B.C. Reg. 194/2015, deposited October 28, 2015, under the WORKERS COMPENSATION ACT [section 225]. Resolution of the Workers’ Compensation Board, dated October 22, 2015.

THE WORKERS’ COMPENSATION BOARD OF BRITISH COLUMBIA

RESOLUTION OF THE BOARD OF DIRECTORS

RE: OHS Citations

WHEREAS:

On May 14, 2015, the Workers Compensation Act, R.S.B.C. 1996, Chapter 492 and amendments thereto (“Act”), was amended by the Workers Compensation Amendment Act, 2015 (“Amendment Act, 2015”);

AND WHEREAS:

Amendments related to OHS Citations came into force on August 4, 2015;

AND WHEREAS:

The Act now provides that the Workers’ Compensation Board (“WorkSafeBC”) may issue an administrative penalty with a lower maximum amount of $1,000 (“OHS Citation”) to an employer for failing to comply with a specified provision in Part 3 of the Act, or the Occupational Health and Safety Regulation (“OHSR”), and the amounts and specified provisions must be set out in a regulation of WorkSafeBC;

AND WHEREAS:

Pursuant to section 225 (1) of the Act, WorkSafeBC may make regulations it considers necessary or advisable in relation to occupational health and safety and occupational environment;

AND WHEREAS:

Pursuant to section 82 of the Act, the Board of Directors (“BOD”) must set and revise as necessary the policies of the BOD, including policies respecting compensation, assessment, rehabilitation, and occupational health and safety;

AND WHEREAS:

WorkSafeBC, pursuant to its mandate under the Act, has proposed the Lower Maximum Administrative Penalties Regulation (“LMAPR”), has given notice of the proposed OHS Citation Regulation, conducted consultations, held public hearings in accordance with section 226 (1) of the Act, and advised the BOD of the results of the consultations and public hearings;

AND WHEREAS:

The Policy, Regulation and Research Division (“PRRD”) has developed policy regarding OHS Citations as set out in the Amendment Act, 2015, and has conducted consultations, and advised the BOD on the results of the consultations;

AND WHEREAS:

The BOD, after due consideration of all presentations to WorkSafeBC, considers it necessary and advisable in accordance with WorkSafeBC’s mandate under the Act in relation to occupational health and safety and occupational environment, to approve the LMAPR and policy on OHS Citations;

AND WHEREAS:

WorkSafeBC must specify the date on which regulations come into force, which date must be at least 90 days after their deposit under the Regulations Act, as per section 227 of the Act;

AND WHEREAS:

Pursuant to the Provincial Government's Regulatory Reform Policy, the BOD has evaluated the proposed OHS Citation Regulation according to the established regulatory criteria;

THE BOARD OF DIRECTORS RESOLVES THAT:

1. The LMAPR, as set out in Appendix “A” is approved and comes into force on February 1, 2016;

2. The LMAPR will be deposited with the Registrar of Regulations in such form as may be required by the Registrar;

3. The addition of Item D12-196.1-1, Occupational Health & Safety (OHS) Citations, to the Prevention Manual, as set out in Appendix “B” of this Resolution, is approved, and applies to all violations specified in section 3 of the LMAPR, occurring on or after February 1, 2016; and

4. The Regulatory Criteria Checklist in Appendix “C” is approved.

 
DATED at Richmond, British Columbia, on October 22, 2015.

By the Workers’ Compensation Board

GEORGE MORFITT, FCPA, FCA, Chair, Board of Directors.

Appendix A

THE BOARD OF DIRECTORS RESOLVES THAT:

1 The following regulation is made:

LOWER MAXIMUM ADMINISTRATIVE PENALTIES REGULATION

Definition

1  In this regulation, “Act” means the Workers Compensation Act.

Administrative penalties

2  (1) In this section:

“comply” means comply with a provision of Part 3 of the Act, or the regulations, as specified in section 3 of this regulation;

“non-compliance date” means the date the Board, under section 196.1 (1) of the Act, is satisfied an employer has failed to comply;

“penalty date” means the date of the order by which the Board imposes an administrative penalty under section 196.1 (1) of the Act.

(2) The following administrative penalties are prescribed for the purposes of section 196.1 (1) of the Act:

(a) a penalty that is half of the maximum amount allowable for an administrative penalty under section 196.1 (1) of the Act if, under that section, the Board is satisfied that an employer has failed to comply;

(b) a penalty that is the maximum amount allowable for an administrative penalty under section 196.1 (1) of the Act if, respecting an employer,

(i) the Board is satisfied the employer has failed to comply,

(ii) the non-compliance date of the failure to comply referred to in subparagraph (i) is within 3 years after the non-compliance date of a previous failure to comply by the employer, and

(iii) the penalty date of the previous failure to comply referred to in subparagraph (ii) is earlier than the penalty date of the failure to comply referred to in subparagraph (i).

Specified provisions

3  The following provisions are specified for the purposes of section 196.1 (1) of the Act:

(a) section 115 (1) (b) of the Act, as it pertains to orders;

(b) section 194 (2), (3) or (4) of the Act if,

(i) as set out in subsection (1) of that section, an order includes a requirement for compliance reports, and

(ii) in the case of subsection (4) (d) of that section, the Board requires the employer to send a copy of the compliance reports to the Board;

(c) section 2.4 of the Occupational Health and Safety Regulation, as it pertains to orders.

2 Section 1 comes into force on February 1, 2016.

 
DATED at Richmond, British Columbia, October 22, 2015.

By the Workers Compensation Board

— G. MORFITT, FCA, Chair, Board of Directors.

Copyright © 2016: Queen's Printer, Victoria, British Columbia, Canada