid sector are useful andshould be considered by the WCB.WCB Legislative Review Panel Report Page 94 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
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The WCB Board of Directors made the
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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 and 94: the WCB when it is contemplating ch
Page 97: The Panel was asked to consider rec
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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Key:SUMMARY OF ISSUES FROM PUBLIC H
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smoke.Key:SUMMARY OF ISSUES FROM PU
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SUMMARY OF FORMAL PRESENTATIONS AND
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SUMMARY OF FORMAL PRESENTATIONS AND
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