FAQ's for Bill 41

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• Contacting each other, after the injury and maintaining communication; 

• Identifying suitable work for the worker that, if possible, restores the full wages the worker was earning         pre-injury; 

• Duty does not apply if contact and communication are likely to imperil or delay the worker's recovery. 

• Either party can file a complaint to the Board for failure to cooperate, and the Board must provide a decision on the matter within 60 days. 

  • Applies only to employers with 20 or more workers;

• Workers who have been employed by the employer for at least 12 continuous months;

• Who have been unable to work as a result of a work-related accident.

If the worker can not carry out their essential duties, of their pre-injury job, then the employer must offer to the worker, the first suitable work, that becomes available.

If the work can carry out their essential duties, then the worker would return to their pre-injury job, or an alternate position, that is comparable, to their pre-injury wages.

The employer must accommodate a worker, by either accommodating the worker, or the workspace, to the point of undue hardship. 

Duty to Maintain Employment expires 2 years, after the date of injury (DOI), if the worker has not returned to work, or has found suitable employment.

If the employer terminates an employee within 6 months after the worker commences suitable work, or their essential duties, then the employer has deemed to be non-compliant with Bill 41, subsection (3), (4). (Workers must file their complaint with the Board within 3 months of their termination).

If the employer provides proof that the worker was terminated, unrelated to the injury, then the employer would not face penalties under Bill 41. Employers must ensure that the reasons for the termination are well documented, in order to avoid these penalties, as they have a great impact on your premiums and claim costs.

**The Duty to Maintain, employment, does not apply to probationary workers, or to workers who have worked less than 12 months.

 i. WSBC would compensate the worker for the amount they would have been entitled to under the disability provisions;

ii. Administrative penalty up to the maximum wage rate for the respected years; (2024 is $116,700.00)

iii. Employer can appeal to the Review Division within 90 days, and then WCAT, if applicable.

This is our understanding and breakdown of the legal aspect of Bill 41, however, the actual implementation during its infancy may produce varied decisions and outcomes .

The Board has advised that employers are required to submit a Form 7 if COVID-19 is work-related.   The Board has confirmed that not all positive COVID cases are reportable.  The exposure to the worker must be work-related.

As per WorkSafeBC,  the following conditions must be met:  

The nature of the worker's employment created a risk of contracting the disease significantly greater than the ordinary exposure of the public at large.  A symptom cluster establishes the existence of COVID-19 and there is a medical diagnosis.

If staff are working from home, ensure that there is a policy in place that addresses health and safety for the home office and ways to prevent injuries.  In addition, site inspections should be performed to ensure compliance and that the staff member is safe from hazards.