Covid 19/ WSBC FAQ's

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New standards are to be introduced under the Workers Compensation Act that will require  all asbestos abatement contractors to be licensed to operate in B.C.  It will also require  workers and employers who perform this type of work to complete mandatory safety training and certification. 

Asbestos abatement work involves: assessing, removing, repairing, transporting and disposing of materials that may contain asbestos.  This is to reduce death amongst workers, dealing with asbestos, as there were contributing factors in the 53 of the 161 workplace deaths due to asbestos exposure, in 2021.

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. 

According to WSBC, there have been over 28000 COVID-19-related inspections and over 5000 consultations, with a total of over 3000 COVID-19-related orders that have been issued for health and safety violations.

If staff is 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.

 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, with an expected increase for 2023, which will ultimately 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.
• The 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 employer's 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 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 offense against the Act has been or is being committed. Previously, it required approval from the President/CEO of the Board.