Course:SPPH381B/Essays/Modern occupational health policy - Alexandra

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Modern occupational health policy; prevention and compensation in BC

In Canada, modern day occupational health policy, prevention, and compensation are governed by provincial agencies, with WorkSafeBC overseeing the province of British Columbia. Their focus is on a no-fault insurance system and prevention through regulation and education.

History

While WorkSafeBC is currently well-established throughout BC, this was not the case 100 years ago, and as a result both employers and employees suffered. In the late 1800s and early 1900s, BC’s labour was centered around intensive and dangerous jobs like fishing, mining and forestry. There was also little legal protection for workers and their families from work-related accidents and illnesses, and compensation could only be acquired by legal action against the employer [1].

Only after 148 workers were killed in an explosion in 1887 at the No. 1 Esplanade Mine did people realize the dire need for legislation concerning worker’s rights and compensation (for both injured workers and their families). Following this, the Workmen's Compensation Act was passed in 1902, but was not practiced until 1917, with introduction of the Workmen's Compensation Board [2]. Once implemented, this protected both employers and employees by creating a no-fault system. Employees were offered compensation, workplace inspections, and medical assistance.

WorkSafeBC Today

Since the introduction of the Workmen's Compensation Act, now called the Worker’s Compensation Act (henceforth referred to as WCA), and the Workmen's Compensation Board, now called WorkSafeBC, there have been large advances in both the scale and quality of the agency. As the chief legal document concerning BC workplace safety, there have been countless bills and amendments added to the WCA, aimed at continuously improving worker health in BC. For example, in 2011 Bill 14 was added, which aimed to reduce workplace harassment (such as violence or bullying) and provide compensation from any mental illness resulting from such harassment[3].

Today, WorkSafeBC manages workplace health on an immense scale, partnering with healthcare providers and the Ministry of Jobs, Tourism and Skills Training, to assist over 2.2 million workers and 220,000 employees [4]. In order to cover expenses, BC’s WCA requires employers to pay premiums to healthcare providers, and in the event of an accident or injury, workers are compensated (provided the claims are accepted). While employers may be exposed to accident investigations, they also benefit from this system because they suffer no legal ramifications. In order to provide clarity for both employers and employees, the WCA is sectioned into four main parts, including “Occupational Health and Safety,” and many subsections.

No-Fault Insurance System

While there are obvious benefits from a no-fault insurance system, there are several disadvantages within this system. Since employers pay certain premiums towards insurance companies which cover employee injuries, they also indirectly pay for injuries which were caused due to worker negligence. In addition, premiums may be higher than what the company would pay in lawsuits. From the perspective of the worker, monetary remuneration may not be considered ‘enough’ for the incident, especially if it lead to death of a loved one or a permanent disability. In these cases, workers or their families may want to sue the company, but would be unable to.

Occupational Health and Safety Regulations

The Occupational Health and Safety Regulation (OHSR) is a regulation under the WCA, which provides legal requirements for all workplaces under WorkSafeBC jurisdiction. It is divided into 32 Parts, under three key sections: Core Requirements, referring to general conditions and definitions; General Hazard Requirements, concerning mostly higher-risk environments such as confined spaces; and Industry/Activity Specific Requirements, which include, for example, forestry and firefighting. While the OSHR and WCA provide extensive detail, WorkSafeBC also provides Guidelines to these, to enhance accessibility and clarity for people unfamiliar with legal jargon [5].

Facts and Figures

Along with the services and guidelines that WorkSafeBC provide, they disclose data concerning injuries, health issues, and costs in their Annual Reports and in their Facts and Figures page.

This data highlights caveats of current workplace hazards, as well as demonstrating the success of current regulations. For example, in 2015 there was a total of 2.6 million workdays missed, and 122 fatalities, due to work-related incidences. There was also a total of 145,803 injury claims (of which 91.3% were accepted), most of which were strains. While this seems like a large number of incidences, WorkSafeBC’s health and safety inspections (41,765 in 2015) likely drastically reduced the possible number of incidents. In total, 554 penalties were assigned, amounting to $6,952,359 [6].

Figure 1.1 Common Types of Injury Claims from 2015

Injury Claim Number
Strains (other than back strains) 17,860
Back strains 11,440
Cuts 5,485
Contusions 4,520
Fractures 3,675

Thanks to WorkSafeBC and its partners, British Columbia workplace safety has seen drastic improvements in the past 100 years. Through their focus and continued improvements on preventative measures and a no-fault insurance system, BC’s injury rate fell to a record low in 2015, with 75% of injured workers and 83% of employers rating WorkSafeBC as either good or very good![7]

For comparison to a more populated province in Canada, the Workplace Safety and Insurance Board (WSIB) in Ontario is equivalent to WorkSafeBC. In Ontario in 2015, 5.3 million workers and 300,000 employers claimed $2.58 billion in benefits. The WSIB received 230,000 claims in the same year. Using a similar no-fault insurance system as BC, Ontario also maintained one of the lowest lost work-time due to injury rates in any Canadian jurisdiction. [8]

References

  1. WorkSafeBC. (2017). Our story. Retrieved from: https://www.worksafebc.com/en/about-us/who-we-are/our-story
  2. Gorman, T. (2012, May 1). South end remembers victims of No. 1 Esplanade Mine. Nanaimo News Bulletin. Retrieved from: http://www.nanaimobulletin.com/news/149244155.html.
  3. WorkSafeBC. (2017). Worker’s Compensation Act. Retrieved from: https://www.worksafebc.com/en/law-policy/occupational-health-safety/searchable-ohs-regulation/workers-compensation-act/workers-compensation-act#DFF99E79A772426FAF8CD33BDCBD95EC.
  4. WorkSafeBC. (2017). Who we are. Retrieved from: https://www.worksafebc.com/en/about-us/who-we-are
  5. WorkSafeBC. (2017). Occupational Health and Safety Regulation. Retrieved from: https://www.worksafebc.com/en/law-policy/occupational-health-safety/searchable-ohs-regulation/ohs-regulation
  6. WorkSafeBC. (2017). Facts and figures. Retrieved from: https://www.worksafebc.com/en/about-us/shared-data/facts-and-figures
  7. WorkSafeBC. (2016). 2015 Annual Report and 2016-2018 Service Plan. Retrieved from: https://www.worksafebc.com/en/resources/about-us/annual-report-statistics/2015-annual-report/2015-annual-report-and-2016-2018-service-plan?lang=en
  8. WSIB Statistics. (2015). 2015 WSIB Statistical Report. Retrieved from: http://www.wsibstatistics.ca/en/s1fatalities/