Covid 19/ Bill 23 WSBC FAQ's

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34  Legislative amendments received royal assent, with 32 of them coming into  effect on  August 14, 2020 However consequential policy amendments will now need to be created to reflect the intent of the 

legislative amendments. We have been advised that stakeholders will have the opportunity to provide feedback into each policy amendment,  early to mid part of 2021. 

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.

As of Jan. 1, 2021, the following two provisions will take effect:

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

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Failure to pay your assessments can result in the Board  seizing your assets.

WSBC has now advised that they will be granting extensions for 180 days beyond the original expiry date for certificates between March 1, 2020  and August 01, 2020, Certificates will not be re-printed and no further action is required by first aid attendants or employers. Re certification will occur, once training becomes available.

*OFAA protocols have a primary change of compression only CPR- refer to OFAA Covid 19 Protocols.

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.

WSBC will be waiving premiums for employers who are approved to receive the Canada Emergency Wage Subsidy (CEWS). This will be applied retroactively to  the March 15, 2020 start date and continue for the duration of the CEWS program, is currently until August 29, 2020.  Employers must ensure they keep all documentation identifying workers who were furloughed, as a result of Covid-19.  

CEWS has now been extended until December 2020, however no updates from WSBC regarding an extension of premiums being waived until that time.  

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.

WSBC has advised that they will be deferring payments for another 3 months without penalty or interest. Employers are still required to report their payroll for the first and second quarters by July 20, 2020, with payment due for Q1 and Q2 due by October 20, 2020.  Q3 payment is also due October 20, 2020. 

WSBC has advised that they will be postponing the release of the 2021 preliminary rates, along with the rate consultation sessions until the fall.  typically, released in July.  WSBC BOD's  would like staff to evaluate the impact of the Covid-19 pandemic on employers and the economy, prior to the the release.

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.