The B.C. government has introduced legislation to improve workplace health and safety as part of its commitment to implement key recommendations made by Gordon Macatee in his WorkSafeBC Review and Action Plan report released in July 2014.

The legislation amends the Workers Compensation Act to strengthen WorkSafeBC’s ability to promote and enforce occupational health and safety compliance in B.C. workplaces. 

These changes complement other operational improvements taking place at WorkSafeBC to implement a world-class inspection and investigation regime in the wake of the tragic sawmill incidents that occurred in 2012 in Burns Lake and Prince George.

The legislation has four specific objectives, including:

1. Providing a range of new safety enforcement tools.
2. Shortening the process for finalizing financial penalties to improve their effectiveness as an enforcement tool.
3. Ensuring timely employer investigations of workplace incidents and reports.
4. Enhancing workplace safety expertise on the WorkSafeBC board of directors.

Together, these amendments expand WorkSafeBC’s ability to encourage compliance with safety regulations, expedite investigation of workplace incidents, and to issue stop work orders where unsafe conditions present a risk to workers. The legislation will also permit WorkSafeBC to seek a court injunction to bar the worst employer offenders from continuing to operate in an industry when they ignore WorkSafeBC orders and continue to use unsafe practices.

On July 15, 2014, Shirley Bond, Minister of Jobs, Tourism and Skills Training and Minister Responsible for Labour, and the board of directors of WorkSafeBC, accepted all 43 recommendations in Macatee’s WorkSafeBC Review and Action Plan.

Of the 43 recommendations outlined in the plan, 12 required consideration of legislative changes in order to be fully implemented. Today’s legislative amendments will enable WorkSafeBC to finalize the implementation of these recommendations. 

Macatee has reviewed the legislation to ensure that it meets the intent of the Action Plan, and he will continue to oversee the implementation of his recommendations and report on progress on a monthly basis.

Quotes:

Shirley Bond, Minister of Jobs, Tourism and Skills Training and Minister Responsible for Labour -
“In the wake of the tragedies at Babine and Lakeland, government has moved decisively to learn from what happened and take the steps necessary to ensure they don't happen again. Today’s legislative changes deliver on our commitment to fully implement Macatee’s recommendations to protect worker safety and implement a world-class inspection and investigation regime at WorkSafeBC.”

Gordon Macatee, WorkSafeBC special advisor -
“I’ve been very clear that the recommendations made in the Action Plan are intended to enable WorkSafeBC to deal with health and safety risks in the workplace earlier and more firmly. I’m pleased these legislative changes have gone forward and I’m confident they will bring about key improvements to the health and safety of workers across the province.”

Learn More:

WorkSafeBC Review and Action Plan and status reports: http://www.worksafebc.com/publications/reports/ActionPlan/default.asp

Announcement of WorkSafeBC Review and Action Plan: http://www.newsroom.gov.bc.ca/2014/07/enhanced-worker-safety-goal-of-worksafebc-review-and-action-plan.html

Statement by Minister Shirley bond on the Criminal Justice Branch’s Lakeland decision (and appointment of Gordon Macatee): http://www.newsroom.gov.bc.ca/2014/04/statement-by-minister-shirley-bond-on-the-criminal-justice-branchs-lakeland-decision.html

Premier releases Babine explosion investigation fact patterns: http://www.newsroom.gov.bc.ca/2014/02/premier-releases-babine-explosion-investigation-fact-patterns.html

90-Day Action Plan joint statement: http://www.newsroom.gov.bc.ca/2014/03/joint-statement-on-sawmill-safety-and-sustained-compliance.html

WorkSafeBC combustible wood dust prevention resources: http://www2.worksafebc.com/Portals/WoodProducts/Prevention-Sawmills.asp?ReportID=37458&_Type=Sawmills&_Title=Combustible-wood-dust

Media Contacts:

Media Relations
Ministry of Jobs, Tourism and Skills Training and Responsible for Labour
250 387-2799

BACKGROUNDER

Summary of WorkSafeBC Review and Action Plan legislative changes

The legislation implements recommendations from Gordon Macatee’s report, WorkSafeBC Review and Action Plan, to improve enforcement of occupational health and safety by WorkSafeBC in workplaces in B.C. It complements other organizational, policy and operational changes taking place at WorkSafeBC to implement a world-class inspection and investigation regime and to further strengthen worker safety in British Columbia.

The legislation will result in significant policy changes in four areas.

1. Several new enforcement tools will be added so that WorkSafeBC can better achieve workplace safety compliance. The changes include a new compliance agreement for employers who voluntarily agree to improve the safety of their workplaces in response to an inspection by WorkSafeBC, as well as “on the spot” fines (“citations”), for less serious contraventions. The changes also include more forceful tools to deal with the egregious, wilful and repeat offenders such as enhancing WorkSafeBC’s ability to stop work at workplaces where unsafe conditions present a high risk to workers, as well as expanding the court’s authority to bar the worst offenders from operating in an industry.
2. Several changes are being made to shorten the process for issuing and reviewing employer penalties, so that they are more effective at promoting workplace safety. Related to the Macatee’s recommendations, WorkSafeBC engaged in a consultation with stakeholders in fall 2014 on introducing the ability to penalize workers who fail to wear personal protective equipment as required on the job. Based on the input received, government decided not to introduce such a model at this time.
3. The legislation will specify new timeframes for employers to conduct an investigation when there is a significant workplace safety incident. It will require employers to conduct a preliminary investigation within 48 hours of a significant incident, and to take necessary actions to prevent a similar incident from occurring while a full investigation is being conducted. The employer’s full investigation into the cause of the incident must be completed within 30 days, unless WorkSafeBC grants an extension for exceptional or complex cases. The timeframes will ensure that remedial action happens in a timely manner but that employers also have time to conduct an appropriate investigation.
4. Two new members will be added to the WorkSafeBC board of directors who have a background in occupational health and safety and in law or law enforcement. This will ensure that occupational health and safety expertise is in place at the highest level of decision making at WorkSafeBC.

Media Contacts:

Media Relations
Ministry of Jobs, Tourism and Skills Training and Responsible for Labour
250 387-2799