On July 3, 1997, the BC Federation of Labour made a submission to the Royal Commission, outlining the views of our members regarding the need for new health and safety legislation, and changes to Workers' Compensation benefits for the survivors of workers killed by occupational accidents and diseases. The following summary outlines the main proposals made by the Federation. If you are interested in obtaining a full copy of the submission, please contact the Federation Office.

EXECUTIVE SUMMARY

British Columbia Federation of Labour
Submission to the

Royal Commission On Workers’ Compensation in British Columbia

British Columbia’s public policies regarding occupational health and safety, and survivor’s benefits are outdated, and need to be renewed, based on current knowledge and societal views.

The British Columbia Federation of Labour submission to the Royal Commission recommends two key priorities for the Royal Commission:

• amending the Workers' Compensation Act to bring its health and safety legislation in line with current knowledge and thinking about the responsibility and accountability of workers, employers, and the Workers' Compensation Board for workplace prevention efforts; and
• updating of the Act’s provisions relating to compensation to the surviving families in workplace fatality cases, to provide for their economic losses in a way that reflects the structure and economic responsibilities of modern families.

The Federation’s submission outlines legislative steps necessary to achieve these goals. The Federation’s proposals are based on twenty years of consultation with individual workers, unions, other worker health organizations, academics, and staff of the Workers’ Compensation Board.

Occupational Health and Safety Legislation For The 21st Century

a) The Federation’s key recommendations for amending the Act to express the responsibility and accountability of the Workers’ Compensation Board include:

• defining occupational health and establishing the WCB mandate to protect the health of workers, with recognition that it is impossible to completely eliminate all risks;
• requiring the Board to make regulations for the protection of worker health;
• ensuring protections and prevention efforts are equitable, and no group of workers is neglected;
• ensuring accountability in workplace enforcement; and
• requiring the Board make annual reports on worker health status and BC’s prevention efforts.

b) The Federation’s key recommendations for amending the Act to ensure health and safety regulations are kept up to date with the rapid changes in technology, work practices and scientific knowledge occurring today include:

• obligating the Board to engage in a continuous improvement process, that responds to these changes and the experience of BC workplaces in a timely way; and
• establishing a standing advisory committee of workers, employers and the Board to make recommendations for regulation changes.

c) The Federation’s key recommendations for dealing with the numerous public bodies responsible for worker health and safety include:

• transferring responsibility for the health and safety of rail and mine workers to the WCB; and
• transferring responsibility for monitoring and regulating radiation hazards, unsafe working hours and industrial camps to the WCB.

d) The Federation’s key recommendations for protecting young workers include:

• recognizing a special duty of care on employers for young workers; and
• requiring a safety orientation before new workers begin their duties.

e) The Federation’s key recommendations for the issue of individual responsibility of workers, employers and suppliers include specifying respective responsibilities in the legislation.

f) The Federation’s key recommendations regarding the right of workers to know about the risks they face and how to work safely, include:

• requiring training for all workers in the recognition of hazards, health problems that may result, and safe work procedures; and
• certification of safety skills in high-risk occupations.

g) The Federation’s key recommendations regarding the right of workers to act to protect their own health and safety include:

• recognizing the right of a worker to refuse to perform unsafe work until conditions have been corrected;
• permitting trained health and safety committee members to intervene in unsafe work situations; and
• ensuring effective protection of workers from employer recriminations for voicing or acting on legitimate health and safety concerns.

h) The Federation’s key recommendations regarding the right of workers to participate in workplace prevention programs include:

• providing for trained workplace health and safety committees in BC workplaces with more than 10 employees, and a trained worker health and safety representative in smaller workplaces;
• involving worker health and safety representatives in prevention planning and monitoring activities; and
• requiring employers to respond in a timely fashion to worker concerns and proposals.

i) The Federation’s key recommendations regarding medical programs to protect worker health include:

• protection of the confidentiality of worker health information;
• making medical testing voluntary to bring BC legislation into line with Charter of Rights and Freedoms;
• ensuring workers removed from a workplace hazard exposure because of damage to their health are accommodated in other jobs or receive wage protection; and
• ensuring workers that are pregnant or nursing children are accommodated in other jobs or receive wage protection when their reproductive health is threatened by a work hazard.

j) The Federation’s key recommendations regarding improvements to British Columbia’s workplace health and safety infrastructure include:

• creation of publicly funded, community based occupational health clinics to provide specialized occupational health services to workers; and
• establishment of an occupational health and safety prevention education institute to advance prevention training and understanding of occupational health and safety issues in British Columbia.

k) The Federation’s key recommendations regarding incentives and sanctions for prevention include:

• establishing an assessment rating system based on prevention performance and the health outcomes for workers, rather than insurance claims costs;
• ensuring financial penalties for health and safety infractions are set at appropriate levels and in appropriate circumstances;
• outlining the circumstances in which court prosecutions will take place; and
• ensuring the Board has the means for bringing out of Province employers to account by enforcement of subpoenas.

l) In regard to the investigation of work-related fatalities, the Federation submission recommends that Coroner Inquests be undertaken at the request of a surviving family or union representing the workers at the workplace where the fatality occurred.

Compensation In Fatal Cases

The key recommendations of the Federation regarding changes in benefits for surviving families of workers who have died from work-related causes include:

• fixing funeral and related expenses at 15% of the maximum wage rate;
• simplifying the benefit structure;
• eliminating the benefit structure for surviving spouses that discriminates on the basis of age;
• giving broader consideration to persons who had a reasonable expectation of future pecuniary benefit from a deceased worker;
• giving greater discretion to the Board to assist the family financially at the time of the worker’s death;
• raising the age of dependency to 19 years of age, and 25 if attending an education or training program;
• eliminating of the deduction of federal benefit payments to survivors;
• bringing recognition of common law relationships into accord with current law and social thinking;
• bringing benefit provisions relating to separated and divorced families into accord with current law and social thinking; and
• providing rehabilitation assistance to surviving families.

In answer to your request for input into how we as citizens, and interested parties envision the process of the Royal Commission to ensure that parties will be heard, our organization would like to respond as follows with some suggestions.

Accessibility is the key question and we see that this has three important ingredients that will ensure that all people have access to your commission in order to effectively allow you to complete your mandate.

With the vast distances that are part of the terrain of our province and the population distribution it is important to note that an open mind be maintained as to the parameters you chose to dictate your travel to satellite hearings into WCB. All claimants have a right to "SAY" what they feel but may not have access to transportation.

We also have the problems of weather to contend with. The bulk of this start-up process will begin during the most challenging time of the year to get around our province.

Along with location, funding to coordinators should be made available to assist claimants during the hearings.

The people of this province also require as much advance notice as possible that a hearing will take place in their community.

These three very broad points have very different ways in which a solution may be found to solve any one of them.

Our group suggests that an OPEN MIND and a utilization of the resources already available in the province dictate how and when you handle the submission and hearing processes.

Various groups around the province have special experience in accessing those claimants who, by the nature of their disability or other factors, may not be able to travel at all. Their input is very important on this issue.

We also suggest that public notice that all media forms of submissions will be accepted. The use of home video, electronic mail and audio cassette could greatly assist those claimants wanting to be heard.

Assistance with photocopying and fax facilities as well as postage will allow these notices and submissions to have a greater chance of being effective.

Utilizing the 75 current MLA’s locations as a starting point and some budgeting from the Royal Commission made available in order that the constituency offices have those resources. Various groups and interested parties would have no problems in assisting the constituency offices with this task and would give those people a true feeling of participation in the process.

We also want to assist your team in getting the most from these participants. In our experience it is advantageous to have someone that people relate to and can understand the hurt that they sometimes feel.

Throughout the province various organizations that specialize in advocacy of injured workers would make themselves available to assist you in this manner. The costs of this assistance would be modest and the effectiveness of the participation would enhance the outcome of the Royal Commission.

These are just some of the ideas we feel will assist you in directing the Royal Commissions process towards an effective and successful conclusion, but we wish to reiterate that these are not the only mechanisms available. Please be flexible and allow for the surprises that will invariably arise when asking for input on a subject as important as this.

As your investigation goes forth, expand the area to which you can look for answers, we are sure that it will surprise you once you hear the stories of the actions that we know desperately needs to be investigated and brought to light during this Royal Commission.

On behalf of the Injured Workers Human Rights Group of British Columbia.