Covid 19/ Bill 23 WSBC FAQ's

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Only employers who do not have an existing sick leave program for their workers are eligible.  Employers are still required to pay for those days missed.  Payments will be reimbursed up to $200.00 per day, per worker, due to self-isolation, awaiting a test result, or has COVID-19 symptoms.   The online application will be available in mid-June through WorkSafeBC.

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.

The PHO has implemented an  an expedited workplace closure order, that allows inspections officers to shut down a workplace for a period of 10 days or longer, if needed, after  a COVID-19 transmission has been detected.  Transmission of COVID-19  at a workplace is when three or more workers test positive, in accordance with public health. WorkSafe BC has advised that if a  closure is ordered, they will  work to support public health and will serve  the closure notice, as well as review the existing safety plan.  A closure does not always result in the business/site being closed, and will be determined on an individual basis. 

In preparation for the upcoming months, WorkSafeBC  has advised that they will be contacting businesses classified as short term accommodations (hotels, motels and resorts) within the next few weeks to ensure that their COVID-19 Safety Plan is up to date.

According to WSBC, there have been over 27,635 COVID-19-related inspections and 4,939 consultations, with a total of 3,199 COVID-19-related orders have been issued for health and safety violations.

With the rise in cases the Board has advised that safety plans will continue to be reviewed.   With the May long weekend approaching WSBC will be stepping up inspections located in hotspots, which will primarily be on restaurants, pubs and breweries with outdoor patios. The majority of inspections will take place in the Fraser Health and Vancouver Coastal health regions. 

As of Jan. 1, 2021, the following three provisions took effect:

• The maximum insurable earnings threshold and maximum wage rate increased  to $100,000 (from $87,100) for 2021, which will increase claim costs and assessment rates.
• Permanent partial disability benefits will now be based on the higher of a loss of earnings or loss of function calculation.
• Retirement age will be deferred until the age of 63.

The 32 legislative amendments that came into effect on August 14, 2020 include:

• Preventative health care:  This amendment allows the Board to pay for services before a claim is accepted, if the worker is at risk of deterioration. The Board has provided that if a claim is not allowed then those costs would not be kept on the employers account.
• Mental Disorders will be adjudicated from the time they became a mental disorder, with also has a one year time limit from that date.  However, there are "special circumstances" that can allow a claim after that time limit.
• WorkSafeBC is able to reconsider a decision after the 75- day limit has lapsed, if the decision contains an obvious error or omission and provided an appeal has not been initiated.
• Covid-19 has  been accepted as a Schedule 1- Occupational Disease, with many concerns, specifically due to  the lack of scientific and medical evidence which is still in the development and exploratory stages. 
• WorkSafeBC can demand that a third party who is indebted (or is likely to become indebted) to an employer that owes an amount to WorkSafeBC pays all or part of that debt directly to WorkSafeBC.
• Directors of a corporation at the time a debt to WorkSafeBC is accrued are now all liable, along with that corporation for the debt. There are exceptions to this rule.
• The court may issue search and seizure warrants to WorkSafeBC where there are reasonable grounds to believe an offence against the Act has been or is being committed. Previously, it required approval from the President/CEO of the Board..

WSBC has now advised that if an injured worker is in self isolation/quarantine, then the worker is at risk of endangering the health/safety of others.  Therefore, WSBC would pay full wages until the worker can participate in the RTW/GRTW.  It is imperative to discuss alternative options with the Case Manager regarding, work from home options, etc., as well as a revised RTW/GRTW.

The Chief Review Officer has currently advised, extensions of time may be granted under section 96.2(4) of the Act, to extend the 90 day and 45 day time limits where there are special circumstances surrounding Covid-19.  In addition, due to the complexity of the proceedings, there may also be an extension of time on the review itself, with is typically 150 days.

Yes, every employer is required to have a COVID-19 safety plan that assesses the risk of exposure at their workplace and implements measures to keep their workers safe. 

The Safety Plan must provide: adequate hand washing locations that are easily accessible, ensure a cleaning protocol with proper training with all  materials supplied by the employer, remove all "shared" items from lunch rooms, constructions sites can have no more than 50 people, and all onsite meetings are to be held in open spaces or outside, while still maintaining 2 metre distance.  Policies must also address who can be at the workplace, how to deal with illnesses, as they arise.  Ensure that all staff are aware of all policies and protocols that are in place either through training, signage and/or site orientation.

At all times, the BC CDC must be followed and also reflected in the policies created by each employer.

*Please note that this is  a brief synopsis*  

WSBC has advised that  they will not be reviewing or approving the safety plans, but will be reviewing safety plans of individual employers during their inspections.  All plans must be posted, even at worksites.  Failure to comply, the prevention officer may issue ORDERS. 

If staff are working from home, ensure that there is a policy in place that addresses health and safety for the home office.

WSBC has advised that they do not offer coverage for workers who have been sent home on a precautionary basis by their employer to self-isolate, due to symptoms.

Workers have the right to refuse work, if they believe it presents an undue hazard.  Undue hazard during Covid-19 would be where the job duties place them at an increased risk of exposure and safety measures are not in place to protect them from that exposure.  The worker and the employer must collaborate to resolve the issue, otherwise WSBC must be contacted and a prevention officer will determine if the worksite is safe.  If it is not orders may me issued.

WSBC has advised that in accordance with the BC's Public Health Office directive, all work sites must maintain a list of all employees working on work sites, daily.  In which documentation must be properly kept and stored for reference.