table of contents · general / national the united food and commercial workers (ufcw) canada union...

ORGANIZATIONAL SOLUTIONS INC.SOLUTIONS ORGANISATIONNELLES INC.

CANADIAN WC UPDATES - SUMMER / FALL 2019

P. 2© Organizational Solutions Inc. | T: 1-866-674-7656 | [email protected] | www.orgsoln.com

General / National ............................4

British Columbia............................ 6

Alberta.............................10

Saskatchewan...........................13

Manitoba............................15

Ontario............................18

Quebec............................23

New Brunswick...........................25

Nova Scotia...........................28

Prince Edward Island...........................32

Newfoundland and Labrador...........................34

Northwest Territories / Nunavut...........................36

Yukon...........................38

About Organizational Solutions Inc..........................40

Table of Contents

Please Note : The Canadian Workers’ Compensation Updates format and design is a complimentary copyrighted resource of Organizational Solutions Inc. In accordance with the Copyright Act of Canada, this Guide may not be used for the commercial interests of any other organization, nor replicated or reproduced without express written permission from Organizational Solutions Inc. These updates provide a summary of Workers’ Compensation content across Canadian media that OSI has curated and believes would be interesting to our readers. The content, experience, and information on any third-party sites accessed through this update lies with the respective owners.

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ABOUT ORGANIZATIONAL SOLUTIONS INC. Organizational Solutions Inc., a leader in Canadian Disability Management and Workers’ Compensation, understands how the Workers’ Compensation system works. We can use our practical and proven techniques to reduce the human and financial costs associated with injuries in your company.

We will ensure that you are in the correct rate group and ensure refunds / rate reductions are achieved with your provincial Workers’ Compensation agency.

We will help you sort through the jargon and the terminology to ensure the system works in your favour.

For more information on our services and how to get in touch see the final section of this magazine.

One thing you can say about Canada's Workers' Compensation Boards: they never remain in status quo. In this update, the team at Organizational Solutions Inc. present some of the significant changes happening in Boards across the country. From a special report on the WSIB's upcoming rate changes to the introduction of safety officers in Manitoba. From Nova Scotia accepting the Auditor General's recommendations to a strong focus on safety and prevention across the country. Across Canada, we continue to see all the Boards focus on a broad mission: to reduce workplace accidents and make Canada's workplaces safer. We have gathered the most relevant news releases from the past few months and present them to you in short, digestible stories. In this magazine, we have also include general interest stories released by various boards across the country. You will find some advice on stretching from New Brunswick or a report on opioids in Nova Scotia. These stories, though released by that Province's Board, have broad implications to all employers across the country. We hope you enjoy this magazine and, as always, we are always open to hearing your feedback and ideas on how we can improve its value for future editions. Best regards, Chris Keenan Editor

Letter from the Editor

GENERAL / NATIONAL

The United Food and Commercial Workers (UFCW) Canada union has launched a campaign to get Uber

drivers to join.

UFCW Canada has seen hundreds of drivers in Toronto show interest. It cites concerns faced by drivers such as not getting paid sick days or vacation days a well as lack of access to workers’ compensation. It also claims workers can be paid below the minimum wage

and wishes to hold companies like Uber accountable for the well-being of their employees.

CityNews reported that there are tens of thousands of drivers in the city. The hundreds of drivers represent a very small number. They also are not yet certified as union members; Uber is not obligated to negotiate with them. >> Full Story at https://www2.staffingindustry.com/Editorial/Daily-News/Canadian-union-launches-effort-to-organize-Uber-drivers-50399?cookies=disabled

Source: www2.staffingindustry.com

CANADIAN UNION LAUNCHES EFFORT TO ORGANIZE UBER DRIVERS

UFCW are trying to get UBER drivers across Canada to join the union for better employment rights.

Official statistics show that around 1,000 work-related deaths occur across Canada each year.

The Journal of Canadian Labour Studies estimates the actual number is about 10 to 13 times greater.

Many forms of cancers and diseases have a direct link to workplace environments. Official statistics count only the ones offset by the provincial or territorial compensation boards.

Also, not all work-related diseases are always recognized as such. There is a long history of workers' struggle for certain diseases to become covered

by the boards. Even when the ailments are finally acknowledged as work-related, claims are often rejected or not filed.

Low claim rates for certain diseases are due to several factors including:

• Lack of awareness among victims and families• The long latency period between exposure and

diagnosis• Doctors not making the connection to work

Other types of fatalities excluded from official data include suicides that can often be linked to work.Researchers warn that in the current economic system, employees feel compelled to work even when unwell. Unionized workplaces are safer. So, speaking collectively is the way for workers to respond.

>> Full Story at http://www.rabble.ca/news/2019/05/uncounted-not-all-work-related-deaths-tracked-official-stats-canada

Source: www.rabble.ca

THE UNCOUNTED: NOT ALL WORK-RELATED DEATHS TRACKED BY OFFICIAL STATS IN CANADA

Not all work related deaths are being tracked by official statistics. Could be 10 to 13 times greater.

P. 5© Organizational Solutions Inc. | T: 1-866-674-7656 | [email protected] | www.orgsoln.com<<< BACK TO INDEX PAGE

A consulate employee in Boston sued the Government of Canada for injuries under

Massachusetts’ workers’ compensation statute.

The 1st U.S. Circuit Court of Appeals, in a 2-1 decision, reversed the District Court's ruling. The federal law does not protect Canada's immunity from suit. >> Full Story at https://masslawyersweekly.com/2019/06/20/canada-stripped-of-immunity-in-workers-comp-suit/

Source: https://canada.constructconnect.com

CANADA STRIPPED OF IMMUNITY IN WORKERS’ COMP SUIT

US Circuit Court of Appeals rules that Canada is not immune from injury suit.

The efficient work of new equipment does not have to sacrifice safety. In fact, the latest technology

can improve safety along with efficiency. Proper use of this technology requires understanding of its purpose and use. Training in this area is paramount.

It can be a deadly interaction. In 2017, 160 of 951 Canadian worker deaths in 2017 were in the manufacturing industry. This danger is the reason for employee training in the proper use of machine guarding.

Most situations need a machine operator to interact with the machine guarding process. It is important that operators learn about these dangers and how guarding devices keep them safe.

Using the distance formula identified in safety guidelines helps determine the best machine guarding device. Per this formula, the safeguarding product

has a prescribed location based on a certain factors. Common safeguarding devices include presence-sensing devices (e.g. laser scanners and light curtains) and automated barrier doors.For metalworking facilities, physical barriers can offer added protection from secondary hazards, shrink a workcell’s footprint, and improve productivity.

Limiting risk for workers is a major component in running a successful operation. Facility managers need to remember to start with a proper risk assessment >> Full Story athttps://www.canadianmetalworking.com/article/metalworking/safety-improves-with-automated-barrier-doors

Source: www.canadianmetalworking.com

SAFETY IMPROVES WITH AUTOMATED BARRIER DOORS

Safety improves in manufacturing workplaces with automated barrier doors

BRITISH COLUMBIAWORKERS’ COMPENSATION BOARD

WorkSafeBC PO Box 5350, Vancouver, BC, V6B 1H9

Tel: 604-273-2266 Web: www.worksafebc.com

P. 7© <<< BACK TO INDEX PAGE

S tudies show that noise in pubs and night-clubs in Vancouver and Victoria regularly exceed 85 decibels (dBA). Regular exposure to these

noise levels can cause permanent hearing loss in unprotected workers. While hearing protection is critical in the service industry, bartenders, servers, and other workers are often reluctant to use hearing protection. Many believe it makes it more challenging to communicate with customers. WorkSafeBC state clearly: this is not the case. Above 90 dBA, hearing protection actually enables workers to hear speech more clearly. Bartenders and servers should pick a style of comfortable hearing protection they like.

WorkSafeBC is alerting employers and workers of the risk with a new safety bulletin and several new online resources. Between 2008 and 2017, the Board accepted 3,343 disability claims for noise-induced hearing loss. >> Full Story at https://www.worksafebc.com/en/about-us/news-events/news-releases/2019/May/concerned-about-risk-of-hearing-loss-in-the-service-industry

Source: www.worksafebc.com

RISK OF HEARING LOSS IN SERVICE INDUSTRY WORKERS

Loud work environments, such as pubs and clubs, can put workers at increased risk of hearing loss.

W orkSafeBC is reminding employers to ensure workers are safe when they are working alone.

Employers must identify, prevent, or minimize hazards to anyone who is working alone. Businesses should have robust working alone policies and procedures in place, and a system to check the well-being of workers at specified intervals. >> Full Story at https://www.worksafebc.com/en/about-us/news-events/announcements/2019/May/keeping-lone-workers-safe


KEEP LONE WORKERS SAFE

Employers are responsible for the health and safety of employees who work alone.

The American Conference of Governmental Industrial Hygienists (ACGIH) published the

2019 Threshold Limit Values (TLVs) for hazardous chemical substances. WorkSafeBC refers to TLVs as Occupational Exposure Limits (OELs). An OEL states the largest allowed airborne concentration for each substance. This concentration ensures most workers experience no adverse health effects over a working lifetime. OELs are often set out as an 8-hour time-weighted average concentration, short-term exposure limit, or ceiling limit.

When the ACGIH publishes its annual list, WorkSafeBC notes the substances with new or revised TLVs and adds these substances (together with their existing OELs) to the Table of Occupational Exposure Limits.

>> Full Story at https://www.worksafebc.com/en/about-us/news-events/announcements/2019/May/keeping-lone-workers-safe


2019 EXPOSURE LIMITS FOR HAZARDOUS

CHEMICAL SUBSTANCES WorkSafeBC has updated its exposure limits for

workplace hazardous chemical substances.


The province of B.C. is asking the public to give their input on its workers’ compensation system

and how to shift the system to become more worker-centred. The province will also ask residents how it can increase worker and employer confidence.

The public and interested stakeholders shared their views up until July 19, 2019. The province will accept written feedback and host open, public hearings in 14 communities around the province.

Injured workers will be reserved time to speak at the hearings. This is to ensure their input is on the record

to improve the workers’ compensation system.The process began in April. Minister of Labour Harry Bains appointed retired labour lawyer, Janet Patterson, to conduct the independent review.

Patterson's task is to assess the system’s policies and practices that support injured workers’ return to work. She will also assess the policies through a gender and diversity-based analysis. >> Full Story at https://canada.constructconnect.com/joc/news/labour/2019/06/b-c-reviewing-wcb-system

Source: https://canada.constructconnect.com

B.C. REVIEWING WCB SYSTEM LAWS

British Columbia is opening consultation on how make its WCB system more worker-centric.

The RCMP Lower Mainland District Integrated Road Safety Unit is partnering with the Work Zone

Safety Alliance and WorkSafeBC to raise awareness about the risks workers face while working on or alongside the road.

In 2018, two roadside workers died and 29 injured as a result of being hit by a motor vehicle. Between 2009 and 2018, that number was 13 deaths and 213 injuries of roadside workers as a result of similar circumstances.

The B.C Cone Zone Campaign, sets out to remind employers, workers and drivers to obey the law when approaching a cone zone. Cone zones are work areas set up by roadside workers to protect themselves and the driving public.

The B.C. Cone Zone Campaign coincides with the increase in roadside work throughout the province in the spring and summer. As construction activity increases in the busy spring and summer

construction months, drivers need to slow down when driving through a cone zone. Drivers need to pay attention to instructions from traffic control persons, temporary road signs and traffic control devices. In addition, under the “Slow Down, Move Over” legislation, drivers should be prepared to reduce speed and move over to an open lane when driving near a vehicle with flashing amber, red or blue lights.

Employers have a legal responsibility to ensure the health and safety of their workers and contractors along B.C.'s roads and highways. >> Full Story at https://www.workerscompensation.com/news_read.php?id=32563


CANADA: RCMP STEPS UP TRAFFIC ENFORCEMENT IN SUPPORT OF ROADSIDE-WORKER SAFETY

WorkSafeBC has updated its exposure limits for workplace hazardous chemical substances.

C riminal negligence charges have been filed in the 2009 death of Sam Fitzpatrick on a B.C.

worksite, charges that are unprecedented in Canada for a major multinational corporation. Fitzpatrick was 24 years old when a falling boulder crushed him on a Kiewit hydroelectric construction project on the Central Coast on Feb. 22, 2009. His younger brother, Arlen, was watching when it happened. One day earlier, another large rock had tumbled down the slope where the crew was working, damaging a piece of equipment.

Supervisors allowed excavators to head back to work, ignoring a new safety plan, according to a WorkSafeBC investigation.

Kiewit was originally fined $250,000 by WorkSafeBC for Fitzpatrick's death. When the company appealed to the WCB Appeal Tribunal, the penalty dropped to less than $100,000.

That decision prompted Fitzpatrick's father to approach the RCMP about opening an investigation. Police recommended charges in 2017.

Fitzpatrick's family and friends, along with the United Steelworkers union, have spent the last decade fighting for accountability in the tragedy.Family friend Mike Pearson described news of charges as bittersweet but very welcome.

Kiewit's vice-president of corporate communication, Bob Kula, wrote in an email that the company is reviewing the charge but will "vigorously defend" itself in court. >> Full Story at: https://www.cbc.ca/news/canada/british-columbia/sam-fitzpatrick-workplace-death-criminal-negligence-charges-1.5157579

Source: https://www.cbc.ca

UNPRECEDENTED CRIMINAL CHARGES LAID IN B.C. WORKER'S DEATH Following reduced fines from a WCB appeal, the

victim's father opened a case with the RCMP.

The union representing four workers who died in two British Columbia sawmill explosions in 2012 says

it hopes a new review of worker safety ordered by the provincial government will lead to overdue justice for survivors and families of the victims.

Steve Hunt, district director for the United Steelworkers union, said previous inquiries into the explosions at Babine Forest Products in Burns Lake and Lakeland Mills in Prince George raised more questions than answers and he hopes the new review prevents similar disasters from happening in the future.

The B.C. Ministry of Labour says it has contracted Vancouver lawyer Lisa Helps to assess how WorkSafeBC implemented worker safety recommendations in the wake of the explosions that killed four and injured 42 workers.

Helps will also provide advice on potential legislative changes to improve worker safety in the province in her report to the attorney general. The report is due mid-July.Coroner’s inquests were previously conducted into the deaths and the government commissioned two other reports in 2014 (Dyble and Macatee). Together, they made recommendations directed at government and other agencies.

The inquest into the Babine blast ruled the pair of workers' deaths an accident. A WorkSafeBC investigation revealed an accumulation of wood dust was a major factor in the disaster.

WorkSafeBC provided a statement saying the it is looking forward to working with Helps. It also pointed to the Macatee report on WorkSafeBC’s review and action plan. The report found all 43 recommendations in the Dyble report implemented by March 1, 2016.

The report said WorkSafeBC had overhauled its investigation process and had an agreement to work with police services and the Criminal Justice Branch. >> Full Story at: https://nationalpost.com/pmn/news-pmn/canada-news-pmn/new-review-of-worker-safety-underway-seven-years-after-b-c-mill-explosions

Source: https://nationalpost.com

NEW REVIEW OF WORKER SAFETY UNDERWAY SEVEN YEARS AFTER B.C. MILL EXPLOSIONS

BC Minister of Labour has contracted Vancouver Lawyer, Lisa Helps, to Assess Worker Safety Recommendations

ALBERTA

WORKERS’ COMPENSATION BOARD

Workers’ Compensation

Board of Alberta 9912 107 St. P.O. Box 2415, Edmonton,

AB, T5J 2S5 Tel: 780-498-3999

Web: www.wcb.ab.ca

On May 27th, the Government of Alberta introduced Bill 2 (An Act to Make Alberta Open for Business).

Bill 2 is the result of a promise during the election to reverse some of the NDP legislative changes. If passed unchanged, Bill 2 will deliver the following changes:

• Return to previous holiday pay requirements. Holiday pay is only required when the holiday falls on a day which would be a regular work day for an employee. This provision is planned for September 1, 2019.

• • Return to the banked overtime provisions under

which banked overtime can be taken as time off work on an hour for hour basis. There is no change to overtime pay at 1.5 times an employee's normal hourly rate of pay. Banking overtime will still require employee agreement through Overtime Agreements. Overtime under an Overtime Agreement may be banked for up to 6 months (or longer if under a collective agreement) before it must be taken or paid. This provision will come into force on September 1, 2019.

• • Restore the mandatory secret ballot vote for

union certification applications. The 40% support required to have a vote will remain but "Card-based certification" based on 65% support will not. Votes will be mandatory in every case (in the absence of unfair labour practices by the employer). Any vote will require majority support.

• • Reduce the time allowed for unions to sign up new

members for certification applications back to 90 days.

• • Strengthen the marshalling provisions of the Labour

Relations Code to also apply to Human Rights applications. The legislation protects an employee's right to fair representation on any human rights issue to proceed by arbitration.

• • Establish a program to provide support and

assistance to individual employees on matters under the Labour Relations Code, the Police Officers Collective Bargaining Act, the Public Education Collective Bargaining Act, and the Public Service Employee Relations Act. These changes will help employees understand and exercise their rights in

•

• • • •

respect to both employers and unions. This provision comes into force on October 1, 2019. The details of this program remain to be determined.

Some of the changes may depend upon regulations, in addition to legislation.

The Government also introduced changes to the minimum wage that allows for a lower minimum wage for workers under age 18 who are still developing skills and experience. The general $15 per hour minimum wage will remain, and the lower experienced wage will be $13 per hour. This new minimum wage takes effect June 26, 2019. The lower wage will apply for the first 28 hours worked by a student while school is in session and all hours when school is on break (e.g. summer). They must be paid $15 per hour for all hours worked above 28 when school is in session.

The Government has explained that it wanted to reduce the regulatory burden on employers quickly, and by introducing Bill 2 it delivers on its platform. It also intends to make other labour and employment law changes in the autumn to include:

• Changes to essential services legislation to address the current ban on using any replacement workers at employers involved in essential services

• . • Protection to workers against being forced to fund

causes and political parties through union dues without explicit opt-in approval.

• • Changes to remedial certification. The NDP created

an ability for the Labour Board to order certification without an employee vote in cases of employer unfair labour practices.

There may be many other possible changes. >> Full Story at: http://www.mondaq.com/canada/x/813636/employee+rights+labour+relations/Alberta+Labour+Law+Changes+Begin

Source: http://www.mondaq.com

ALBERTA LABOUR LAW CHANGES BEGIN

Bill 2 aims to reverse some of the NDP legislative changes on Labour laws and Unions.


The Alberta Court of Appeal recently revisited the question of directors' personal liability for injuries

sustained in a workplace incident.

In this case, the defendant was a director of a company retained as a subcontractor to perform work in new construction. The work included the installation of a temporary staircase.

The director both supervised and participated in the actual installation of the staircase. The staircase collapsed, injuring the plaintiffs. The plaintiffs were workers for another subcontractor also performing

work at the house. Workers' Compensation Act (WCA) Alberta considered the plaintiffs "workers" and both the employers and the director's company "employers." Thus, both corporations were immune from suit pursuant to the WCA.

The Workers' Compensation Board (WCB) compensated the workers for their injuries. They also brought a subrogated claim (claim to collect money from the party at fault to recover funds already paid). >> Full Story at http://www.mondaq.com/canada/x/803616/Employee+Benefits+Compensation/Alberta+Court+Of+Appeal+Confirms+That+Directors+May+Be+Held+Personally+Liable+For+Injuries+Sustained+In+A+Workplace+Incident

Source: www.mondaq.com

ALBERTA COURT OF APPEAL CONFIRMS THAT DIRECTORS MAY BE HELD PERSONALLY LIABLE FOR INJURIES SUSTAINED IN A WORKPLACE INCIDENT

Directors can be held personally liable for workplace injuries in some instances.

The Alberta Human Rights Tribunal recently dismissed part of a human rights complaint on

the grounds that the issue was already decided by the Alberta Workers' Compensation Board ("WCB").

The Complainant filed a human rights complaint. They asserted, among other things, that he suffered racially-based harassment and discrimination during the course of his employment with his employer.

The WCB denied the claim as it found no objective confirmation of work-related events or stressors that supported the Complainant suffering from "a chronic onset psychological injury arising out of and occurring during the course of employment."

This provision may be particularly helpful to employers given the current delay in Alberta human rights matters proceeding to a hearing and the likelihood that another forum will issue a decision well in advance of an adjudication of the human rights matter.

>> Full Story at https://www.mccarthy.ca/en/insights/blogs/canadian-employer-advisor/alberta-human-rights-tribunal-adopts-findings-workers-compensation-board

Source: www.mccarthy.ca

ALBERTA HUMAN RIGHTS TRIBUNAL ADOPTS FINDINGS OF WCB

Tribunal dismisses on the basis that the case had already been decided by the WCB.

SASKATCHEWAN


Workers’ Compensation Board

of Saskatchewan 200-1881 Scarth St. Regina, SK, S4P 4L1

Tel: 306-787-4370Web: www.wcbsask.ca

The Saskatchewan Workers’ Compensation Board released the workplace total injury rate for 2018. The

numbers showed a 3.6 per cent increase from 2017. Most alarming was the number of fatalities. There were 48 fatalities in 2018, an increase of 78 per cent from 2017. Over the past 15 years, the WCB has seen an average of 37 workplace fatalities per year. In 2017, the WCB saw the lowest number in the past 15 years at 27. The board said it is a development they must address immediately. Individuals to organizations to leadership need to take part in ensuring injury rates do not increase further, the board stated. The top causes of fatalities in 2018 were from occupational diseases and motor vehicle collisions.

WorkSafe Saskatchewan offers resources, awareness campaigns, education, training, and targeted initiatives to help end workplace injuries and fatalities. Last year, the WCB signed a data sharing agreement with SGI to help determine the causes of motor vehicle crashes. The board’s flagship program is “Mission: Zero” – zero injuries, zero fatalities and zero suffering. Eighty-eight per cent of Saskatchewan employers achieved Mission: Zero in 2018. >> Full Story at: http://www.wcbsask.com/8233-2/

Source: http://www.wcbsask.com

SASKATCHEWAN’S 2018 WORKPLACE TOTAL INJURY RATE INCREASES

Total injury rate increases by 3.62%, while Time Loss injury rate increases by 6.99%. 88% of Saskatchewan employers achieved zero injuries.

Saskatchewan's Workers’ Compensation Board saw claim costs increase last year. The benefits

liabilities also increased by 4.3 per cent in 2018. This, the board said, was due to an expected increase in the use and treatment in health care costs. More mental health claims and claims staying in the system longer also added to the rise.The two primary drivers of compensation costs paid are the number and duration of Time Loss claims:

• The average duration of Time Loss claims increased to 41.89 days in 2018 compared to 40.16 days in 2017. • The WCB accepted 8,151 Time Loss claims in 2018, up from 7,888 claims accepted in 2017. The Saskatchewan Workers’ Compensation Board remains fully funded. They can cover the future costs of all claims in the system. The WCB’s Injury Fund is at $399.8 million as of year-end 2018 compared to $555.0 million in 2017. The WCB remains fully funded at 115.2 per cent. >> Full Story at: http://www.wcbsask.com/wcb-releases-2018-

Source: http://www.wcbsask.com

WCB SEES AN INCREASE IN CLAIM COSTS

Despite an increase in claim costs, the WCB remains fully funded at 115.2 per cent

The Saskatchewan Workers' Compensation Board (WCB) has appointed Philip Germain to replace Peter Federko as their new Chief Executive Officer (CEO).

Mr. Germain has been with the WCB for almost 15 years in leadership roles for the majority of his tenure. Mr. Germain rose in his safety career from his start as the Manager of the Agricultural Manufacturers of Canada Safety Program in 1998,

Mr. Federko continued to serve as CEO until his retirement on May 31st. Mr. Germain then took on the duties of CEO. >> Full Story at: https://www.workerscompensation.com/news_read.php?id=32532

Source: www.workerscompensation.com

SASKATCHEWAN WCB ANNOUNCES NEW CEO

Mr Philip Germain takes over from Peter Federko as the Board's new CEO.

MANITOBAWORKERS’ COMPENSATION BOARD


Board of Manitoba333 Broadway Street, Winnipeg, MB,

R3C 4W3 Tel: 204-954-4321

Web: www.wcb.mb.ca

While the WCB entered 2018 in a strong financial position, a volatile fourth quarter resulted in $53

million in losses to investments. This loss was the primary concern when the Workers Compensation Board of Manitoba’s (WCB) released their 2018 Annual Report in the Manitoba Legislature on May 30th, 2019.

While the WCB may have ended the year with an operating loss, financial stewardship over the years has ensured they continue to run a healthy surplus in the funding reserve. The WCB announced plans to return a portion of this surplus to employers in 2019. The report also highlighted the work of SAFE Work Manitoba, a division of the WCB. SAFE Work helps Manitoba industries create and nurture safe and healthy workplaces. Today, more and more employers are recognizing the benefits of becoming SAFE Work Certified. SAFE Work made tremendous strides lowering injuries, resulting in an eight per cent decrease in time loss claims from the previous year. >> Full Story at: https://www.wcb.mb.ca/wcbs-2018-annual-report-focuses-on-injury-prevention-and-volatile-financial-markets

Source: https://www.wcb.mb.ca

WCB’S ANNUAL REPORT FOCUSES ON INJURY PREVENTION AND VOLATILE FINANCIAL MARKETS

Volatile fourth quarter led to $53 million in losses, but offset by a strong surplus in the funding reserve.

Better than expected results in injury prevention, return to work and financial investments,

allowed the Workers Compensation Board of Manitoba (WCB) to distribute $74 million in surplus funds to employers across the Province. The WCB also reduced the average employer assessment rate for the fourth consecutive year. The rate has decreased from $1.50 in 2014 to $0.95 in 2018 — a 37 per cent reduction over the four years. The board stated that this was the lowest average assessment rate in Canada. The WCB maintains a reserve fund to ensure the long term sustainability of the workers’ compensation system. It also reduces any potential rate variability and protects Manitoba’s workforce.

The distribution of surplus funds, determined annually by the board, means any excess funds accumulated beyond the reserve level can be distributed to employers in the Province. Investments in system efficiency, combined with the work of employers and partners, are credited with having helped decrease time-loss injury rates by 16 per cent over the last five years. >> Full Story at: https://www.cos-mag.com/ohs-laws-regulations/40137-wcb-manitoba-distributed-74-million-in-surplus/

Source: https://www.cos-mag.com/

WCB MANITOBA DISTRIBUTES $74 MILLION IN SURPLUS, BOASTS LOWEST AVERAGE ASSESSMENT RATE IN CANADA

Better than expected results means the board distributed $74 million in surplus funds to employers across Manitoba.

P. ©

Safety officers at hospitals and other public institutions could respond quickly to people who are in severe

distress and pose a risk to themselves or others.

This is why the Manitoba government is proposing a new institutional safety officer designation. The officers would have expanded authority, training, and appropriate protections. The officers would, most likely, be first responders to any incident and work with the local police agency as needed. Their primary role would be to provide security to the people and property at their workplace. They would also have expanded enforcement responsibilities to ensure public safety. New regulations are expected to set expectations for training, uniforms, and equipment. They will also outline the specific powers and duties of the officers. >> Full Story at: http://awcbc.org/?p=19485

Source: awcbc.org

PROVINCE OF MANITOBA PROPOSES INSTITUTIONAL SAFETY OFFICERS

New Institutional Safety Officers would have expanded enforcement rights to help keep people safe

The Manitoba government has proposed legislative changes to The Workplace Safety

and Health Amendment Act. The changes would include: • Strengthening deterrents for the most serious workplace infractions. This could mean doubling maximum penalties for offences under the act to $500,000 (first offence) and $1,000,000 (second/subsequent offence) • Preventing frivolous or vexatious complaints and appeals going to the Manitoba Labour Board. This would help the Board administer its responsibilities more effectively • Reducing duplication by transferring the remaining responsibilities of the Chief Prevention Officer (CPO) position to SAFE Work Manitoba. SAFE Work provides oversight of injury and illness prevention projects throughout the province. The proposed bill would come into force upon royal assent. >> Full Story at: awcbc.org/?p=19493

Source: awcbc.org

PROVINCE OF MANITOBA INTRODUCES WORKPLACE SAFETY AND HEALTH AMENDMENT ACT

Proposed changes include increasing penalties for serious infractions and reducting duplicate work being done by the CPO and SAFE Work Manitoba.

Safety officers at hospitals and other public institutions could respond quickly to people who are in severe

distress and pose a risk to themselves or others.

This is why the Manitoba government is proposing a new institutional safety officer designation. The officers would have expanded authority, training, and appropriate protections. The officers would, most likely, be first responders to any incident and work with the local police agency as needed. Their primary role would involve providing security to people and property at their workplace. The new officers would also have expanded enforcement responsibilities to ensure public safety.

Source: awcbc.org

PROVINCE OF MANITOBA PROPOSES INSTITUTIONAL SAFETY OFFICERS

New Institutional Safety Officers would have expanded enforcement rights to help keep people safe

New regulations are expected to set expectations for training, uniforms, and equipment. They will also outline the specific powers and duties of the officers. >> Full Story at: http://awcbc.org/?p=19485

ONTARIO


Workplace Safety & Insurance Board

200 Front Street West, Toronto, ON, M5V 3J1

Tel: 800-387-0750Web: www.wsib.on.ca

The WSIB is introducing a new way to set premium rates for all Ontario businesses covered by

workplace injury and illness insurance. The new rate framework changes the way the WSIB classifies companies in all industries.

The model comes into effect on January 1, 2020. The aim is to boost fairness and increase transparency in how the WSIB set and adjusts premium rates.

SIMPLER CLASSIFICATIONThe WSIB will adopt the North American Industry Classification System, or NAICS, to classify all businesses. NAICS is already used by Statistics Canada, the Canada Revenue Agency, and is a North American standard. Statistics Canada and the Canada Revenue Agency, for example, use NAICS to classify employers all across Canada. The WSIB aims to simplify and streamline classifications to make it easier to understand how they classify your business.

In the new rate framework, employers will have a “Predominant Class.” This Class represents your largest percentage of insurable earnings.

It will streamline classifications from the current 155 rate groups down to just 34 classes/subclasses.

FAIR PREMIUM RATESTo ensure a fair premium for workplace coverage, the WSIB takes into account each employer’s risk and claims experience.

PREMIUM RATE STABILITYThe rate framework also looks to the future. In addition to annual rates, the WSIB will project future premium rates. This projection is an early indicator of the direction your premium rates are going. It will help keep employers informed and prepared for any changes to future rates. The WSIB says they will phase this new model over time to allow employers time to adjust.

EASY TO UNDERSTANDThe standardized classification system will be very clear, simple, and easy to understand. The WSIB hope this will promote active and informed participation by

everyone involved.

COLLECTIVE LIABILITYThe risk-sharing arrangement among all employers who pay premiums will continue. This sharing maintains the insurance fund. The rate framework is revenue neutral – the total amount of premium dollars collected by the WSIB will not change.

EASE OF ADMINISTRATIONWith a precise classification and rate-setting approach, the WSIB aims to ensure an efficient and effective system to administer and maintain claims.

TWO-STEP MODEL The rate framework will use a two-step approach to set and adjust premium rates for businesses._________________________The first step involves setting an average rate for each industry class. This is based on an industry’s risk profile and share of responsibility to maintain the insurance fund.

The second step looks at how your claim history compares to the rest of the businesses in your class. This means that an employer’s overall rate under the new model will reflect your claims experience and the associated risk._________________________This two-step approach will ensure businesses are paying a fair rate reflective of their industry and their own experience. When setting premium rates, the WSIB will be using insurable earnings, claims costs, and the number of allowed claims, over six years. For new businesses with less than one year of experience, the premium rate will be the average class rate.

RISK BANDING In our new model, each NAICS class has a series of risk bands. Each risk band has an associated rate, either above or below the class rate. This is known as the risk band 60 rate.

The risk band 60 rate represents the premium rate a business would pay based on the risk of their class

ONTARIO’S NEW RATE FRAMEWORK: EVERYTHING EMPLOYERS NEED TO KNOW

SPECIAL REPORT

TIMELINE OF THE TRANSITIONTo help businesses smoothly transition to the new model, the WSIB will apply rate decreases immediately. Rate increases will be phased in over three years. Here’s how the transition to the new model will work:

2020The WSIB will assign businesses a starting point rate and projected premium rate. These are based on previous rates, claims experience, size of the company, NAICS classification, and whether or not they were in an experience rating program previously. This will determine the 2020 premium rate they will pay.

The projected premium rate will provide businesses with their future premium rate direction, up or down. This assumes there is no change in individual and class experience.

Businesses with projected premium rate decreases will move down to their projected risk band.

Risk bands are not static; they are set and reviewed each year based on the overall claims experience of the class.

2021Businesses with projected premium rate increases will move up a maximum of one risk band from their 2020 risk band. Businesses with projected premium rate decreases will move down to their projected risk band.

2022Businesses will move up a maximum of two risk bands above their 2021 risk band. As in year two, businesses with projected decreases will move down to their projected risk band.

Starting in 2023, policies for premium rate setting under the new model will be in full effect. Businesses with projected premium rate increases will see their rates increase up to three risk bands per year until they reach their projected premium rate. Companies eligible for decreases will see their rates decrease up to three risk bands per year until they reach their projected premium rate.

For more information on the transition rules, see the WSIB’s Transition policy.

alone. This cost does not factor in any adjustments made based on your business’ individual claims experience and risk. It generates the premium required by each class to help fund the overall system and ensure each class is self-sufficient.

When the WSIB set the risk band 60 rate, they consider the collective experience of all the participants of the class. If the risk band 60 rate for a class changes as a result of the overall claims experience of that class, it will impact the other risk band rates within that class.

The WSIB assigns each business a risk band that best represents your risk with other businesses in your class. The risk band rate includes rate adjustments based on your individual experience. The difference between successive risk band rates is approximately 5 per cent.

Businesses that fall under the same risk band rate have similar risk profiles and will pay the same rate.

PREDICTABILITY Predictability means that the WSIB will use your past claims experience and insurable earnings to predict future outcomes. They will calculate the rate using the class rate and the risk associated with your business. This is calculated over a six-year period.

Low predictability means low insurable earnings and a low number of allowed claims. In this case, your claims experience would not have a significant impact on your rate.

Instead, the rates of your class will have more influence on your premium rate. This calculation protects against volatility and the dramatic effect one claim could have on your rate.

Businesses with a higher number of allowed claims and more significant insurable earnings have higher predictability. In this case, volatility is not as high, as each single claim likely will not have a considerable impact on your rate.

Starting January 1, 2020, the new premium rate-setting model will be replacing all existing experience rating programs. This means that in 2020, employers will receive their final NEER and CAD-7 statements — final adjustments under these programs will include an assessment of the 2019 year.

The new premium rate-setting model is a future-focused rate-setting approach compared to the traditional retrospective approach. See www.wsib.ca for more information, including instructional videos.

I t’s a simple, single measure. The WSIB’s health and safety index combines multiple performance

indicators of health and safety into a single, evidence-based measure. Knowing this raises awareness and helps system partners to focus their health and safety efforts and resources. People feeling empowered at work, and the lower number of severe injury claims, had the most significant positive impact on the index. The length of time it takes some people to get back to work and the total number of injuries had a negative impact on most industry scores.

Overall Measures

Source: https://www.wsib.ca

HOW SAFE ARE ONTARIO’S WORKPLACES, AND ARE THEY GETTING SAFER?

Overall the Health and Safety Index shows safer workplaces, some industries had negative declines.

Overall Score WSIB Comments

1.9%

This score indicates an overall improvement in the health and safety of Ontario's workplaces.

Prevention

5.7% An increase in inspections for workplace prevention activities led to a strong performance.

Workplace culture-0.5%

An improvement in awareness of legislation was not enough to overcome decreases in the other areas of workplace safety awareness and culture.

Injuries-2.8%

Despite improvements in severe injuries, it was not enough to overcome the negative injury metrics.

Empowerment15.2%

Empowerment continues to be a positive number and is a major driver of the index. Decreased employee involvement in workplace health and safety activities led to a smaller improvement compared to last year.

Enforcement-5.5%

Negative results in all three areas caused a negative score for reinforcements

2019 TOP 5 INDUSTRY SCORESHealth care and social services

4.4% Strength: Fewer injuriesFocus on: Prevention and involvement of employees in health and safety---------------------------------------------------

Construction 1.9% Strength: Prevention and workplace cultureFocus on: Reducing the number of injuries. --------------------------------------------------- Transportation and warehousing

-1.6% Strength: Culture and preventionFocus on: Reducing the number of severe injuries-------------------------------------------------- Manufacturing

-1.6% Strength: Empowerment and preventionFocus on: Reducing the number of severe injuries--------------------------------------------------- Retail trade

-1.9% Strength: PreventionFocus on: Reducing the number of severe injuries---------------------------------------------------->> Full Story at: https://www.wsib.ca/en/health-and-safety-index

On May 23, 2019, the Ontario Government announced its appointment of two special advisors, Linda Regner

Dykeman and Sean Speer, to review the operations of the Workplace Safety & Insurance Board (WSIB).

The Ontario Government is accepting submissions from the public as part of the review. Members of the public have until July 26, 2019 to make submissions to the review team.

The purpose of the WSIB review is to: gather new information for the Government about the WSIB's operations; and assess the WSIB's operations against other workers' compensation organizations and insurance industry best practices.

The review will focus on three key areas of the WSIB's operations:

• Financial oversight• Administration• Efficiency,

The mandate of the WSIB review expressly excludes matters of claims adjudication and benefit levels as well as any examination of individual claims.

The WSIB review complements a broader review of all provincial agencies by a Government task force. The WSIB review is underway. It is expected to conclude at the end of 2019 with a report to the Minster of Labour. >> Full Story at: http://www.mondaq.com/canada/x/814940/Health+Safety/Ontario+Appoints+Special+Advisors+to+Review+Workplace+Safety+Insurance+Board

Source: https://www.wcb.mb.ca

ONTARIO APPOINTS SPECIAL ADVISORS TO REVIEW WORKPLACE SAFETY & INSURANCE BOARD

WSIB has appointed two special advisors to gather information on industry best practices.

The provincial office tasked with preventing occupational injury, illness and death in

Ontario will see $16 million in cuts this year. The body is not taxpayer funded and does not impact the government’s bottom line.

The Ministry of Labour’s prevention office budget will drop from more than $119 million in 2018 to $103 million. The resulting cutbacks followed a sustainability review from the Ford government of valuable programs and services.

The bulk of the cuts will impact research projects on issues like occupational disease and the province’s independent health and safety associations, which provide ministry-approved training and support to workplaces across Ontario.

Critics say the cuts make “no sense” because the prevention office’s costs are fully reimbursed by the provincial workers’ compensation board and are not borne by the general public.

>> Full Story at: https://www.thestar.com/news/canada/2019/05/10/16m-in-cuts-to-office-aimed-at-preventing-workplace-death-make-no-sense-advocates-say.html

Source: www.thestar.com

CUTTING $16 MILLION FROM ONTARIO OFFICE THAT PREVENTS WORKPLACE DEATHS MAKES ‘NO SENSE,’ ADVOCATES SAY

Cuts to the provincial office tasked with preventing occupational injury, illness, and death causes controversary.

QUEBEC


Commission des normes, de l’équité, de la santé et de la sécurité du travail.

Bureau 200 1055, boulevard des Forges, Trois-Rivières, QU, G8Z 4J9

Tel: 866-302-2778Web: www.cnesst.gouv.qc.ca

La Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) et la

Commission des droits de la personne et des droits de la jeunesse (CDPDJ) ont conclu une entente de collaboration concernant leurs interventions en matière de discrimination et de harcèlement en emploi. Cette entente découle des modifications apportées à la Loi sur les normes du travail le 12 juin 2018.

L’entente établit les modalités de collaboration entre la CNESST et la CDPDJ. Elle vise à ce que la personne qui allègue subir du harcèlement au travail soit pleinement informée des recours qu’elle peut exercer auprès de ces deux organismes. De plus, lorsqu’une enquête de la CNESST révèle la présence de harcèlement psychologique comportant une conduite à caractère discriminatoire, la CNESST transmettra la plainte reçue à la CDPDJ si la personne plaignante y consent.

La CNESST, votre porte d’entrée en matière de travailLa CNESST offre aux employeurs et aux travailleurs une porte d'entrée unique et une expertise intégrée en matière de normes du travail, d'équité salariale et de santé et de sécurité du travail. Elle fait la promotion des droits et obligations en ces matières et en assure le respect.La Commission des droits de la personne et des droits de la jeunesse

La CDPDJ assure le respect et la promotion des principes énoncés dans la Charte des droits et libertés de la personne du Québec. Elle assure aussi la protection de l’intérêt de l’enfant, ainsi que le respect et la promotion des droits qui lui sont reconnus par la Loi sur la protection de la jeunesse. Elle veille également à l’application de la Loi sur l’accès à l’égalité en emploi dans des organismes publics

>> https://www.cnesst.gouv.qc.ca/salle-de-presse/communiques/Pages/20-juin-2019-quebec.aspx

Source: www.cnesst.gouv.qc.ca

ENTENTE DE COLLABORATION ENTRE

LA CNESST ET LA CDPDJ

POUR DES INTERVENTIONS BONIFIÉES

EN MATIÈRE DE DISCRIMINATION ET DE

HARCÈLEMENT Ils ont conclu une entente de collaboration concernant leurs interventions en matière de discrimination et de harcèlement en emploi.

La CNESST rend aujourd’hui publiques les conclusions de son enquête sur l’accident du

travail ayant coûté la vie, le 13 avril 2018, à M. André Plante, un cariste de la compagnie Beaulieu Canada située à Acton Vale.

L’enquête a permis à la CNESST de retenir trois causes pour expliquer l’accident :

• Le départ de la semi-remorque, alors que le cariste procédait au chargement, a entraîné la chute du chariot élévateur dans l’espace créé entre la semi-remorque et le quai de transbordement.

• Le cariste, au sol, a été écrasé lors de la chute de la charge transportée par le chariot élévateur.

• La gestion des activités de transbordement était déficiente étant donné qu’elle n’empêchait pas le départ inopiné des semi-remorques.

La CNESST considère que la compagnie Beaulieu Canada a agi de manière à compromettre la santé et la sécurité des travailleurs. En conséquence, un constat d’infraction lui a été donné. Pour ce type d’infraction, le montant de l’amende varie de 16. >> Full Story at: https://www.cnesst.gouv.qc.ca/salle-de-presse/communiques/Pages/19-juin-2019-st-hyacinthe.aspx

Source: www.cnesst.gouv.qc.ca

UN CARISTE ÉCRASÉ MORTELLEMENT : LA CNESST DÉVOILE LES CONCLUSIONS DE SON ENQUÊTE

La CNESST rend aujourd’hui publiques les conclusions de son enquête sur l’accident du travail.

NEW BRUNSWICK


WorkSafeNB 1 Portland Street. P.O. Box 160.,

Saint John, NB, E2L 3X9 Tel: 506-632-2200

Web: www.worksafenb.ca

R epetitive strain injuries (RSIs) and musculoskeletal injuries (MSIs) are among the most common types of

worker injuries. A combination of risk factors, such as forceful exertion, awkward postures, static postures, and repetitive movements, can cause the injuries. An MSI is an injury or disorder of the muscles, tendons, ligaments, joints, nerves, blood vessels or related soft tissue. Symptoms begin with mild discomfort. At a later stage, however, pain may be present all the time, and the MSI may not be completely reversible to reach full recovery. How to prevent MSIs? Ergonomically correct workstations and tools benefit all workers. There is something simpler, and cheaper, that workers can do at work and at home to prevent repetitive strain injuries. Move and Move OftenMoving and changing positions is the best way to avoid repetitive strain injuries By frequently changing positions, you increase blood flow and prevent stiffness and, in turn, reduce your risk of suffering from an RSI. Workers should use stretches, warm-up exercises, and regular checks for body discomfort.

If you work at a desk, there are applications like RSIGuard or WorkWave that can help remind you to move and stretch. You can also adjust your mouse settings and use keyboard shortcuts. Other things you can do to prevent MSIs and RSIs: • Be physically active; exercise strengthens the body helping to prevent injuries. • Set up your workstation to be ergonomically designed and keep items on your desk within easy reach. • Practise safe lifting techniques and avoid lifting items from below knee height or above the shoulders • Start your day with a warm-up and stretch routine. >> Full Story at: https://www.worksafenb.ca/about-us/news-and-events/news/2019/why-the-best-posture-is-your-next-posture/

Source: https://www.worksafenb.ca

MOVE AND MOVE OFTEN TO PREVENT REPETITIVE STRAIN INJURIES

Repetitive Strain Injuries are a leading cause of workplace injuries. Moving and changing positions is the best way to avoid injuries related to repetitive strain.

For over 25 years, an employee in New Brunswick who suffered a work-related injury was not eligible for

compensation for the first three days of the claim.

New legislation repeals that provision in stages. The initial elimination of one unpaid day became effective July 1, 2019. The complete elimination of the unpaid waiting period is expected by July 1, 2021.

The legislative changes will have an immediate impact on the rates that employers pay. The board reduced the 2019 average assessment rate from $2.92 per $100 of payroll to $2.65. In July 2018, a Ministerial Task Force, comprised of equal representation of both workers and employers released a total of 28 recommendations. WorkSafeNB will return to government in early 2019 with a proposal to implement the remaining Task Force recommendations. >> Full Story at: https://www.worksafenb.ca/about-us/news-and-events/news/2018/new-legislation-leads-to-the-elimination-of-the-unpaid-3-day-waiting-period-and-a-reduction-in-the-2019-assessment-rate/


NEW LEGISLATION LEADS TO THE END OF THE UNPAID 3-DAY WAITING PERIOD

Unpaid first three days to be eliminated by 2021

On April 1, 2019, legislation to protect workers from violence and harassment took effect in the Province

of New Brunswick. The legislation recognises that all workers deserve a workplace free of unacceptable behaviours such as harassment and violence. The changes define harassment and violence as workplace hazards that affect health and safety. These include sexual violence and harassment, domestic violence, and also includes intimate partner violence. The New Brunswick Nurses’ Union (NBNU) played a significant role in backing this legislation. The recent case of a Moncton nurse who suffered a concussion, broken nose, and two black eyes after being assaulted by a patient’s husband shows the need for change. The amended legislation requires all employers to develop and put in place a written code of practice to prevent workplace harassment. All employers must also conduct a risk assessment to analyze the likelihood of violence in their workplace. Several factors then determine whether an employer must also develop and implement a written code of practice to prevent violence. Resources for employers, including FAQs and templates for codes of practice and risk assessments, are available on WorkSafeNB’s website. You can also find topics on violence and harassment on WorkSafeNB’s NB OHS Guide to legislation, available online, or as an app.

>> Full Story at: https://www.worksafenb.ca/about-us/news-and-events/news/2019/legislation-protecting-workers-from-harassment-and-violence-effectivebrapril-1/


NEW LEGISLATION PROTECTS WORKERS FROM HARASSMENT AND VIOLENCE

New legislation to protect workers from workplace harassment, violence, and unacceptable behaviours.

The new Progressive Conservative government of New Brunswick has introduced legislative

amendments. The aim is to reduce the assessment rates that employers pay for workers’ compensation while also strengthening their ability to ensure workplace safety.

The proposed amendments will address recommendations from the Task Force on WorkSafeNB. This was a key request from Restaurants Canada during the 2018 provincial election campaign.

For many years, WorkSafeNB was one of the best run workers’ compensation systems in Canada. Legislative changes made in 2015 have caused costs to soar. This resulted in higher assessment rates that depleted the accident fund surplus.

The amendments will:

• Allow for greater flexibility in the delivery of workplace safety training.

• Reduce workers’ compensation system costs • Improve governance >> Full Story at: https://www.restaurantscanada.org/industry-news/new-brunswick-takes-more-action-to-improve-workers-compensation-system/

Source:www.restaurantscanada.org

NEW BRUNSWICK TAKES MORE ACTION TO IMPROVE WORKERS’ COMPENSATION SYSTEM

WCB modernises with new software system formanaging claims and assessments.

NOVA SCOTIA



Board of Nova Scotia 1 Portland Street. P.O. Box 160.,

P.O. Box 1150, Halifax, NS, B3J 2Y2 Tel: 902-491-8999

Web: www.wcb.ns.ca

Source: https://www.wcb.ns.ca

WCB NOVA SCOTIA TO MODERNIZE SYSTEMS AND PROCESSES FOLLOWING AUDITOR GENERAL'S REPORT

New software and 12 recommendations from the Auditor General's office will modernize the board's processes.

WCB Nova Scotia (WCB) has accepted all recommendations from both phases of an audit

into WCB governance and operations. The Office of the Auditor General (OAG) conducted the Audit.

The WCB has seen the need for improvements for some time, and a large-scale modernization project was part of the most recent Strategic Plan.

The project is an essential step in improving services for workers and employers. A significant improvement includes upgrading the 25-year-old claims and assessments systems to a new software system: Guidewire (see top right).. In the first phase, the OAG found that the WCB had effective governance structures and processes. These provide proper oversight and accountability. The OAG also noted the significant progress toward financial sustainability. The OAG then released a report on the second phase of the audit, focused on claims management. Overall, they noted, the WCB is effectively managing claims for

workplace injury and return to work. However, they made 12 valuable recommendations for improvement.

The WCB accepted all recommendations with a commitment to establishing and implementing them as soon as possible. The Board of Directors will oversee that implementation. WCB Nova Scotia CEO Stuart MacLean says that implementation will begin immediately. MacLean added that the OAG report and recommendations come at an excellent time when the WCB can integrate and use them in the new systems. The WCB will report to stakeholders as implementation progresses, primarily through its quarterly and annual reports to Government.

>> Full Story at: https://www.wcb.ns.ca/About-Us/News-Room/News/WCB-Nova-Scotia-responds-to-Nova-Scotia-Auditor-Generals-report-accepts-all-recommendations.aspx

In June 2019, WCB Nova Scotia launched its new core operating system: Guidewire. This launch

marks a significant milestone in its modernization and business plan. Guidewire moves the WCB away from paper-based processes to improve services for the worker, employers, service providers, and other stakeholders. The improved systems and processes will better serve an evolving population and a changing workforce. The WCB also hopes the changes will reduce the impact of workplace injury. To learn more about these changes and their impacts on workers, employers, and service providers see the WCB website. >> Full Story at: https://www.wcb.ns.ca/Admin/WCB-successfully-launches-new-claims-and-assessment-system.aspx

Source: https://www.wcb.ns.ca

WCB LAUNCHES NEW CLAIMS AND ASSESSMENT SYSTEM

WCB modernises with new software system formanaging claims and assessments.


FEDERAL GOVERNMENT SAYS NO EXTENDED BENEFITS FOR CAPE BRETON MINERS

No Extension of Workers' Compensation Benefits beyond age 65 for Cape Breton Miners.

T he federal government has said no to retired and injured Cape Breton coal miners who were asking

to have workers' compensation benefits extended past age 65.

The miners were federal employees with the former Cape Breton Development Corporation (Devco). They had that protection until it was taken away in 1990, and they say they should get that back.

About 120 former miners say they need injury compensation because their injuries prevented them from building up reasonable retirement incomes. They also say a federal bureaucrat suggested the money could be available, if the province amended its Workers' Compensation Act.

Nova Scotia's Labour Minister, Labi Kousoulis, said the province cannot extend benefits to one group without extending them to all. But he said the province could do it for the miners, if the federal government guarantees the money first.

In an email this week, the federal government said it has no plans to do so. Helena Sergakis, senior communications adviser for Public Services and Procurement Canada, said any suggestion that the money is available is incorrect.

Sergakis said eligibility for benefits is determined by collective agreements established when Devco shut down, arbitrator decisions since then, and by provincial workers' compensation legislation.

>> Full Story at: https://www.cbc.ca/news/canada/nova-scotia/federal-government-rejects-devco-coal-miners-benefits-1.5156444

The province's auditor general says decisions on worker claims by the Workers' Compensation

Board often take too long and include inappropriate release of private information despite adhering to policy.

Michael Pickup's office released its second of a two-part look at the board.

The work examined files from Jan 1, 2016 to Dec. 31, 2017. Issues with timelines were a recurring theme in the report. Several appeals tested by Pickup's office were not processed within the 90-day target.

In fact, for the 20 files tested, it took an average of 50 days just to assign them. In 20 claims awarded permanent impairment benefits, Pickup's team found nine weren't issued in a timely manner. Delays on assessment were anywhere from two months to a year.

Pickup also raised concerns about workers' personal medical information being inappropriately released to employers. This happened in nine of 20 files.

The information included medications a worker was taking and information about current and past illnesses and injuries. In six of those nine files, sensitive information was redacted in some places, but not in all.

The report makes 12 recommendations. The board accepted all 12 recommendations made by the report. The Board say that improved systems and processes will better serve an evolving population and a changing workforce. The WCB also hopes the changes will reduce the impact of workplace injury. >> Full Story at: https://www.cbc.ca/news/canada/nova-scotia/workers-compensation-board-auditor-general-michael-pickup-1.5152365


AG SAYS WORKERS' COMPENSATION BOARD TAKING TOO LONG TO HANDLE FILES

Auditor General Report highlights concerns and makes 12 recommendations to improve services.

Source:https://www.cbc.ca

WHY OPIOID CRISIS MAY BE CONTRIBUTING TO MORE INJURIES FOR LONG-TERM CARE WORKERS

Risk to Health Care Staff from younger, stronger patients with brain injuries from Opiod abuse.

Health care staff face injuries from younger, stronger and more aggressive patients living in long-term

care and residential care facilities across the province.

Part of the problem, according to the Nova Scotia Nurses' Union, is the opioid epidemic, which has led to a rise in overdoses that cause brain injuries.

Those injuries can damage a person's cognitive ability and make it so they can no longer take care of themselves, forcing them into an institution.

Due to the shortage of beds in the province, some of these younger people are being placed in long-term care facilities and into adult residential care for people with mental or physical disabilities.

Many of those residents lack the ability to control their emotions and can lash out. But they have the strength to do serious damage in comparison to elderly residents in long-term care.

The Canadian Union of Public Employees (CUPE) represents about 12,000 workers in the health-care system. Many are continuing care assistants and licensed practical nurses who work in long-term care or residential-care facilities.

Both unions say the provincial government needs to free up money to allow facilities to hire more workers to help manage more aggressive patients.

CUPE members receive about 12-24 serious injuries,

like broken bones, in encounters with younger people in care each year. The nurses' union doesn't know how often its members are seriously injured.

The Workers' Compensation Board of Nova Scotia tracks the number of injuries in workplaces, and even tracks injuries caused by violence. However, the board does not record the age of people who caused the injuries.

From 2015-18, there was an average of 46 time-loss claims due to violence in nursing homes. Special care homes, like residential care facilities, had an average of 31 time-loss claims for the same period, according to the WCB.

Still both unions say the injuries caused by violence are on the rise.

Part of the reason the numbers don't reflect this, they believe, is because many health-care workers only report an injury if it causes them to miss work, even though the injury might still be significant.The nurses' union is trying to change that and encourages all health-care workers to report any injuries.

In the meantime, the province isn't putting up any more money for new staff.

>> Full Story at: https://www.cbc.ca/news/canada/nova-scotia/injuries-health-care-workers-long-term-care-1.5188909

PRINCE EDWARD ISLAND



Board of PEI PO Box 757, Charlottetown, PE, C1A 7L7

Tel: 902-368-5680Web: www.wcb.pe.ca

According to a 2017 study by the Globe and Mail, fishing has the single highest fatality

rate of any sector in the country. Over the past few years, there have been several fatalities in the fishing industry on Prince Edward Island. During fishing season, safety officials want to ensure that Island fishers are working safely. The initiative involves education and compliance initiative. Occupational Health and Safety Officials also planned to visit wharves to ensure that fishers were wearing their Personal Flotation Devices (PFDs). Under the Occupational Health and Safety (OHS) Act, a fishing vessel is considered a workplace. Regulations in the Act address worker and employer responsibilities where there is a risk of drowning. For more information about the OHS Act and Regulations, contact the WCB Occupational Health and Safety Division at 902-368-5680 or 1-800-237-5049, or visit the WCB website at www.wcb.pe.ca >> Full Story at: http://www.wcb.pe.ca/Information/NewsItem/464

Source: http://www.wcb.pe.ca

KEEPING FISHERS SAFE

The fishing industry has the highest fatality rate in the country. Safety inspections throughout season.

Malpeque lobster boat captain Chris Wall says he has no plans to follow an order to start wearing a

personal flotation device (PFD). Wall received the order a week ago by an occupational health and safety officer with the Workers Compensation Board of P.E.I.

Board officers started visiting Island wharves in mid-June to ensure PFDs are being worn by all fishermen and their crews on the water.

Until this fishing season, the board said it focused on educating fishermen about the value of PFDs and the fact they are required to wear them under P.E.I.'s Occupational Health and Safety Act.

Earlier this month, the board's director Danny Miller warned that officers planned to start enforcing the rule. P.E.I.'s Occupational Health and Safety Act Fall Protection Regulations state that where "there is a risk of drowning … the employer shall provide to the worker a personal floatation device" and that "the worker shall wear the personal floatation device while the worker is in the work area."

Wall points out that the only part of the regulations quoted on his non-compliance order is the first part — pointing to the requirement to "provide" his crew members with PFDs. He says that while he does have life jackets on board, he and his crew members have no intention to wear them.

PC MLA Sidney MacEwen, who fishes lobster, questioned in the legislature whether officers should be enforcing the PFD rule, given the lack of clarity around it.

It is not clear whether Wall, or any Island fishermen, will receive a fine or stop-work order.

Wall added that fishermen don't pay into workers compensation. Thus, he doesn't think provincial occupational safety rules apply to them.

The boards plans to continue working with the few vessels that have outstanding non-compliance orders >> Full Story at: https://www.cbc.ca/news/canada/prince-edward-island/pfd-order-dispute-fishermen-pei-1.5191024


MALPEQUE LOBSTER BOAT CAPTAIN REFUSING TO OBEY ORDER TO WEAR PFD

Fishermen don't pay into workers compensation. Wall doesn't think provincial occupational safety rules apply to them.

NEWFOUNDLAND AND LABRADOR


Workplace Health, Safety & Compensation

Commission 146-148 Forest Road. P.O. Box 9000, St.

John’s, NL, A1A 3B8 Tel: 709-778-1000

Web: www.whscc.nl.ca

In 2019, WorkplaceNL is looking at ways to modernize service delivery. For example, online

services for all employers will be mandatory by the end of the year. The board says that 96 per cent of employers are already filing their annual employer statements via their connect online service.

WorkplaceNL will also continue to develop innovative solutions to help prevent workplace injury. This plan follows a healthy 2018, where WorkplaceNL met all its performance objectives. These included many areas of focus: financial sustainability, prevention of injuries through collaboration and innovation, recovery at work, and client service.

WorkplaceNL’s injury fund also remains fully-funded for the fifth consecutive year. The funds cover current and expected future costs of workplace injury claims currently in the system. This injury fund surplus allowed WorkplaceNL to reward employers with a temporary 2019 discount on assessment rates. The lost-time incidence rate due to workplace injury or illness in Newfoundland and Labrador in 2018 remains at around 1.6 per 100 workers. This rate has remained stable for the past five years, reflecting a positive attitude to workplace safety across the province. >> Full Story at: https://workplacenl.ca/article/workplacenl-meets-its-2018-strategic-objectives/

Source: www.workplacenl.ca

WORKPLACENL MEETS 2018 STRATEGIC OBJECTIVES, MODERNIZES IN 2019

Workplace NL to get 100% of employers online by end of 2019, modernize other services

As of July 1, 2019, all workers in Newfoundland and Labrador covered by the workplace injury

system will be eligible for presumptive coverage for post-traumatic stress disorder (PTSD) for injuries occurring on or after this date.

The legislation proclaimed in December 2018, presumes workers to have developed their diagnosed PTSD as a result of a traumatic event or multiple events at work. The diagnosis must be made by a psychiatrist or registered psychologist using the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders.

This change brings Newfoundland and Labrador in line with the important movement taking place

across the country to update workers’ compensation legislation to recognize work-related mental health injuries.

“This progressive legislation will help injured workers receive the assistance they need earlier, leading to better outcomes in improving the worker’s overall health and well-being,” said Honourable Sherry Gambin-Walsh, the Minister Responsible for WorkplaceNL >> Full Story at: https://workplacenl.ca/article/ptsd-presumptive-coverage-available-july-1/

Source: workplacenl.ca

PTSD PRESUMPTIVE COVERAGE AVAILABLE JULY 1

Presumptive coverage for PTSD will be covered by the workplace injury system from July 1st.

NORTHWEST TERRITORIES & NUNAVUTWORKERS’ COMPENSATION BOARD

Workplace Safety & Compensation

Commission 5022 49th Street, 5th Floor, Centre

Square Tower, Box 8888, Yellowknife, NT, X1A 2R3

OR Baron Building/1091 Box 669, Iqaluit, NU, X0A 0H0

Tel: (867) 920-3801 / Nunavut: (867) 920-3888

Web: www.whscc.nl.ca


The rate of deaths in the workplace in the Northwest Territories and Nunavut over the past

five years is the highest in the country, according to a new study from the University of Regina.

The report focused on workplace fatality and injury rates throughout Canada.

It shows that the two territories have a combined five-year average injury-related fatality rate of 7.7 per 100,000 people.

There are limitations in interpreting the data because of the small sample size. The working population of the two territories combined is 40,000 people.

According to data from the Association of Workers Compensation Boards of Canada, 22 people died on the job between 2012-2017. There were six workplace deaths in 2018 between the two territories.

The two territories share a common workers' safety and compensation commission that compiles the data.

Yukon has the second-highest rate in Canada, at 6.4 per 100,000 and Saskatchewan is third, with 4.9 per 100,000 people.

What's striking to the researchers is the numbers appear to be consistent. Three to five people die a year, and that is considerable for a small jurisdiction.

There are also peak years where the deaths are about double to triple the average.The highest number of injury fatalities at the workplace was in 2011, when there were 18 workplace deaths. That was the year of the First Air plane crash in Resolute, Nunavut, which killed 12 passengers and crew. There were two other plane crashes that followed that crash within weeks of each other.

The Nunavut and N.W.T. Workers' Safety and Compensation Commission (WSCC) note that Nunavut and the Northwest Territories are unique because harvesters, hunters and trappers make up a significant part of the working population.

The WSCC maintains that all incidents raise concerns. Their representative could not disclose the exact number of ongoing investigation. They did state that the WSCC is promoting a "culture of safety" among employees and employers to reduce the numbers to work-related deaths to zero.

>> Full Story at https://www.cbc.ca/news/canada/north/nwt-nunavut-high-workplace-injury-fatality-rate-1.5120895

Source: www.cbc.ca

NORTH WEST TERRITORIES AND NUNAVUT HAVE HIGHEST 5-YEAR-AVERAGE INJURY FATALITY RATE IN CANADA

NWT and Nunavat have the highest workplace fatality rates in the whole of Canada

YUKON


Workers’ Compensation Health & Safety

Board 401 Strickland St, Whitehorse, YT, Y1A

5N8 Tel: 800-661-0443

Web: www.wcb.yk.ca


A t its annual information meeting, the Yukon Workers’ Compensation Health and Safety

Board (YWCHSB) discussed its 2018 annual report and highlighted its work to modernize the Workers’ Compensation Act and the Occupational Health and Safety Act.

The 2018 annual report, available at wcb.yk.ca/annualreport, highlights YWCHSB’s success in bringing the Compensation Fund—which provides compensation to injured workers—to very near its target range of 121 to 129 per cent.

Thanks to the organization’s hard work and prudent financial management, at the end of 2018 the Compensation Fund sat at 132 per cent. See ‘Quick Facts’ on the following page for more information about the Compensation Fund and the 2018 annual report.

“The Yukon Workers’ Compensation Health and Safety Board is financially healthy, operating efficiently and well-prepared for the future. We are proud of the hard work we have undertaken to bring the Compensation Fund to very near its target range.

It is a significant accomplishment and means we are

prepared to support the community’s needs now and well into the future.” said Board of Directors Chair, Mark Pike

The Occupational Health and Safety Actand the Workers’ Compensation Actrequire considerable modernization to align with twenty-first century workplaces. Earlier this year Minister Jeanie Dendys formally requested a full review of both acts. YWCHSB has also been asked to update theOccupational Health and Safety Regulations.

This may include a proposed new regulation to prevent violence and harassment in the workplace and proposed changes to the existing regulations about hazard assessment so they are easier to understand.

“2018 marked the first year of a new century for Yukon’s workers’ compensation system. As we step into this century, change is inevitable. We are ready to continue working to serve employers, educate the public, collaborate with our stakeholders and care for injured workers.” said President/CEO, Kurt Dieckmann >> Full Story at https://wcb.yk.ca/PG-0042/News-Releases/NEWS-0081.aspx

Source: wcb.yk.ca

YUKON WORKERS’ COMPENSATION HEALTH AND SAFETY BOARD PREPARED FOR THE FUTURE

Yukon releases their 2018 Annual report. Financially healthy and focused on the future

About Organizational Solutions Inc. - Putting your Workers’ Compensation Claims Management in Safe Hands

Organizational Solutions Inc. (OSI) is a top Canadian provider of Disability Management, Workers Compensation Claims Management, Return to Work Programs and more. We live and breathe our mission of: “the RIGHT care, at the RIGHT time, for the RIGHT outcome©.”

Our clients say the greatest benefits they experience from having OSI on their side are a more productive, capable workforce; lowered lost time and durations of time away from work caused by occupational sickness or injury; and safer work environments.

Highly experienced healthcare professionals and specialists manage even the most complex cases and we are experts in our field, including in mental health issues.

Our most experienced members of staff are your employee’s first point of contact. These highly trained professionals have exceptional communication skills, are ability focused and have a passion to get the best result. We get your employees quickly and safely back to working a productive role.

The proven success of our unique methods has seen OSI grow from an entrepreneurial start-up company into a top Canadian national provider of Disability Management and Workers’ Compensation Claims Management.

Today we have companies of all sizes, from small businesses to large multinationals, benefiting from our expertise and we provide the highest level of professional knowledge and service to every single valued client.

Having OSI as a provider, at a price your business can afford, means access to a team who take pride in best practices and work to consistently get the right outcome for every claim.

What our clients say about us:

“OSI exceeded our expectations in cost reduction of claims and, with their speedy response to our needs, have been an asset to our front-line managers and our employees. They ensure appropriate care and a quick road to recovery” – OSI Client.

Our team also provide employers with many value added or one-off services to improve workplaces and enhance employee productivity. These include services such as: Short Term Disability Management, Ergonomic Assessments, Physical and Cognitive Demands Analyses, Attendance Management, Audits and Assessments, Independent Medical Evaluations, Long Term Disability Management and more.

“We use Organizational Solutions as our third-party outsourced solution for Workers’ Compensation Claims across Canada. Our customer service experience has been very positive. The staff at OSI is knowledgeable and responsive, they work extremely well with our management and with union representatives.” – OSI Client Testimonial

Our clients also tell us how amazed they are at the huge reduction in their costs associated with disability and the claim management of workers’ compensation. We frequently turn Workers’ Compensation Board surcharges into rebates.

A committed team, the value of the relationship they place on every partnership and the overall return on investment in our services is the reason why we grow, and the reason why our clients stay.

For more information visit our website or call or email our sales team to find out more information on any of our services.

T:1-866-674-7656 | E: [email protected].

You can also get more information by visiting our website:

www.orgsoln.com We hope you find our incentive guide useful and we look forward to speaking to you soon.

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