ee ne ane ner
Sessional Paper Na. 32 Ig as
LIBRARY
VAULT 19
2 Session, 20 Wegislature
@e%e
Ry
REPORT
of the
SELECT SPECIAL COMMITTEE
ON THE WORKERS’ COMPENSATION ACT
AND THE OCCUPATIONAL
HEALTH AND SAFETY ACT
MAY, 1984
es
SS
SS
a
See
To the Honourable Gerard Amerongen,
Speaker of the Legislative Assembly
of the Province of Alberta
The Select Committee of the Assembly, established on June 6, 1983, herewith
submits its report and recommendations for consideration by the Legislative
Assembly.
Chairman: Members:
Ea
Bill W. Diachuk, M.L.A.,
Edmonton-Beverly Constituency.
Dire Wo A eeBuck MUSA.
Clover Bar Constituency.
MyrnaxC. Fyfe, M.L.fs
St. AVbert Constituency.
Anois Mos
Edmonton-Norwood Constituency.
elsonn McA,
Calgary-McCall Constituency.
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Samet
TABLE OF CONTENTS
PART I
(1) Resolution Establishing the Select Committee
(2) Preface
PART II
The Occupational Health and Safety Act and its Administration
(1) Summary of Select Committee Recommendations
(2) Introduction
(3) The Select Committee Report
PART hl
The Workers' Compensation Act and its Administration
(1) Summary of Select Committee Recommendations
(2) Introduction
(3) Select Committee Report
PART IV
(1) Bibliography of Source Documents - APPENDIX A
(2) Alphabetical Listing of Individuals, Agencies and Organizations
Who Submitted Briefs to the Committee - APPENDIX B
001 cl
MAY 1984
RESOLUTION ESTABLISHING THE SELECT COMMITTEE
Moved by Honourable Mr. Crawford:
Be it resolved that,
(1) A Select Committee of this Assembly be established consisting
of the following members:
Chairman: Honourable Bill W. Diachuk
Members: M. Fyfe
Thompson
Moore
Nelson
ze) Way gel (ei
Martin
with instruction:
(a) to receive representations and recommendations as to the
operations of The Workers' Compensation Act and The
Occupational Health and Safety Act;
(b) to evaluate the need for a new workers' compensation
facility and make recommendations respecting the nature,
scope, and location of the board's rehabilitation services;
(ic) that the said committee do report to the Assembly, at the
next ensuing session of this Assembly, the substance of the
representations and recommendations made to the committee,
together with such recommendations relating to the administration
of the said Act as to the said committee seem proper.
O01 ¢1
MAYS*1984, 00 © eee Ue
(2) Members of the committee shall receive remuneration in
accordance with The Legislative Assembly Act.
(3) Reasonable disbursements by the committee, for clerical
assistance, equipment and supplies, advertising, rent and
other facilities required for the effective conduct of its
responsibilities, shall: be paid, subject to the approval of
the chairman.
To which the following amendment was moved by the Honourable
Mr. Crawford:
Re: "one other honourable member to be named"
The question being put, the motion was agreed to.
PREFACE
The Committee commenced meetings on June 16, 1983.
Advertisements were placed in daily and weekly newspapers
throughout Alberta. In addition the Committee invited
associations of industry and labour as well as professional and
other interested groups to forward written submissions to, and to
appear before the Committee. In total one hundred and fourteen
written submissions were received and public hearings were held
at Grande Prairie, Peace River, Lethbridge, Medicine Hat, Red
Deer, Calgary and Edmonton.
After completion of the public hearings the Committee met with
workers compensation and occupational health and safety
administrators in New Brunswick, Nova Scotia, Quebec, Ontario,
OL -ct
MAY 1984 ES Oa er /4
PREFACE (continued)
Manitoba, Saskatchewan and British Columbia to discuss matters
relating to legislation. Wherever possible, the Chairman of the
Committee met with the responsible minister in the other
provinces and the Committee examined Workers' Compensation Board
facilities including Workers' Compensation Board operated
rehabilitation centres. In addition, the Committee examined
rehabilitation facilities in Halifax, Nova Scotia and Hamilton,
Ontario which are not operated by the Workers' Compensation
Board.
GO1-.cl
MAY 1984 — ee {5
REPORI OR THE SELECH “COMMITTEE
OF THE
LEGISLATIVE ASSEMBLY
ON
OCCUPATIONAL HEALTH AND SAFETY
Digitized by the Internet Archive
in 2022 with funding from
Legislative Assembly of Alberta - Alberta Legislature Library
https://archive.org/details/ableg_33398003065025
SUMMARY OF RECOMMENDATIONS
OCCUPATIONAL HEALTH AND SAFETY
The Select Committee recommends that:
(1) the Occupational Health and Safety Division, in co-operation
with employer and worker groups, further develop appropriate
educational and information programs, posters and notices
Outlining the respective duties and responsibilities of
workers and employers to assist employers in meeting their
obligations under section 2(1)(b) of the Act;
(2) the Minister, in co-operation with employers' and
workers' organizations, continues to examine the need for
health surveillance of workers and when appropriate to
develop regulations requiring health surveillance of workers
in conjunction with other measures to control exposures to
toxic materials;
(3) The Occupational Health and Safety Act be amended to
require that the results of environmental monitoring
and investigations and studies of health and safety
conditions at a work site by an employer be made
available to workers and former workers affected by
these studies and investigations;
(4) The Occupational Health and Safety Act be amended to
require that, on the consent of the worker or former
worker, the employer forwards to that worker's or former
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MAY 1984
(4) (continued)
worker's physician the results of any medical tests or
toxicological tests carried out on that worker or
former worker;
(5) where joint work site health and safety committees
(7)
agree to and are capable of carrying out environmental
tests at the work site, assistance and encouragement to
enable them to do so should be provided;
the method of collecting assessments made on employers
for the purpose of defraying part of the costs of
administering The Occupational Health and Safety Act be
reviewed and that consideration be given to the
application of a fixed percentage of the assessments;
a position paper be prepared to:
(a) examine methods currently used in Canada to provide
occupational health services to small business;
(b) to estimate the need for such services in Alberta;
(c) to explore current availability of manpower and
financial resources;
(d) to determine projected costs and manpower
requirements;
(e) to suggest mechanisms to meet financial and
manpower needs, and
(7) (continued)
(f) to propose legislation relevant to the development
of such occupational health services.
~-
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~~
the Occupational Health and Safety Division, in co-operation
with the Workers' Compensation Board, prepare a position
paper on Safety Associations that will address the scope,
membership, financial and program issues and distribute the
paper to industry and labour for full review and discussion
with the Occupational Health and Safety Division and the
Workers' Compensation Board. It is further recommended that
following the discussions a full report with recommendations
be forwarded to the Minister responsible for Workers' Health,
Safety and Compensation.
“—_
W
~~
the Minister responsible for Workers' Health, Safety and
Compensation draw to the attention the Minister of
Agriculture the matter of legislation making it an
offence to remove safety equipment on farm machinery
for convenience in operating, or to sell machinery with
safety features removed, and to make the owner liable
for his negligent actions.
001 cl
NESS RS) ESS ES ec /8
INTRODUCTION
Approximately four years ago a Select Committee on Workers'
Compensation reported,
"While being specifically charged to review the Workers’
Compensation Act and its administration, it became
rapidly apparent to the Committee that matters relating
to occupational health and safety were inextricably
interwoven (with compensation issues) and had to be
included in carrying out an indepth review...the
Committee is clearly of the opinion that future
Legislative Select Committees be charged to conduct a
combined review of Workers' Compensation and Occupational
Health and Safety."
This Select Committee had under review The Occupational Health
and Safety Act originally proclaimed in 1976 and subsequently
amended in 1979 and 1983. This Act, administered by the
Occupational Health and Safety Division (OH&S Division) of
Alberta Workers' Health, Safety and Compensation, is part of an
ongoing process to bring about improvements in the work place and
in work practices. Since the Alberta Government passed the first
Factories Act in April, 1917, the role of the Alberta Government
in occupational health and safety has increased, particularly
within the last decade.
The Select Committee has noted significant developments in
Alberta in response to increasing public concern over rising
numbers of work related injuries and occupational diseases.
001 cl
MAY 1984 12
INTRODUCTION (continued)
Following the publication of the report of the Industrial Health
and Safety Commission in 1975, occupational health and safety in
Alberta was reorganized. Among these developments was the |
centralization of occupational health and safety programs in one
agency rather than sharing among several, a development |
paralleled in other jurisdictions. Most significant was the
transfer of the Accident Prevention Department from the Workers'
Compensation Board in 1976 to the Occupational Health and Safety
Division established within the Department of Labour. This was
followed in 1979 by the creation of a new ministry of Workers'
Health, Safety and Compensation bringing together under one
minister the programs of occupational health and safety and
workers' compensation.
The Occupational Health and Safety Act, is basically remedial and
protective. And similar to all Canadian occupational health and
safety legislation sets out obligations and rights of employers,
workers and other persons present at or providing services to a
work site.
In common with other Canadian health and safety legislation the
employer is required to ensure, as far as is reasonably
practicable, that his work place does not endanger his workers or
other workers who may be present at his work site. To accomplish
this he must adopt appropriate safety practices and ensure that
workers are aware of their responsibilities and duties under the
legislation. To ensure this the Act empowers occupational health
and safety officers to be afforded access to the work site to
determine compliance with the legislation.
001 cl
SETS Se /10
10
Presented hereunder is a summary of areas of concern raised in
the recent submissions to the Select Committee. In each case the
area of concern will be identified with some background comments.
Section I - Definitions
(e) "employer" means
(i) a person who is self employed in an occupation,
(ii) a person who employs 1 or more workers
(iii) a person designated by an employer as his
representative, or
(iv) a director or officer of a corporation who oversees
the occupational health and safety of the workers
employed by the corporation.
Discussion:
Employers have suggested that the definition of "employer" is too
broad, opening up the possibilities that non supervisory
personnel may be included and that employers may, as such, evade
their responsibilities under the Act. To eliminate these
possibilities reference was made to The Labour Relations Act
wherein the definition of an "employer" may be inferred from the
definition of an "employee".
The Select Committee noted that The Labour Relations Act does not
specifically define an "employer" and that the definition of
employer contained in The Occupational Health and Safety Act is
consistent with other Canadian legislation. The definition
includes designated agents of the employer who will exercise the
authorities and assume the responsibilities of the employer at a
work site. It is further noted that the definition provides that
the employer designate his agent as his representative.
001 cl
MAY 1984
11
Submission:
That the Act be amended to redefine employer".
Recommendation:
The Select Committee recommends that this definition be retained.
Section 1 - Definitions
Discussion:
It was recommended to the Select Committee that The Occupational
Health and Safety Act define the terms "health" and "safety".
Although no suggested definitions were made to the Committee, the
Committee did examine other occupational health and safety
legislation in Canada.
The Manitoba Workplace Safety and Health Act defines "safety" as
"the prevention of physical injury to workers and the
prevention of physical injury to other workers arising
out of or in connection with activities in the
workplace."
and defines "health" as"
"the condition of being sound in body, mind and spirit,
and shall be interpreted in accordance with the objects
and purposes of this Act.
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12
Section 1 - Definitions (continued)
"The Nova Scotia Construction Safety Act also defines "safety" as
"freedom from bodily injury or freedom from damage to
health".
The International Labour Organization's Occupational Safety and
Health Convention, 1981, defines "health" as
"in relation to work, indicates not merely the absence of
disease and infirmity; it also includes the physical and
mental elements affecting health which are directly
related to safety and hygiene at work".
The Select Committee did not find the lack of definitions in any
way inhibited the legislation nor was the submission supported by
specific examples. The Committee further considered that such
definitions may limit the scope, spirit and application of the
principles of the Act.
Submission:
Define "health" and "safety".
Recommendation:
The Select Committee does not concur with this suggestion.
Section 2 - Obligations of employers, workers, etc.
BO
—
—y
~—
Every employer shall ensure, as far as is reasonably practicable
for him to do so,
001 cl
MAY 1984 pis
13
section 2 - Obligations of employers, workers, etc.
(a) the health and safety of
(i) workers engaged in the work of that employer, and
(ii) those workers not engaged in the work of that
-employer but present at the work site at which
that work is. being carried out, and
Discussion:
The general duty of an employer to ensure the health and safety
of workers is modified in the Alberta Act by the term "as far as
is reasonably practicable for him to do so". This modifier is
contained in the occupational health and safety legislation of
most jurisdictions in Canada. The exceptions are The British
Columbia Workers’ Compensation Act which does not specify a
general duty clause and in the Quebec legislation where every
employer "must take the necessary measures to protect the health
and ensure the safety and physical well being of his worker".
In Canadian legislation the term "reasonably practicable"
modifies the extent of compliance and recognizes that the
severity of a hazard and the difficulty of controlling it
may vary widely with the circumstances. In considering what
is reasonably practicable, the employer must consider the period
of time over which the danger is spread, and the time,
convenience and cost of the corrective measures that would be
required. If these are disproportionate to the risk it would not
be reasonably practicable to take them.
Recent court interpretations have indicated that these
obligations may be what is known as strict liability where there
is a defence of due diligence in that the employer can show that
he took all reasonable steps to avoid a particular event.
VOT vel
Ae en hw ee BE /14
14
Submission:
Remove the term “as far as is reasonably practicable for him to
do so" as it excuses the employer from ensuring workers are
protected from hazards by leaving the interpretation of the
phrase open.
Recommendation:
The Select Committee recommends that the current wording of this
subsection be retained.
Section 2 - Obligations of employers, workers, etc.
241)
(b) that the workers engaged in the work of that employer are
aware of their responsibilities and duties under this Act
and the regulations.
Discussion:
Subsection (b) is an amendment, introduced in 1983. To comply
with this requirement it will be necessary for an employer to
take practical measures that are within his capabilities so that
his workers will have enough knowledge of the Act and the
applicable regulations to protect the health and safety of
themselves and other workers.
The worker has to be able to recognize or be conscious of the
fact that he has certain duties and responsibilities under the
Act.
Submission:
The Occupational Health and Safety Division provides guidance to
employers on how they might comply with section 2(1)(b).
DO1 scl
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MAY 1984 /15
15
Recommendation:
It is recommended that the Occupational Health and Safety
Division, in co-operation with employer and worker groups,
further develop appropriate educational and information programs,
posters and notices outlining the respective duties and
responsibilities of workers.and employers to assist employers in
meeting their obligations under section 2(1)(b).
Section 8 - Danger to persons on work site
8(1)
When an officer is of the opinion that a danger to the health
or safety of a worker exists in respect of that worker's
employment, the officer may at anytime enter into or on any
work site and do any or all of the following:
(a) order the work or any part of it that is taking place
to be stopped forthwith;
(b) order any worker or other person present to leave the
work site forthwith;
(c) in writing order the principal contractor or the
employer to take measures specified by the officer
which he considers necessary for the purpose of
removing the source of the danger or to protect any
person from the danger.
Discussion:
Occupational Health and Safety Officers have the power to issue a
wide variety of orders. All orders are based on the "opinion" of
the person issuing them. This gives officers the right to
develop an opinion, which is fundamental to the enforcement of
the Act and similar powers are found throughout most Canadian
Occupational Health and Safety laws. Thus, the power of an
officer is not limited to determining compliance with specific
001 cl
MAY 1984 canine fib
16
Section 8 - Danger to persons on work site (continued)
sections of the Act or regulations, but extends to any matter
respecting workers' health or safety about which the officer has
the right to form an opinion, whether the subject of the opinion
is addressed in the legislation or not.
This brings us to an examination of the officer's right to have
an opinion and concurrent obligation to exercise this right in an
appropriate manner. Before an order can be issued, the officer
must have an opinion on the matter or he does not have the
jurisdiction to issue the order.
In practical terms, this means that officers must only issue
orders respecting areas where they are competent to form an
opinion. Competency is gained through education, training
and experience.
A person to whom an order is issued may appeal the order to the
Occupational Health and Safety Council. Since the Act was
proclaimed in 1976 over 51,000 orders have been issued. During
this period the Council has heard 5 appeals, one of which was
upheld and another varied.
Submission:
This section be amended to read "when an officer is of the
Opinion on reasonable and probable grounds, both subjectively and
objectively, that a danger to the health or safety of a worker
exists in respect of that worker's employment, the officer may at
any time enter into or on any work site and do any or all of the
following: o.fetcwe
001 cl
MAY 1984 Aq
17
Recommendation:
Based on experience to date the Select Committee recommends no
change to this section.
section. 9.2n— Issuimmgzor cancelling of licences
-_
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A licence may be issued in accordance with the regulations
—
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~
A director may, in accordance with the regulations, cancel or
suspend
(a) a licence, or
(b) a certificate or permit issued to a worker under the Coal
Mines Safety Act or the Quarries Regulation Act.
Discussion:
Clarification was sought as to whether this section related only
to licences, certificates and permits issued under this Act or
could include those’issued by other agencies.
Recommendation:
The Select Committee is satisfied that this provision only
applies to licences, certificates and permits issued under this
legislation and not to those issued by any other agency.
Section 10.1 - New project notification
A person who is about to begin a new project may be required to
file notice in accordance with the regulations.
O01 4G
MAY 1984 Rese is!
18
Discussion:
The intent of this section is to provide a means of ensuring that
health and safety hazards have been addressed during the
development of work for new projects of certain sizes and
processes to be identified in subsequent regulations. Until the
regulations have been developed this section is reserved.
Submission:
Notification must not involve approval of the project.
Clarify who is to file the notice.
Recommendation:
The Select Committee recommends that these concerns be addressed
in the preparation of regulations when this section is
proclaimed.
Section 11 - Appeal
(1)
A person
(a) to whom an order is issued under section 7, 8, 9, 9.1, 10,
20 or 26,
(b) licence has been cancelled or suspended, or
(c) whose certificate or permit issued under the Coal Mines
Safety Act or the Quarries Regulation Act has been
cancelled or suspended under section 9.2,
may appeal the order, cancellation or suspension to the Council.
001 cl
MAY 1984 Ro cy 0s)
19
Discussion:
On notification of an appeal, a division of the Council is
convened to consider the appeal. This procedure enables Council
to hear an appeal in the shortest practical time. Until Council
has announced its decision the terms of the order are in effect.
The provisions of the Act do not empower Council to award costs
or reimbursement of lost income. The Select Committee noted that
Similar appeal procedures in Canadian occupational health and
safety legislation also do not consider costs.
Submission:
"Section 11 should be amended to permit the Council to award
costs and/or payment to an employer of money not more than the
equivalent of income that the employer would have earned if he
had not been ordered to stop work forthwith, or been deprived of
a license, certificate, or permit during that period when the
appeal was pending."
Recommendation:
The Select Committee does not concur and recommends the current
wording be maintained.
Section 13 - Notice of serious injury or accident
(1)
If a serious injury or an accident that had the potential of
causing serious injury to a person occurs at a work site,
the employer responsible for that work site shall
(a) forthwith notify a Director of Inspection as to the
time, place and nature of the serious injury or
accident,
O01.;c1
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20
Section 13 - Notice of serious injury or accident
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MAY 1984
(b) carry out an investigation into the circumstances
surrounding the serious injury or accident,
(c) prepare a report in accordance with the regulations,
outlining the circumstances of the serious injury
or accident and the corrective action, if any,
undertaken to prevent a recurrence of the serious
injury or accident, and
(d) ensure that a copy of the report is readily
available for inspection by an officer.
For the purpose of subsection (1) "serious injury" has the
meaning given to it in the regulations.
(2.1) The employer shall retain the report referred to
in subsection (1) for 2 years after the serious
injury or accident.
(2.2) A report prepared under this section is not
admissible as evidence for the purpose in a
trial arising out of the serious injury or
accident, an investigation or public inquiry
under the Fatality Inquiries Act or any other
action as defined in the Alberta Evidence Act
except in a prosecution for perjury or the
giving of contradictory evidence.
Except as otherwise directed by a Director of Inspection,
an occupational health and safety officer or a peace officer,
a person shall not disturb the scene of an accident reported
under subsection (1) except insofar as is necessary in
(a) attending to persons injured or killed.
(b) preventing further injuries, and
(c) protecting property that is endangered as a result
of the accident.
be oI
fal
Section 13 - Notice of serious injury or accident (continued)
Discussion:
The current Workers' Compensation Board report contains only
rudimentary accident information and is intended to present
information relating to a claim for compensation. The new
reporting requirements under section 13 of The Occupational
Health and Safety Act will be more comprehensive than the
Workers' Compensation Board's. When an incident results in the
death or Serious injury of a worker or has the potential for so
doing, as defined by existing regulations, the employer is
required to investigate and determine the circumstances and
causes of the incident. The knowledge and understanding thus
gained will lead to the prevention of further incidents and to
the general body of knowledge on accident causation.
New regulations will describe what sort of information should be
included in the employer's investigation report. Such
information would be the minimal amount that any reasonable
investigation of any accident should contain. It should also be
noted that the Act does not require reports of all injuries, only
those which are prescribed in the Designation of Serious Injury
and Accident Regulation.
In fact the new section 13(1) eliminates the need for an employer
to forward a report to the Occupational Health and Safety
Division, but does require the report to be prepared and
available for inspection. Failing to carry out an investigation
and to complete a report must be considered a serious offence.
001 cl
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iis
Submission:
Require only one report to suit the purposes of both the Workers'
Compensation Board and Occupational Health and Safety Division.
Recommendation:
The Select Committee is satisfied that the required separate
reports serve different purposes, and does not concur with this
submission. A single intergrated report would unduly burden
employers by requiring them to complete comprehensive reports for
all injuries rather than only for those serious and fatal
injuries as prescribed by the regulations.
Discussion:
The essence of the enforcement aspects of The Occupational Health
and Safety Act is that it is a quasi-criminal statute. This
being so, the rules of evidence and procedures in criminal law
are applicable. The Act is not civil in nature.
The intent of this section is to allow the employer's report to
be considered a privileged document excluding its introduction as
evidence against an employer. The purpose of the report, as
Stated previously, is to uncover the facts surrounding an
incident. The Select Committee believes this is in the best
interest of accident prevention.
With regard to the specific amendments proposed, the Select
Committee notes that the words "or the giving of contradictory
evidence" describe a standard procedure for presenting criminal
evidence and these words indicate the Crown's right to
001 cl
MAY.1984 200 eee /23
23
Discussion (continued):
cross-examine any contradictory evidence. This general. criminal
procedure is found in section 9(2) of The Canada Evidence Act.
Eliminating these words would strip the section of its
evidentiary import.
The addition of the words "civil or criminal" to this section
adds nothing to the section. The plain word "trial" speaks to
both civil and criminal matters.
Currently the Occupational Health and Safety Division provides
summary reports on its investigations into serious incidents
involving death or injury of a worker to the Workers’
Compensation Board to assist in the adjudication of claims. In
the opinion of the Select Committee to bar such information
exchange would be detrimental to the full and proper adjudication
of such claims. The Select Committee therefore does not consider
that either prevention or compensation would be improved by
discouraging this information exchange.
Submission:
Section 13(2.2) be amended to read:
"A report prepared under this section is not admissible as
evidence for any purpose in a civil or criminal trial or
proceeding arising out of the serious injury or accident, an
investigation or public inquiry under The Fatality Inquiries Act,
any investigation under The Workers' Compensation Act, or any
other action as defined in the Alberta Evidence Act except ina
prosecution for perjury.
001 cl
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24
Recommendation:
It is recommended that the wording of this section be retained.
Section 14 - Investigation of Accident
(4)
Any statement under this section is not admissible in
evidence for any purpose in a trial, public inquiry under
the Fatality Inquiries Act or other proceeding except to
prove
(a) non-compliance with this section, or
(b) a contravention of section 32(2.1)
jin an action or proceeding under this Act.
Discussion:
The Select Committee considers that its previous observations
regarding privilege and right of cross-examination on
contradictory evidence apply equally to statements given during
the course of an investigation.
Submission:
Section 14(4) be amended.
Recommendation:
The wording of this section be retained.
Section 15 - Medical Examination
A Director of Medical Services may, for the purposes of
determining
001 cl
MAY 1984 Pe i es
25
Section 15 - Medical Examination
(a) the extent of any injury suffered by a worker
injured in an accident that occurred in respect of .
that worker's occupation, or
(b) whether a worker is suffering from an occupational
disease which is related to that worker's occupation.
require that worker to be medically examined by a Director of
Medical Services or other physician authorized by that Director
to carry out that medical examination.
Section 17 - Notice of findings
When a physician, in the course of his practice as a
physician, finds that a person examined by him is affected
with or is suffering from a notifiable disease, the
physician shall, within 7 days of the diagnosis of that
disease, notify a Director of Medical Services in writing of
the name, address and place of employment of that person and
the name of the notifiable disease.
Section 19 - Hazards
(1)
If a worker is employed in a hazardous occupation or at a
hazardous work site, a Director of Medical Services may
(a) require that the worker's employer shall, within 30
days of the commencement of the worker's employment,
register with a Director the worker's name and the
location of the work site where he is employed.
(b) require the worker to have regular medical examination,
(c) prescribe the type and frequency of the medical
examination,
(d) prescribe the form and content of medical records to
be complied with respect to that worker, and
OOT tel
MAY 1984 Eee
26
Section 19 - Hazards
(e) prescribe the period of time for which those medical
records must be maintained.
—
RO
~—
Repealed RSA 1980 ci5(Supp) s16.
When a person registered under subsection (1) terminates his
employment with his employer, the employer shall notify a
Director of Medical Services of that termination within 30
days of that termination.
Discussion:
The Act allows the Occupational Health and Safety Division's
Director of Medical Services to require that a worker be
medically examined in order to determine whether that worker is
suffering from an occupational disease which is related to that
worker's occupation or where a worker is employed in a hazardous
occupation or at a hazardous work site.
The Act also requires that the Director of Medical Services be
notified when a physician finds that a person examined by him is
affected with or is suffering from a notifiable disease. At the
present time the list of notifiable diseases includes asbestosis,
mesothelioma, asbestos induced lung, laryngeal and
gastrointestinal cancer, silicosis, coal workers' pneumoconiosis,
angiosarcoma, hypatic fibrosis, acro-osteolysis and noise induced
hearing loss. Under the regulations pursuant to the Act medical
tests are required for persons exposed to noise, asbestos, coal
dust, silica and viny] chloride. In the case of coal and silica
exposures the results of medical tests are to be forwarded to the
Director of Medical Services. Where audiometric tests are
OOL=ch
MAY 1984 tere A/a
ads
Discussion (continued):
required, with the written consent of the worker, the results of
the audiometric testing are provided to the worker's physician.
Where medical assessments are conducted on workers exposed to
vinyl chloride the physician conducting the medical assessment is
required to inform the worker or his estate of the results of the
medical assessment on request or if any significant abnormality
is discovered. Further the employer may only release information
of the medical surveillance on his workers to persons authorized
by law to receive the information or if it pertains, to that
worker or to anyone authorized in writing by that worker or his
estate.
The Director of Medical Services requires the authority to
examine workers in order to determine that an occupational injury
or illness exists and to identify its cause. It is important to
recognize that the practice of preventive medicine requires the
evaluation of clinical data that may be abnormal and indicative
of exposure or effect at levels below which a worker would begin
to subjectively feel the effects of an occupational disease.
The Director of Medical Services and other physicians acting
under his authority are bound by the Code of Ethics of the
College of Physicians and Surgeons and subject to the
College's internal review of any actions which may be
construed as a breach of a physician's professional ethics.
Should the physician injure a worker in the course of such a
statutory examination he would be subject to the same legal
and/or disciplinary consequences as a physician engaged in
any other type of medical practice.
001 cl
CE TS I ee ee 0 eo /28
28
Discussion (continued):
Section 19, of The Occupational Health and Safety Act, empowers
the Director of Medical Services to require medical surveillance
of workers employed in a hazardous occupation or at a hazardous
work site, designate an occupation as a hazardous occupation, and
to designate a work site or any class of work site as a hazardous
work site. Such regulations have not yet been established.
The Select Committee agrees that a worker or former worker must
be informed of environmental, toxicologica! and related medical
tests, which represent his response to exposure to possible
health hazards. Medical information must be provided in a form
that the worker clearly understands, and in this regard the
Select Committee believes that this may be most appropriately
accomplished in consultation with the worker's own physician.
This route is preferred as it enables the physician to interpret
medical details and to supply the worker with additional
explanatory information which the records may not contain and it
tends to overcome the reluctance of some employers to release
Sensitive medical information directly to individuals.
The Select Committee notes that under existing regulations
results of medical tests are provided to workers, and on consent,
to the worker's own physician in cases of exposure to a limited
number of health hazards.
Submission:
Section 15 be amended to require the Director of Medical Services
to demonstrate good cause and reasonable and probable information
to substantiate his requirement for a medical examination to a
Justice of the Court of Queen's Bench.
001 cl
MAY 1984 /29
29
Recommendation:
The Select Committee does not find such an amendment necessary.
Submission:
The Act should provide protection for doctors or other medical
personnel from legal action for assault.
Recommendation:
The Select Committee does not concur with such a provision being
necessary.
Submission:
Regulations be enacted to require medical surveillance of workers
exposed to all known and suspected toxic agents.
Recommendation:
The Select Committee cannot support this submission but does
recommend that the Minister, in co-operation with employers' and
workers' organizations, continue to examine this area and when
appropriate to develop regulations requiring health surveillance
of workers in conjunction with other measures to contro}
exposures to toxic materials.
Submission:
Records relating to medical status, monitoring data and
toxicological studies should be made available to affected
workers, former workers and authorized worker representatives.
001 cl
Re me a ats /30
30
Recommendation:
The Select Committee recommends that The Occupational Health and
Safety Act be amended to require that the results of
environmental monitoring and investigations and studies of health
and safety conditions at a work site by an employer be made
available to workers and former workers affected by these studies
and investigations.
The Select Committee also recommends that the Act be amended to
require that, on the consent of the worker or former worker, the
employer forward to that worker's or former worker's physician
the results of any medical tests or toxicological tests carried
out on that worker or former worker.
Section 23 - Exchange of information
The Minister may enter into agreements with the Workers’
Compensation Board governing the exchange between the
Minister and the Workers' Compensation Board of
(a) any information or reports respecting any or all of
the following:
(i) any accidents or injuries that occur at work
sites;
(ii) any occupational diseases;
(iii) any measures taken by principal contractors
or employers to protect the health and safety
of workers;
(iv) any matter concerning the operations of
principal contractors or employers; and
(b) any statistical information respecting any or all of
the following:
001 cl
MAY 1984 Barbet / 31
on
Section 23 - Exchange of information (continued)
(i) accidents or injuries occurring at work sites;
(ii) occupational diseases;
(iii) assessments made by the Board under the
Workers' Compensation Act and the cost of
claims made under that Act.
Discussion:
The objectives of the two agencies appeared to some to be
divergent. The Workers' Compensation Board provides compensation
and rehabilitation to workers injured at work, while the
Occupational Health and Safety Division seeks to prevent such
injury.
The prevention of industrial accidents and injuries is a role
which the Occupational Health and Safety Division actively
carries out and a role which the Workers' Compensation Board
informally carries out. To be effective both agencies must aim
towards the ideal of total injury prevention.
It is clear that any significant reduction in compensation costs,
with benefits remaining the same, can only be achieved through
injury prevention and mitigation. The necessary authorities
exist in The Occupational Health and Safety Act and The Workers'
Compensation Act for the two agencies to exchange information, to
enter into agreements for joint and co-operative activities for
the implementation of specific preventive directives and the
application of sanctions and penalties. While the Workers’
Compensation Board may not have authority under the current
legislation to provide resources for the research, education and
001 cl
OCG Ne ga /32
32
Discussion (continued):
training aimed at prevention and mitigation of injuries, it may
be encouraged to work closely with the Occupational Health and
Safety Division on preventive initiatives in these areas.
Submissions to the Select Committee commented on the need for
close relationships to exist between the Workers' Compensation
Board and the Division. Since its inception in 1976 the
Occupational Health and Safety Division has relied heavily on
data received from the Workers' Compensation Board to carry out
its various programs with the understanding that the two
organizations would share those data which were useful to both.
This arrangement was pursuant to section 23 of The Occupational
Health and Safety Act which governs the exchange of information
from the Workers' Compensation Board. The Occupational Health
and Safety Division currently receives a great deal of
information from the Workers' Compensation Board and considerable
information exchange takes place between all sections of the
Occupational Health and Safety Division and Workers' Compensation
Board.
Since employers already report information describing the
circumstances of accidents to the Workers' Compensation Board,
the Occupational Health and Safety Division does not require
employers to submit separate reports, but relies instead on
relevant Workers' Compensation Board data. This arrangement
prevents duplication of effort both for employers in reporting,
and for the Occupational Health and Safety Division and the
Workers' Compensation Board in coding and computerizing data.
For more detailed information on serious injuries or accidents
that had potential to cause serious injury, the employer is
OO) tcl
MAY 1984
oo
Discussion (continued):
required to notify the Occupational Health and Safety Division
and also to carry out an investigation into the circumstances and
to prepare and retain a report for inspection by the Occupational
Health and Safety Division. Details of these requirements are
set out in regulations under the Act.
Details of significant investigations carried out by the
Occupational Health and Safety Division, especially those
relating to fatal injuries, are provided to the Workers'
Compensation Board for use in claims adjudication.
While the physical separation of the two organizations does pose
some difficulties in communication it is noted that both
Organizations desire to improve communications in matters of
mutual interest.
Submission:
1. A review of the interdependence and dependence of the
Occupational Health and Safety Division and the Workers'
Compensation Board should be undertaken to determine if the
two agency system is the most effective method of
administering worker health, safety and compensation.
2. The Occupational Health and Safety Division and the Workers'
Compensation Board should be brought together to
pro-actively promote work site safety and accident
prevention education.
001 cl
MAY MOC Gee eet ieigee /34
Recommendation:
The Select Committee observes that both agencies serve different
purposes and are presently co-ordinated under a single portfolio.
The Select Committee supports the present arrangement and
stresses that the programs of both agencies must continue to be
co-ordinated to ensure the most effective and efficient services
are provided.
Section 24 - Report on designated substances
=
=
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:
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Dole]
MAY 1984
lf any designated substance is used, storage or manufactured
at or on a work site, the person responsible for that work
site shall compile a written report with respect to that
designated substance containing the information and in the
form prescribed by a Director of Occupational Hygiene.
When a person compiles written information under subsection
(1), he shall maintain that information on the work site in
a location which is readily accessible to the workers and to
other persons who are at that work site.
When a person compiles written information under subsection
(1), that person shall, on the request of a Director of
Occupational Hygiene, furnish a Director with copies of that
written information.
Repealed RSA 1980 c15(supp) s19.
Ba)
35
Discussion:
For the purposes of section 24 designated substances are listed
in schedule D, tables 1 and 2 of the Chemical Hazards Regulation
(Alberta Regulation 8/82). Approximately 600 substances are
presently designated. The tables are reviewed annually and
substances may be added or deleted as necessary. To assist
employers, the Occupational Health and Safety Division has
produced a booklet called "Chemical Information At The Work Site
Employer Responsibilities and Guidelines for Material Safety Data
Sheets". These material safety data sheets provide information
on the ingredients of the product, toxicity data, physical data,
fire and explosion data, health hazard information, spill or leak
procedures and special protection information.
The Select Committee learned that similar requirements are
present in most health and safety legislation in Canada.
Where a designated substance is present the employer is required
to instruct all affected workers of the health hazards associated
with exposure to that substance and how to minimize the exposure.
The Federal Government, in consultation with the Provincial
Governments, and employers' and workers' organizations, is
currently working on a system of chemical labelling. The
Occupational Health and Safety Division is represented on a
Federal Provincial project to develop a work site hazardous
materials information system. A report will be made to the
respective deputy ministers in the provinces in late 1984. It is
possible that amendments to the Chemical Hazards Regulation may
follow from this report.
O01 ici
ca) oS eS: a 2 /36
36
Discussion: (continued)
The Occupational Health and Safety Division has established a
link with the computer based retrieval system for information on
chemical substances at the Canadian Centre for Occupational
Health and Safety in Hamilton. As the computer data bases are
expanded at the Centre more access will be available to workers
and employers through the Occupational Health and Safety
Division's link. In addition to this link the Occupational
Health and Safety Division has access to several other data
bases, thus providing a comprehensive on-line capability of
accessing information on chemical substances and other
occupational hazardous materials and processes. This information
is freely available to individual employers, workers,
organizations and professional bodies. To oversee this link is a
tripartite user committee consisting of representatives of
government, labour and employers.
In addition the Occupational Health and Safety Division has
instituted a Chemical Hazards Information Program. This program
contains Chemical Safety Data Sheets on approximately 20,000
substances. The Occupational Health and Safety Division also
maintains a very extensive library on occupational health and
safety hazards and preventive programs.
Submission:
1. Act should be amended to require that information should be
available on any substance that is used or produced in a
workplace not just designated substance.
2. That there should be a uniform method of presenting the
information, perhaps through a labelling standard.
UOTeG!
MAY 1984 Weds
eeeee
37
Recommendation:
The Select Committee is satisfied that the existing requirements
for designated substances are adequate at this time.
The Select Committee supports the activities of the
Federal-Provincial agencies towards the preparation of a
labelling standard for hazardous industrial materials in Canada.
Section 25 - Joint work site health and safety committees
The Minister may, by order, require that there be established
at any work site a joint work site health and safety committee
which shall
(a) identify situations which may be unhealthy or unsafe
in respect of the work site,
(b) make recommendations to principal contractors,
employers and workers for the improvement of the
health and safety of workers at or on the work site
(c) establish and maintain educational programs regarding
the health and safety of workers at or on the work site,
and
(d) carry out those duties and functions prescribed by
the regulations.
Discussion:
The worker's right to participate in health and safety matters at
his work site is recognized in Canada by the establishment of
joint work site health and safety committees. These committees
comprise equal membership of worker and management at the work
site. In several provinces these committees are required at work
Sites where a specified number of workers are employed, in others
001 cl
MAY 1984 “peepee
38
Discussion (continued):
they may be established by order of the Minister where
circumstances warrant.
In Alberta joint work site health and safety committees have been
established by three main processes. These are: 1) under the
authority of section 25 of the Act where the Minister may, by
order, require the establishment of a joint work site health and
safety committee at any work site, 2) through a collective
agreement existing at a work site and, 3) by mutual agreement
between workers and management on a voluntary basis.
Section 25 of the Act specifies that by order of the Minister a
joint work site health and safety committee having been
established will identify unhealthy or unsafe situations, make
recommendations for the improvement of the health and safety of
workers, eStablish and maintain educational programs and in
accordance with pursuant regulations hold regular meetings,
maintain minutes of such meetings and carry out inspections at
the work site.
Each committee is co-chaired by a representative of management
and a representative of the workers. Worker members of the
committee are elected by the workers on that site or in
accordance with the constitution or by-laws of a trade union or
worker association to which the workers belong. Employer
representatives are appointed by the employer. Co-chairman of
the committee or their designates may be present during an
inspection by an Occupational Health and Safety Officer of the
Occupational Health and Safety Division.
001 cl
MAY21984 0 ee £39
39
Discussion (continued):
A recent survey has shown that 129 of the 144 committees
established by order of the Minister in 1977 and 1978 are still
in existence. In the remainder the work site has either closed
down or relocated.
Joint work site health and safety committees may also be
established under collective agreements. Ina review of 1,062
collective agreements concluded in 1982, 397 included provisions
for joint management labour safety committees.
Submission:
Amend Act to require joint work site health and safety committees
be required at work places where there are 10 or more workers
employed.
Recommendation:
The Select Committee concurs that where joint work site health
and safety committees that are formed on the basis of an
agreement between labour and management, or a voluntary basis,
they foster greater co-operation and mutual respect and therefore
have a better chance of success.
The Committee believes that the present voluntary system works
reasonably well, while still leaving the discretion with the
Minister to order such committees. where difficulties may arise.
Mr. Martin did not agree with this decision of the committee.
O01- ci
OC ae ee I /40
40
Discussion:
Joint work site health and safety committees are required to
inspect the work site at regular intervals when conditions or
equipment or procedures which are hazardous, unsafe or not in
compliance with the legislation are brought to the employer's
attention and recorded by the committee for subsequent review.
The employer must take appropriate and immediate steps to remedy
the situation. If this does not occur the committee must inform
the Occupational Health and Safety Division, whereby an officer
will investigate and order appropriate remedial measures. The
Select Committee did not hear of any instances where this
procedure was inappropriate or unacceptable.
Submission:
That joint work site health and safety committees have the right
to shut down or tag out any machine or process which they believe
to be hazardous or potentially hazardous.
Recommendation:
The Select Committee notes that section 27 of The Occupational
Health and Safety Act prohibits a worker from operating any
machine or process or undertaking any work that he has reasonable
and probable grounds for believing that there is a danger that is
not normal for his work or occupation. Because this individual
responsibility exists the Select Committee does not recommend
that this responsibility be placed on joint work site health and
safety committees.
001 cl
MAY 1984 /41
41
Discussion:
Where a joint work site health and safety committee is unable to
resolve an issue, either among its members or with the employer,
the matter is to be fully recorded in the minutes of the
committee, and the Occupational Health and Safety Division may be
notified. An officer will investigate and render a decision.
Submission:
Establish a procedure for the resolution of disputes.
Recommendation:
The Select Committee believes that this procedure is already in
place and therefore recommends no change.
Discussion:
A joint work site health and safety committee may recommend a
survey of environmental conditions, such as noise levels, dust or
chemical contaminant levels, at the work site. Where the
employer has facilities such tests can be undertaken. Where the
employer does not have facilities, tests may be undertaken by the
Occupational Health and Safety Division.
Submission:
The Act be amended to provide that committees conduct
environmental tests and take samples.
O04) ci
MAY STOR =e eee /42
42
Recommendation:
The Select Committee does not agree that the Act be amended,
however where joint work site health and safety committees agree
to and are capable of carrying out environmental tests at the
work site assistance and encouragement to enable them to do so
should be provided.
Discussion:
The committees are required under the Act to make recommendations
to principal contractors, employers and workers for improvements
in health and safety at the work site. The ultimate
responsibility for a safe and healthful work site lies with the
employer and the principal contractor. The Select Committee
determined that this ultimate responsibility is appropriate and
consistent with occupational health and safety legislation
throughout Canada.
Submission:
The Act be amended to provide that the joint work site health and
safety committee will make decisions which are binding at the
work site.
Recommendation:
The Select Committee does not agree with this submission.
Section 2/7 - Existence of imminent danger
(1)
No worker shal]
001 cl
MAY 1984
43
Section 27 - Existence of imminent danger (continued)
~_
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Hoi cl
MAY 1984
(a) carry out any work if, on reasonable and probable
grounds, he believes that there exists an imminent
danger to the health or safety of that worker.
(b) carry out any work if, on reasonable and probable
grounds, he believes that it will cause to exist an
imminent danger to the health or safety of that
worker or another worker present at the work site, or
(c) operate any tool, appliance or equipment, if, on
reasonable and probable grounds, he believes that it
will cause to exist an imminent danger to the health
or safety of that worker or another worker present
at the work site.
In this section, “imminent danger" means in relation to any
occupation
(a) a danger which is not normal for that occupation, or
(b) a danger under which a person engaged in that
occupation would not normally carry out his work.
A worker who
(a) refuses to carry out work, or
(b) refuses to operate a tool, applicance or equipment
pursuant to subsection (1) shall as soon as is practicable,
notify his employer at the work site of his refusal and the
reason for his refusal.
On being notified under subsection (3), the employer shall
(a) investigate and take action to eliminate the imminent
danger,
ye
44
Section 27 - Existence of imminent danger (continued)
(b) ensure that no worker is assigned to use or operate
the tool, appliance or equipment or to perform the
work for which a worker has made a notification
under subsection (3), unless
(i) the worker to be assigned is not exposed to
imminent danger, or
(ii) the imminent danger has been eliminated,
(c) prepare a written record of the worker's
notification, the investigation and action taken,
and
(d) give the worker who gave the notification a copy of
the record described in clause (c)
—
wn
—
The employer may require a worker who has given notification
under subsection (3) to remain at the work site and may
assign him temporarily to other work assignments that he is
reasonably capable of performing.
~_
fon)
—
A temporary assignment under subsection (5), if there is no
loss in pay, is not disciplinary action for the purposes of
section 28.
Discussion:
For the purposes of this Act the interpretation of what
constitutes imminent danger must be restricted to the current
definition. It was noted that the definition of imminent danger
commonly used in the dictionary will not apply in this situation
because the Act has specifically defined the phrase in a manner
which is limited to its use within the Act. Imminent danger does
not need to be life threatening. It must simply present a
serious threat to the health or safety of workers which is not
normal for their respective occupations.
001 cl
MAY 1984 ieee BHD
45
Discussion (continued):
Section 27 recognizes the importance of the worker taking
responsible action and exercising reasonable judgement in
refusing work assignments which may constitute imminent
danger to the worker or his fellow workers. The worker's
belief should be founded on-circumstances sufficiently strong
to warrant an unbiased outsider's observation that any
reasonable man would believe that the imminent danger
Situation exists. |
The interpretation of "imminent danger" becomes especially
difficult with the situation of exposure to hazardous chemicals
Since the effect may be manifest a long time after the exposure
has occurred. It is important to determine whether the single
exposure presents danger or whether the danger relates to the
accumulative effect of a number of exposures. Thus exposure to a
Substance that may cause cancer twenty years from now is an
imminent danger situation for a worker who is not adequately
trained and provided with proper protective equipment, standard
working procedures and so on. On the other hand a single
exposure to accumulative poisons such as lead is not likely to
present an imminent danger situation if basic precautions have
been taken. The issue in this case is repeated exposures, which
must of course be controlled, for which standards exist.
However, in many cases exposure to chemicals does present
imminent danger.
Submission:
Amend section 27 to remove reference to “imminent danger" and
provide that workers have a right to refuse work they believe to
be unsafe or unhealthy to themselves or others.
001 cl
yee Be eters /46
46
Recommendation:
The Select Committee is satisfied that the intent of this
submission is adequately addressed by the definition of imminent
danger contained in this section. The Committee draws attention
to the fact that the danger need not be "immediate", but that, on
the reasonable and probable belief of the worker, is not usual or
acceptable within the context and spirit of the Act under which
he carries on his occupation.
Recommendation:
In addition the provisions of this section ensure that a
Situation which is "not normal" can be brought to the employer's
attention.
The Select Committee recommends that the current definition of
imminent danger be retained.
Submission:
Amend section 27 to allow resolution of a refusal to unsafe work
without requiring a written report.
Recommendation:
The Select Committee notes that a "record" not a "report" is
required and agrees that a record of a work refusal must be kept
by the employer.
Discussion:
The Act requires that on notification by the worker, the employer
must investigate the action. The fact that the worker must
001 cl
MAY 19840 00 eee /47
47
Discussion (continued):
provide a reason for his refusal provides a measure of protection
against indiscriminate and unjustified use of this provision.
The required written record of the refusal and subsequent action
can itself be examined by an Occupational Health and Safety
Officer should the matter not be resolved to each party's
satisfaction.
Submission:
The Amendment providing the obligation of a worker to refuse to
carry out work or operate any tool, appliance or equipment, if,
on reasonable and probable grounds, he believes there exists an
imminent danger, does not carry any provisions for dealing with
frivolous, questionable or illegitimate incidents.
Recommendation:
The Select Committee does not agree with this submission.
Section 28 - Disciplinary action prohibited
No person shall dismiss or take any other disciplinary
action against a worker by reason of that worker acting in
compliance with this Act, the regulations or an order given
under this Act.
SECLTON co. le-ar lng a Complaint
28.1
A worker who has reasonable cause to believe that he
has been dismissed or subjected to disciplinary
action in contravention of section 25(6) or 28 may
file a complaint with an officer.
001 cl
MAY 1984 paves
48
Section 7(3) - Order to remedy unhealthy or unsafe conditions
and for restitution
73)
Measures specified in respect of the order referred
to in subsection (2), where the order is made in
respect of the failure by a person to comply with
section 25(6) or 28, may require one or more of the
following:
(a) that the disciplinary action cease;
(b) reinstatement of the worker to his former
employment under the same terms and
conditions under which he was formerly
employed;
“(c) payment to the worker of money not more
than the equivalent of wages that the
worker would have earned if he had not been
dismissed or received disciplinary action;
(d) removal of any reprimand or other reference
to the matter from the worker's employment
records.
Discussion:
Several submissions to the Select Committee expressed concern
that these amendments introduced in the 1983 Amendment Act create
a position whereby a union worker may have recourse to appeal
discipline and dismissal cases both under a collective agreement
and The Occupational Health and Safety Act. A worker would
therefore have two routes of rectifying an injustice, either
perceived or actual. If the worker's chosen route does not
produce the desired result he may choose to launch an appeal
through the other route. Such a system may place the employer in
the untenable position of being ordered to comply with
conflicting but equally binding decisions. The employer is
therefore placed in a position of "double jeopardy" in the sense
that the employer may have to defend his actions before two
001 cl
MAY 1984 oe Se
49
Discussion (continued):
separate quasi judicial authorities which have differing terms of
reference and parameters of review. Opportunity for appeal which
exists in both routes merely compounds the problem. It was
recommended to the Select Committee that the Government take
whatever legislative and/or policy action as is required to
ensure that wherever an employee has protection under a
collective agreement the employee would 1) process his grievance
through to arbitration, if necessary under the collective
agreement only, 2) exercise whatever grievance and arbitration
options he may have under a collective agreement or options he
may have under the Health and Safety Act, but not both, or 3)
that the requirements under The Occupational Health and Safety
Act assume precedence over the collective agreement.
In discussing this concern with the Occupational Health and
Safety Division, the Select Committee learned that the
Occupational Health and Safety Division would investigate the
complaint and may give precedence to the resolution of a
complaint within the appropriate terms of a collective agreement.
Where a collective agreement does not exist the worker may file a
complaint with an officer as is currently provided for under the
new section 28.1.
However, the Select Committee believes that this legal protection
must be provided to all workers irrespective of the existence of
a collective agreement. The complaint must be considered as a
matter of safety under this Act and not a matter of arbitration.
Concern was expressed to the Select Committee that the Act does
not provide for dealing with frivolous, questionable or
O01 er
eres ES | en ce or /50
50
Discussion (continued):
illegitimate instances arising out of the obligation of a worker
to refuse to carry out work where he believes there exists an
imminent danger. However, section 27 of the Act requires the
worker to notify his employer at the work site of his refusal and
the reason for his refusal. After the employer has investigated
the circumstances, should the matter be unresolved, the
Occupational Health and Safety Division should be notified. An
officer will be sent to the site to conduct an investigation and
render a judgement. If either party disagrees with the officers
decision or order, that party can appeal to the Occupational
Health and Safety Division and subsequently to the Occupational
Health and Safety Council.
Occupational Health and Safety Officers of the Occupational
Health and Safety Division are members of the Alberta Union of
Provincial Employees. In light of the powers given to officers,
under section 7 of the Act, covering restitution matters, the
Select Committee received a recommendation that to prevent
any accusations of conflict of interest the Occupational
Health and Safety Officers should not be members of the
Alberta Union of Provincial Employees.
Submission:
Amend section 28.1 that, where a collective agreement exists, a
worker will process his grievance under the collective agreement
only and not have further access to this section of the Act.
Recommendation:
The Select Committee recommends that the Act not be amended as
proposed.
001 cl
MAY 1984000 ee oi
51
Submission:
Occupational Health and Safety Officers should be excluded from
membership of the Alberta Union of Provincial Employees.
Recommendation:
The Select Committee was not made aware of any evidence of
complaint that such conflict of interest has taken place and does
not agree with this submission.
Section 30 - Administration Costs
Q)
For the purpose of defraying part of the costs of
administering this Act,
(a) the Minister shall, if authorized by the regulations,
make assessments on employers, or
(b) The Workers' Compensation Board shall, if an agreement
is entered into under subsection (2)(b), pay to the
Provincial Treasurer such amounts as may be prescribed
by the Lieutenant Governor in Council.
The Minister and The Workers' Compensation Board may enter
into an agreement under which the Workers' Compensation Board
is required to either
(a) collect on behalf of the Crown in right of Alberta
assessments made on employers by the Minister, or
(b) pay to the Provincial Treasurer such amounts as may be
prescribed by the Lieutenant Governor in Council.
Discussion:
Approximately 50% of the programs and services of the
Occupational Health and Safety Division are reimbursed to the
001 cl
MAY 1984 442. ey fay
52
Discussion (continued):
government from assessments made on employers by the Workers’
Compensation Board. The proportion of the Occupational Health
and Safety Division funded this way includes 90% of the costs of
services related to inspection (excluding Mines Inspection) and
education and training services. The balance of the expenditures
of the Occupational Health and Safety Division are provided by
the general fund of the province. This funding arrangement is
authorized under section 30 of The Occupational Health and Safety
Act. This arrangement is based on a recommendation of the
Industrial Health and Safety Commission, that the budget of the
Occupational Health and Safety Division be made up of
contributions both from the General Revenue Fund as well as from
the payments made by the employers on assessment by the Workers'
Compensation Board.
The problem outlined to the Select Committee concerns the
equitable apportion of these assessments among various assessment
classes. The formula currently used by the Workers' Compensation
Board is based on the hours of services provided in the form of
inspection and education. While such hours of service are useful
as a proxy for apportionment of the service provided it is a
mistake to express or imply the cost of the Division services in
terms of dollars per hour of inspection or training. The total
cost of inspection and education services includes many other
activities than those upon which the formula is based.
Submission:
Amend section 30(1) to also authorize the Minister to make
assessments on employees.
O01-e1
MAY 1984
oS
Recommendation:
The Select Committee rejects this proposal.
Submission:
The Occupational Health and Safety Division should be completely
funded from the Provincial General Revenue.
Recommendation:
The Select Committee does not agree with this proposal.
Submission:
Allocate a fixed percentage of each Workers' Compensation Board
industry assessment towards the costs of the Occupational Health
and Safety Division, and to also include self insured employers
and the mining industry.
Recommendation:
The Select Committee recommends that the method of raising funds
be reviewed and that consideration be given to the application of
a fixed percentage of assessments.
Section 32 - Offences
(1)
A person who contravenes this Act or the regulations or
fails to comply with an order made under this Act or the
regulations or an acceptance issued under this Act is guilty
of an offence and liable
(a) for a first offence,
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54
Section 32 - Offences
(i) to a fine of not more than $15,000 and in the case
of a continuing offence, to a further fine of not
more than $1,000 for each day during which the
offence continues after the first day or part of a
day, or
(ii) imprisonment for a term not exceeding 6 months,
or to both fines and imprisonment, and
(b) for a 2nd or subsequent offence,
(i) to a fine of not more than $30,000 and in the case
of a continuing offence, to a further fine of not
more than $2,000 for each day or part of a day
during which the offence continues after the first
day, or .
(ii) to imprisonment for a term not exceeding 12 months,
or to both fines and imprisonment.
-_
i)
~—
Notwithstanding subsection (1), a person who fails to comply
with an order made under section 8 or as varied under
section 11 is guilty of an offence and liable to a fine of
not more than $15,000 or imprisonment for a term not
exceeding 12 months or to both fine and imprisonment.
Discussion:
The Select Committee reviewed current penalties for contravention
of occupational health and safety legislation in Canada. The
penalties under the Alberta Occupational Health & Safety Act are
consistent with those of other jurisdictions. The Select
Committee further noted that the provisions of this section have
not restricted the courts in dealing with offences, and while
there appears to be an increase in the amounts of the fines
levied, the average level is well below the current maxima.
Submission:
Increase current penalties.
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MAY 1984 “ls Deh
55
Recommendation:
The Select Committee recommends that the maximum penalties should
remain at $15,000 for a first offence and $30,000 for the second
offence. At
Submission:
Establish minimum penalties for violations resulting in the death
or serious injury of a worker.
Recommendation:
The Select Committee believes that the penalties under The
Occupational Health and Safety Act combined with appropriate
penalty assessment provisions of the Workers' Compensation Act
sufficiently address this concern.
Submission:
That a system of sanctions based on section 108 and 109 of the
Workers! Compensation Act be applied to employers who contravene
the requirements of The Occupational Health and Safety Act.
Recommendation:
This submission should be considered in conjunction with the
review of the merit and superassessment system of the Workers’
Compensation Board.
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56
OCCUPATIONAL HEALTH SERVICES
The report of the 1979 Select Committee recommended that, "Means
of developing occupational health services must be considered a
priority for the Minister responsible for Workers' Health, Safety
and Compensation." The Select Committee noted that some of the
larger companies provide occupational health services to varying
degrees, but that the majority of workers are employed at small
work sites and are unable to be provided with occupational health
care on a continuing basis. The problems of establishing
effective occupational health programs, discussed in that report,
exist today.
Provision is made in The Occupational Health and Safety Act for
making regulations governing occupational health services to be
provided at work sites and governing the requirements to be met
by persons providing such services. No regulations have yet been
prepared.
Legislation providing for occupational health services at or to
work sites exists in Manitoba, New Brunswick, Quebec and
Saskatchewan.
Submission:
That legislation be drafted to ensure that comprehensive
occupational health care be provided for all Alberta workers
considered to be at risk.
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MAY 1984 920@ 0 ences Lot
57
Recommendation:
It is recommended that a position paper be prepared to:
a) examine methods currently used in Canada to provide
occupational health services to small business.
b) to estimate the need for such services in Alberta.
c) to explore current availability of manpower and financial
resources.
d) to determine projected costs and manpower requirements.
e) to suggest mechanisms to meet financial and manpower needs,
and
f) to propose legislation relevant to the development of such
occupational health services.
INDUSTRY SAFETY ASSOCIATIONS
Discussion:
The concern expressed by employers and employer organizations
over the increasing costs of industrial injuries has been
addressed in part by these representatives in recommending
increased opportunities for industries to participate
collectively in joint accident prevention initiatives.
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58
INDUSTRY SAFETY ASSOCIATIONS (continued)
This has taken the form of recommending the establishment of
industrial sector safety associations financed through
assessments collected by the Workers' Compensation Board.
In recognizing the responsibilities of employers in injury
prevention education, industry representatives have proposed that
through collective efforts such associations can augment the
resources currently available through the Occupational Health and
Safety Division and large employers within the industry sectors.
In further support representatives have argued that adoption of
their recommendation will institute a means of providing
preventive education responsive to industry needs, the ability to
pool scarce resources from similar industries, to utilize
economies of scale, to provide more opportunities to smal]
employers, and to utilize an equitable source of
revenue for programs and program development. They have also
proposed that these associations be independent of government
control and accountable to a board of directors appointed by the
respective industry sectors. Several representatives have
pointed to the Accident Prevention Associations of Ontario as
examples of their recommendation.
In Ontario the nine accident prevention associations are
established at the request of employers under a section of the
Workers’ Compensation Act of that province. The earliest
association was formed in 1914 and the latest in 1973 and all
hold Letters of Patent under the Ontario Companies Act. It is
estimated that half of the 4 million employed labour force of
Ontario is covered by the services of an Accident Prevention
Association.
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Ss
INDUSTRY SAFETY ASSOCIATIONS (continued)
In Alberta there are 16 active voluntary industrial safety
councils. They have no formal funding arrangements but may have
occasional special small funding arrangements for administrative
purposes through levies on their members. The Alberta
Association of Industrial Safety Councils provides a central
forum for liaison purposes amongst the councils and with the
Occupational Health and Safety Division.
Prior to 1976 and the enactment of The Occupational Health and
Safety Act, The Workers' Compensation Act of Alberta contained a
section identical to that contained in The Ontario Workers'
Compensation Act authorizing that employers may form themselves
into associations for the purpose of education in accident
prevention. Although voluntary industrial safety councils have
been in existence in Alberta for many years only two, namely, the
Alberta Trucking Association and the Canadian Association of
Oilwell Drilling Contractors took meaningful advantage of this
provision. The Alberta Workers' Compensation Board paid the
Salary and expenses of an expert for the purpose of education in
accident prevention to the Alberta Trucking Association and made
grants to the Canadian Association of Oilwell Drilling
Contractors that it considered proper towards programs directed
to accident prevention.
In each case the monies expended were recovered from the
appropriate class accident fund. The Occupational Health and
Safety Division continued these expenditures until 1981 at which
time they were terminated.
The Select Committee met with representatives of the Safety
Associations and the Workers' Compensation Board of Ontario and
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60
INDUSTRY SAFETY ASSOCIATIONS (continued)
reviewed administrative and financial arrangements
applicable to the Associations and the range of services provided
to the workers and employers of that province. The Select
Committee reviewed information on previous studies on the
operation of the Safety Associations and noted the changes being
implemented. While recognizing in principle the advantages that
will be gained from bilateral collective industrial activities
through similar industry based Associations in Alberta, the
Select Committee believes that the Minister responsible for
Workers' Health, Safety and Compensation must carefully assess
such issues as scope, administration, funding, activities and
accountability prior to effecting appropriate legislation.
Submission:
Make industry safety organizations with their own boards of
directors, staff, volunteers and programs, eligible for Workers'
Compensation Board funds assessed on all employers' accounts in
that industry, at a rate negotiated for that purpose.
Recommendation:
The Select Committee recommends that the Occupational Health and
Safety Division in co-operation with the Workers' Compensation
Board prepare a position paper that will address the scope,
membership, financial and program issues and distribute the paper
to industry and labour for full review and discussion with the
Occupational Health and Safety Division and the Workers'
Compensation Board. It is further recommended that following the
discussions a full report with recommendations be forwarded to
the Minister responsible for Workers' Health, Safety and
Compensation.
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61
FARM SAFETY
In 1977, the Occupational Health and Safety Division, in
co-operation with Alberta Agriculture, established a farm safety
program. The objectives of this program were educational with
the focus on the family farm. In co-operation with the rural
hospitals a farm accident monitoring program provided a
statistical basis for remedial activities.
A review of farm accidents dnd injuries was undertaken by the
1979 Select Committee on Workers' Compensation. This Select
Committee recommended that the Minister responsible for Workers'
Health, Safety and Compensation hold discussions with appropriate
government departments, farmers, agricultural organizations and
all other interested parties towards establishing suitable
accident and disease prevention programs in the farming industry.
Submissions by farm groups to the Minister favoured educational
and incentive programs over enforcement programs. These groups
also felt that governments should encourage manufacturers to
design and construct safer farm equipment.
Following these hearings and submissions it was considered that a
more direct program of safety education to farmers should be
incorporated within the Department of Agriculture. On April 1,
1983, the farm safety program was transferred to Alberta
Agriculture.
Effective April 4, 1983, British Columbia included farming and
ranching under compulsory Workers' Compensation coverage. The
British Columbia Workers' Compensation Board indicated that
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62
FARM SAFETY (continued)
emphasis would be placed on educating the farmer and farm worker
about health and safety, and that on an experimental basis, for a
one year period, the farming industry will not be covered by the
industrial health and safety regulations. This decision has been
challenged by the British Columbia Federation of Labour which has
petitioned that province's Supreme Court to overturn this |
decision.
The Select Committee heard that regarding farm implements and
equipment, the fault of most accidents does not lie with the
manufacturer of agriculture equipment. The manufacturer has
Stressed safety and designed equipment with operator safety in
mind. The responsibility of safety is then left in the hands of
the operator. Most agricultural related accidents happen where
safety shields have been removed, or while making adjustments on
moving equipment. However, new equipment comes fully equipped
with all necessary safety features and warning signs. In
observing used farm machinery sales lots and auction sales, one
finds equipment stripped of factory safety features.
Submission:
Legislation be passed to make it an offence to remove safety
equipment for convenience in operating, or to sell equipment with
Safety features removed, and to make the owner liable for his
negligent actions.
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63
Recommendation:
The Select Committee perceives this submission does not fall
within the mandate of The Occupational Health and Safety Act but
recommends that the Minister responsible for Workers' Health,
Safety and Compensation refer this submission to the Minister of
Agriculture who now holds responsibility for farm safety
programs.
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REPORT OF
THE
SELECT COMMITTEE OF
THE LEGISLATURE
ON
WORKERS' COMPENSATION
64
SUMMARY OF RECOMMENDATIONS
Worker's Compensation
The Select Committee recommends that:
1. in view of the concerns expressed about the current wording
of section 1(1)(v), dealing with the definition of
proprietor, this section be reworded for clarification and
part (A) of the present definition be deleted.
2. section 2 be amended to provide for the appointment of a
Vice-Chairman of the Workers' Compensation Board.
3. section 9 be amended to provide that foreign based workers
on temporary assignment in Alberta be exempted from
coverage.
nd) section 10 be amended so that partners in a
partnership, proprietors or directors who failed to
obtain personal coverage are clearly not considered
workers for the purposes of The Workers' Compensation
Act.
(b) the payroll reporting forms and information booklets
supplied to employers by the Workers’ Compensation
Board be reviewed to ensure they clearly state that
an employer who has not obtained coverage under
section 10 of The Workers' Compensation Act, may not
be protected from lawsuit.
5. in order to clearly differentiate workers from "proprietors"
performing work for, or on behalf of principal contractors,
section 11 be amended to provide that individuals or classes
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65
5. (continued)
of individuals performing work exclusively for, or for the
benefit of a principal be deemed to be workers of that
principal unless they have been deemed by the Workers’
Compensation Board to be proprietors and have obtained
persona | coverage under The Workers' Compensation Act.
6. section 19 be amended to confirm that where light work for
which the worker is medically suitable is available
compensation should not be paid unless in accepting such
employment, the worker suffers a loss of earnings.
7. The Workers' Compensation Act be amended to provide that
where the accident was caused by a crimina! act of the
worker, and the worker has been found guilty of criminal
charges relating to that criminal act, entitlement to
compensation be terminated and costs paid by the Workers’
Compensation Board may be recovered as an overpayment.
8. soa) section 21(1)(a) be amended in order to provide for
payment of compensation on behalf of a seriously
injured worker who is unable to complete a claim.
(b) section 21(2), be amended by addition of the words
"regardless of the date of the accident,"after the
words "prescribed by subsection (1)."
9. the statutory reporting period under section 28 be increased
to 3 days to give the employer an opportunity to investigate
the facts prior to submission of a report.
10. section 28 be amended to require that all claims questioned
by employers be promptly investigated by the Workers'
Compensation Board in order to expedite a decision.
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MAY 1984. 00 0 nee /66
66
1 esa) a subsection be added to section 29 requiring that a
hospital or other treating agency which provides
treatment services to an injured worker shall forward
reports to the Workers' Compensation Board on
request, and
(b) the words “or other treating agency" be inserted into
section 29(3) after the word "hospital" on the second
line.
12. section 31 be amended to require that immediately upon
returning to any form of employment, a worker in receipt of
temporary disability compensation payments must notify the
Workers' Compensation Board of having done so.
13. to enable the Workers' Compensation Board to withhold
benefits, if a worker does not submit to examination under
Section 34, without the need for an employer to submit an
application for it to do so, and to eliminate wording which
does not affect the provision of section 34(3):
(a) the phrase "on the application of the employer" be
deleted from the second line of section 34 (2), and
(b) the phrase "and to no other person" be deleted from
section 34 (3).
14. in dealing with appeals of adjudicative decisions of the
Workers' Compensation Board:
(a) medical advisory services be available to the Claims
Services Review Committee and members of the medical
staff be invited to serve as a member of the
Committee should the need arise.
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67
14. (continued)
(b)
15. (a)
in all cases of appeal, the employer be given
sufficient notice and time to submit representation.
if an employer's appeal is successful, the recovery
of all payments made to or on behalf of the worker be
undertaken.
section 42, governing lump sum payments, be amended
to provide workers and dependants the option of
accepting lump sum payments instead of monthly
pension payments for new and existing awards,
regardless of the date of the accident, and
where a worker or dependant requests the lump sum
option, the implications of that choice be fully
explained and payment be withheld for at least 30
days to give the worker or dependant sufficient
opportunity to reconsider the request.
16. in order to facilitate the previous recommendation and for
clarification of wording, section 42 be amended as follows:
(a)
OT cl
MAY 1984
reword subsection (1) to read "under this or any
previous Act" instead of "under this Act.", and
in subsection (2), after the words "Parts 4 and 5"
add "of this Act, or because of a change in
disability.", and
rescind subsection (3), and
68
16. (continued)
(d) in subsection (4), after the words "gave rise to the
right of compensation" add "excepting where the Jump
Sum payment is awarded under the provisions of
section 64(3)
17. section 47 be amended to provide that if a worker who is
entitled to compensation under the Alberta Workers'
Compensation Act leaves Alberta and resides in another
jurisdiction, the Alberta Workers' Compensation Board may
continue paying compensation if:
(a) the worker arranges for provision of satisfactory
medical evidence confirming the continuance of
disablement, and
(b) the Workers' Compensation Board is satisfied the
period of disablement is not prolonged by the actions
of the worker in leaving Alberta, or
(c) the worker has been granted an award for permanent
disability arising out of the accident.
18. in view of problems arising out of the current wording, and
in view of concerns expressed by the Auditor General:
(a) section 51 be amended to permit the worker's
compensation rate to be set in such manner as, in the
opinion of the Workers' Compensation Board, best
reflects the earning capacity of the worker prior to
the injury, and
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69
18. (continued)
(b)
appropriate guidelines for setting compensation rates
be developed by the Workers' Compensation Board for
inclusion in the Workers' Compensation Board's policy
manual.
19. in the granting of new disability awards under sections 51
through 5/7:
(a)
disabled workers be given the option of accepting
lump sum payments instead of monthly pension
payments, regardless of the date of the accident.
where a worker requests the lump sum option the
implications of that choice be fully explained and
payment be withheld for at least 30 days to give the
worker sufficient opportunity to reconsider the
request.
The timing of implementation of new policies with
respect to lump sum awards must have regard for
funding implications.
20. for consistency in granting earnings loss supplements in
cases of partial disability, whether temporary, or
permanent:
section 60 be amended by deletion of the word "temporary"
from the first line, and replacement of the words "any
pension he is receiving under this Act" with "any pension he
is receiving under this, or any previous Act."
001 cl
MAY 1984
ele
Wes
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24.
70
in view of the intent of section 63 to provide awards in all
appropriate cases where disfigurement has resulted from the
accident, the words "in recognition of an impairment of
earning capacity caused by the disfigurement or other
injury" be deleted from this section.
in keeping with recommendations 15 and 19 with respect to
lump sum payments of pension awards, sections 64 to 69 be
amended to provide that:
(a) with respect to fatal accidents occurring on or after
January 1, 1982, any dependent spouse receiving
periodic pension payments be given the option of
accepting a lump sum payment.
(b) with respect to fatal accidents occurring prior to
January 1, 1982, any dependent spouse in receipt of a
periodic pension should be given the option of
accepting a lump sum payment.
(a) where a dependant requests the lump sum option the
implications of that choice be fully explained and
payment be withheld for at least 30 days to give the
dependant sufficient time to reconsider the request.
section 69 be amended to provide that where the children
reside with two or more foster parents the Workers'
Compensation Board may divide the amount payable to a foster
parent proportionately among them according to the number of
children cared for by each of them.
the words "dependent spouse" be deleted from section 72 (a)
to permit payment to other persons who accept responsibility
for burial arrangements.
001 cl
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25. section 74 be reworded to clarify that the total amount
payable to a worker under this section may not exceed the
maximum amount provided by General Regulation 23.
26. with respect to payment for treatment services for injured
workers:
Alberta Hospitals and Medical Care provide all
information required by the Workers' Compensation Board
to enable it to properly identify billings for
compensable injuries and diseases in order to charge
costs to the correct employer accounts.
The Select Committee concurs with the agreement whereby
effective April 1, 1984 all hospital accounts relating to
treatment of Workers' Compensation cases are submitted
directly to the Workers' Compensation Board for processing
and payment.
The Select Committee urges that efforts be continued to
minimize problems and concerns arising out of payment for
treatment services rendered to Workers' Compensation
patients.
27. in all cases, the employer should be required to transport
an injured worker to a place where appropriate treatment may
be provided, therefore,
(a) section 82(1)(a) should be deleted, and
(b) section 82 should be amended to provide that the
Workers' Compensation Board may relieve the
employer's accident experience record of any added
costs resulting from refusal of treatment.
O015el
MAY 1984 Ie:
(aay
29.
30.
Syke
Bae
We
in order to encourage efforts to rehabilitate workers
through "on-the-job training programs", section 83 be
amended to provide that workers engaged in Workers’
Compensation Board sponsored "on-the-job training programs"
with employers who are not covered by The Workers' -
Compensation Act are workers of the Workers' Compensation
Board while so engaged.
in order to provide flexibility in arranging mutually
acceptable contracts between the Workers' Compensation Board
and the Provincial Treasurer, if the need arises, the words
"or under such other terms as the Provincial Treasurer may
require" be added to section 85 (3) after the word "Part" on
the last line.
there be a requirement in section 87 for comparative
administrative budgeting for the Workers’ Compensation Board
with two year projections and publication of the Workers'
Compensation Board's annual administrative budget with
variance analysis.
in relation to section 89, the Workers' Compensation Board
policies with respect to cost relief to employers'
experience accounts and in relation to mutuality reserves be
examined in conjunction with development of a rate
differential incentive system (see also recommendation 34.).
with respect to contributions by the Workers’ Compensation
Board to funding for the Occupational Health and Safety
Division and accident prevention associations:
(a) assessments upon employers for the purposes of
section 93 should be by way of a percentage of the
assessable payroll and the practice of determining
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T3
32. (continued)
assessments for this section on the basis of the
Occupational Health and Safety Division's activity
statistics should be discontinued, and
(b) a joint position paper on the funding of industry
associations should be prepared by the Workers'
Compensation Board and the Occupational Health and
Safety Division for distribution to representatives
of industry and labour who should be invited to
discuss the contents with representatives of the
Workers' Compensation Board and the Occupational
Health and Safety Division. Following discussions, a
report with recommendations should be forwarded to
the Minister responsible for Workers' Health, Safety
and Compensation.
33. as the accident prevention activities which were formerly
the responsibility of the Workers' Compensation Board have
been transferred to the Occupational Health and Safety
Division:
(a) section 107, dealing with conformance of the
employers' ways and equipment to standards, be
rescinded, and
(b) the provisions of sections 108 and 109, authorizing
penalties for failure to comply with The Occupational
Health and Safety Act, be transferred to The
Occupational Health and Safety Act and appropriately
worded for inclusion therein.
001 cl
MAY 1984
34,
30%
36.
74
(a) with respect to section 110, the Workers'
Compensation Board eliminate the existing merit
rebate and super assessment systems as soon as a rate
differential incentive system can be developed, and
(b) the Workers’ Compensation Board should continue its
efforts to reduce the number of rating
classifications. |
in order to aid in the identification of proprietors with
valid coverage and control their assessment liabilities
section 123 be amended to provide that:
(a) proprietors seeking coverage be required to prepay
non-refundable assessments for a minimum of three
months.
(b) identification cards be issued to proprietors
confirming the period for which they have obtained
coverage, and
consideration be given to improvement of Workers'
Compensation Board communications by providing a dedicated,
computerized library service with respect to proprietors and
other individuals who have obtained personal coverage, so
that this information will be more readily available.
in order to assist in collection of unpaid assessments from
employers who assign their book debts, section 126 be
amended to give the Workers' Compensation Board priority
right of claim against book debts assigned by delinquent
employers.
001 cl
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1s
37. in view of the number of representations requesting greater
access to information in the Workers' Compensation Board
files, section 141 be amended to provide that:
(a) the relevant information pertaining to the issue
under appeal be made available to the worker, a
dependant of the worker, the employer, or assignees
of any of them from the Workers' Compensation Board
claim file.
(b) this change apply to only reports and information
received after the date on which this amendment is
approved.
38. the industries for which workers' compensation coverage is
optional, listed in Schedule A of the General Regulations,
be redefined for clarification.
39. the procedures to be followed with respect to appeals should
be clearly set out in the policy manual of the Workers'
Compensation Board.
40. for consistency, and to eliminate the need for separate
periodic revisions, the Regulations be amended:
(a) to provide travel and appearance allowances for
witnesses and workers requested by the Workers'
Compensation Board to appear for medical examination,
interview, or appeal.
(b) to eliminate dollar amounts where they appear in
Regulation 21 and provide that under subsections
(c)(i) and (e) payment is to be made generally in
keeping with provisions for provincial government
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MAY*1984¢ 6 0 ee /76
40.
4).
42.
43.
44.
45.
76
(continued)
employees, whereas under subsection (d) the amount of
the per diem allowance will be in keeping with the
policy of the Workers' Compensation Board.
in accordance with recommendation 24, the words "dependent
spouse" should be deleted from General Regulation 22
paragraph (a).
GENERAL RECOMMENDATIONS
For clarification of the present legislation and removal of
redundancies therefrom (housekeeping) the Select Committee
recommends that:
the provision of section 1(1)(y)(ii) of the definitions, for
the deeming of a person to be a worker, be incorporated into
section 1l.
(a) at the end of section 54, after the word "accident"
the words "regardless of the date on which the
accident occurred" be added, and
(b) the first line of section 55 be amended to read
"under this or any previous Act", instead of "under
CHISvACE.
the words "regardless of date of accident" be added
following "The Board may" in section 73(1).
section 84 be amended by adding the words “including
assigned or apportioned costs" after the word
“compensation'.
001 cl
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a)
46. section 87 (4) be amended as follows:
(a) replace the words "pension accounts" with
"ljabilities", and
(b) replace the words "laid before the Legislative
Assembly in the same manner as an annual report under
subsection (3)" with “and included in the annual
report of the Board".
47. the provision of sections 90(2) and (3), modifying the
calculation of the apportionment of the cost of fatal
awards, be transferred to the General Regulations (see
General Regulations 17 and 18).
48. (a) the words "allowing for any surplus or deficit in the
class" be deleted from section 91(1).
(b) the words "in an industry" be replaced by "of
industries" in section 91(2)(a).
(c) in section 91(2)(b) the words "or types of coverage"
be inserted after the words "different kinds of
employment."
(The Select Committee is aware that the assessment system of
the Workers' Compensation Board is currently under review
and an independent consultant has been engaged to assist in
that regard).
49. the words "different classes of work" in section 103 be
deleted and replaced with the words "different types of
work".
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MAY 1984 0 /78
50.
‘51.
Lye
syoP
54.
78
the words "class or subclass of" be deleted wherever they
appear in section 104.
the reference to section 145 be deleted from section 120.
section 129 (3) be amended to provide for use of metric
measurement where applicable.
general Regulation 18 be amended by inserting the word
"fatal" before the word "accident" on the first line.
NEW FACILITIES
Having reassessed its administrative and rehabilitation
requirements, the Workers' Compensation Board has
recommended that work on the proposed new facilities cease
upon completion of the design development and preparation of
the contract documents.
The Select Committee supports this recommendation.
001 cl
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79
- INTRODUCTION -
The first Alberta Workmen's Compensation Act came into effect on
September 1, 1908. As a replacement for The Workmen's
Compensation Ordinance of the Northwest Territories (1900) and
based largely on the English Workmen's Compensation Act of 1897,
the Alberta legislation of 1908 was intended to serve as a means
of (1) eliminating negligence as an issue in determining
liability for industrial accidents and (2) reducing the frequency
with which claims for compensation were settled in the law
courts.
Although it represented a considerable improvement over previous
legislation, the 1908 Workers' Compensation Act did not fully
accomplish its intent. Adjudication remained the responsibility
of employers and private insurance companies. Matters in dispute
continued to require settlement in the courts and, in many cases,
the expense and uncertainty of litigation imposed real hardship
on the injured worker.
In 1918, the Government of Alberta legislated a new Workmen's
Compensation Act which eliminated virtually all industrial
accident liability litigation by establishing a statutory
corporation, operated by a Board vested with total administrative
responsibility and empowered with finality of decision. That
Workmens' Compensation Act also embodied certain fundamental
principles which were generally accepted at that time and
continue as the foundations of the current legislation. Among
the most important of these principles are:
(i) Provision of prompt and appropriate treatment for injury
arising out of and in the course of the employment.
OU
MAY 1984 /80
(ii)
(vi)
An awa
appoin
1929.
accide
80
INTRODUCTION (continued)
Protection of the injured worker to a reasonable degree
from loss of earnings because of inability to work as a
consequence of the accident.
Assistance to surviving dependants of a worker fatally
injured by accident arising out of employment.
Some financial recognition of permanent physical
impairments resulting from industrial accidents.
Acceptance of the premise that, on the basis of collective
employer liability, industry should be totally responsible
for accidents arising out of and in the course of
employment and should fully bear the resulting costs as an
expense incidental to production.
Elimination of blame as a determinant of entitlement to
benefits and an extension of the "no fault" principle to
both worker and employer. Just as the worker should not be
denied benefits because of contributory negligence or other
fault (except "serious and wilful misconduct"), the
employer should not be subject to a claim by the worker
through the courts for contributory negligence or other
fault.
reness of the importance of accident prevention led to the
tment of the first full-time Accident Prevention Officer in
Subsequently assuming the level of a department, the
nt prevention function remained an arm of the Alberta
Workers' Compensation Board until the transfer of that
001 cl
Reece Ae aa es /81
81
INTRODUCTION (continued)
responsibility to the Department of Labour in 1976. Since then,
the administration of accident prevention programs in Alberta has
been the responsibility of the Division of Occupational Health
and Safety.
The realization that the payment of compensation alone was not
always the solution to the problems of a disabled worker led to
the establishment in 1952 of the Workmen's' Compensation Board's
Vocational Rehabilitation Department.
The setting up of the Vocational Rehabilitation Department
coincided with the completion of the Rehabilitation Centre.
Located in Edmonton, the Centre provides for the injured worker a
wide range of medical, psychological and assessment services.
In keeping with the times, the name of the Workmen's Compensation
Board was changed to the Workers' Compensation Board in 1973.
Effective January 1, 1982 maximum compensation was increased to
90 per cent of net wages based on maximum gross earnings of
$40,000.00. At 90 per cent of net earnings, based on this
figure, the maximum amount of compensation payable for earnings
loss in 1984 is $2,236.11 per month.
In recent times, the cost of compensation has escalated because
of an environment of increasing inflation and in most
jurisdictions there have been strong representations to
re-examine the legislation and its administration. Alberta is
not an exception.
001 cl
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82
INTRODUCTION (continued)
The growing cost of benefit programs such as Workers'
Compensation, Unemployment Insurance, Canada Pension Plan, Long
Term Disability Plan, etc., led to the establishment in 1982 of
the Joint Federal-Provincial Task Force for the Study of a
Comprehensive Disability Pragram. The objectives of the study
may be simply stated as:
(i) Identification of a means whereby existing programs may be
integrated for delivery of all benefits through a single
vehicle, e.g. Workers' Compensation Board, Canada Pension
Plan, etc.
(ii) Ensuring in design that benefits may be paid to earners and
non-earners through whatever system may prove to be
feasible.
The Select Committee is aware of the preliminary report of the
Task Force relating to this study.
001 cl
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83
SUMMARY OF SUBMISSIONS AND RECOMMENDATIONS
Presented hereunder is a summary of areas of concern raised in
the submissions to the Select Committee of the Legislature on
Workers! Health, Safety and Compensation. In each case the area
of concern will be identified with some background comments,
followed by a summary of the submissions received and the
recommendations of the Select Committee.
DEFINITIONS
Section 1(1) - Accident
TCP chy thisrAce.
(a) "accident" means an accident that arises out of and occurs
in the course of employment in an industry to which this Act applies
and includes
(i) a wilful and intentional act, not being the act of the
worker who suffers the accident,
(ii) a chance event occasioned by a physical or natural cause,
(iii) disablement, and
(iv) a disabling or potentially disabling condition caused by
an occupational disease;
Comment
"Lotd McNaughton said the expression "accident" is used in
the popular and in the ordinary sense of the word, as
denoting an unlooked for mishap or an untoward event which
is not expected or designed."
* Honorable C. W. Cross to the Alberta Legislative Assembly
February 15, 1908.
O0l se}
MAY=T984*** eee /84
84
Comment (continued)
All Workers' Compensation jurisdictions in Canada: use the
term "accident" to describe the work related event or
circumstance leading to entitlement to compensation
benefits. At this time the definitions are essentially the
same in all Provinces except for Alberta. In Alberta the
definition includes "...a potentially disabling condition
caused by an occupational disease; ..."
The purpose of this inclusion is to permit early
intervention by the Workers' Compensation Board as a
preventive measure to assist in transferring the worker to
employment in an environment where contact with harmful
substances may be avoided, thereby preventing further
development of the disease. All jurisdictions include
disablement arising out of and in the course of employment.
Submissions
- Change "accident" to read "claims".
- Exclude disablement.
- Revise to include captive employment situations.
Recommendations
The Select Committee notes that the current definition of
"accident" is in keeping with the meaning of the word as
*
contained in the dictionary reference. Accordingly, the Select
Committee does not recommend any change to this definition.
* Concise Oxford Dictionary
001 cl
MAY oCG ge aS /85
85
f
Sections. 1(1)(c),.1(1) (a) cendaiCh ys
Child, Dependent Child and Spouse
LCi)
"child" includes a child born out of wedlock, a grandchild,
the child of a spouse by a former marriage, and any other child
to whom the worker stood in loco parentis;
1(1)(g)
"dependent child" means a dependent child who is under
the age of 18 years;
1(1) (3)
For the purposes of this Act, "spouse" includes a common law
spouse who cohabited with the worker for
(a) at least the 5 years immediately preceding the worker's death,
or
(b) at least the 2 years immediately preceding the worker's
death, if there is a child of the common law relationship,
but if, at the time of the worker's death there is also a legal spouse
of the worker, then
(c) if the legal spouse is a dependent legal spouse, that spouse
is the dependent spouse for the purposes of a pension under
section 64,
(d) if the legal spouse is not a dependent legal spouse, the common
law spouse is the dependent spouse for the purposes of a pension under
section 64, and
(e) nothing in this subsection affects the rights under this Act
of dependent children of either relationship.
Comment
The existing definitions do not create any administrative or
interpretive problems.
001 cl
MAY 1984 efee 2 00
86
Sect 0nsal Ul) (e)5 (Gg) and 1(1/)(3)
Child, Dependent Child and Spouse (continued)
The definitions of child and dependent "Child" under the
Canada Pension Plan legislation are essentially the same in
concept as the definitions under the current Alberta
Workers' Compensation Act.
Under the Canada Pension Plan legislation the term "spouse"
is not defined nor is “widow" although a number of
prerequisites peculiar to that legislation are stated with
respect to widows’ benefits.
Submissions
Submissions received by the Select Committee suggested that the
definitions of the terms "child" "dependent child" and "spouse"
be amended to conform with those given under Canada Pension Plan
legislation.
Recommendations:
The Select Committee does not believe the dependency provisions
of the Canada Pension Plan are appropriate for Workers'
Compensation. Accordingly, the Select Committee does not
recommend any change to the definitions of child, dependent
child, or spouse.
Section 1(1)(i) - Employment
11) G4)
"employment" means employment in an industry;
001 cl
er OO an cai /87
87
Comment
The intent is clearly that, for the purposes of The Workers'
Compensation Act, the term "employment" shall refer only to
employment in an industry to which the Act applies.
Among the various provincial Workers’ Compensation ACUs+
none attempts to define "employment" by a demarcation of
coverage boundaries. The Quebec Workers! Compensation AC Ce
although foregoing a definition of "employment" does,
however, include a definition of the term "workplace" Viz:
""Workplace" means any place in, or at which a person is
required to be present out of or in the course of work,
including an establishment and a construction site."
The Alberta Occupational Health and Safety Act defines
worksite as follows:
""work site" means any location where a worker is
engaged in any occupation and includes any vehicle
or mobile equipment used by a worker in an
occupation."
Submissions
A number of submissions requested that the definition of
"employment" be amended so as to include the definition of
"worksite" as it appears in The Alberta Occupational Health and
Safety Act.
001 cl
MAY 1984
88
Recommendations
The Select Committee recommends that there be no change in this
definition, however, the Workers’ Compensation Board's policies
with respect to determining the circumstances under which
coverage may be extended should be reviewed to ensure they are in
keeping with the intent of ‘the legislation and adhered to in
application. a
Section 1(1)(v) - Proprietor ce
1(1)(v)
"proprietor" means
(i) an individual who owns and operates a business
(A) the intangible assets of which, including goodwill
but excluding any value associated with and attributable
solely to the individual, are not negligible, or
(B) the general business activity of which generally in-
volves working for more than 1 person, and
(ii) any othér individual who is deemed by a direction or
order of the Board to be a proprietor;
Comment
Under previous Workers' Compensation Acts in Alberta the
"independent contractor" who did not employ workers was
automatically considered to be a worker of the principal. This
situation has been a source of concern almost since the inception
of the legislation as evidenced by continuing amendments over the
years, all introduced in the hope of obtaining clarification and
better definition. The problems usually stemmed from the
responsibility of the principal for assessments, which will be
dealt with under Part 6 of this report.
001 cl
MAY 1984 ey eH fo
89
Section 1(1)(v) - Proprietor (continued)
A new dimension was added to existing difficulties with
introduction in the 1973 Workers’ Compensation Act of provisions
for coverage of “independent operators". The intent was to make
coverage available to the large number of entrepreneurs who were
excluded because they neither employed workers, nor contracted
their services to a principal who would be responsible for their
coverage, although they worked in industries which were under The
Workers' Compensation Act. The definition of "independent
operator" was subject to differing interpretations, and many
principals took advantage by deeming their high risk (if not all
their operational) employees to be “independent operators" and
requiring them to seek personal coverage from the Workers'
Compensation Board.
Where such coverage was obtained it was frequently based on
minimum assessable earnings which was totally unrealistic having
regard for the needs of the individuals affected and their actual
earnings. Needless to say, following an accident the disabled
worker was often in serious financial straits and felt cheated by
the system. The 1981 Workers' Compensation Act attempted to
address the problem by striking out the "independent operator"
provisions and replacing them with a new concept of "proprietor"
coverage. While this has resulted in some improvement, the new
legislation is still a concern to a number of employers.
Submissions
A number of submissions to the Select Committee have recommended
rescission of the "proprietor" provisions, restoration of the
previous “independent operator" legislation with revision, or
Simply clarification of definition and differentiation of
"proprietor", "partnership", and "principal".
OO1-e1
MAY 1984 /90
90
Recommendations
The Select Committee recommends that this definition be amended
to read as follows:
1(1)(v)
"proprietor" means an individual who owns and operates a business;
and does not employ any workers in connection therewith; and
(i} the general business activity of which generally involves
working concurrently for more than one person, and
(ii) any other individual or class of individuals deemed by a
direction or order of the Board to be a proprietor.
Section 1(1)(y)(ii) - Deeming a Worker
UT) CCT)
any other person who, under this Act or under any direction
or order of the Board, is deemed to be a worker;
Comment
The argument is given that the act of deeming should be in the
Act proper and not in the definitions.
Submissions
The submitted recommendation is that the deeming provision be
moved to follow section ll.
Recommendation
The Select Committee recommends this provision for deeming a
person to be a worker be incorporated into section 11.
004.c1
MAY 1984 ee ey Ae!
91
PART 1
The Board and the Advisory Committee
Section 2(2) - Continuation and Membership of
the Workers' Compensation Board
2(2)
The Board shall consist of not less than 3 members appointed
by the Lieutenant Governor in Council, 1 of whom shall be
designated as chairman.
Comment
Throughout the Provinces of Canada there are differing
organizational and functional administrative concepts of the
various Workers' Compensation Boards and the role of Board
Members. These varying concepts are reflected in the
numbers of appointees prescribed in legislation, varying
from two or more in Manitoba to fifteen in Quebec.
Generally speaking the number of Board members in any
jurisdiction reflects the degree of delegation of
responsibility to Workers' Compensation Board employees for
the ongoing day to day operations and administration of
other legislation, e.g., Criminal Injuries Act, Occupational
Health and Safety Act.
In Alberta, the Board currently is made up of five members,
including a Chairman and a Vice-Chairman. The
responsibility for the ongoing, day to day operations of the
Workers' Compensation Board has been delegated to the
Chairman as Chief Executive Officer and three Executive
Directors. Each of the Executive Directors is in charge of
001 cl
MAY 1984 [92
92
Section 2(2) - Continuation and Membership of
the Workers' Compensation Board (continued)
one of the specific operational areas, Finance, Claims
Services, Administration. The Members of the Workers'
Compensation Board are primarily occupied with overal]
administration, interpretation of the Act, policy
determination, appeals, and matters referred for
consideration relating to policy or requiring approval by
the Members of the Board as a corporate Board.
Submissions
The size of the Workers' Compensation Board should be increased
to 4, 5, or 7 members.
Amend this section to formally provide for appointment of a Vice-
Chairman by the Lieutenant-Governor through Order in Council.
Recommendation
The Select Committee notes the size of the Workers' Compensation
Board has been increased to five members and no change of
legislation is required in that regard.
The Select Committee recommends the Act be amended to provide for
the appointment of a Vice-Chairman of the Workers' Compensation
Board.
Section 2(3) and 2(4) - Tenure
2(3)
A member of the Board holds office for the period designated
by his appointment but not exceeding 10 years from the effective
date of his appointment.
001 cl
MAYMEo oem ae ee fa3
93
Section 2(3) and 2(4) - Tenure
NO
—
-_
~—
On the expiration of his term of office, a member may be
reappointed.
Comment
There are differing philosophical views concerning length
tenure for Board Members throughout Canada. On the one
hand, it is argued that long tenure results in increasing
experience with an understanding of the complex problems
associated with administration, favouring extension of
of
appointments. On the other hand, it is argued that tenure
should be shortened to bring in new ideas and new
sensitivities to the demands of the ever changing operating
environment.
Submissions
It has been suggested that tenure of Board Members be reduced to
three years for all members or to five years for all members
except the Chairman.
Recommendation
The Select Committee concurs with the appointment of Board
Members for a period of five years and this is in keeping with
the recent appointment of The Board Chairman for a five year
period subject to reappointment.
001 cl
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eeeee
94
Section 8 - Advisory Committee
Kee)
(1) The Lieutenant Governor in Council shall appoint an advisory
committee to the Minister consisting of representatives of employers,
workers, the Board and members of the Legislative Assembly and
may authorize, fix and provide for the payment of remuneration and
expenses to members of the committee.
(2) The advisory committee shall review annually the amount of A
compensation payments being paid in respect of permanent disability
and all compensation payments being paid to dependants, and shall
make their recommendations in that regard to the Minister.
(3) The advisory committee shall, in addition to its duties under
subsection (2), consider and make recommendations to the Minister
on any matters the Minister refers to it.
Comment
See also section 12, Jurisdiction of Board (Page 100).
Submissions
Change the Advisory Committee to a Workers’ Compensation Council
(similar to the Occupational Health and Safety Council).
Expand the size and change the composition to:
- Include industry, labour and the general public.
- Include a Board member.
- Provide medical input.
- Include a member of the Chamber of Commerce.
Expand role.
Submissions in this area varied widely from the suggestion that a
new council should perform a liaison role
O61 scl
MAY 1984 sag) BO
95
Submissions (continued)
between industry, labour and the Workers' Compensation Board, to
suggestions that a new council be interposed between the Office
of The Minister and the Workers' Compensation Board to generally
oversee and control the operations of the Workers' Compensation
Board.
Recommendations
The Select Committee believes the Advisory Committee performs the
functions for which it was established. The Select Committee
recommends that there be no legislative or administrative changes
to the Advisory Committee.
PART 2
Section 9 - Application of Act
2)
(1) This Act applies to al] employers and workers in all industries
in Alberta except the employers and workers in the industries des-
ignated by the regulations as being exempt.
(2) The Board may, on the terms and conditions it considers ap-
propriate, by order declare that this Act applies to the following
classes of persons:
(a) persons temporarily employed in preventing, combatting or
alleviating the effects of any emergency or disaster whether or
not remuneration is paid for that employment;
(b) persons who are engaged on a voluntary basis as firemen,
ambulance drivers, ambulance attendants or in a similar activity
undertaken in the public interest whether or not remuneration is
paid for that activity.
O01 ct
MAY 1984 item eh JO
96
Section 9 - Application of Act (continued)
(3) For the purposes of subsection (2), "disaster" and "emergency"
have the meanings assigned them in The Disaster Services Act.
(4) The Board may, on application by an employer or prospective
employer proposing to engage persons in any volunteer activity in
which the remuneration, if any, is nominal, order that those persons
are deemed to be workers to whom this Act applies.
Comment
On occasion an employer in Alberta may temporarily require
the work of persons in unique occupations to perform
services in Alberta. Often such persons must be brought in
from outside the Province because their employers do not
normally conduct operations or maintain a place of business
in this Province, (e.g. explosives’ experts and oil or gas
well control experts). Where the industry which contracts
the services of such persons comes within the scope of The
Workers' Compensation Act, coverage is automatic, and in the
event of a serious injury or fatality, significant costs are
charged against the experience record of the Alberta
employer and the classification in which that employer is
included.
It is argued that this is an unfair siphoning off of funds
in relation to a worker whose "foreign employer" has not,
and will not likely make any significant contribution to the
Workers' Compensation Accident Fund in this Province. It
has also been argued that the worker would likely be
entitled to coverage in the foreign (home) jurisdiction if
unsuccessful in claiming benefits in Alberta.
O01 cl
MAY 1984 Re Ae 7
97
Submissions
Exempt "foreign" based workers on temporary assignment in
Alberta.
Exclude "foreign workers" from coverage unless their basic
employer normally conducts operations in Alberta and contributes
assessments to the Accident Fund.
Require out of Province employers of "foreign workers" to provide
evidence of full alternative coverage obtained either through
private insurance, or under the compensation legislation of the
"home" jurisdiction as a prerequisite to eligibility for a
temporary work contract in Alberta. (The principal in Alberta
should be responsible for ensuring such coverage is in effect).
Explore the possible merits of obtaining re-insurance in relation
to all high risk workers.
Recommendations
The Select Committee recommends that foreign based workers on
temporary assignment in Alberta be exempted from coverage.
Section 10 - Application to have Act Apply
10
(1) Compensation is not payable under this Act to an employer,
a partner in a partnership, a proprietor or a director of a
corporation unless an application in respect of that person is made
to the Board to have this Act apply to him as a worker and the Board
approves that application in accordance with the regulations.
001 cl
MAY 1984 ot eeRce
98
Section 10 - Application to have Act Apply (continued)
(2) If the Board's approval of an application under this section is
delayed by inadvertence, the Board may make its approval effective
from the date the application would otherwise have been approved.
(3) The Board may at any time revoke an approval given under this
section and, on the revocation, the person referred to in the
revocation ceases to be'a worker to whom this Act applies as of the
effective date of the revocation.
Comment
Compensation is not payable to an employer, a partner or a
director in the absence of a Workers’ Compensation Board
approved application for coverage under The Workers'
Compensation Act as a worker. The technicality is that The
Workers' Compensation Act does not specifically state these
classes of persons are not workers.
Submission
The coverage application form should be revised to show the
actual net coverage.
A Court of Queen's Bench decision recently interpreted section 10
of The Workers' Compensation Act as precluding a director without
coverage from compensation entitlement, but considered the
director to be a worker under The Workers' Compensation Act and,
therefore, barred the injured worker from entering a lawsuit. It
was never the intention to give any protection to a person who
did not contribute to the Accident Fund and, therefore, any
wrongdoer who does not pay for coverage directly or indirectly
should not receive the protection of The Workers' Compensation
Act. This section should be amended for clarification.
O01 ¢l
MAY 1984 eens 99
99
Recommendations
The Select Committee recommends that:
1. Section 10 be amended so that partners in a partnership,
proprietors or directors who failed to obtain personal
coverage are clearly not considered workers for the purposes
of The Workers' Compensation Act.
2. The payroll) reporting forms and information booklets
supplied to employers by the Workers' Compensation Board be
reviewed to ensure they clearly state that an employer who
has not obtained coverage under section 10 may not be
protected by The Workers' Compensation Act from lawsuit.
Section 11 - Persons deemed Workers
The Board may, in its discretion or on the application of a
principal, by order deem any persons or classes of persons performing
work for or for the benefit of that principal or on his behalf to be
his workers,
Comment
See also discussion under sections 1(1)(v) and 123.
Submissions
Eliminate section ll.
Revert to previous "independent operator" provisions.
Legislate mandatory coverage for all subcontractors.
UOie et
MAY 1984 /100
100
Submissions (continued)
Provide identification cards for "independent operators" who have
coverage in good standing.
Do not issue identification cards for "independent operators".
‘Amend section 11 to specifically authorize coverage on
application for persons deemed by the Workers' Compensation Board
to be “independent operators" or "proprietors".
Recommendations
Please refer also to the recommendation concerning section
1(1)(v). (definition of proprietor).
The Select Committee recommends that individuals or classes of
individuals performing work exclusively for, or for the benefit
of a principal be deemed to be workers of that principal unless
they have been deemed by the Workers' Compensation Board to be
proprietors and have obtained personal coverage under The
Workers' Compensation Act.
Section 12 - Jurisdiction of Board
(1) The Board has exclusive jurisdiction to examine, inquire into,
hear and determine all matters and questions arising under this Act
or the regulations and the action or decision of the Board thereon
is final and conclusive, and is not open to question or review in any
court.
(2) No proceedings by or before the Board shall be restrained by
injunction, prohibition or other process or proceedings in any court
or are removable by certiorari or otherwise into any court, nor shal]
any action be maintained or brought against the Board or any member
ef the Board in respect of any act or decision done or made in the
honest belief that it was within the jurisdiction of the Board.
001 cl
MAY 1984 A recrry io) 08
101
Section 12 - Jurisdiction of the Workers' Compensation Board
(continued)
(3) The Board has authority to reconsider any matter that it has
dealt with and to rescind or amend any decision or order previously
made by it. :
(4) Each matter shall be decided on the merits and justice of the
case and the Board is not bound to follow any previous decision or
ruling of the Board as a precedent in reaching its decisions or making
its rulings.
(5) The Board has the same powers as the Court of Queen's Bench
for compelling the attendance of witnesses and of examining them
under oath and compelling the production and inspection of books,
papers, documents and things.
(6) The Board may cause depositions of witnesses residing in or
outside Alberta to be taken before any person appointed by the Board
in a manner similar to that prescribed by the Alberta Rules of Court.
Comment
The original concept of a Workmen's Compensation Board was
that of a body vested with considerable authority, empowered
to make final and binding determination in respect of any
and all questions arising out of compensation legislation
and its application.
This authority was seen as essential to the termination of
endless, costly appeals through the adversarial system of
the courts and a mechanism to ensure fair assessments upon
industry on the basis of risk, and to provide prompt payment
to injured workers. Any erosion of this authority, no
matter how well intended, must in effect be recognized as a
Step in the direction of reversal.
O01 "cl
MAY 1984 Rs
102
Section 12 - Jurisdiction of the Workers' Compensation Board
(continued)
Nowhere in Canada does there appear to be an authority other
than a Minister or a Legislative Assembly to which the
Workers' Compensation Board is responsible or which is
empowered to exert any.control over matters of adjudicative,
administrative or fiscal policy.
Submissions
Add a provision under section 12 that any interpretation of any
of the provisions of The Workers' Compensation Act shall be
determined by the Workers’ Compensation Board.
There was a suggestion that the Workers' Compensation Board's
independence should be safeguarded to ensure fairness of
decisions.
Recommendations
The Select Committee recommends that there be no change in the
legislative provisions relating to the authority and jurisdiction
of the Workers’ Compensation Board.
OO ie
eR as nears /103
103
PART 3
Compensation Entitlement, Application and
Payment i
Sections 19(1) and 19(2) - Eligibility for Compensation
(1) Subject to this Act, compensation under this Act is payable
(a) to a worker who suffers personal injury by an accident,
unless the injury is attributable primarily to the serious
and wilful misconduct of the worker, and
(b) to the dependants of a worker who dies as a result of an
accident.
The Board shall pay compensation under this Act to a worker
who is seriously disabled as a result of an accident notwithstanding
that the injury is attributable primarily to the serious and wilful
misconduct of the worker.
Comment
In its report of April, 1980, the previous Select Committee
recommended that the provisions of this part of The Workers'
Compensation Act (formerly section 16(1)) be rewritten for
clarification. The English Workmen's Compensation Act of
1897 incorporated the Bismarckian principle of elimination
of the need to establish negligence on the part of the
employer in order to qualify for benefits. However, there
was only a partial acceptance of the principle, and under
common law, situations still remained in which the employer
was not required to assume liability for work related
injuries to employees.
001 cl
MAY 1984 sere el UR
104
Sections 19(1) and 19(2) - Eligibility for Compensation
(continued)
In order to remedy the continuing problems, and remove the
Significant remaining common law barriers to obtaining
benefits following injury at work, the 1908 Workmen's
Compensation Act in Alberta eliminated worker negligence as
a factor. .
The relevant provisions of section 3 of that Act were
essentially the same as may be found in section 19(1) and
19(2) of the 1981 Workers' Compensation Act. These
provisions reflect a basic rule which may be found in
Workers' Compensation Legislation across Canada. Although
there are some variations of the rule the principle on which
it is based is consistent in concept and may be stated as:
Where in any employment in an industry
under a Workers' Compensation Act (in
Canada), a worker suffers injury or disease
arising out of and in the course of the
employment compensation shall be paid.
In all jurisdictions it is left to the Workers’ Compensation
Board to determine if an injury or disease arose out of and
in the course of the employment having regard to the
circumstances at the time. There is disagreement with
respect to inclusion in most Workers' Compensation Acts of a
qualifier concerning "serious and wilful misconduct".
The arguments against use of this qualifier include such
comments as: "it has no place in a no-fault system"; "it is
redundant because firstly, it is almost impossible to
O0tacl
ATS ERS 0 rire /105
105
Sections 19(1) and 19(2) - Eligibility for Compensation
(continued)
establish the premeditated intent of the worker; and
secondly, if it can be proved the accident was due to the
"serious and wilful misconduct" of the worker, it LS |
questionable that it could fairly be considered to have
arisen out of the employment."
In any event, the terms "Serious and wilful misconduct" have
been eliminated from the Workers' Compensation Acts in
Saskatchewan and Quebec and removal is being considered in
Ontario.
Submissions
1. Incorporate the Occupational Health and Safety "worksite"
definition into section 19(1) so as to restrict the
circumstances under which an accident results in
entitlement.
2. Add a provision that no compensation will be paid for
earnings loss if suitable alternative light work is
available.
S Eliminate the provision permitting payment of benefits in
cases of "Serious and wilful misconduct" of the worker where
the injury results in death or serious disablement.
4. Introduce a shared fault principle where workers may be
penalized for bad accident history records and violations of
Occupational Health and Safety regulations.
D0de el
MAN A984: re /106
106
Recommendations
Having considered the submissions and having regard for what it
believes to be the intent of the legislation the Select Committee
recommends:
1. The Occupational Health and Safety definition of "worksite"
Should not be incorporated into section 19.
2. Where light work for which the worker is medically suitable
is available compensation should not be paid, unless in
accepting such employment the worker suffers a loss of
earnings.
3&4. No changes to present legislation.
Sections 19(3) and 19(4) and 19(6) - Eligibility for
Compensation (Presumption)
19(3)
lf a worker is found dead at a place where the worker had a right,
during the course of his employment, to be, it is presumed that
his death was the result of personal injury by accident arising
out of and during the course of his employment, unless the contrary
is shown.
19(4)
If the accident arose out of the employment, unless the contrary
is shown, it is presumed that it occurred during the course of the
employment, and if the accident occurred during the course of the
employment, unless the contrary is shown, it is presumed that it
arose out of the employment.
19(6)
If a worker suffers disablement from or because of any occupational
disease and at some time during the 12 months preceeding the dis-
ablement was employed in the industry or process deemed by the
regulations to have caused that disease, the disease is deemed to
have been caused by that employment unless the contrary is shown.
001 cl
MAY 1984 ee RT
107
Sections 19(3) and 19(4) and 19(6) - Eligibility for
Compensation (Presumption) (continued)
Comment
The principal reason for establishing Workers' Compensation
Boards was to remove work related injury claims from the
adversarial system of the courts.
Under tort law, it was incumbent upon the worker to prove
that the injury arose out of and in the course of the
employment. Vital to the success of stopping endless
conflict was the elimination of consideration of liability
on the basis of negligence or fault, and the acceptance of
the principle that the worker should be favoured with the
benefit of doubt concerning the circumstances of the injury
or death. It has been held that to deny a claim because of
unfounded suspicions, unsubstantiated rumours, hearsay or
lack of concrete evidence would simply perpetuate the
adversarial system at the expense of the worker irrespective
of the outcome.
The presumptive provisions were simply an exchange of the
positions of the worker and the employer. Whereas formerly,
in cases of doubt, the worker was obliged to prove the claim
before the courts, the current position is that, in cases of
doubt, the employer is required to disprove the claim before
the Workers' Compensation Board. In the case of a worker
found dead during the course of the employment, it is argued
001 cl
MAY 1984 /108
108
Sections 19(3) and 19(4) and 19(6) - Eligibility for
Compensation (Presumption) (continued)
that the only person who knew of the events leading to the
death was the worker who no longer is able to provide any
evidence no matter how good the case might be. Therefore,
unless it can be Shown ‘the death did not arise out of and in
the course of the employment the claim should be allowed and
benefits paid to the dependent survivors.
This exchange of positions was considered proper in view of
the worker relinquishing the right to obtain recompense
through the courts.
All Canadian jurisdictions include a form of the benefit of
doubt presumption in their legislation. All but
Saskatchewan and Quebec provide for rebuttal of the
presumption if the contrary can be shown.
The impending legislation in Quebec under section 26 simply
provides "An injury that happens at the workplace is
presumed to be an employment injury."
Submissions
Eliminate acceptance on the basis of presumption.
In cases of doubt provide for withholding of benefits to permit
employer to appeal acceptance.
Add a provision that a worker who is subject to criminal charges
relating to the accident shall not be entitled to benefits.
OO1F cy
piety Suge SE cr Gg /109
109
Submissions (continued)
Reword section 19(6) to provide automatic assumption of
pneumoconiosis/work relationship after 15 years of working in a
dusty environment.
Recommendations
The Select Committee recommends that:
1. There be no change in the present policy respecting
acceptance on the basis of presumption.
2. Where the accident was caused by a criminal act of the
worker, and the worker has been found guilty of criminal
charges relating to that criminal act, the entitlement to
compensation be terminated and costs paid by the Workers'
Compensation Board may be recovered as an overpayment.
3. There be no change in the provisions of section 19(6).
The Select Committee wishes to bring to the attention of all
employers in the Province that it has been made aware that in the
past, employers have not attended to the prompt and proper
completion of accident reports. It is the opinion of the Select
Committee that all employers should ensure that someone directly
involved in the workplace should attend to the prompt and proper
completion of accident reports in order to reduce delays in
payment of benefits to injured workers.
Section 20(1) - Waiting Period for Benefits
20(1)
If an accident does not disable a worker for longer than the
day of the accident,
DOTSG!
MAY 1984 /110
eoeeee
110
Section 20(1) - Waiting Period for Benefits
(a) the employer shall, by the end of the next
regularly scheduled pay period after that day, pay compen-
sation to the worker for that day in an amount equal
to the minimum normal net wage the worker would have
received for that day if he had not been disabled and
had been available for work in the normal course,
and
(b) the Board is not responsible for providing
compensation to the worker, other than medical aid,
for that day.
Comment
There are arguments for and against increasing the waiting
period for payment of benefits. The strongest arguments in
favor of implementing a waiting period for benefits are
based on administrative savings for the Workers'
Compensation Board in not having to process claims; for the
employer in not having to complete forms, carry out
investigations and generally follow compensation reporting
procedures; and for the doctor who is likely able to collect
a fee through some form of health insurance plan.
It is estimated that in approximately one third of all
claims for time loss the workers are off work for seven days
or less and more than fifty percent return to work within
two weeks.
In most Canadian jurisdictions there is no waiting period
for benefits. Alberta had a three day waiting period prior
tor195c.
001 cl
MAY 1984 ARH AG
i
Section 20(1) - Waiting Period for Benefits (continued)
In the Province of Quebec, the employer must continue paying
the net salary of the worker for two weeks following the
accident and is subsequently reimbursed by the Workers’
Compensation Board.
Submissions
Introduce a 14 day waiting period requiring the employer to
continue full salary for this period.
Introduce a 15 day waiting period with no payment for this
interval.
If the Employer's Report has not been received, withhold payments
of benefits for 14 days after the Employer's Report has been
requested in writing.
Recommendations
The Select Committee recommends no change to the present
legislation.
Section 21 and 27 - Time Limits for Claims and Notice by
Worker
(1) Subject to subsection (2), the Board shall not pay compensation
(a) to a worker unless the worker makes a claim to the Board
within 12 months after the date of the accident, or
(b) to a dependant unless the dependant makes a claim to the
Board within 12 months after the date of death of the worker.
OOTse1
MAY 1984 fut
112
Section 21 and 27 - Time Limits for Claims and Notice by
Worker
(2) If a worker or dependant does not make a claim within the time
prescribed by subsection (1), the Board may nevertheless pay com-
pensation if it is satisfied there are reasonable and justifiable
grounds for the claim not being made within the prescribed time.
(1) If a worker
(a) suffers personal injury by an accident, or
(b) regardless of whether he is injured, is, as a result of an
accident, entitled to medical aid under Part 4
the worker shall, as soon as practicable after the accident, give
notice of the accident in accordance with the regulations
(c) to the employer, and
(d) to the Board, if the injury disables or is likely to disable
the worker for more than the day of the accident.
(2) If a worker suffers an accident that results in his death, his
dependant shall, as soon as practicable after the accident, give
notice of the accident in accordance with the regulations to the
employer and to the Board.
(3) A worker or dependant who fails to give notice as required by
subsection (1) is not entitled to compensation under this Act unless
the Board is satisfied
(a) that notice for some sufficient reason could not have been
given,
(b) in the case of notice to the employer, that the employer or
his superintendent or agent in charge of the work where the
accident happened had knowledge of the injury, or
(c) that the claim is a just claim and should be allowed for any
other reason.
001 cl
MAY 1984 os eae il ke
its
Section 21 and 27 - Time Limits for Claims and Notice by
Worker (continued)
Comment
Notwithstanding the provisions of section 21 of The Workers'
Compensation Act, the provisions of section 27 have been
interpreted as reflecting recommendation 11 of the 1980
report of the previous Select Committee:
"That payment of compensation may be made on the basis of
the Employer's Report and it be no longer necessary that
a worker's application be received before payment of
compensation is initiated."
In the cases, where the Employer's Report clearly confirms
the circumstances of the accident, and it is apparent the
injury has resulted in disablement, an initial payment may
be issued to a worker who has not submitted a claim. When
this is done, the worker is informed a claim must be
received by the Workers' Compensation Board before further
payment can be made.
In some cases the worker is not able to complete or sign a
report because of the nature of the injuries and benefits
are paid to avoid undue financial hardship, irrespective of
the fact that written reports may not have been received
from the employer or the attending physician. As a general
rule, this does not happen unless there is telephone contact
with the employer or a treating agency following a delay in
receipt of reports. When this occurs the employer usually
SOR se
MAY 1984 /114
eoeeoee
114
Section 21 and 27 - Time Limits for Claims and Notice by
Worker (continued)
confirms satisfaction with the claim circumstances as
described by the worker and the treating agency confirms
disablement.
Delays in submission of employers reports commonly occur
because of the locale of the accident being separate from
the office where the countersigning of all accident reports
is done prior to submission, e.g., railways, certain
government departments, employers with multiple projects or
field operations, etc.
See also the comments under section 28.
Submissions
Prohibit payment of benefits without receipt of reports from the
worker, the employer and the physician.
Section 21(2) should be amended to apply to accidents which
occurred prior to 1982.
Recommendations
The Select Committee recommends:
1. Section 21(1)(a) be amended to read:
2401)
Subject to subsection (2), the Board shall not pay compensation
(a) to a worker unless a claim is made to the Board by or on
behalf of the worker within 12 months after the date of the
accident, or
001 cl
Meroe ee ENS /115
1S
Recommendations
2. In section 21(2), after the words "prescribed by subsection
(1)," add the words “regardless of the date of the
accident} .
3. No other change to the present legislation.
Section 28 - Notice by Employer
28
(1) An employer who receives notice of an accident under section
27 or otherwise acquires knowledge of the happening of such an
accident or of an allegation of the happening of such an accident
(a) shall forthwith record the particulars of the accident or
allegation of the happening of an accident in the form and
manner prescribed by the regulations,
(b) shall, if the accident disables or is likely to disable
the worker for more than the day of the accident,
(i) give notice of the accident or of the allegation of
the happening of the accident to the Board within 24 hours
after he acquires knowledge of the accident or the allega-
tion and shall give a copy of that notice to the worker,
and
(ii) if he acquires knowledge that the worker has returned
to work or is able to return to work, give notice of that
fact to the Board within 24 hours after he acquires know-
ledge of it,
(c) shall, if the accident is one to which section 27(1)(b)
applies, give notice of the accident or of the allegation of
the happening of the accident to the Board within 24 hours
after he acquires knowledge of the accident or the allegation,
and
(d) shall provide the Board with any other information it
requires in connection with the accident.
001 cl
MAY 1984 oo tee L116
116
Section 28 - Notice by Employer (continued)
(2) An employer who, without reasonable cause, contravenes sub-
section (1) is liable to pay to the Board the sum of up to $100
for each day the contravention continues, up to a maximum of $500.
(3) If an employer or a person who, in the opinion of the Board,
is or might be an employer fails :
(a) to give any notice or provide any information required
by this section, or
(b) to reply to the Board's communication in regard to the
injured worker within 30 days of the date that communication,
the Board may investigate the injury and the facts and circumstances
surrounding it and may charge the costs of the investigation to the
employer or other person.
Comment
The requirement for the employer to promptly notify the
Workers' Compensation Board following receipt of knowledge
of the happening of an accident to a worker or the
allegation thereof is common to Workers' Compensation law
throughout Canada. There are variations with respect to the
required contents of the report, but within the legislation
lies the expectation that the employer will advise the
Workers' Compensation Board of the occurrence of an
accident without delay, whether or not the employer is
satisfied the accident arose out of and in the course of the
employment as claimed. Although it may not be specifically
stated in the legislation, there is the expectation that the
employer will relay in the report whatever pertinent
information has been reported and express an opinion as to
the validity of the claim. (The reporting form in the
Province of Alberta specifically asks whether or not the
employer is satisfied the accident occurred as described).
001 cl
MAY 1984 ne SEY,
117
Section 28 - Notice by Employer (continued)
In most of the other Provinces the employer is required to
submit a report to the Workers' Compensation Board within 3
days of learning of the accident. In Alberta, if the
employer fails to submit a report within 24 hours as
required, or fails to reply to communications from the
Workers' Compensation Board within 30 days, the Workers'
Compensation Board may investigate the accident and may
charge the costs of the investigation to the employer.
It is considered preferable for the employer to carrv out an
immediate investigation of the facts in cases of doubt,
while the witnesses are still available and the
circumstances are still fresh. Some employers are reluctant
to investigate accident claims, and insist on investigation
by the Workers' Compensation Board while protesting payment
of benefits because of doubts which may not be
substantiated.
It has been suggested that some employers will go to
considerable lengths to avoid the reporting of time loss
accidents in order to protect their accident frequency
record and that, in some cases, employers will retain a
disabled worker on the payroll in order to conceal the
accident for the purpose of protecting a merit rebate
position.
Under current policy, if a report has not been received from
the employer, compensation is not payable to a worker
unless:
1. The claim is supported by medical information and
001 cl
MAY 1984
118
Section 28 - Notice by Employer (continued)
2. The employer has been contacted to confirm the
details of the accident and has given assurance of
satisfaction that the claim is appropriate.
If the employer cannot be contacted by telephone, a letter
is forwarded requesting a report, and the worker is advised
of the reason for delay in payment of benefits.
After a further ten days, depending upon the nature of the
information in the Workers’ Compensation Board file, payment
may be issued, or a formal investigation of the claim may be
initiated (where doubts, inconsistencies, or incomplete
information require clarification).
Submissions
1. Extend the statutory reporting period to three days or more
to give the employer an opportunity to investigate the
facts, prior to submission of a report.
2. Direct the Workers' Compensation Board to investigate all
claims questioned by employers prior to making payment.
Si Penalize employers who keep workers on the payroll to simply
protect accident frequency situations and the merit rebate
position.
4, Provide for charging of investigation costs to employers
experience where investigations are required because of lack
of employer co-operation.
00d cl
SSS OE eS i BLS
119
Submissions (continued)
5. Shorten the permitted time for response to the Workers'
Compensation Boards' communication to 21 days.
Recommendations
The Select Committee recommends:
1. The statutory reporting period be extended to 3 days to give
the employer an opportunity to investigate the facts prior
to submission of a report.
2. All claims questioned by employers should be promptly
investigated by the Workers' Compensation Board in order to
expedite a decision.
3. This matter should be considered when reviewing the merit
rebate and super assessment system.
4&5. No change to present legislation.
Section 29 - Reporting by the Physician
(1) A physician who attends an injured worker shall
(a) forward a report to the Board
(i) within 2 days after the date of his first attendance on
the worker if he considers that the injury to the worker will]
or is likely to disable him for more than the day of the
accident or that it may cause complications that may contribute
to disablement in the future, and
(ii) at any time when required by the Board to do so,
001 cl
MAY 1984 Pe ey te A.
120
Section 29 - Reporting by the Physician (continued)
(b) advise the Board when, in his opinion, the worker will be
or was able to return to work, either in his report referred to
in clause (a)(i) or in a separate report forwarded to the Board
not later than 3 days after the worker was, in his opinion, so able,
and
(c) without charge to the worker, give all reasonable and nec-
essary information, advice and assistance to the worker and his
dependants in making a claim for compensation and in furnishing
any certificates and proofs that are required in connection with
the claim.
(2) The Board shall pay an attending physician fees prescribed
by the regulations for a report under this section.
(4) Payment by the Board of an account for medical aid rendered
to an injured worker does not of itself constitute the making of
a claim for compensation by the worker or acceptance of a claim
by the Board.
Comment
There is a feeling prevalent, as expressed in a number of
submissions to the Select Committee, that a significant
factor in the increase of compensation costs is the
reluctance of many physicians to critically assess the
worker's fitness for return to work. It has been suggested
that this reluctance often results in failure of the
physician to advise the worker in that regard, and there is
consequent protraction of the period of payment of benefits
for a longer time than should be justified by the injury.
In the past there was hesitancy on the part of the Workers'
Compensation Board Medical Advisors to actively discuss a
situation with the attending physician, and ensure that
every effort was made to return the injured worker to
employment as quickly as was reasonably possible. This
reluctance may have stemmed from a wish to avoid the
001 cl
MAY 1984 PD pia il WA
121
Section 29 - Reporting by the Physician (continued)
appearance of interfering with the discretion and treatment
decisions of the physician in attendance. However, there
has been a change in approach. The Workers' Compensation
Board's Medical Advisors, on an increasing basis, are more
actively monitoring treatment of injured workers. They are
increasingly corresponding with the attending physician and
discussing claims where they consider such action may be
beneficial to all parties, explaining Workers' Compensation
Board policies, suggesting patient referral, etc..
In most cases, the Workers' Compensation Board is guided by
the reports of the attending physician when considering
payment of compensation. It would be an impossibility for
the medical staff of the Workers' Compensation Board to
carry out examinations of all disabled workers who are
nearing the end of what could reasonably be considered a
normal disability period, having regard for the nature of
the injury. For this reason alone, reliance must be placed
on information reported by the attending physician. There
are
many cases where the worker is directed by the attending
doctor for examination by a Workers' Compensation Board
physician or to a medical specialist for a second opinion.
Often, in order to clarify the medical picture, arrangements
are made for admission to the Workers' Compensation Board's
Rehabilitation Centre, usually at the Suggestion of the
attending doctor.
Submission
It has been proposed that The Workers' Compensation Act be
amended in such a way as to make doctors more accountable for
reported periods of disability of their patients.
OObxct
MAY 1984
AZZ
Recommendation
The Select Committee approves of the Workers' Compensation
Board's current efforts to improve communications with the
medical profession in terms of the quality of medical reports and
encourages continuing pursuit of that objective.
Section 29(3) - Reports from Treating Agencies
(3) A report made or submitted to the Board under this Act by a
physician or hospital is for the use and purpose of the Board only,
and is a privileged communication of the person making or submit-
ting it and, unless it is proved that it was made maliciously, is
not admissible in evidence or subject to production in any court
in an action or proceeding against that person.
Comment
The Workers' Compensation Act requires an employer and a
physician to forward reports in cases of disablement and
upon request by the Workers' Compensation Board. There is
no provision requiring hospitals or other treating agencies
to submit reports, or provide information on request. It is
submitted there should be such a requirement to assist the
Workers! Compensation Board to obtain operative, x-ray,
autopsy and other reports when required.
Submissions
Amend section 29 to require a hospital or other treating agency
to forward reports to the Workers' Compensation Board on request.
001 cl
MAY 1984 oic:0 e aeke
123
Recommendations
The Select Committee recommends that:
1. A subsection be added to section 29 providing that a
hospital or other treating agency which provides treatment
services to an injured worker shall forward reports to the
Workers' Compensation Board on request.
2. The words "or other treating agency" be inserted into
section 29(3) after the word "hospital" on the second line.
Section 31 - Board's Entitlement to Information
The Board may require from any person entitled to compen-
sation, whether a worker or dependant, particulars of his
place of residence, address and other information relative
to the disability and compensation, that it considers nec-
essary, and pending the receipt of those particulars the
Board may withhold compensation payments.
Comment
There is no requirement in The Workers' Compensation Act for
a worker to notify the Workers' Compensation Board of
returning to employment following disablement due to
accident. By implication, section 51(4) permits a worker to
work at one or more jobs while receiving compensation
benefits because of disablement from the job on which the
injury occurred. In the circumstances a worker who was
injured while working as a high rigger, for example, may not
be able to return to that occupation, but may be fully fit
for a myriad of other jobs.
001 cl
MAY 1984 /124
124
Section 31 - Board's Entitlement to Information
If the worker returns to a different occupation earning as
much as or more than before the accident there is no legal
obligation to so advise the Workers' Compensation Board. If
by chance the Workers' Compensation Board comes into
possession of information confirming the fact of return to
work it may not, on the basis of legal technicality, be able
to recover any sum it considers to be an overpayment.
Submissions
Amend this section to require a worker to notify the Workers'
Compensation Board and employer immediately upon engaging in any
activities for gain, or of any change of address.
Include a provision that a worker who returns to employment other
than for the accident employer is required to advise the Workers'
Compensation Board immediately.
Recommendation
The Select Committee recommends The Workers' Compensation Act be
amended to require that immediately upon returning to any form of
employment, a worker in receipt of temporary disability
compensation payments must notify the Workers' Compensation
Board.
Section 34 - Employer may require Medical Examination
34
(1) At the written request of the employer of a worker who claims
compensation or to whom compensation is payable under this Act,
the Board may require the worker to undergo a medical examination
by a physician selected by the Board.
001 cl
MANEOSS a ES fice
125
Section 34 - Employer may require Medical Examination
(2) If a worker fails to undergo or in any way obstructs the ex-
amination, the Board may, on the application of the employer, sus-
pend the worker's right to compensation until the examination has
taken place.
(3) A physician who makes an examination of a worker pursuant
to this section shall submit his report on the worker to the Board
and to no other person.
(4) The cost of the examination, and the reasonable
expenses of the worker in connection with the examination shall be
borne by the employer and, if the employer fails to pay those ex-
penses, the Board may pay the expenses and the employer is liable
to pay the Board the amount so paid.
Comment
This section provides that if a worker fails to undergo or
in any way obstructs the (mandatory) examination, the
Workers' Compensation Board may, on the application of the
employer, suspend the worker's right to compensation until
the examination has taken place.
Employers argue that the restriction on the Workers'
Compensation Board's ability to suspend benefits is
inappropriate, particularly in view of section 34(3) which
directs that the examining physician can report only to the
Workers' Compensation Board. In the circumstances, the
employer has no independent information upon which to apply
to the Workers' Compensation Board for suspension of
benefits.
Submissions
It has been suggested that:
The phrase "on the application of the employer" be deleted.
001 cl
MAY 1984 20 sree ace
126
Submissions (continued)
Section 34(3) be amended to provide the examining physician may
forward a copy of his report to the employer's physician.
Recommendations
The Select Committee recommends that:
1. The phrase “on the application of the employer" be deleted
from the second line of section 34 subsection (2).
2. The phrase “and to no other person" be deleted from section
34 subsection (3).
Section 39 - Notice of Decision
On the making of a determination as to the entitlement of a
worker or his dependant to compensation under this Act, the em-
ployer and the worker or, in the case of his death, his dependant,
shall, as soon as practicable, be advised in writing of the part-
iculars of the determination, and shall, on request, be provided
with a summary of the reasons, including medical reasons, for the
Comment determination.
This section provides that, where an entitlement
determination is made, the employer and the worker or a
surviving dependant shall be notified in writing and shall
on request be provided with a summary of the reasons for the
determination.
Reasons for decisions for acceptance are not routinely
provided for undisputed claims which are supported by
O0T cl
MAY 1984 Weicmi bes
127
Section 39 - Notice of Decision (continued)
medical and other information and where the employer has
indicated satisfaction with the claim.
Reasons for decisions are always forwarded:
- If aclaim is disallowed.
- In cases of appeal. |
- Where the employer has objected to approval of the claim.
Submission
It has been suggested that the words "on request" be deleted from
this provision.
Recommendation
The Select Committee recommends there be no change in the present
wording of this section.
Sections 40 and 41 - Review of Decision and Appeal to Members
of the Workers' Compensation Board
(1) On the written request of any person who has a direct interest
in a claim for compensation under this Act, the Board shall cause
the record of the claim to be reviewed by a claims services review
committee appointed by the Board.
(2) The claims services review committee shall consist of not less
than 3 persons, none of whom shall be the claims adjudicator or the
physician referred to in section 37 or 38.
(3) A panel of at least 2 members of the claims services review
committee may conduct a review under this section, and a decision
of the panel is a decision of the committee.
001 cl
MAY 1984 ma toad W'48)
128
Sections 40 and 41 - Review of Decision and Appeal to Members
of the Workers' Compensation Board
(continued)
(4) The claims services review committee shall receive represen-
tations on behalf of all interested parties and may confirm, vary or
reverse any decision made in respect of the claim.
(5) For the purposes of a review, the claims services review com-
mittee may require the worker or his dependant, if the dependant is
claiming compensation, to undergo a medical examination by a physician
not employed by the Board and, in that case, section 33 applies.
(1) If an interested party is dissatisfied with a decision of the
claims services review committee, he may appeal to the members of
the Board in accordance with the regulations.
(2) In considering an appeal from a decision of the claims services
review committee, the members of the Board shall consider the records
of the claims adjudicator and the review committee relating to the
claim and shall give all interested parties an opportunity to be
heard and to present any new or additional evidence.
(3) The members of the Board may confirm, vary or reverse the
decision appealed from.
Comment
During the early part of the 20th century the legislation
governing Workers' Compensation provided that employers were
individually responsible for determination and payment of
claims for their workers who suffered injuries at work.
Disputes (appeals) were settled in the courts. Seriously
injured workers were obliged to wait for periods of up to
two or more years for a decision as to entitlement. In the
interim it was necessary for workers to receive whatever
public assistance was available to support themselves and
their dependants.
O0}ye!
MAY 1984 Perry WAS)
129
Sections 40 and 41 - Review of Decision and Appeal to Members
of the Workers' Compensation Board
(continued)
Even if a settlement was favorable to the worker much of the
proceeds were lost in legal fees. The injured worker was
often a casualty of the system and employer - worker
relationships were strained.
Based upon the report of Chief Justice Meredith of Ontario,
Workmens' Compensation Boards were established in all
provinces in Canada. These Boards were vested with
quasi-judicial powers, providing them with authority for
finality of decision in matters arising out of Workmens'
Compensation legislation. This change was seen to be
necessary in order to correct existing problems, obtain
prompt and efficient adjudication of claims, and ensure that
benefits payable to workers were not eroded by the costs of
pursuing claims through the courts.
In some jurisdictions the legislation has since been amended
to provide for appeals to bodies other than the Workers'
Compensation Board (British Columbia, Nova Scotia, Quebec).
In Nova Scotia and Quebec the decision of the outside appeal
body is final.
In British Columbia an appeal to an external Review Board*
may not be heard for more than a year and a half. A
subsequent appeal to the Workers' Compensation Board from
the decision of the Review Board requires approximately
another year. Thus, some workers with just claims may not
receive benefits for periods of two or more years.
* System under review at this time.
OG Iacl
MAY 1984
130
Sections 40 and 41 - Review of Decision and Appeal to Members
of the Workers' Compensation Board
(continued )
In Alberta, an internal appeal structure is provided by the
legislation. A Claims Adjudicator may review an initial
decision with or without new evidence. If such a review
results in a decision which is still not satisfactory to the
appellant, the Claims Services Review Committee will, on
request, review the information. This Committee may arrange
investigation of fact and/or arrange medical review.
The Claims Services Review Committee js an independent body
composed of members having considerable experience in
compensation matters.
If the decision of the Claims Services Review Committee is
not acceptable, the appellant may appeal to the Workers'
Compensation Board in writing. Currently, a hearing before
the Claims Services Review Committee is held approximately 5
weeks from receipt of notice of appeal. There is a similar
time period for appeals to the Workers' Compensation Board
as the final level of appeal. Any claim may again be
reviewed at the appropriate level of the appeal structure on
presentation of new evidence.
Some Provinces provide external advocate services for
workers and possibly for employers. The Alberta Workers'
Compensation Board provides both claims counselling and
advocate services as a part of its operations.
001 cl
SE SE i et /131
13t
Submissions
1. Appoint full time Advocates for workers and employers,
external to the Workers' Compensation Board, and provide
them with full access to file information.
2. Include a physician on the Claims Services Review Committee.
3. Where decisions of the Claims Services Review Committee are
favorable to the worker, withhold payment of benefits until
after the employer has received full written advice of the
decision including reasons.
4. Establish an external appeals body of labour, industry and
government to hear appeals against Workers' Compensation
Board decisions.
5. Require applications of appeal to be supported by new
evidence.
6. If an employer's appeal is successful recover all payments
made to or on behalf of the worker.
Recommendations
The Select Committee:
1. Does not recommend appointment of full-time external
advocates for workers and employers.
2. Recommends that medical advisory services be available to
the Claims Services Review Committee and members of the
medical staff be invited to serve as a member of the
Committee should the need arise.
001 cl
MAY 1984 Wun
PSZ
Recommendations (continued)
3. Recommends that in all cases of appeal, the employer be
given sufficient notice and time to submit representation.
4. Is of the opinion the present practice is satisfactory.
oe Is of the opinion the present practice is satisfactory.
6. Recommends that if an employer's appeal is successful, the
recovery of all payments made to or on behalf of the worker
be undertaken.
Section 42 - Commutation of Periodic Payments
42
(1) The Board may commute to a lump sum periodic compen-
sation payments to a worker or dependant under this Act.
(2) The fact that the Board makes a lump sum payment to a worker
or dependant in full settlement of his claim does not affect his
right to compensation under Parts 4 and 5.
(3) In the case of
(a) death or permanent total disability, or
(b) permanent partial disability resulting in greater than 10%
impairment of the worker's earning capacity immediately before
the accident, the Board shall not commute any periodic
compensation payments except with the agreement of the worker or
dependant entitled to them.
(4) A lump sum payment made by the Board shall be computed on
the basis of the rate of compensation applicable at the time of
the accident that gave rise to the right to compensation.
(b) permanent partial disability resulting in greater than
10% impairment of the worker's earning capacity immediately
before the accident,
the Board shall not commute any periodic compensation payments
except with the agreement of the worker or dependant entitled to
them.
001 cl
MAY 1984 ep ye
133
Section 42 - Commutation of Periodic Payments (continued)
Comment
The following should be read in conjunction with review of
sections 51 to 57 and sections 64 to 69.
Sir William Ralph Meredith commented as follows:
"The payment of lump sums is contrary to the principle
upon which Compensation Acts are based and is calculated
to defeat one of the main purposes of such laws - the
prevention of the injured workman becoming a burden on
his relatives or friends or on the community - and has
been generally deprecated by judges in working out the
provisions of the British Act, and was condemned by the
(Canadian Manufacturers) Association itself in the
*
u
memorandum which it submitted ....
In the submissions to the Select Committee there was general
agreement that more lump sum payments should be offered.
There was disagreement as to what restrictions should be
imposed. Suggestions ranged from no payment of lump sums
for disabilities exceeding 10%, to payment of lump sums for
all permanent partial disabilities. Even severely disabled
workers, appearing before the Select Committee, suggested
that in appropriate cases lump sum payments should be
granted on request, irrespective of the degree of physical
impairment.
* Sir William Ralph Meredith, April 1, 1913.
O0ttet
MAY 1984 ne ees /134
134
Section 42 - Commutation of Periodic Payments (continued)
Under the Alberta Workers' Compensation Act, lump sum
payments may not be granted to pensioners with disability
ratings exceeding 10% of total without the agreement of the
pensioners or their dependants.
Submissions
All requests for lump sums should be given careful consideration.
Section 42(1) should be amended to provide that in all cases the
decision of whether or not to pay a lump sum will be based on
what is perceived to be the best interest of the pensioner.
The Act should specify that acceptance of a lump sum does not
terminate Workers' Compensation Board liability.
The Workers! Compensation Act should specify legislative
increases do not apply following commutation.
Lump sum criteria should be specified in the regulations.
Workers, widows, and dependants should be encouraged to accept
lump sums instead of pension awards.
Recommendations
The Select Committee recommends that:
ihe Section 42, governing lump sum payments, be amended to
provide workers and dependants the option of accepting lump
sum payments instead of monthly pension payments for new and
existing awards, regardless of the date of the accident, and
001 cl
tS TS Sk 2 27 /135
Sis
Recommendations (continued)
2. Where a worker or dependant requests the lump sum
option, the implications of that choice be fully
explained and payment be withheld for at least 30 days to
give the worker or dependant opportunity to reconsider
the request.
Se Section 42 be amended as follows:
(a) -Reword subsection (1) to read "under this or any
previous Act" instead of "under this Act."
(b) In subsection (2), after the words "Parts 4 and 5"
add "of this Act, or because of a change in
disability.".
(c) Rescind subsection (3).
(d) In subsection (4), after the words "gave rise to the
right of compensation" add "excepting where the lump
Sum payment is awarded under the provisions of
section 64 subsection (3).
Section 47 - Worker Leaving Alberta
ill
|f a worker who is entitled to compensation under this Act leaves
Alberta and resides in another jurisdiction, the Board may cease
paying compensation under this Act to that worker unless it is sat-
isfied that the disability resulting from the accident is likely
to be of a permanent nature.
001 cl
MAY 1984 /136
136
Section 47 - Worker Leaving Alberta (continued)
Comment
There is a problem with loss of control with respect to
claims where the injured worker leaves the Province of
Alberta to take up residence elsewhere while still disabled
and in need of treatment for the injury. In some cases, the
period of payment is prolonged by inability to obtain
Satisfactory medical information, or delays in
correspondence with the worker, referral to other Workers'
Compensation Boards, etc.
The Workers' Compensation Acts of most Provinces provide
restrictions on payment of benefits to workers or dependants
residing outside the Province. The 1973 Workers'
Compensation of Alberta included restrictions under section
34:
- Compensation was not payable unless the worker obtained
permission to reside outside the Province and
- The worker was required to provide evidence of
continuance of the disability while outside the Province.
It has been submitted that technically, under the provisions
of section 47 of the current (1981) Workers' Compensation
Act, the Workers' Compensation Board is unable to cease
payment of compensation unless it is satisfied there will be
no permanent disability. There are no conditions or
restrictions which assist the Workers' Compensation Board in
control of the claim of such a worker.
001 cl
BOCA a0 ate vay,
13/
Submissions
Provide authority for the Workers' Compensation Board to stop
payments in some cases unless and until the degree of permanent
disability can be assessed.
Provide the Workers’ Compensation Board a discretion of payment
in cases where some disability is likely.
Amend to ensure continuing payment on receipt of acceptable
medical evidence.
Recommendations
The Select Committee recommends this section be amended to
provide that if a worker who is entitled to compensation under
the Alberta Workers' Compensation Act leaves Alberta and resides
in another jurisdiction, the Workers' Compensation Board may
continue paying compensation if:
1. The worker arranges for provision of satisfactory medical
evidence confirming the continuance of disablement, and
2. The Workers' Compensation Board is satisfied the period of
disablement is not prolonged by the actions of the worker in
leaving Alberta, or
3. The worker has been granted an award for permanent
disability arising out of the accident.
UOTGL
MAY 319840 0 ee /138
138
Section 51(1) to 51(5) - Compensation for Disability
21
(1) The Board shall pay compensation
(a) periodically on a monthly basis in the case of
permanent disability,
(b) periodically on a bi-weekly basis in the case of
temporéry disability, or
(c) on a basis other than under clause (a) or (b), if
the Board considers it appropriate to do so.
(2) If an accident causes injury to a worker and results in
disablement, the Board shall pay periodic compensation to the
worker, and that compensation
(a) for the first 30-day period shall be based on
(i) the worker's actual net earnings at the time of
the accident and calculated in accordance with sub-
sections (3) to (9), or
(ii) the worker's average net earnings and calculated
in accordance with subsections (3) to (9), if that
calculation can readily be made at the time of the
accident,
whichever is more favourable to the worker, and
(b) on and from the 31st day, shall be based on the worker's
average net earnings and calculated in accordance with subsec-
tions (3) to (9).
(3)1f, in respect of the first 30-day period, the Board pays
compensation to the worker based on his actual net earnings at the
time of the accident under subsection (2)(a)(i), and later discovers
that it would have been more favourable to the worker to pay
compensation to him under subsection (2)(a)(ii), it shall, in respect
of that 30-day period, adjust the compensation payable to the more
favourable amount.
(4) The calculation of actual net earnings or average net earnings,
as the case may be, shall be made separately in respect of each source
of employment the worker had at the time of the accident from which
he no longer has the ability to earn, or in which his ability to earn
is impaired, due to the accident, regardless of whether the source of
employment is in an industry to which this Act applies.
001 cl
MAY 1984 Peery AS,
139
Section 51(1) to 51(5) - Compensation for Disability (continued)
(5) For the purposes of this Act, a worker's average net earnings
are,
(a) if the worker was employed for all of the 12-month period
immediately preceding the accident, his average monthly or bi-
weekly net earnings calculated over that 12-month period,
(b) if the worker was not employed for all the 12-month
period but was employed for at least the 3-month period im-
mediately preceding the accident, his average monthly or bi-
weekly net earnings calculated over the period for which he was
so employed, or
(c) if the worker was not employed for at least the 3-month
period immediately preceding the accident, the average monthly
or bi-weekly net earnings of another worker in the same grade
of employment, calculated over the 12-month period immediately
preceding the accident.
Comment
The determination of the earnings on which compensation
payments should be based has been the subject of
considerable debate. On the one hand, concern has been
expressed that many seasonal workers, or workers with
sporadic employment histories may be overcompensated. On
the other hand, there are suggestions that the reverse may
be true. Some insist that a worker should be paid on the
basis of average actual earnings during the year prior to
the injury. Others state that compensation is intended to
protect the worker from loss of earnings and should
realistically be based on the earnings at the time of the
accident, not on past "averages" or other earnings
assumptions. Still others say that if the worker's earnings
at the time of accident reflect a recent pay increase it is
wrong to average earnings over a previous
period to arrive at a lesser figure. In addition there is
the question of what should be included as earnings in
addition to the basic rate - Overtime pay? Shift
differentials? Holiday pay? Board and lodgings?
OO}<«cl
MAY 1084 /1aNn
140
Section 51(1) to 51(5) - Compensation for Disability (continued)
There is also disagreement as to whether or not the earnings
used to determine the rate of payment should include
remuneration from concurrent employment in industries to
which The Workers' Compensation Act does not apply. The
position against inclusion is based upon the fact that there
1s no contribution to the accident fund relative to those
earnings and, if the injury arose out of such an industry
the worker would have no entitlement.
In attempting to ensure fairness, the legislation prior to
1969 permitted a minimum of discretion in the method of
calculation. Unfortunately, because of the many variables
involved, legislation which attempts to define policy on
such a complex issue tends to compound the problems of
administration without resolving the concerns.
In 1969, because of the difficulties in administering the
existing provisions, The Workers' Compensation Act was
amended to simplify application. The Workers' Compensation
Board was given more flexibility to fairly determine the
earnings which best reflected the rate per week at which the
worker was being remunerated.
In 1981, because of concern for inequities relating
particularly to seasonal workers, amendments were made in
the hope of bringing about a better consistency. The new
wording has created many problems of application and it has
been necessary to draft an internal policy which seems to
reflect the intent of the legislation. The current
Situation has created some concerns in the department of the
Auditor General.
001 cl
Me RSS Fe i ee [AAT
14]
Section 51(1) to 51(5) - Compensation for Disability (continued)
In all other Provinces, the Workers' Compensation Board is
vested with a broad discretion which, in general, permits
payment on the basis of daily, weekly, monthly or other
regular remuneration which, in the opinion of the Workers!
Compensation Board, best represents the actual loss of
earnings or earning capacity suffered by the worker by
reason of the injury. ;
In some cases the legislation is almost that simple. Ina
few jurisdictions there are clarifying qualifications which
are expansive in nature, not restrictive. |
In most jurisdictions it is left to the Workers'
Compensation Board to develop internal policy concerning
projection of short term earnings versus use of averaging of
actual confirmed earnings.
Submissions
Amend to permit the Workers’ Compensation Board to determine
appropriate earnings in keeping with current policy.
Revert to the calculation provisions of the previous Workers'
Compensation Act.
Amend/delete section 51(4) to restrict compensation to earnings
from only industries covered under The Workers' Compensation Act.
For seasonal workers pay on the basis of demonstrated actual
twelve month earnings including Unemployment Insurance. Do not
project earnings for periods not worked.
OO 5G
MAY 19840 0 eee /142
142
Submissions (continued)
Exclude supplementary allowances, overtime and fringe benefits.
Include shift premiums and location allowances.
Use actual earnings at the time of the accident.
Define earnings as in The Labour Standards Act.
Pay on basis of actual yearly income.
Recommendations
The Select Committee recommends that:
1. The Workers' Compensation Act be amended to permit the
compensation rate to be set in such manner as, in the
opinion of the Workers' Compensation Board, best reflects
the earning capacity of the worker prior to the injury, and
2. Appropriate guidelines for setting compensation rates be
developed for inclusion in the Workers' Compensation Board's
policy manual.
Section 51(6) - Maximum Allowable Earnings
51(6)
(6) In computing net earnings for the purposes of this Act no regard
shall be taken of the aggregate gross annual earnings of the worker
in excess of $40 O00.
Comment
There is disagreement as to the maximum earnings on which
compensation should be based. Representatives of industry
0c]
OYEREGSAT Ee i acta /143
143
Section 51(6) - Maximum Allowable Earnings (continued)
have always resisted the basing of compensation on the full
earning capacity of the highly paid injured worker.
Nevertheless, earlier legislation attempted to establish
allowable earnings levels approximating the maximum amount
earned in a year by the highest paid wage earners.
The previous Select Committee recommended abolition of the
earnings ceiling to " ..ensure that all injured workers
receive adequate income maintenance in accordance with their
established earning capacity." :
Prior to 1973, the allowable earnings figure was adjusted in
Alberta at intervals of approximately four years on the
recommendation of a Select Committee of the Legislature in
conjunction with its periodic review of The Workers'
Compensation Act. Following the appointment of an Advisory
Committee to the Minister under the 1973 Workers'
Compensation Act, the maximum allowable earnings were
reviewed annually and increases were made in the hope of
countering inflationary changes in earnings levels.
The objective was to ensure that the maximum level would be
high enough to include the earnings level of the great
majority of wage earners. However, the general inflationary
trend continued to outpace the increases in allowable
earnings until] 1981.
* Report of the Select Committee of the Legislative Assembly on
Workers’ Compensation - April, 1980.
001 cl
MAY T9840 ee eee /144
144
Section 51(6) - Maximum Allowable Earnings (continued)
When the present ceiling of $40,000.00 per annum was
established in Alberta in 1982 it was considered by some to
be quite high. Today, however, a number of other Provinces
aveenne tne rpnocesssot adopting formulae which will result in
ceilings approaching or exceeding that of Alberta. These
formulae generally include some factor or index to be
applied to the composite industrial (average) wage of the
Province. For example, in Newfoundland the ceiling is 23
times the industrial composite wage. The current White
Paper on Workers' Compensation in Ontario includes a
recommendation that the ceiling in Ontario be legislated as
200% of the industrial composite wage for Ontario. In
British Columbia, the ceiling is based on a 1982 composite,
increased annually by Consumer Price Index ratios.
Submissions
Incorporate a formula for automatic maximum earnings adjustments
based on some criteria, e.g. average earnings in the Province of
Alberta, Consumer Price Index, etc.
Reduce the maximum allowable earnings from $40,000.00 per annum
(suggested amounts varied from $26,000.00 to $30,000.00).
Remove the ceiling from maximum allowable earnings.
Recommendations
The Select Committee recommends that the maximum allowable
earnings be maintained at $40,000.00 per year, as presently
001 cl
MiyemOSe a /145
145
Recommendations (continued)
legislated. The Select Committee is aware of the
misunderstanding which exists with respect to the calculation of
assessments, and recommends that the Workers' Compensation
Board's policy manual and questions and answers booklet reflect
how these assessments are determined.
Section 51(7) - Payment Ratio
Si)
(7) . The amount of the periodic payment of compensation is
(a) in the case of permanent total disability and temporary
total disability, 90% of the worker's actual net earnings or
average net earnings, as the case may be, and
(b) in the case of permanent partial disability and temporary
partial disability, a proportionate part of 90% of the worker's
actual net earnings or average net earnings, as the case may be,
based on the Board's estimate of the impairment of earning ca-
pacity from the nature and degree of disability.
Comment
Having determined what the maximum allowable earnings should
be, it was necessary to establish the portion of earnings to
which a worker should be entitled while disabled due to
injury. On the one hand, the intent was to provide
sufficient compensation to prevent hardship and avoid making
the injured worker dependent upon relatives and other
social agencies for provision of financial assistance to
meet ongoing needs. On the other hand, it was argued that
payment should be low enough to ensure motivation to return
to work.
001 cl
MAY 1984 >) eee eee
146
Section 51(7) - Payment Ratio (continued)
The 1918 Workmens' Compensation Act in Alberta provided for
a flat payment of $10.00 per week for temporary partial
disability. This amount could be increased to $16.00 per
week if the worker had five dependents.
In 1922 The Workmens' Compensation Act was amended to
provide payment of 55% of gross eligible ee This
percentage was increased to 623% in 1926 and 66° /3% in the
early 1930's, followed by 75% in 1952.
With the evolution of increased payroll] deductions for
Income Tax, Unemployment Insurance, Canada Pension Plan,
Health Care, etc., the situation developed whereby a single
worker with earnings at the maximum allowable level at times
enjoyed considerably more income while in receipt of
compensation benefits than while working, since compensation
payments are not considered to be taxable earnings.
Conversely, a low earning married worker with several
dependants was sometimes subjected to hardship by the
reduction in take home pay because of the manner in which
compensation rates were determined.
The 1981 Workers' Compensation Act based payments upon 90%
of net earnings (gross earnings less Income Tax, Canada
Pension Plan and Unemployment Insurance deductions) which
reduced the disparity significantly.
DO} «cl
MOM OOR | ee ie /147
147
Submissions
There is considerable disagreement in the submissions as will be
seen below:
Substitute a sliding percentage which decreases with increased
earnings.
Reduce the percentage to 80% of net earnings.
Pay 75% of net earnings/net assessable earnings/gross
earnings/normal take home pay/net income.
Pay 100% of actual net take home pay.
Continue payment on the basis of 90% of net earnings.
Pay directors at the rate applied for, not 90% of net.
Recommendations
The Select Committee recommends that the present ratio of 90% of
net earnings be retained for determination of compensation
entitlement.
Supplementary - Submissions Relating to
Rate of Payment
For crime victims reduce benefits by amounts received from other
agencies.
Reduce benefits by the amounts received through Canada Pension
Plan, Long Term Disability Insurance Plans, etc.
001 cl
MAYT984 i neers /148
148
Supplementary - Submissions Relating to
Rate of Payment (continued)
The Workers' Compensation Act should clearly direct that where
earnings from multiple employers are used as a basis for
compensation payment the amounts paid should be apportioned to
classes relative to the earnings from each class.
Recommendations
It is the understanding of the Select Committee that:
Awards made under the Criminal Injuries Compensation Act
include recognition of factors other than loss of income,
and payments made by the Workers' Compensation Board are
considered by the Crimes Compensation Board when granting an
award. The Crimes Compensation Board does not receive any
reimbursement from the Workers' Compensation Board, and
Workers' Compensation payments based on earnings from more
than one employer are charged proportionately to the
classifications from which the earnings were derived.
Sections 51 through 57 - Pensions
51(7)
The amount of periodic payment of compensation is
(a) in the case of permanent total disability and temporary
total disability, 90% of the worker's actual net earnings or
average net earnings, as the case may be, and
(b) in the case of permanent partial disability and temporary
partial disability, a proportionate part of 90% of the worker's
actual net earnings or average net earnings, as the case may be,
based on the Board's estimate of the impairment of earnings ca-
pacity from the nature and degree of disability.
GOI cl
MAY 1984 Pistia LAG
149
Sections 51 through 57 - Pensions (continued)
51(9)
a
Compensation for temporary total disability and temporary partial
disability is payable to the worker for only as long as the disability
lasts, and compensation for temporary total disability shall be
(a) the bi-weekly equivalent of the amount that he would have
received under subsection (7) had he been permanently totally
disabled, or
(b) his average bi-weekly net earnings, if they are less than
the sum referred to in subsection (8)(a).
(1) A worker receiving compensation for permanent total disa-
bility or permanent partial disability under any predecessor of
this Act shall be granted an additional payment of compensation
sufficient to increase the monthly payment to that person to the
greater of
(a) $615 per month in the case of permanent total disability,
or, in the case of permanent partial disability, a proportion-
ate part of $675 per month based on the Board's estimate of the
impairment of earning capacity from the nature and degree of
disability, and
(b) the amount of pension that worker would otherwise receive
under section 53 of The Workers' Compensation Act as at
December 31, 1981 plus 10% of that amount.
(2) The cost of any additional amounts of compensation paid under
subsection (1) in respect of accidents occurring prior to January 1,
1974 shall be paid to the Accident Fund out of the General Revenue
Fund.
(1) Notwithstanding section 52, on and after January 1, 1982, an
injured person receiving compensation under a predecessor of this
Act for
(a) permanent total disability, or
(b) permanent partial disability, if the degree of disability
in aggregate is at least 50%,
shall be granted an additional supplement that, together with any
other compensation to which he is entitled, will provide a monthly
001 cl
MAY 1984 Sew eid wou
150
Sections 51 through 57 - Pensions (continued)
amount equal to that which would have been payable had the scale
of compensation in force in 1980 been in effect at the time the
accident for which he is receiving compensation occurred.
(2) A supplement under subsection (1)
(a) is payable only in respect of accidents that occurred
before-Aprilel,. 1975, sand
(b) is payable until the injured person reaches the age of
65 years.
(3) The amount of a supplement, if any, to which a person is en-
titled under subsection (1) shall be considered to be part of the
compensation he is receiving for the purposes of determining the
additional payment, if any, to which he is entitled under section
ayaa
In determining the degree of impairment of earning capacity, the
Board may consider as a factor the nature of the injury and the
physical and mental fitness of the worker to continue in the em-
ployment in which he was injured or to adapt himself to some other
suitable employment.
Comment
It has been argued that, in the case of a permanent
disability, a lifetime pension should be paid to prevent the
worker from becoming a burden on friends, family, and
society generally. Other arguments favoring lifetime
pensions are based on loss of opportunities for advancement
and for wage increases.
In Alberta, the 1918 Workmen's Compensation Act provided a
table of uniform lump sum disability benefits for impairment
and awards were not related to the earnings of the worker.
There was no supplement or other payment to recognize loss
of earnings after the worker returned to work. In 1921, The
Workers' Compensation Act was amended to provide for
permanent disability pensions based on impairment of earning
capacity. Since that time, tables have evolved to serve as
OO01<ecl
MAY 1984 ares /the dl
dhs
Comments (continued)
a guide for estimating the impairment of earning capacity
suffered by a worker as a consequence of a permanent
disability. .
Currently, in Alberta, lifetime permanent disability
pensions are awarded ".sbased on the Board's estimate of
the impairment of earning capacity from the nature and
degree of disability." The impairment so determined is
applied to 90% of net earnings to arrive at the precise
amount of the award.
There have been recent amendments to legislation in
Saskatchewan and New Brunswick implementing a different
approach in compensating for permanent impairment. In those
Provinces, awards for permanent disabilities are in the form
of uniform lump sum payments based upon the estimated degree
of physical impairment and are unrelated to earnings. In
addition, compensation is paid for loss of earnings because
of the injury for as long as a measurable loss of earnings
due to the injury is deemed to exist, or until normal
retirement age. Recompense for permanent disability and
payment for loss of earnings are dealt with as separate
items.
A similar change has been recommended in the Ontario White
Paper on the Workers! Compensation Act (based on Paul
Weiler's report) and in recent proposals for amendments to
the Quebec workers' compensation legislation. It is argued
* 1981 Workers' Compensation Act - section 51 (7)(b).
O01 cl
MAY 1984 ipihaye
Pz
Sections 51 through 57 - Pensions (continued)
the earnings loss provisions will safeguard the worker
against destitution and will realistically recognize the
financial impact of the injury.
Under this new approach in Saskatchewan and New Brunswick,
earnings loss compensation, as such, is not payable beyond
age 65, however, a "retirement pension" may be paid after
age 65 based on contributions by the Workers' Compensation
Board to a Superannuation fund of some percentage of the
earnings loss compensation paid to the worker.
In a number of jurisdictions in Canada, earnings loss
payments and pensions are adjusted to reflect monies
received from the Canada Pension Plan and various other
programs.
Employer groups commented that some workers receiving
permanent disability pensions from the Workers' Compensation
Board return to the same job at an earnings rate which is
the same as, or greater than the pre-accident earnings.
They submitted that when this occurs there may be resentment
by workers who protect themselves from injury.
Submissions
Eliminate lifetime pensions except for permanent total
disability.
Permanent total disability pensions should reflect actual
earnings loss and off the job impairment.
001 cl
ESC SOS i i a air SIC io
ios
Submissions (continued)
Pay lump sums for impairment and disfigurement and pay earnings
loss compensation to reflect actual loss of earnings for so long
as a measurable earnings loss exists.
Adjust all pensions and earnings loss compensation to reflect
payments received under the Canada Pension Plan, Old Age Security
Program, Long Term Disability Insurance Plans, Retirement
Pensions, etc..
Where earnings loss is minimal, pay compensation by way of a lump
sum. .
Pensions should be paid to reflect loss of potential, loss of
opportunity, and off the job impairment.
Permanent total disability awards should be fully indexed.
Pension increases should be discretionary and should not be fully
indexed.
The Workers’ Compensation Act should provide for surviving
dependants of severely injured workers (because of the difficulty
in obtaining appropriate insurance coverage as a consequence of
the accident).
On the death of a pensioner pay burial expenses and continue
payment to surviving dependants for one year where:
- The disability award is based on impairment of 50% or
greater, and
001 cl
MAY 1984 /154
154
Submissions (continued
- The death is not considered due to the pensionable
disability.
Amend section 53(1) to upgrade all pensions. (Currently it
applies to only pensions "...where the degree of disability in
aggregate is at least 50%...").
Delete section 53(2) - it discriminates on the basis of age.
To section 51(7)(b) add the words "having regard for the
disability evaluation tables of the Workers' Compensation Board
and the total effects of the accident."
Rewrite section 51(9) for clarification.
Fund inflationary pension increases from the General Revenue
Fund.
Do not fund inflationary increases from the General Revenue Fund.
Introduce requirement of 30 days advance notice to employer of
intent to grant a permanent disability award.
Recommendations
The Select Committee recommends that:
1. The present legislation be retained.
2. Disabled workers be given the option of accepting lump sum
payments instead of monthly pension payments, regardless of
the date of accident.
OUlScl
veeeSS ie i Vel 55
To9
Recommendations (continued)
3. Where a worker requests the lump sum option the implications
of that choice be fully explained and payment be withheld
for a least 30 days to give the worker sufficient
opportunity to reconsider the request.
4. The timing of implementation of new policies with respect to
lump sum awards must have regard for funding implications.
Sections 54 and 55 - Adjustment to Pre-accident Earnings and
Recurrence of Disability
(a) a worker is temporarily disabled for a period of more than
12 months, or
(b) a period of more than 12 months elapses between the day
of the accident and the commencement of temporary disability
resulting from the accident
the Board shall, in determining the compensation to which the worker
is entitled, adjust the worker's actual net earnings or average net
earnings, as the case may be, at the time of the accident by the
same percentage as they would be adjusted by if he had been perman-
ently totally disabled at the time of the accident.
The Board may, if
(a) a worker who was awarded compensation under this Act in
respect of an accident ceases to receive that compensation by
reason of recovery from the disability.
(b) there is a recurrence of disability in the form of temporary
disability and that disability is due to the same accident,
001 cl
MAY 1984 Prd plecis
156
Sections 54 and 55 - Adjustment to Pre-accident Earnings and
Recurrence of Disability (continued)
(c) the worker has, at the time of recurrence of the disability,
earnings in an amount that is greater than the amount of his
actual net earnings or average net earnings, as the case may be,
at the time of the accident as adjusted pursuant to section 54,
if applicable, and
(d) more than 12 months have elapsed since the date of the
accident,
pay compensation on and from the date of the recurrence on the same
basis as if the worker had suffered another accident and been disabled
on the date of recurrence of disability.
Comment
The intent of these sections was to clarify the provisions
of the previous Workers’ Compensation Act whereby
compensation payments made for time loss more than twelve
months after the date of the accident would recognize the
effects of inflation. Unfortunately the wording of section
55 restricts the provisions to "...a worker who was awarded
compensation under this Act....".
Submission
The wording should be amended to clearly indicate that the
provisions of both sections are applicable to workers awarded
compensation under this or any previous Act.
Recommendation
The Select Committee recommends that:
ie At the end of section 54, after the word "accident" the
001 cl
MAY 1984 tenon
Las
Recommendations (continued)
words "regardless of the date on which the accident
occurred" be added, and
ay. The first line of section 55 be amended to read “under this
or any previous Act" instead of “under this Act."
Section 56 - Special Expenses
56
Payments customarily made by an employer to.a worker to cover
any special expenses incurred by the worker in the course of
his employment shall not be included in computing the worker's
actual net earnings or average earnings, as the case may be,
for the purposes of this Act.
Comment
It has been submitted that the wording of this section
creates administrative difficulty.
Some seek the narrowest possible interpretation of "special
expenses", while others take a broader view. For example,
Should allowances for food and lodgings be considered as
earnings, Or as Special expenses for a single worker
residing in the locale of the worksite at the direction of
the employer?
Submission
The term "special expenses" should be defined/clarified to
indicate what types of expenses are in this category.
001 cl
MAY 1984 /158
158
Recommendation
The Select Committee recommends that the term "special expenses"
should be defined in the Workers' Compensation Board's policy
manual.
Section 59 - Supplement Respecting Pre-existing Condition
(1) If a worker suffers permanent disability as a result of an
accident and the injury aggravates a pre-existing condition, the
Board may, in addition to compensation it pays under this Act in
respect of that part of the disability caused by the accident,
pay to the worker a supplement in an amount determined by it in
respect of that part of the disability caused by the pre-existing
condition, subject to the maximum amount payable pursuant to
section 51.
(2) A supplement under subsection (1) is payable until the en-
hanced disability ceases or the worker reaches the age of 65 years,
whichever occurs first.
Comment
This section provides that the Workers' Compensation Board
may pay a Supplementary allowance where, as the result of an
accident, the worker suffers aggravational enhancement of a
pre-existing condition in addition to some permanent
disability directly due to the accident. The supplement is
payable until the worker recovers from the enhancement or
attains the age of 65 years, (whichever occurs farstie
Submissions
Amencatouneads. athe Boake shaliu(pay)... instead of... .. the
Board may (pay)...".
O01¢cl
MAY 1984 sees 159
159
Submissions (continued)
Do not provide for reduction of these supplements by benefits
received through other agencies, e.g., Canada Pension Plan, Long
Term Disability Insurance, etc.
The section should be amended so as to confirm it applies
regardless of the date of the accident.
Recommendations
The Select Committee recommends:
1. The words "compensation it pays under this Act" be replaced
with "compensation it pays under this or any previous Act.".
2. No other change to this section.
Section 60 - Earnings Loss Supplement
In the case of an accident causing temporary partial disability,
if the Board is satisfied that the worker's net earnings after
the accident together with any pension he is receiving under
this Act are less than his actual net earnings or average net
earnings, as the case may be, calculated under section 51 the
Board may, in addition to the compensation payable under that
section, pay compensation in an amount up to 90% of the earnings
loss, according to what percentage of the earnings loss is, in
the Board's opinion, caused by the residual disability.
Comment
Under this section, where a worker with a temporary partial
disability returns to employment at a rate of earnings less
001 cl
MAY 1984 «ere hLou
160
Section 60 - Earnings Loss Supplement
than the average earnings at the time of the accident the
Workers' Compensation Board may award an earnings loss
supplement.
The provisions of this section afford a means of income
protection for workers who accept lower paying suitable
work when their injuries prevent them from returning to the
more remunerative type of employment at which they were
injured. The ability to extend to the injured worker
compensation payment in recognition of loss of earnings
through acceptance of alternative employment enables the
Workers' Compensation Board to provide more meaningful and
effective rehabilitation assistance, thereby returning the
injured worker to industry in many cases much earlier than
would otherwise be possible.
Submissions
Add a provision that no compensation will be paid for earnings
loss if suitable alternative light work is available.
Amend to provide such a supplement may be paid in cases of
permanent partial disability as well as temporary partial
disability.
Amend to exclude payment if earnings loss is due to factors other
than the disability due to the accident, e.g. due to inflation or
previous employment is no longer available.
Amend to clarify application to pensions under any previous Act
001 cl
Meet OR A ee
161
Recommendations
The Select Committee recommends that section 60 be amended by
deletion of the word "temporary" from the first line and
replacement of the words "any pension he is receiving under this
Act" with "any pension he is receiving under this, or any
previous Act.". |
Section 63 - Additional Compensation for Disfigurement
lf a worker is seriously and permanently disfigured or otherwise
permanently injured as a result of an accident the Board may, not-
withstanding any other provision in this Act, pay to the worker
additional compensation that it considers appropriate in the form
of a lump sum or periodic payment in recognition of an impairment
of earning capacity caused by the disfigurement or other injury.
Comment
Workers whose injuries result in disfigurement from burns,
scarring, destruction of facial symmetry, etc., often become
extremely sensitive to changes in their appearance.
Although they may eventually resume employment with no loss
of earnings these workers certainly carry permanent physical
damage. In some cases the disfigurement may result in
social and behavioural changes which affect attitude, life
Style and often opportunity.
For many years the legislation recognized that workers
should receive some recompense in recognition of the
consequences of disfigurement, but restricted awards to
disfigurement "... about the head or face ...". The
previous Select
001 cl
MAY 1984 <s ennel Oe
162
Section 63 - Additional Compensation for Disfigurement
(continued)
Committee was of the opinion that consideration should also
be given to cases of permanent disfigurement of other parts
of the body, and recommended the restriction to injuries
about the head or face be removed.
This change was made, but the legislation still requires
that awards be made "... in recognition of an impairment of
earning capacity." Current practice is to base awards, not
on impairment of earning capacity, but on the estimated
degree of disability and by having regard for the total
effect of the disfigurement upon the individual. At
present, awards for disfigurement are normally paid by way
of lump sums.
Submissions
Delete reference to impairment of earning capacity.
Recommendation
The Select Committee recommends that the words "in recognition of
an impairment of earning capacity caused by the disfigurement or
other injury" be deleted from section 63.
Sections 64 to 69 - Compensation For Death
gh
(1) If a worker dies as a result of an accident and leaves a
001 cl
ByemtoCa” a /163
163
Sections 64 to 69 - Compensation For Death (continued)
dependent spouse, a pension is payable to the dependent spouse
in an amount equal to the pension the worker would have received
had he lived and been permanently totally disabled.
(2) Subject to this section, the pension referred to in sub-
section (1) shall, where there is a dependent spouse and dependent
children, be paid to the spouse for her benefit and the benefit of
the dependent children until the month in which the youngest
dependent child reaches the age of 18 years, at which time a 5-year
term pension is payable to the dependant spouse in the amounts
specified in subsection (3).
(3) If the dependent spouse is gainfully employed when the youngest
dependent child reaches 18 years of age, the pension under subsection
(1) terminates in the month in which the child reaches that age and
a 5-year term pension is payable commencing in the month following
that month in an amount equal to
(a) for the 1st 12-month period, the full pension,
(b) for the 2nd 12-month period, 80% of the full pension,
(co) Raton the 3rd 12-month period, 60% of the full pension,
(d) for the 4th 12-month period, 40% of the full pension, and
(e) for the 5th 12-month period, 20% of the full pension
that the worker would have received had he lived and been perma-
nently totally disabled.
(4) If the dependent spouse is not gainfully employed when the
youngest dependent child reaches the age of 18 years, the Board
may, notwithstanding subsection (2), continue payment of the full
pension under subsection (1) after the child reaches that age
until
(a) the spouse becomes gainfully employed, or
(b) the expiration of a period of 60 months after the month
in which the child reaches the age of 18 years,
whichever occurs first, at which time a 5-year term pension is payable
to the spouse in the amounts specified in subsection (3) on and from
the month following the month in which the spouse becomes gainfully
employed or the 60-month period terminates.
O01 c4
MAY 1984 ona ehoiel/ aL OF
164
Sections 64 to 69 - Compensation For Death (continued
(S) If, during the period of time referred to in subsection (4)(b),
the dependent spouse neglects or refuses to accept vocational
rehabilitation services provided under subsection (11), the spouse
is entitled to receive only a 5-year term pension commencing in the
month following the month in which the neglect or refusal occurred
and in the amounts set out in subsection (3).
(6) If a worker dies as a result of an accident, leaving a dependent
spouse and no dependent children, and if the spouse accepts voca-
tional rehabilitation services provided under subsection (11), the
spouse is entitled to a pension in the amount referred to in
subsection (1) until
(a) the spouse becomes gainfully employed, or
(b) the expiration of a period of 60 months after the date of
death of the worker,
which ever occurs first, at which time a 5-year term pension is
payable in the amounts set out in subsection (3) commencing in the
month following the month in which the spouse becomes employed or
the 60-month period expires.
(7) Im a case to which subsection (6) applies, if the spouse is gain-
fully employed at the time of the worker's death or neglects or
refuses to accept vocational rehabilitation services provided under
subsection (11), the spouse is entitled to receive only a 5-year term
pension payable commencing in the month following in which the worker
died and in the amounts set out in subsection (3).
(8) If a worker dies as a result of an accident and leaves a
dependent spouse and no dependent children and if the spouse is
employed at the time of the death or thereafter becomes employed, but
that employment does not constitute gainful employment, the Board may
deduct from the pension payable under this Act an amount not to exceed
the amount earned by the dependent spouse from that employment.
(9) If a worker dies as a result of an accident and
(a) leaves dependent children but no dependent spouse, or
(b) leaves a dependent spouse and dependent children, but
the spouse later dies,
the pension payable under this section shall be paid to the person
who acts as guardian of the dependent children for the maintenance
001 cl
MAY 1984 rome OS
165
Sections 64 to 69 - Compensation For Death (continued)
and education of the dependent children until the month in which
the youngest child reaches 18 years of age, at which time a 5-year
term pension is payable in the amounts set out in subsection (3),
to be divided equally among the surviving children who were under
the age of 18 years at the time of the worker's death.
(10) If more than 1 person is acting as a guardian under subsection
(9), the Board may divide the amount payable under that subsection
proportionately among those persons according to the number of
children of whom they are the guardian.
(11) The Board may take whatever steps it considers necessary to
provide the benefits and services referred to in section 83(1) to a
dependent spouse.
(12) Notwithstanding anything in this Act, if the Board considers that
a dependent spouse is an invalid or is incapable of substantially
benefitting from rehabilitation services or of becoming gainfully em-
ployed it may continue payment of the full pension payable under
subsection (1), or a percentage of it that the Board considers
appropriate, for as long as the dependent spouse remains an invalid or
the incapability persists.
Notwithstanding any payment to a dependent spouse under section 64,
the Board may pay compensation to a dependent child of the deceased
worker who is not residing with the dependent spouse at the time of
the worker's death in an amount not exceeding $139 per month.
lf a worker dies as a result of an accident and leaves no spouse,
or if a surviving spouse subsequently dies or is confined to an
institution, prison or correctional institution, the Board may
make additional payments of not more than $66 per month to a dep-
endent child of the worker to assist in his maintenance and support.
If a worker dies as a result of an accident, the Board may pay to
the worker's dependent spouse or dependent child, or both of them,
who are in necessitous circumstances because of illness, any
additional amount it considers appropriate.
DOT NC}
MAY 1984 oo ene O66
166
Sections 64 to 69 - Compensation For Death (continued)
68
If, with respect to an accident that occurs before January 1,
1982, the dependent spouse of the worker, on or after January 1,
1982,
(a) dies,
(b) marries, or
(c) enters into a common law relationship and cohabits with the
common law spouse for a period of
(i) at least 5 years, or
(ii) at least 2 years, if there is a child of that common
law relationship,
the Board shall pay to each dependent child of the worker who is
not being maintained pursuant to section 69(3), compensation at the
rate of $139 per month
(d) until the child reaches the age of 18 years, or
(e) in the case of a dependent invalid child, irrespective of
the age of the child, as long as in the opinion of the Board it
might ‘reasonably be expected that the worker had he lived, would
have continued to contribute to the support of the child.
69
(1) A dependent spouse or a foster-parent receiving compensation
under The Workers' Compensation Act in respect of an accident that
occurred on or after January 1, 1974 but prior to January 1, 1982
shall be granted an additional payment of compensation sufficient
to increase the monthly payment to the dependent spouse or the
foster-parent, as the case may be, to the greater of
(a) $675 per month, or
(b) the amount of pension that person would otherwise receive
under The Workers' Compensation Act as at December 31, 1981,
plus 10% of that amount.
001 cl
MAY 1984 | eet Aly:
167
Sections 64 to 69 - Compensation For Death (continued)
(2) A dependent spouse or foster-parent receiving compensation
under any predecessor of this Act in respect of an accident that
occurred prior to January 1, 1974 shall be granted an additional
payment of compensation sufficient to increase the monthly payment
to the dependent spouse or to the foster-parent, as the case may be,
to $675.
(3) A dependent child receiving compensation under any predeces-
sor of this Act shall be granted an additional payment of compensation
sufficient to increase the monthly payment to that dependent child
to the sum of $139.
(4) A payment under this section continues,
(a) in the case of a dependent child under the age of 18 years,
until that child reaches the age of 18 years, or
(b) in the case of a dependent invalid child, irrespective of
the age of that child, as long as, in the opinion of the Board,
it might reasonably be expected that the worker, had he lived,
would have continued to contribute to the support of that child.
Comment
Prior to the turn of this century, all entitlement with
respect to a work injury flowed to the worker. In the event
of death all entitlements died with the worker. There were
no benefits payable to surviving dependants. As a
consequence the survivors were often left destitute.
In Alberta, the 1908 Workmen's Compensation Act provided for
payment of a lump sum to the courts on behalf of dependants.
The lump sum was equivalent to the earnings of the deceased
during the preceding three years or $1,000.00, whichever was
greater. This lump sum was judiciously meted out by the
courts to, or on behalf of the dependants.
OO1ecl
MAY 1984 See Lee
168
Sections 64 to 69 - Compensation For Death (continued)
In 1918 The Workmens' Compensation Act was amended to
provide uniform monthly payments to widows and on behalf of
dependent children. The size of the monthly payment was
influenced by the number of dependent children and was.
unrelated to the earnings of the deceased. The basic |
widow's pension was payable for life, or until remarriage
and payments on behalf of dependent children (other than
dependent invalid children) were continued to the age of
majority. 7
In the 1973 Alberta Workers’ Compensation Act provision was
made for a change from uniform pensions, unrelated to
earnings, to a pension to the dependent spouse based upon
the average earnings of the deceased. In effect, the
dependent spouse received what the worker would have
received in recognition of permanent total disability.
The need to include an inflationary factor in capitalization
tables to provide for legislative increases after 1973,
combined with increases in maximum allowable earnings saw
the average cost of fatal claims rise dramatically. This
change has created considerable concern among employer
groups.
In 1981, The Workers' Compensation Act in Alberta was
amended to provide for rehabilitation of the dependent
spouse into productive, gainful employment. Essentially,
under the current Act, a gainfully employed spouse with no
dependent children may receive a five year reducing pension
001 cl
pT ee /169
169
Sections 64 to 69 - Compensation For Death (continued)
based on the average earnings of the deceased. A
rehabilitation program has, as its main focus, assistance to
the dependent spouse to become gainfully employed.
Where there are dependent children, the pension is payable
at the full rate until the youngest child attains the age of
eighteen years, after which the spouse, if gainfully
employed, will receive a reducing pension for a term of five
years.
Under the Canada Pension Plan legislation, benefits are
payable on behalf of a dependent child in full time
attendance at a school or university, provided that the
dependent child was under the age of 25 at the time of the
death of the contributor, and was substantially in full time
attendance since reaching the age of 18 years. Under the
current Alberta Workers' Compensation Act there is no
provision for extension of benefits to a dependent child
beyond the age of 18 unless the dependent child is an
invalid.
There are provisions for implementation of the five year
reducing term pension if the spouse fails to co-operate with
efforts aimed at rehabilitation. Full pension benefits may
be continued in those cases where it is not possible for the
Spouse to become gainfully employed because of age,
disability, or other reasons.
There is no provision for cessation of payment on remarriage,
nor for reinstatement of pension in cases of undue hardship,
Soe
MAY 1984 /170
170
Sections 64 to 69 - Compensation For Death (continued
(e.g., a widow who was rehabilitated to gainful employment
may subsequently become unemployable because of unexpected
illness).
Current legislation in Saskatchewan provides for a five year
non-reducing term pension. Entitlement to pension payment
ceases on remarriage with payment of a lump sum.
The proposed amendment in Quebec will provide for a lump sum
payment ranging from one to two times the average annual
earnings of the deceased, depending upon the age of the
spouse.
Currently Ontario provides uniform monthly payments not
related to earnings. Payment to a spouse continues for life
or until remarriage. However, the amendment presently
before the Ontario Legislature provides for a rather complex
formula under which benefits would vary according to age and
whether or not there is a dependent child under the age of
16. For a spouse over 40, the payment would consist of a
lump sum equal to the current maximum allowable earnings.
Pensions would be based on average earnings of the deceased
and would be payable to age 65 or date of death, whichever
occurs. first.
Dependency benefits in British Columbia are essentially the
same as are being proposed in Ontario, but the payment of
benefits is tempered by the number of dependent children and
pensions are payable for life or until remarriage.
001 cl
MC ee fiz)
al
Sections 64 to 69 - Compensation For Death (continued)
In Manitoba, the pension payable to the spouse is based on
the average earnings of the deceased and payable for life or
until remarriage.
New Brunswick is similar to Manitoba, but the pension is
payable only to age 65.
Nova Scotia pays uniform monthly amounts, not related to
earnings, for life or until remarriage.
Submissions
Add a provision empowering the Workers' Compensation Board to
reinstate pension payments to widows in deserving cases to
prevent undue hardship.
Provide for extension of benefits to a dependent child to age 25
while attending an accredited learning institution.
Provide some death benefits for non-dependent survivors, e.g.
parents of a single worker.
Section 69 should be amended to cover situations where the foster
parent award is split between two or more foster parents (see
previous section 37(5)).
Provide for termination of the pension for a surviving spouse on
remarriage. (Present wording provides for payment for at least
five years after the youngest child attains the age of 18 years).
Section 64(8) should be reworded to provide that payment will not
be reduced below the minimum amount provided under section 69(2).
601 el
MAY 1984
ie
Submissions (continued)
Section 68(d) should be clarified. There appears to be a
conflict between this section and the previous legislation which
provided payment to age 25 if schooling continues.
Provide lump sum options for dependent spouses irrespective of
date of death of the worker, (e.g., pre 1974, post 1973 and post
1981).
Upgrade pre 1974 widows pensions to reflect earnings of the
deceased increased by inflation.
Index survivor benefits to inflation.
Return to full widows pensions as pre 1982.
All references to dollar amounts should be transferred to the
General Regulations.
Adjust pensions to reflect income from Canada Pension Plan and
Old Age Security Program.
Recommendations
The Select Committee recommends that:
1. The present legislation be retained.
2. With respect to fatal accidents occurring on or after
January 1, 1982, any dependent spouse receiving periodic
pension payments be given the option of accepting a lump sum
payment.
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LE ERS eT Se a 2 ee /173
143
Recommendations (continued)
oe With respect to fatal accidents occurring prior to January
1, 1982, any dependent spouse in receipt of a periodic
pension should be given the option of accepting a lump sum
payment.
4, Where a dependant requests the lump sum option, the
implications of that choice be fully explained and payment
be withheld for at least 30 days, to give the dependant
sufficient time to reconsider the request.
5. Section 69 should be amended to provide that where the
children reside with two or more foster parents, the
Workers' Compensation Board may divide the amount payable to
a foster parent proportionately among them according to the
number of children cared for by each of them.
Section 72(a) - Fatalities - Special Assistance and Burial
Expenses
72(a)
lf a workers dies as a result of an accident for which compensation
is payable, the Board shall, subject to the maximum amounts pre-
scribed in the regulations, pay
(a) a sum of money to assist the dependent spouse in defraying costs
resulting from the death of the worker, or
Submissions
Delete the words "dependent spouse" to permit payment to other
persons who accept responsibility for burial arrangements.
001 cl
MAY 1984 /174
174
Recommendations
The Select Committee recommends that the words "dependent spouse"
be deleted from subsection (a) to permit payment to other persons
who accept responsibility for burial arrangements.
PART 4
Medical Aid
Section 73 - Furnishing of Medical Aid
(1) The Board may
(a) provide medical aid to a worker who suffers an accident,
or
(b) pay for the cost of medical aid provided to a worker who
suffers an accident.
(2) If any. apparatus or appliance, or the cost of any apparatus
or appliance, is provided by the Board pursuant to subsection (1),
the Board shall also provide for or pay for the cost of the repair,
maintenance and replacement of that apparatus or appliance if it
is in need of repair, maintenance or replacement by reason of
accident or ordinary wear and tear and if the disability in respect
of which the apparatus or appliance was provided continues.
Comment
As a consequence of their injuries, many workers require
"elective surgery" to restore their ability to return to
employment. The term “elective surgery" is used to describe
any surgery which is not required because of immediate
threat to life or limb. It includes not only hernia repair
and revision of scars, but can also apply to a broad
spectrum of operative remedies for backs, knees or other
joints or types of disabilities.
001 cl
MAY 1984 gs. BW
175
Section 73 - Furnishing of Medical Aid (continued)
A problem arises in that many workers may be required to
wait for two years or even longer for hospital admission so
that "elective surgery" may be carried out. If the non life
or limb threatening condition prevents the worker from
engaging in employment in the interim, full
compensation benefits may be continued, and the outlook for
eventual successful rehabilitation is adversely affected.
An amendment is also required to authorize the Workers'
Compensation Board to pay for medical .aid irrespective of
the date of the accident. At present, by virtue of section
150, section 73 applies only to claims for accidents which
occurred on or after January 1, 1982.
Submission
This section should be amended to direct that Workers'
Compensation Board patients will have admission priority second
to only emergency cases.
In subsection (1) of section 73, after the words, "The Board may"
add "regardless of the date of the accident".
Recommendations
The Select Committee recognizes that delays in "elective surgery"
are harmful to the recovery of workers and costly in terms of
additional benefits, and suggests that the Workers' Compensation
Board enter into discussions with hospitals, and the Alberta
Medical Association, with a view to expediting such surgery.
001 cl
MAY 1984 /176
176
Recommendations (continued)
The Select Committee recommends that the words "regardless of
date of accident," be added after "The Board may" in section 73,
sub section (1).
Section 74(a) - Clothing Allowance
74(a)
The Board may
(a) assume the cost of replacement or repair of articles of
clothing, dentures, eye-glasses, artificial eyes or limbs or
hearing aids that are lost, damaged or destroyed as a result of
an accident, regardless of the date of the accident, and
Comment
Section 19(1)(a) provides that compensation is payable to a
worker who suffers personal injury by accident. In the
circumstances there is disagreement as to whether or not a
worker must suffer personal injury to qualify for benefits
under section 74. Frequently a worker may suffer an
accident without personal injury, but as a consequence
thereof glasses, dentures, hearing aids, clothing, etc. may
be damaged or destroyed. Glasses, dentures, hearing aids,
artificial limbs may be replaced by the Workers'
Compensation Board under this section without any "personal
injury" but articles of clothing are not.
Submissions
Amend to provide for repair or replacement without requiring that
the worker suffer personal injury notwithstanding the provisions
of section 19(1)(a).
001 cl
Mayers ve ite {ig
177
Recommendations
The Select Committee does not recommend any change to the present
legislation.
Section 74(b) - Clothing Allowance
74(b)
The Board may
(b) on application of the worker, pay to the worker an annual
amount prescribed by the regulations for the replacement of
clothing that is worn or damaged
(i) by reason of the wearing of an upper or lower limb
prosthesis or appliance, or
(ii) by use of a wheelchair
required as a result of an accident, regardless of the date of
the accident.
Comment
The present wording of this section has been interpreted as
providing authority to pay the annual amount specified in
the regulations for a worker with an upper or lower 1imb
prosthesis, and a further similar amount if the worker is
confined to a wheelchair, notwithstanding the specific
wording of regulation 23, which provides that the amount
specified is the maximum amount payable.
Submissions
In section 74(b) immediately following the words "annual amount"
insert "not to exceed in total the maximum amount".
OO lect
MAY 1984 apretetnks Tee:
178
Submissions (continued
Amend section 74(b)(i) to read:
(i) by reason of the wearing of one or more appliances, or,
Recommendations
The Select Committee recommends The Workers' Compensation Act be
amended as suggested.
Section 75, 81 and 82.1 - Amount of Medical Aid, |
No Charge for Medical Aid, and Reimbursement of Health Care
Insurance Fund
75
(1) The Board shall determine all questions as to the necessity,
character and sufficiency of, and the amount payable in respect
of, any medical aid provided to a worker who suffers an accident.
(2) No action lies against
(a) any person other than the Board for the recovery of any
money in connection with medical aid provided under this
Part, or
(b) the Board for any amount in excess of the amount deter-
mined by the Board as payable in respect of medical aid
provided under this Part.
81
No part of the cost of any medical aid provided to or in
respect of a worker under this Part is payable by the worker.
8231
(1) The Board may make an arrangement with the Minister
of Hospitals and Medical Care (in this section called the "'Hos-
pitals Minister) respecting the following matters:
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MAY 1984 ca dma
179
Section 75, 81 and 82.1 - Amount of Medical Aid,
No Charge for Medical Aid, and Reimbursement of Health Care
Insurance Fund (continued
(a) the submission to the Hospitals Minister of all or any
specified classes of claims made by persons other than the
Board who have provided medical aid to workers under this
Part;
(b) the payment of all or part of the claims referred to in
clause (a) by the Hospital Minister from the Health Care
Insurance Fund under the Alberta Health Care Insurance Act;
(c) the payment by the Board into the.General Revenue Fund
of all or part of the administrative costs incurred by the Hos-
pitals Minister under the arrangement;
(d) the manner in which the times by which the Board
is to reimburse the Health Care Insurance Fund pursuant to
subsection (3).
(2) An arrangement under this section may be effective as of any date
not earlier than January 1, 1982.
(3) The Board shall reimburse the Health Care Insurance Fund
for all payments made from the Health Care Insurance Fund
pursuant to an arrangement under this section.
(4) The Board may include in its assessment on employers
amounts that will enable the Board to carry out its obligations
under an arrangement under this section.
Comment
Section 75 vests in the Workers' Compensation Board the
authority to determine the fees or charges to be made for
treatment of Workers' Compensation Board patients.
The Workers' Compensation Board is sensitive to its
responsibility in this area. In approval of fee schedules
the Workers' Compensation Board takes cognizance of the fee
Schedules of the Alberta Health Care Insurance Plan and
001 cl
MAY 1984 si ot¢ ote / LOU
180
Section 75, 81 and 82.1 - Amount of Medical Aid,
No Charge for Medical Aid, and Reimbursement of Health Care
Insurance Fund (continued)
holds discussions with the medical and other associations
representing various treatment disciplines. In recognition
of and additional cost factor, the Workers' Compensation
Board pays a fee for submission of necessary reports by the
treating physician. The fee for reports was set following
discussions with the Alberta Medical Association.
A problem arises in that the Alberta Health Care Insurance
Act specifically permits the physician to charge the patient
amounts in addition to fees payable under the Alberta Health
Care Insurance Plan, whereas section 81 of the Workers'
Compensation Act specifically prohibits levying added
charges against Workers' Compensation Board patients. Some
physicians suggest this difference may occassionally result
in billing complications.
Another problem arises because the Alberta Health Care
Insurance Plan restricts responsibility to only "basic
health services" and limits the amount of treatment services
ijt will pay for when the treatment is provided by
Chiropractors, Naturopaths, Optometrists, Dentists, etc.
(Drugs, dressings and prosthetic devices are not paid for
under the Alberta Health Care Insurance Plan). On the other
hand, the Workers' Compensation Board accepts full
responsibility for all treatment services, drugs, dressings,
and prosthetic devices required by an injured worker.
The Alberta Optometric Association described the
administrative difficulties which result under the present
001 cl
er i ae /181
181
Section 75, 81 and 82.1 - Amount of Medical Aid,
No Charge for Medical Aid, and Reimbursement of Health Care
Insurance Fund (continued)
system when the status of a patient is changed from Alberta
Health Care Insurance Plan to Workers' Compensation Board
responsibility, or the reverse after the billing for
services has been submitted to the Alberta Health Care
Insurance Plan.
There were submissions concerning administrative problems of
treating agencies because of the need to "split bill" the
Workers' Compensation Board and the Alberta Health Care
Insurance Plan for treatment services and submission of
reports, and comments were made with respect to the
duplication of administrative costs because of the present
system.
Submissions
These sections should be amended to permit physicians (including
medical and chiropractic) to determine their own Workers'
Compensation Board patient charges independently.
Fee schedules should be negotiated with the Workers' Compensation
Board - not unilaterally imposed by the Workers' Compensation
Board.
Treating Optometrists should be permitted to collect their fees
from the patient and the patient should be required to claim
reimbursement from the Workers' Compensation Board or the Alberta
Health Care Insurance Plan.
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MAY 1984 /182
eeeee
182
Submissions (continued)
Require the Workers' Compensation Board to process and pay all
medical aid charges for workers with acceptable claims.
Amend the legislation to require that the Alberta Health Care
Insurance Plan process and fully pay all medical aid costs
including drugs, dressings, prostheses, etc., with no
reimbursement from the Workers' Compensation Board.
Recommendations
The Select Committee recommends that:
Alberta Hospitals and Medical Care provide all information
required by the Workers' Compensation Board to enable it to
properly identify billings for compensable injuries and
diseases in order to charge costs to the correct employer
accounts.
The Select Committee concurs with the agreement whereby effective
April 1, 1984 all hospital accounts relating to treatment of
Workers' Compensation Board cases are submitted directly to the
Workers' Compensation Board for processing and payment.
The Select Committee urges that efforts be continued to minimize
problems and concerns arising out of payment for treatment
services rendered to Workers' Compensation cases.
Section 82(1)(a) - Transportation of Injured Worker
82
(1) An employer shall, at his own expense, furnish to any worker in
his employ who suffers an accident and who is in need of it,
immediate transportation
001 cl
Re ai sie /183
183
Section 82(1)(a) - Transportation of Injured Worker (continued)
(a) to the worker's home, or
Comment
Employers argue that if a worker is disabled as a
consequence of an accident it is appropriate to ensure
transportation is provided to a place where medical
treatment may be obtained, but it is inappropriate to
require that the worker be transported home. They point out
that transportation to a worker's home does not ensure that
any necessary medical treatment will be received, and
this reason should not be a requirement of The Worker
Compensation Act.
Submission
Delete section 82(1)(a).
Recommendation
The Select Committee recommends that part (a) of subsection (1)
of section 82 be deleted.
Section 82(1)(b) - Transportation of Injured Worker
for
cy
82
(1) An employer shall, at his own expense, furnish to any worker in
his employ who suffers an accident and who is in need of it,
immediate transportation
(b) if the worker needs medical aid, to a hospital or
other medical facility, a physician or any other
place that the worker's condition requires.
001 cl
MAY 1984
184
Section 82(1)(b) - Transportation of Injured Worker (continued)
Comment
A submission from an employer group advised that some
workers refuse transportation to a treatment agency
following an accident. It was suggested the refusal of
treatment may prolong the recovery period and result in
increased costs which adversely affect the merit rebate
position of the employer.
Submission
Amend this section to provide for relief of costs for the
employer's accident experience record for added costs resulting
from refusal of treatment.
Recommendation
The Select Committee recommends that this section be amended to
provide that the Workers' Compensation Board may relieve the
employers experience record with respect to added costs resulting
from refusal of treatment.
001 cl
Ok ee alle /185
185
PART 5
Vocational Rehabilitation
Section 83 - Board to provide vocational rehabilitational
Services
83
(1) The Board shall take whatever measures it considers necessary
to assist a worker injured in an accident and entitled to compensation
to return to work and to lessen or eliminate any handicap resulting
from that injury and, without limiting the generality of the fore-
going, may offer to do any or all of the following:
(a) provide physical, social and psychological services;
(b) relocate a worker who suffers from an occupational disease
and his dependants if in the opinion of the Board a change of
industry or occupation is advisable;
(c) provide vocational or other rehabilitation services;
(d) reimburse a worker engaged in a vocational or rehabilitation
program his actual and reasonable expenses, including the cost of
relocation, if applicable.
(2) If a worker dies as a result of an accident, his dependent spouse
is entitled to receive the same benefits and services as would have
been available to the worker under subsection (1) had he lived.
(3) The Board may, if it is of the opinion that such action will
assist in the rehabilitation of a dependent spouse receiving benefits
under section 64, provide that dependent spouse with a pension advance
but the total of the term pension payments received and the pension
advance shall not exceed the total amount payable under section 64.
Comment
As the result of an accident many workers experience
problems which cannot be resolved by payment of compensation
alone. Social and psychological problems may flow from
severe injuries which could affect the self image and
001 cl
MAY 1984 a0 5 ALO
186
Section 83 - Board to provide vocational rehabilitational
Services (continued)
confidence of the worker, or because of the nature of the
injuries the worker is unable to return to the job at which
the accident occurred.
In recognition that many workers require assistance to
overcome the social, psychological and other effects of
their injuries so that they may return to employment, the
Alberta Workers' Compensation Board established a Vocational
Rehabilitation department in 1952 and opened a
Rehabilitation Centre in that same year.
In addition to counselling and other services the Workers'
Compensatin Board arranges suitable vocational training for
workers whose injuries prevent them from returning to their
previous employment. Assistance may also be given in the
relocation of workers who have developed a potentially
disabling condition due to the effects of the environment in
which they have been working.
Submissions
Expand the wording of section 83(1)(a) to read:
(a) provide physical, social, psychological, and preventive
services.
Add section 83(1)(e) specifically authorizing provision of
rehabilitative surgery.
001 cl
MAY Toto erT See Pe es /187
187
Submissions (continued
In order to protect workers who may be injured while engaged in
Workers' Compensation Board sponsored "training on the job |
programs" with employers who are not under The Workers'
Compensation Act, amend The Workers' Compensation Act to provide
that workers engaged in Workers' Compensation Board sponsored
“training on the job programs" are workers of the Workers’
Compensation Board while involved in such programs.
Provide for continuation of full compensation for earnings loss
until the worker has been successfully rehabilitated with no
earnings loss.
Require employers to rehire injured workers (by adding an
amendment similar to the legislation in Quebec).
Require employers to hire a quota of handicapped.
Require employers to provide continued and suitable employment
for workers injured or contracting industrial disease on the job.
Provide for a guarantee of employment following retraining.
Recommendations
The Select Committee recommends that The Workers! Compensation
Act be amended to provide that workers engaged in Workers'
Compensation Board sponsored "training on the job programs" with
employers who are not covered by The Workers' Compensation Act
are workers of the Workers' Compensation Board while so engaged.
001 cl
MAY 1984 /188
188
Recommendations (continued
The Select Committee does not agree with the submission asking to
provide for continuation of full compensation for earnings loss
until the worker has been successfully rehabilitated with no
earnings loss.
With respect to the submission for the rehiring of injured
workers, the Select Committee is aware of the statement in the
Paul Weiler proposals that most employers respond to the rehiring
of injured workers. The Select Committee would encourage a
commitment by employers to rehire injured workers.
The Select Committee does not agree with the submission
requesting that employers be required to provide continuing and
Suitable employment for workers injured or contracting industrial
disease.
PART 6
Accident Fund and Assessments
Section 84 - Definition
In this Part, "cost of the claim" includes the capital cost of the
pension awarded and all amounts expended by the Board in connection
with compensation.
Submission
In this definition, after the word "compensation" add "including
assigned or apportioned costs".
001 cl
MOS et tw tt 8 8 /189
189
Recommendation
The Select Committee recommends this section be amended as
suggested.
Section 85 - Accident Fund
(1) A fund called the "Accident Fund" shall be provided by
contributions to be made by all employers in industries to
which this Act applies in the manner provided in this Act,
and compensation payable in respect of accidents and the costs
of administration shall be paid out of the Accident Fund.
(2) The Accident Fund maintained under The Workers’ Compensation
Act shall be incorporated into and form part of the Accident
Fund referred to in subsection (1).
(3) If at any time there is not sufficient money available in the
Accident Fund for payment of the compensation that becomes due,
the Lieutenant Governor in Council may direct that the compensation
be advanced out of the General Revenue Fund, and in that case the
amount advanced shall be repaid to the Provincial Treasurer after
the next following assessment under this Part.
Comment
This section deals with establishment of the Accident Fund,
inflow and outflow of funds, and borrowing from the General
Revenue Fund in case of deficit.
Submissions
For flexibility in repayment in case of borrowing from the
General Revenue Fund, after "Part" in section 85(3) add "or under
such other terms as the Provincial Treasurer may require".
Provide for reimbursement to the Workers' Compensation Board of
costs arising out of injuries to victims of criminal acts.
001 cl
MAY 1984 wis ILO
190
Submissions (continued
Add provision for the funding of the Reserve for Enhanced
Disabilities from the General Revenue Fund.
Provide that all Workers’ Compensation. Act changes requiring
additional funds be funded from the General Revenue Fund.
Make provision for the Provincial Government to provide funds to
eliminate all reserve deficits to date. |
Recommendations
1. The Select Committee recommends that the words "or under
such other terms as the Provincial Treasurer may require" be
added to section 85 subsection (3) after the word "Part" on
the last line.
2. The Select Committee does not agree with the submissions
requesting:
a. Reimbursement to the Workers' Compensation Board of costs
arising out of injuries to victims of criminal acts.
b. Provision that all Workers' Compensation Act changes
requiring additional funds be funded from the General
Revenue Fund.
c. Provision of funds by the Provincial Government to
eliminate all reserve deficits to date.
Section 87 - Auditor
(1) The Auditor General is the auditor of the Board.
001 cl
ey oe ee a OR ince, fu9t
191
Section 87 - Auditor
(2) The Board shall, on or before May 31 in each year, make a
report to the Lieutenant Governor in Council of its business and
affairs during the next preceding calendar year.
(3) The report shall be forthwith laid by the Minister before the
Legislative Assembly if it is then in session, and if it is not then
in session, within 15 days after the opening of the next session.
(4) The Board shall have an actuarial evaluation of its pension ac-
counts made every 5 years, or in any lesser period the Lieutenant
Governor in Council directs, by an independent duly qualified ac-
tuary, whose report shall be made to the Board and laid before the
Legislative Assembly in the same manner as an annual report under
subsection (3).
Comment
This section provides for auditing of the Workers'
Compensation Board's operations by the Auditor General, the
submission of annual reports to the Legislative Assembly and
actuarial review of the Workers' Compensation Board's
pension accounts by an independent actuary.
Submissions
Establish a Committee or Council of employers and require the
Workers' Compensation Board to meet with them semi-annually to
discuss fiscal matters.
Require annual actuarial review/evaluation of the Workers'
Compensation Board's fiscal operations.
Impose "zero base" budgeting on the Workers' Compensation Board's
Operations.
Introduce requirement for comparative budgeting with five year
projections. Require publication of the Workers' Compensation
Board's annual administrative budget and variance analysis.
O0lecl
MAY 1984 eer og Ate VA
192
Submissions (continued
Reword section 87(4) governing actuarial review:
Change "pension accounts" to read "liabilities".
Replace "... laid before the Legislative Assembly in the
Same manner aS an annual report under subsection (3)." with
"... published in the Annual Report of the Board".
Recommendations
The Select Committee recommends:
i. Introduction of the requirement for comparative
administrative budgeting with two year projections and
publication of the Workers' Compensation Board's annual
administrative budget with variance analysis.
2. Amendments to section 87 subsection (4) to change “pension
accounts" to read "liabilities" and to replace the words
"laid before the Legislative Assembly in the same manner as
an annual report under subsection (3) "with" and included in
the annual report of the Board."
The Select Committee concurs that the Workers' Compensation Board
should continue to strive for improved communication with
employers.
The Select Committee does not agree with the recommendations to:
it Impose "zero base" budgetting upon the operations of the
Workers' Compensation Board, as the Workers' Compensation
001 cl
Mette eC aR (i983
193
Recommendations (continued)
Board must be able to respond to claims and services demands
which are unforeseen.
2. Require annual actuarial/review of the Workers’ Compensation
Board's fiscal operations because the Auditor General audits
the accounts and operations of the Workers' Compensation
Board annually.
Section 88 - Employer Liable for Assessment
An employer in an industry to which this Act applies is liable
for payment to the Accident Fund of contributions pursuant to an
assessment made against him and other contributions required of
him under this Act.
Submissions
Amend to permit coverage through private insurance carrier.
Amend to require worker contribution on cost sharing formula.
Recommendations
The Select Committee does not agree with the submissions
requesting amendments:
1. To require workers to contribute to worker's compensation
costs through cost sharing formula.
2. To permit workers compensation coverage through private
insurance arrangements. Having regard for experience with
ODE ea
MAY 1984 we eee
194
Recommendations (continued
private insurance coverage in the United States the Select
Committee would have concerns with respect to introduction
of similar plans in Alberta.
Section 89 - Separate experience accounts for each
employer
(1) The Board shall maintain separate experience accounts in
respect of assessments levied and costs of claims chargeable in
respect of each employer, but for the purpose of paying compen-
sation the Accident Fund is one indivisible fund.
(2) If it appears to the satisfaction of the Board that a worker has
been injured or killed due to the negligence of another employer or
his worker, the Board may direct that the cost of the claim shall be
included in the experience account of that employer and, where the
employers are in different classes, charged to the class in which that
employer is included in the same manner as if that cost had been
expended in respect of a worker of that employer, except that where
it appears to the satisfaction of the Board that the injury to or
death of the worker is due to the negligence of 2 or more persons, 1
of whom may be the worker who was injured or killed, the Board may
direct
(a) that the cost of the claim shall be so included and charged
in the experience accounts and classes of the employers who, or
whose workers, were negligent, in proportion to the degree of
negligence of each person involved, or
(b) that the cost of the claim be included and charged. in equal
proportions in the experience accounts and classes of the em-
ployers involved where the Board is of the opinion that.it cannot
establish different degrees of negligence.
(3) For the purposes of the Act, the experience account of an em-
ployer shall not take into consideration earnings of workers of that
employer received from a source other than that employer.
001s ci
MAY 1984 cee rego
195
Section 89 - Separate experience accounts for each
employer (continued)
Comment
Basically, the costs charged against the experience accounts
of an employer are measured against assessments to determine
whether the employer should receive a merit rebate or should
be subjected to a super assessment.
In any classification where assessments are based upon
payroll, the ratio of total charges against the experience
accounts of all employers in the classification to
assessments received is reflected in the assessment rate for
that classification. Other costs are also considered, for
example, estimated future costs of current claims,
contributions to mutuality reserves, interest earnings, etc.
Under current Workers' Compensation Board policy the
experience accounts of employers may be relieved of certain
types of costs. For example, the added expenditures arising
out of the effects of an accident injury which enhances a
condition or disability existing before the accident may be
removed from the experience account of the employer and
charged against a mutuality reserve funded by assessments on
all employers. When this occurs such costs are excluded
from the merit rebate and super assessment calculations.
The most common types of costs affected by this policy
relate to back injuries, major joint injuries, heart
attacks, etc.
001 cl
MAY 1984 /196
196
Submissions
Provide that the full costs of acceptable claims must be charged
to the employers' experience accounts. Eliminate the practice of
providing cost relief by charging a portion of costs to mutuality
reserves.
Recommendations
The Select Committee recommends that the policies of the Workers'
Compensation Board with respect to cost relief and mutuality
reserves be examined in conjunction with development of a rate
differential incentive system (see recommendations under section
SON
Section 90 - Apportionment of Fatal Awards
(1) Subject to the regulations, the costs of capitalized awards
made in any year to dependants of deceased workers shall, irre-
spective of the year in which the accident that caused the death
occurred, be apportioned equally among all fatal accidents accepted
in that year by the Board.
(2) The capital value of increases in monthly payments to foster
parents, dependent spouses and dependent children authorized under
section 69(2) and (3) in respect of accidents occurring before January
1, 1974 shall not be included in determining the cost of capitalized
awards for the purposes of subsection (1).
General Regulation 17 and 18
te,
In apportioning the cost in any year of capitalized awards arising out
of the deaths of workers, no costs resulting from the death of workers
of the Government of Canada, the Government of Alberta or the Alberta
001 cl
MAY 1984 peer:
297,
General Regulation 17 and 18
Covernment Telephones Commission shall be considered, nor shall the
costs of accidents occurring before the termination of the Board's
1951 fiscal year be considered.
The charge against the employers made in respect of any accident that
occurred prior to January 1, 1974 shall be equal to the amount of the
average cost of a fatal accident calculated and charged for the year
of occurrence of the accident, and the charge shall be deducted from
the cost of all capitalized awards in any. year before the
apportionment required under section 90 of-the Act is made.
Comment
The submissions from municipalities requested that they be
permitted to self insure their pension awards. They argued
that municipalities could current cost pension payments and
thereby hold assessment rates at a lower level. The cost of
pension payments would simply be incorporated into the tax
base.
The present policy of the Workers' Compensation Board is
aimed at elimination of self insuring accounts to whatever
extent is possible. Self insurers do not contribute to the
mutuality of collective liability and the principle of
collective liability is fundamental to Workers' Compensation
legislation.
The provisions of sections 90(2) and (3) modify General
Regulations 17 and 18 which address the procedure for the
apportioning of the capitalization costs of fatal claims.
001 cl
MAY 1984 aed
198
Submissions
Permit municipalities to self insure pension awards.
Transfer sections 90(2) and (3) to the regulations (See General
Regulations 17 and 18).
Recommendations
The Select Committee recommends that the provisions of sections
90(2) and (3) be transferred to the General Regulations (see
General Regulations 17 and 18).
The Select Committee does not agree that municipalities should be
permitted to self insure pension awards.
Section 91 - General Assessment
(1) In accordance with and for the purposes specified in the reg-
ulations, the Board shall assess and levy on employers a sum based
on a percentage of payroll or on some other rate that, or a specific
sum that, allowing for any surplus or deficit in the class, the Board
requires.
(2) For purposes of assessments under this Act, the Board may
(a) establish classes and subclasses in an industry,
(b) establish differentials and proportions in the rates as
between the different kinds of employment in the same class or
subclass as the Board considers proper, and
(c) where any particular industry is shown to be so circum-
stanced or conducted that the hazard is greater or less than the
average of the class or subclass to which the industry is
assigned, impose on the industry a special assessment to corres-
pond with the hazard.
001 cl
MAY 1984 oie ahey 499
199
Section 91 - General Assessment (continued)
Comment
Employer Liability
Historically, the German system of Workmens' Compensation
was the first to incorporate the concept of mutual liability
of employers on the basis of risk, a simple adaptation of
the insurance principle under which employers are placed
into industry groupings according to apparent hazard.
Industries of similar risk are then grouped into rating
classifications and sub-classifications. This system of
rating classification is considered fair because it is based
upon the principle that all employers should contribute
assessments at a rate which reflects the level of overal]
risk of the industry in which they are engaged.
Canadian Legislation based upon the recommendations of Chief
Justice Sir W. R. Meredith of Ontario in 1913 included a
change to a mutuality concept similar to the German system,
and a move away from the courts and insurance companies. By
creating a mutual fund based on the collective liability of
employers, and establishing an independent Board with
adjudicative authority, the new system permitted elimination
of the involvement of the courts while providing for prompt
payment of claims.
The submission by Chief Justice Sir W. R. Meredith ‘ included a
schedule of 42 industry classifications under Schedule 1 and
he included an additional 6 classifications of self insurers
in Schedule 2.
*
Final Report on Laws Relating to the Liability of Employers -
Sir W. R. Meredith - 1913.
OO cl
MAY 1984 /200
200
Funding of Liabilities
In developing his recommendations in relation to funding,
Chief Justice Sir W. R. Meredith studied the German
Workmens' Compensation system and also reviewed the approach
taken in the states of Ohio and Washington.
At that time the German system was based on a "pay as you
go" or "current costing" method. There was no provision for
future costs of current claims. As a consequence, with the
addition of new claims each year, and the continuation of
old claims the costs of compensation increased each year,
and it was necessary to increase the assessment rates almost
annually to meet the growing expenditures.
The "current costing" method is in conflict with those who
believe that all costs, both current and future, arising out
of accidents occurring in a given year should be paid from
assessments upon employers in that year. This total funding
concept is based upon the conviction that future employer's
should not be expected to contribute to the costs arising
out of past claims, and all contingent liabilities should be
fully funded in order to ensure protection for those who
have ongoing entitlement.
Due to inflationary factors prevalent during the past
fifteen years, it would probably be safe to say that very
few (if any) Workers' Compensation Boards are fully funded
* Final Report on Laws Relating to the Liability of Employers -
Sir W. R. Meredith - 1913.
001 cl
MAY 1984
201
Section 91 - General Assessment (continued)
Funding of Liabilities (continued)
today. For example at the end of 1982 Ontario reported an
unfunded liability of approximately $1.5 billion, compared
to $504 million for British Columbia. This situation has
resulted in re-evaluation of the philosophy of funding.
Today there are some who advocate a mixture, such as
"current costing" for medical payments and full funding of
pension liability, or some other combination resulting in
less than full funding.
Submissions
Establish a unique classification for farming.
Provide for subsidization of farm coverage from the General
Revenue Fund (the differential between $2.50 and required actual
rate).
Review the methods of financing claim costs with a view to
eliminating/preventing class deficits.
From section 91(1) delete the phrase "..., allowing for any
surplus or deficit in the class,...".
In section 91(2)(a) change “in an industry" to "of industries".
In section 91(2)(b) after "...different kinds of employment..."
insert "2.,0@ types: Of coverdde. seis
001 cl
MAY 1984 /202
202
Submissions (continued)
The Occupational Health and Safety Division should carry out an
.
inspection prior to the Workers' Compensation Board establishing
a new account. ,
Recommendations
The Select Committee recommends that:
1. The words "allowing for any Surplus or deficit in the class"
be deleted from section 91(1).
2. The words "in an industry" be replaced by “of industries" in
section 91(2)(a).
3. In section 91(2)(b) the words "or types of coverage" be
inserted after the words "different kinds of employment."
The Select Committee is aware that the assessment system of the
Workers' Compensation Board is currently under review and an
independent consultant has been engaged to assist in that regard.
Section 93 - Assessments for Occupational Health and Safety
23)
The Board may include in its assessment on employers amounts
that will enable the Board to carry out its obligations under
section 30 of The Occupational Health and Safety Act and pay
those amounts to the Provincial Treasurer.
Comment
The annual budget for the Occupational Health and Safety
Division includes an estimate of revenue which should be
received from the Workers' Compensation Board through
DOT ce)
je ES ee /203
203
Comment (continued)
assessments upon industry. When the budget has been
approved, the Workers' Compensation Board incorporates
factors in the assessment rates to ensure the required
amount will be recovered from the assessments upon
employers.
Some employer groups suggested that this practice be
discontinued and the full operational costs of the
| Occupational Health and Safety Division be obtained from the
General Revenue Fund of the Province.
Other employer groups disagreed and suggested this source of
funds be broadened to provide funding for industry
controlled safety associations and safety councils.
Prior to establishment of the Occupational Health and Safety
Division in 1976, the Workers' Compensation Board supported
Accident Prevention Associations.
Submission
Delete section 93 and fully fund the Occupational Health and
Safety Division from the General Revenue Fund.
Provide funds from Workers' Compensation Board assessments to
support industry controlled safety association and safety
councils.
Recommendation
The Select Committee does not agree that this section should be
deleted, nor does it agree that the Occupational Health and
001 cl
MAY 1984
2C4
Recommendation (continued)
Safety Division should be fully funded from the General Revenue
Fund.
The Select Committee recommends that:
1. Assessments upon employers for the purposes of section 93
Should be by way of a percentage of the assessable payroll,
and the current practice of determining assessments for this
section on the basis of the Occupational Health and Safety
Division's activity statistics should be discontinued.
2. A joint position paper on the funding of industry
associations should be prepared by the Workers' Compensation
Board and the Occupational Health and Safety Division for
distribution to representatives of industry and labour, who
Should be invited to discuss the contents with
representatives of the Workers' Compensation Board and the
Occupational Health and Safety Division. Following the
discussions, a report with recommendations should be
forwarded to the Minister responsible for Workers' Health,
Safety and Compensation.
Section 103 - Persons who might be Employers
103
The Board may require a person who, in its opinion might be an
employer in an industry to which this Act applies, to prepare and
deliver to the Board a statement signed by him giving full part-
iculars concerning the nature of the different classes of work
carried on by him and any particulars required by the Board concerning
his payroll or other matters pertaining to his work, and that person
shall prepare and deliver the statement as prescribed by the Board.
Obtecl
MAY 1984 sae Haale
205
Submission
Replace "...different classes of work..." with "...different
types of work...".
Recommendation
The Select Committee recommends this section be amended as
suggested.
Section 104 - Separate Statements for each Class or
Subclass
If the business of an employer consists of more than 1 class
or subclass of industry, the Board may require of the employer
separate statements under section 97 to 103 as to each class or
subclass of industry and the employer shall prepare and deliver
those statements as prescribed by the Board.
Submissions
Delete the words "class or subclass of" wherever these words
appear in section 104,
Recommendation
The Select Committee recommends that words "class or subclass of"
be deleted from section 104 wherever they appear.
Sections 107, 108 and 109 - Rewards and Penalties
for Safety
107
If, in the opinion of the Board,
(a) the ways, works, machinery and appliances of an employer
001 cl
MAY 1984 45/206
206
Sections 107, 108 and 109 - Rewards and Penalties
for Safety (continued)
conform to modern standards so as to reduce the hazard of ac-
cidents to a minimum,
(b) all proper precautions are being taken by the employer for
the prevention of accidents, and
(c) the accident record of the employer has been consistently good,
the Board may reduce the amount of any contribution to the Accident
Fund for which the employer it liable in an amount is considers
appropriate.
If in the opinion of the Board,
(a) an employer does not take sufficient precautions for the
prevention of accidents to workers he employs, or
(b) the working conditions are not safe or the first aid
requirements required by The Occupational Health and Safety Act
or regulations under that Act have not been complied with,
the Board may assess and levy against the employer an amount in
addition to the other assessments authorized by this Act that the
Board considers just and may exercise that power as often as is
appropriate in the opinion of the Board.
(1) If an accident causing injury or death to a worker in respect
O01.cl
MAY 1984 ee esr Br Ey
207
Sections 107, 108 and 109 - Rewards and Penalties
for Safety (continued)
of which compensation is payable occurs and, in the opinion of the
Board, the injury or death was due entirely or mainly to the failure
of an employer to comply with The Occupational Health and Safety Act
or with regulations or an order made under that Act, the Board may
levy and collect from the employer as a contribution to the Accident
Fund, a sum of money not exceeding * of the cost of the claim in respect
of the injury or death.
(2) In the case of the death of a worker, the cost of the claim for
the purposes of subsection (1) is the amount apportioned to that
accident under section 90.
Comment
It is argued that the power to reward or punish employers
for compliance with, or failure to comply with
Occupational Health and Safety Regulations should be
embodied in The Occupational Health and Safety Act. (not
The Workers' Compensation Act).
Submission
Transfer these provisions/powers to The Occupational Health and
Safety Act.
Recommendation
The Select Committee recommends that:
1. Section 107 be rescinded.
23 The provisions of sections 108 and 109 be transferred to The
O03<-cl
MAY 1984 Ae eu od aA) 3
208
Sections 107, 108 and 109 - Rewards and Penalties
for Safety (continued)
Occupational Health and Safety Act and appropriately worded
for inclusion therein.
section 110 - Merit Rebates and Super Assessments
11
(1) The Board may, if it considers it appropriate, acopt a system
of merit credits and super-assessments and may, in accordance with
the guidelines it establishes in relation to the employer's accident
experience record, grant a credit or rebate to an employer or levy
a super-assessment on him, as the case may be.
(2) The amount of a super-assessment shall not exceed the assess-
ment otherwise made under this Act by more than /3.
Comment
This section provides authority to pay a merit rebate or
levy a Super assessment based on the employer's accident
experience (cost) record. It limits the super assessment to
Wie of the assessment.
The provision for the charging of a super assessment not
exceeding 1/3 of the assessment was first inserted into The
Workers' Compensation Act in 1937. At that time provision
was also made for a merit rating system. Although a formula
was implemented in 1938 for the calculation of super
assessments it was not until January 1, 1940 that the
Workers' Compensation Board implemented a merit rebate
system after reviewing systems in place in other Provinces.
The basic formula for calculation of merit rebates has not
been significantly changed since its inception although the
percentages of assessment which could be earned as merit
O07 cl
MAY 1984 te are COS
209
Section 110 - Merit Rebates and Super Assessments (continued)
rebates have been modified over the years. For example,
initially the maximum rebate payable was 10% of assessment
for all industries excepting the lumbering industry, where
jt was possible to earn 15%. Each year the maximum
allowable rebate was reviewed for each industry, until in
1957 it was set uniformly at 25% and in 1969 was increased
to 334/3%.
The formula for calculation of super assessments was amended
a number of times over the years, but has remained
essentially unchanged since the early 1950's. The maximum
rate of super assessment was decreased to 25% of assessment
in 1960, and was returned to 331/34 in 1969 when the maximum
merit rebate was also increased to that level.
Over the years there has been an erosion of the cost
experience base used for calculations. In 1959 a change was
made whereby costs of accidents occurring more than 3 years
prior to the year under consideration were excluded. More
recently various other types of costs have also been
excluded, e.g., major back claims, heart claims, costs
arising out of enhancement of previous injuries or
conditions, etc.
The rules governing merit rebates and super assessments are
based on Workers' Compensation Board policy which is
currently under review.
Employer groups argue that under current policy it is too
easy for an employer to receive a full merit rebate, and too
difficult to incur a super assessment. They submit that the
plan does not work as an incentive to reduce accident costs.
001 cl
MAY 1984 /210
210
Section 110 - Merit Rebates and Super Assessments (continued)
They suggested a number of different formulae and concepts
of experience rating systems, and merit rebate system
modifications, which the Workers' Compensation Board has
included in the review of this area of concern. |
Submissions
Reword this section to permit an experience rating system of
classification and rating.
Consolidate with section 92.
Eliminate the restriction of 331/34 for super assessments.
Charge all costs of acceptable claims to the experience record of
the employer and class.
For super assessments, when claims costs are 250% of assessments
for any account ‘the Workers' Compensation Board should require an
inspection by Occupational Health and Safety Division, an
approved safety program, quarterly reports to Occupational Health
and Safety Division, and authority to close the account.
The Workers' Compensation Board should award merit rebates on the
basis of a compliance report from the Occupational Health and
Safety Division, and approved safety training programs.
O01cl
RENE SS 8 ae 201
a bh
Recommendations
The Select Committee recommends that:
1. The Workers' Compensation Board eliminate the existing merit
rebate and super assessment systems aS soon as a rate
differential incentive system can be developed.
2. The Workers' Compensation Board should continue its efforts
to reduce the number of rating classifications.
Section 120 - Board may Waive Penalty
120
The Board may waive the payment of all or part of a penalty
imposed on an employer pursuant to this Act or the regulations,
except a fine under section 122(2) or 145.
Comment
The reference to section 145 is incorrect. It should be
deleted.
Submissions
Delete the reference to section 145.
Recommendation
The Select Committee recommends deletion of the reference to
section 145,
O0lcl
MAY 1984-5 a Fel2
‘Wa
Section 123 - Liability of Principal, Contractor and
Subcontractor
(1) Where any work is performed by a contractor for any person
(in this section called the "principal"),
(a) both the principal and the contractor are liable for the
amount of any contribution pursuant to an assessment relating to
that work, and
(b) that amount may, in the discretion of the Board, be
collected from either of them, or partly from one and partly from
the other,
but in the absence of any term in the contract to the contrary, the
contractor is, as between himself and principal, liable for that
amount.
(2) Where any work is performed under a subcontract,
(a) the principal, the contractor and the subcontfactor are each
liable for the amount of any contribution pursuant to an assess-
ment relating to that work, and
(b) that amount may, in the discretion of the Board, be
collected from any of them or partly from one and partly from
the other or others.
but in the absence of any term in the subcontract to the contrary, the
subcontractor is, as between himself and the others, liable for that
amount.
(3) <A principal may withhold from any money payable to a con-
tractor the amount that the principal is liable to pay under this
section and pay that amount to the Board, and as between the
principal, the contractor and the subcontractor, the payment shall be
deemed to be a payment on the contract or subcontract or both, as the
nature of the payment requires.
(4) A contractor may withhold from any money payable to a sub-
contractor the amount that the contractor is liable to pay with
respect to the subcontractor under this section and pay that amount
to the Board and, as between the contractor and the subcontractor,
001 cl
MAY 1984 Seriya
213
Section 123 - Liability of Principal, Contractor and
Subcontractor (continued)
the payment shall be deemed to be a payment on the subcontract.
The discussion hereunder should be read in conjunction with the
comments under sections 1(1)(v) and 11.
Comment
Because of difficulties in collecting assessments from
subcontractors performing a wide range of services for
principal contractors, the Workers' Compensation Acts of the
various Canadian jurisdictions make principal contractors
jointly responsible for the assessment liabilities of their
subcontractors. In all jurisdictions the principal may
withhold assessments from monies owing to the subcontractor
pending receipt of confirmation that the assessment
liability of the subcontractor has been paid. In some
provinces the principal contractor may forward the amount
withheld to the Workers' Compensation Board.
In many instances the records of the principal contractor
are the only source of information through which the
Workers' Compensation Board is able to identify
subcontractors and collect assessments for coverage of their
workers.
In Alberta, The Workers' Compensation Act provides that the
principal may withhold the amounts of assessments owing by
the subcontractor and forward the amount withheld to the
Workers' Compensation Board to apply on the account of the
subcontractor.
0G1cci
MAY 1984 /214
214
Section 123 - Liability of Principal, Contractor and
Subcontractor (continued)
The Alberta Workers' Compensation Board will, on request,
advise a principal of the status of the account of any
subcontractor for whose assessment the principal may become
liable. A problem arises when a subcontractor arranges
coverage in order to be eligible to obtain a contract, then
closes the account with the Workers' Compensation Board
after the principal has received verification that coverage
was obtained.
In such cases the principal may unwittingly make payment in
full to the subcontractor, only to discover that the
subcontractor has an assessment liability for which the
principal may be held responsible because of failure to
obtain a written clearance from the Workers’ Compensation
Board in relation to the subcontractor prior to making
payment to the subcontractor.
A number of submissions suggested that subcontractors and
proprietors (independent operators) requesting coverage be
required to make advance payment of assessment for a minimum
period, (e.g., 3 months, 6 months), as determined by the
Workers' Compensation Board and that identification cards be
issued bearing confirmation of the period of coverage. It
was proposed that such assessments should not be refundable
during the period stated on the identification cards without
penalty, and any request for termination of coverage should
require surrender of the card. It was submitted that under
such a system the principal could be assured of the details
of coverage prior to engaging the services of the
subcontractor or proprietor. It was also suggested that the
GOT ex
OO ee a SE {215
als
Section 123 - Liability of Principal, Contractor and
Subcontractor (continued
system as proposed would reduce correspondence,
administrative costs and frustration for principals,
subcontractors, and proprietors.
Submissions
Provide that all proprietor accounts must remain open for a
minimum period determined by the Workers’ Compensation Board,
(e.g. 3 months, 6 months, etc.).
Require non refundable prepayment of proprietor coverage for a
minimum period and issue identification cards to confirm period
of coverage.
Require prepayment of assessments by proprietors, issue
identification cards and do not permit closure of account without
penalty and surrender of identification card confirming coverage.
Eliminate principal liability for contractor, subcontractor and
proprietor.
Safeguard principals from interest accruing on holdback monies
while awaiting official Workers‘ Compensation Board clearances.
Provide that proprietor accounts must remain open for a
reasonable period.
Do not require prepayment of assessment coverage by proprietors.
Do not issue identification cards.
COi-cl
MAY 1984
216
Submission (continued
Improve Workers' Compensation Board communication by providing a
dedicated, computerized library service with respect to
proprietors and individuals who have obtained personal coverage.
Require proprietors to prepay assessments for the period of
coverage obtained.
Recommendations
The Select Committee recommends that:
1. Proprietors seeking coverage be required to prepay
non-refundable assessments for a minimum of three months.
Be Identification cards be issued to proprietors confirming the
period for which they have obtained coverage.
3. There be no change to the provisions governing the liability
of principal, contractor and sub-contractor under section
i237
4. Consideration be given to improvement of Workers'
Compensation Board communications by providing a dedictated,
computerized library service with respect to proprietors and
other individuals who have obtained personal coverage so
that this information will be more readily available.
The Select Committee does not agree it is necessary to safeguard
principals from interest accruing on holdback monies while
awaiting official Workers' Compensation Board clearances.
enkrey
MOR ha a ee /21/
217
Section 126 - Priority of amount due to Board
Notwithstanding anything in any other Act, the amount due
to the Board by an employer
(a) pursuant to an assessment made under this Act,
(b) in respect of any amount that the employer is required to
pay to the Board under this Act, or
(c) on any judgment for an amount referred to in clause (a) or
(b) is a charge on the property or proceeds of property of the
employer, including money payable to, for or on account of the
employer, within Alberta, and has priority over all assignments
by way of security, debts, liens, charges, mortgages or other
encumbrances whatsoever, whenever created or to be created,
except wages due to workers from that employer in cases where the
exercise of the priority would deprive the workers of their
wages.
Submissions
Add a paragraph voiding assignment of book debts, debentures, or
chattel mortgages as against the Workers' Compensation Board's
charge.
Add a provision giving the Workers’ Compensation Board a claim on
assigned accounts receivable.
Recommendations
The Select Committee recommends that The Workers’ Compensation
Act be amended to give the Workers' Compensation Board priority
right of claim against book debts assigned by delinquent
employers.
OG? cl
MAY 1984 os sacle
218
Section 129 - Sale of Lumber
(1) Except in the case of a retail sale of lumber by a retail dealer
in the ordinary course of his business, a purchaser of lumber shal]
demand of the vendor and the vendor shall deliver to the purchaser,
before the purchaser pays any of the purchase price for the lumber,
a certificete from the Board stating that it has no claim under this
Act against the producer or vendor of the lumber.
(2) If the vendor fails to provide the certificate, the purchaser is
liable to the Board for an amount that is equal to the amount due
from the producer or vendor to the Board but not greater than the
fair market value of the lumber.
(3) In addition to his liability under subsection (2), the purchaser
is liable to the Board in any further amount per 1000 feet board
measure of the lumber so purchased that the Board by written notice
to the purchaser requires.
(4) A purchaser of lumber to whom this section applies shall] keep
in the form and detail that the Board requires, accounts of al] lumber
purchased by him, and when required shall submit those accounts
for examination by the Board or any authorized officer of the Board.
(5) Money owing to the Board by a purchaser of lumber under this
section may be paid out of the purchase price of the lumber, and
that payment constitutes @ payment to the vendor on account of the
purchase price of the lumber,
(6) Money owing to the Board by a purchaser of lumber under this
section is payable not later than the last day of the month following
the month in which the lumber was purchased and may be collected
from the purchaser in the same way as if it were owing pursuant to
an assessment for that amount against the purchaser.
Comment
At the present time there is a dichotomy in the lumber
industry. Logging production is measured in cubic metric
measure whereas finished lumber for export sale is measured
in foot board measure.
GU Deed:
MAY 1984 MP WAL?)
219
Section 129 - Sale of Lumber (continued
It has been suggested that section 129 be amended to include
metric measurement in order to eliminate the complication of
having to carry out conversion calculations when applying
the section to logging or tie cutting operations.
Submission
Reword this section to reflect metric measurement as well as
board feet.
Recommendation
The Select Committee recommends that subsection (3) of section
129 be amended to provide for use of metric measurement where
applicable.
PART 7
General
Section 141 - Confidentiality of Information
(1) No member, officer or employee of the Board and no person
authorized to make an investigation under this Act, shall except in
the performance of his duties or under authority of the Board, divulge
or allow to be divulged any information obtained by him in making
the investigation or that comes to his knowledge in connection with
the investigation.
(2) No member or officer or employee of the Board shall divulge
information respecting a worker or the business of an employer that
is obtained by him in his capacity as a member, officer or employee
unless it is divulged under the authority of the Board to the persons
directly concerned or to agencies or departments of the Government
of Canada, Government of Alberta or another province.
001 cl
MAY 1984 BH i540)
220
Section 141 - Confidentiality of Information (continued)
Comment
The majority of submissions touched on this topic,
requesting greater access to claim file information. A wide
variety of reasons were given for relaxation of the
confidentiality provisions. Both labour and industry asked
that the worker and the employer have access to claim file
information in order to enable better preparation for appeal
hearings. In addition, employer groups asked for access to
claim file information to permit preview of a
worker's claims history profile from the Workers'
Compensation Board's files as a guide to hiring. It was
also asked that claims experience profiles of individual
employers be provided to associations without prior
permission from those affected. It was argued that such
access would assist the associations in their efforts to
educate and encourage employers in improvement of safety and
accident prevention.
Some submissions requested that employer associations be
given full access to claim file information relating to
their particular industries, to enable them to monitor the
adjudication of claims.
At the present time the Alberta Workers' Compensation Board
restricts access to claim file information. A worker,
employer, or bona fide representative of either is permitted
a review of the information on file with an officer of the
Workers' Compensation Board. However, copies of actual file
documents are not provided.
O01 vel
NA ee) co a feel
Zon
Section 141 - Confidentiality of Information (continued)
On the other hand, an examining medical specialist may be
provided with copies of medical reports on a confidential
basis to assist in arriving at diagnostic conclusions and
recommendations.
It is argued that there may be situations where the
condition of the worker is such that imprudent revelation of
all the medical facts might have an adverse effect. In such
cases, an effort is made to have the worker's own personal
physician provide an appropriate explanation in reply to the
worker's request.
A recent amendment to the Nova Scotia Workers' Compensation
Act gives the Workers' Compensation Board of that province
unrestricted authority to divulge information. In that
province, as in British Columbia, there is a separate appeal
body. It is titled Workers' Compensation Appeal Board.
Upon request the Appeal Board will make available to an
appellant, or the counsel or agent of the appellant for
scrutiny, all documents, reports, and files in respect of
the claim.
Since 1980 The Quebec Workers! Compensation Act has provided
that a person entitled to benefits under The Workers'
Compensation Act, whether it be the worker, or a person
whose entitlement arises out of a fatality, has the right of
access to the full record kept on the worker, or the
deceased, as the case may be, free of charge.
In British Columbia the courts have ruled that in the case
of appeal the parties involved are entitled to full
disclosure of information relevant to the appeal.
O01 61
MAY 1984 {222
222
Section 141 - Confidentiality of Information (continued
Manitoba permits disclosure only with the permission of the
Workers' Compensation Board.
Alberta permits restricted disclosure.
Where a disputable issue exists, Ontario provides the
worker, the representatives, or dependants of the worker (if
a fatal claim) with full access to the claim file and a
photocopy of the file on request. The employer or the
representative of the employer may be provided with
information relevant to the issue in dispute.
Submissions
Amend so that in cases of appeal the complete contents of the
file will be available to both parties.
Provide that workers, their dependants or assignees of either
have full access to relevant information in their Workers'
Compensation Board claim files.
Grant workers the right to be provided with copies of all medical
reports in their claim files.
Provide full access for employers to all information in claim
files relating to their workers including accident claims history
profiles.
Provide prospective employers the right of access to the Workers'
Compensation Board accident history profile of job applicants.
001 cl
a Ce a wa. ea /223
cs
Submissions (continued
Provide principals right of access to history of claims
experience of subcontractors and proprietors.
Provide industry associations the right of full access to all
claims cost information of all employers in the industry of the
association without permission from individual employers.
Provide industry associations the right to review all claims in
their classification to ensure they have been properly processed.
Provide that employers may obtain detailed medical summaries
relating to their workers on request.
Recommendation
The Select Committee recommends section 141 be amended to provide
that:
1. The relevant information pertaining to the issue under
appeal be made available to the worker, a dependant of the
worker, the employer, or assignees of any of them from the
Workers' Compensation Board claim file.
2. this change apply to only reports and information received
after the date on which this amendment is approved.
The Select Committee does not support the submissions requesting:
1. Full access for employers to the information in claim files
relating to their workers, including accident claims history
profiles.
O0)e-cl
MAY1984 0 ee 8 ree /224
224
Recommendation (continued
2. The right of access by prospective employers to the Workers'
Compensation Board accident history profile of job
applicants.
3. Provision to principals the right of access to the history
of claims experience of sub-contractors and proprietors.
001 cl
tlle ee i, Se ee er 5) F225
225
GENERAL REGULATIONS
Regulation 2 - Exemptions (General )
Employers and workers in the industries listed in Schedule A are
exempt from the application of the Workers' Compensation Act, 1981
except where the industry in Schedule A in which they are engaged is
(a) carried on as part of an industry to which the Act applies,
or
(b) included under the Act on an application approved by the
Board.
Comment
Accompanying the introduction of the 1973 Alberta Workers’
Compensation Act was the expressed resolve to attain
universal coverage of all workers. To that end many
industries were brought under The Workers' Compensation Act
in 1976 and 1977. The situation was again reviewed in 1978
following submissions from various associations and the
decision was made by the legislators to permit a number of
industries to remain exempted from The Workers' Compensation
Act.
The schedule of exemptions is somewhat lengthy and creates
confusion in situations of multi-faceted operations. An
employer may within the same business or on the same
premises engage in two or more industries, one or more of
which may be listed as exempt, for example, billiard parlour
and restaurant or snack bar; jewelery store, pawnbroker and
lapidary; construction of houses and real estate operations;
engineering services and architectural services.
OG Tec)
MAY 1984 A ay WAS
226
Regulation 2 - Exemptions (General)
Part of the problem arises in that this schedule of
industries was not intended as a listing of exemptions. It
was originally presented as the final list of industries for
inclusion under The Workers' Compensation Act in conjunction
with the program for implementing universal coverage. Li
at the time of the drafting of this list it had been
understood that the industries therein were to be excluded
by regulation, many of them would have been defined in a
different way so as to avoid administrative difficulties
which have since arisen.
Submissions
Redefine the industries listed in schedule A.
Eliminate the schedule of exempted industries.
Legislate ee coverage of all industries.
Recommendations
The Select Committee agrees with the submission requesting that
the industries listed in Schedule A of the General Regulations be
redefined.
The Select Committee does not agree that:
1. Universal coverage of all industries should be legislated.
2. The schedule of exempted industries (Schedule A) should be
eliminated.
001 cl
MileeroSes ©) 6 me ee a EG /227
227
Regulation 3 - Exemptions (specific
pw
(1) The Workers! Compensation Act does not apply to:
(a) teachers employed by
(i) a board of trustees established under the School Act,
(ii) a board of education established under the County Act,
(iii) a private school approved under the Department of
Education Act, or
(iv) a college that is not established pursuant to the
Colleges Act, except while they are teaching courses in
industrial education or home economics or performing duties
related to the teaching of courses in industrial education
or home economics,
(b) principals and other administration staff employed by
(i) a board of trustees established under the School Act,
(ii) a board of education established under the County Act,
(iii) a private school approved under the Department of
Education Act, or
(iv) a college that is not established pursuant to the
Colleges Act, while they are engaged in teaching courses
other than courses in industrial education or home
economics,
(c) workers while they are participating in competitive sports
in the course of their employment, or
(d) participating athletes and playing coaches.
(2) The Board may approve on terms it directs an application from an
employer to have the Act apply to persons in his employ who are
excluded by subsection (1)(a) or (b).
(3) The Board may at the time revoke an approval given under this
section and, on the revocation, the persons referred to in the
revocation cease to be workers to whom this Act applies as of the
effective date of the revocation.
Submissions
Exempt all teachers irrespective of designation.
0 arent
MAY 1984 Pike M440:
228
Submission (continued
Regulate compulsory coverage for all licensed taxi cab chauffeurs
in the Province.
Provide mandatory farm coverage.
Do not require mandatory farm coverage.
Recommendations
The Select Committee does not:
Le Recommend any change in the provisions with respect to
coverage of teachers or farmers.
2. Support the submission to regulate compulsory coverage of
all licensed taxi cab chauffeurs in the Province of Alberta.
Regulation 9 - Appeal
Iwo
(1) An appeal to the members of the Board under section 41 or 117 of
the Act shall be in writing.
(2) On an appeal the interested party may be represented by counsel
or another agent.
(3) The members of the Board shall inform any interested party
involved in the appeal of the facts in its possession which are
contrary to the interest of that party in sufficient detail to
permit him to understand them.
OGiact
MAY 1984 ice iceg
229
Submission
Include in the regulation details of the procedure to be followed
in submission and consideration of appeals.
Recommendation
The Select Committee recommends that the procedures to be
followed with respect to appeals be clearly set out in the
Workers' Compensation Board's policy manual.
Regulation 18 - Average Cost of Fatals
The charge against employers made in respect of any accident that
occurred prior to January 1, 1974 shall be equal to the amount of the
average cost of a fatal accident calculated and charged for the year
of occurrence of the accident, and the charge shall be deducted from
the cost of all capitalized awards in any year before the
apportionment required under section 90 of the Act is made.
Submission
On the first line insert "fatal" before accident.
Recommendation
The Select Committee recommends that The Workers' Compensation
Act be amended as requested.
Regulation 20 - Occupational Diseases
20
(1) For the purposes of the Act and this regulation "occupational
disease" means
001 cl
MAY 1984 tor eneou
230
Regulation 20 - Occupational Diseases (continued)
(a) a disease or condition listed in Column 1 of Schedule B that
is caused by employment in the industry or process listed
opposite it in Column 2 of Schedule B, and
(b) any other disease or condition that the Board is satisfied
in @ particular case is caused by employment in an industry
to which the Act applies.
(2) For the purposes of subsection (1)(a), employment in an industry or
process
(a) listed in Column 2 of Schedule B, and
(b) in the manner and circumstances set out in Column 2 of
Schedule B shall, unless the contrary is proven, be deemed
to be the cause of the specified disease or condition listed
opposite it in Column 1 of Schedule B.
Submissions
Broaden criteria for recognition of and payment for industrial
(occupational) diseases.
Reduce the number of scheduled industrial (occupational) diseases.
Provide for employer input into industrial (occupational) disease
regulations.
Recommendations
The Select Committee does not recommend any changes in the General
Regulations relating to occupational diseases.
Regulation 21 - Travel and Subsistence Allowance
21
lf, under the direction of the Board a worker is undergoing
examination or treatment under section 76, the following applies:
(a) the worker shall take the most direct route available to the
001 cl
MAY 1984 Hey
231
Regulation 21 - Travel and Subsistence Allowance (continued)
(b)
(d)
(e)
001 cl
MAY 1984
place of the examination or treatment and shall use the most
economical means of transportation available:
if the worker travels by regularly scheduled public
transportation, the Board shall provide a voucher or
reimburse him for the actual cost including incidental
transportation by taxi-cab;
if regularly scheduled public transportation is unavailable or
inconvenient, the worker may make use of a private vehicle and the
Board shall reimburse him
(i) at the rate of 19¢ per km, or
(ii) on the basis of a commuting allowance established by
the Board;
the Board shall pay to the worker a subsistence allowance of
$45.00 per day for each period of 24 hours away from home,
unless the Board or some other person provides or pays for
all or part of the worker's board or lodging, in which case
the Board may reduce or cancel the subsistence allowance
accordingly;
if a worker is required to be away from the place in which
he resides for a period of less than 24 hours and he does
not need lodging or overnight accommodation, the Board may
pay him a meal allowance according to the following:
Breakfast e e e e e ° ° ° e ° ° e . ° e e ° e e ° $ 4.25
Lunch ° e e e e e e e e e e ° ° e ° e ° e ° ° ° ° $ 5250
Dinner e . ° e ° ° e e . ° e e ° e e e e e ° e ° $10.25
esc aioe
(a0
Regulation 21 - Travel and Subsistence Allowance (continued)
(f) if a worker who is employed leaves work in order to undergo an
examination at the request of the Board and suffers a wage loss, the
Board shall pay to the worker a wage Joss allowance in an amount
equal to his net earnings for the period he is away.
Submissions
Provide travel and appearance allowances for witnesses.
Appearance allowances (for call in for medical examination,
interview, etc.) should cover ali actual necessary expenses
incurred. There should be no restrictions.
Amend to provide allowances for workers requested by the Workers'
Compensation Board to appear for appeal or interview.
Eliminate specific dollar amounts and provide for payments to be
made according to the current schedule of allowances as
determined by the Workers' Compensation Board.
Recommendations
The Select Committee recommends the General Regulations be
amended:
1. To provide travel and appearance allowances for witnesses
and workers requested by the Workers' Compensation Board to
appear for medical examination, interview, or appeal.
2. To eliminate dollar amounts where they appear in General
Regulation 21 and provide that under subsections (c)(i) and
BOD acl
MAY 1984 eae ard fia
eis)
Recommendations (continued)
(e) payment is to be made generally in keeping with
provisions for Provincial Government employees, whereas
under subsection (d) the amount of the per diem allowance
will be in keeping with Workers' Compensation Board policy.
Regulation 22 - Funeral Expenses
The maximum amounts for the purposes of section 72 of the Act are as
follows:
(a) $1100 to assist the dependent spouse in defraying costs
resulting from the death of the worker;
(b) $1350 for burial or cremation expenses;
(c) $450 for the cost of transporting the body.
Submissions
Amend the General Regulations to increase burial expense
allowances.
Amend the General Regulations to pay total expenses relating to
burial, transportation of the body, etc.
Where there is no dependent spouse provide for payment of a lump
sum to whomever accepts responsibility for the burial
arrangements, to assist in defraying costs arising out of the
death.
Recommendations
The Select Committee recommends that the words "dependent spouse"
be deleted from General Regulation 22 paragraph (a).
001 cl
MAY 1984 /234
234
Recommendations (continued)
The Select Committee does not recommend any other changes to
General Regulation 22 at this time.
FACILITIES
In the June 6, 1983 resolution of the Legislative Assembly
the Select Committee was instructed to evaluate the need for
a new Workers' Compensation Board facility and make
recommendations respecting the nature, scope, and locations
of the Workers' Compensation Board's rehabilitation
services.
In the course of a review of Occupational Health and Safety
and Workers' Compensation legislation in other Canadian
jurisdictions the Select Committee examined rehabilitation
facilities in other provinces.
Submission
Approval of new facilities should be economically justifiable.
The need for new facilities should be evaluated through
cost/benefit studies.
Construction of new facilities should be deferred in view of the
current economic situation.
Plans for construction of new facilities should be reassessed and
the possibility of expanding the present facilities should be
examined as an alternative.
001 cl
Me eee eC le ee—C BE {235
235
Submissions (continued)
The need for new facilities should be critically questioned.
The planning for new facilities should be stopped and if
necessary space rental should be considered as an alternative.
Establish an appropriate Rehabilitation Centre with in patient
facilities.
Upgrade the existing Rehabilitation Centre and add residence
facilities.
Redesign/alter the Rehabilitation Centre facilities with more
sensitivity to the needs of female patients.
Do not relocate the Rehabilitation Centre.
Use regional hospital and treatment facilities for rehabilitation
programs.
Recommendation
Having reassessed its administrative and rehabilitation
requirements, the Workers’ Compensation Board has recommended
that work on the proposed new facilities cease upon completion of
the design development and preparation of the contract documents.
The Select Committee supports this recommendation.
001 cl
MAY 1984
ALBERTA
BIBLIOGRAPHY OF SOURCE DOCUMENTS APPENDIX A
Annual Report of the Alberta Workers' Compensation Board,
1982
Occupational Health and Safety Act, 1980
Occupational Health and Safety Amendment Act, 1983
Reports on Proceedings of the Alberta Lesiglature regarding
Workmen's Compensation, 1907 - 18
Report of the Select Committee on Workers' Compensation,
1980
Workers’ Compensation Acts, 1908 - 1981
LUMBIA
BRUrISH CO
MANITOBA
Annual Report of the British Columbia Workers' Compensation
Board, 1982
Second Draft Amendments to the Industrial Health and Safety
Regulations, 1983
Workers' Compensation Act as amended to 1979
Annual Report of the Manitoba Workers' Compensation Board,
1982
The Workplace and Safety Act as amended to 1983
Workers’ Compensation Act as amended to 1983
NEW BRUNSW
001 cl4
MARCH 1984
ICK
Annual Report of the New Brunswick Workers' Compensation
Board, 1982
Occupational Health and Safety Act, 1983
Occupational Health and Safety Commission Act, 1983
Workers' Compensation Act as amended to 1982
NOVA SCOTIA APPENDIX A
ONTARIO
QUEBEC
001 cl14
Annual Report of Nova Scotia's Workers' Compensation Board,
1982
Construction Safety Act 1967, as amended
Industrial Act 1967, as amended
Report of the Select Committee on Workers' Compensation, |
1981
Workers' Compensation Act as amended to 1981
Advisory Council on Occupational Health and Occupational
Safety: The Future of Accident Prevention Association - A
Discussion Paper and Responses. Second Annual Report, 1980,
pp. 210-369
Annual Report of the Ontario Workers' Compensation Board,
1982
Occupational Health and Safety Act, 1982
Report of the Standing Committee on Resources Development
(on Workers' Compensation), 1983
White Paper on the Workers' Compensation Act, 1981
Workers' Compensation Act as revised to 1981
Bill 42 "An Act respecting industrial accidents and
industrial diseases" (First Reading, 1983)
Occupational Health and Safety Act as amended to 1983
Workers' Compensation Act as amended to 1979
MARCH 1984.00 ie coer (3
SASKATCHEWAN APPENDIX A
Annual Report of the Saskatchewan Workers' Compensation
Board, 1982
Occupational Health and Safety Act, 1977
Workers' Compensation Act as amended to 1979
GENERAL
Meredith, Sir William R., Laws Relating to the Liability of Employers,
(Final Report), 1913.
Weiler, Paul C., Reshaping Workers' Compensation for Ontario,
November, 1980.
Weiler Paul C., Protecting the Worker From Disability: Challenge for
the Eighties, April, 1983.
001 cl14
MARCH 1984
Alberta
Alberta
The Alberta Association of Registered Nurses Assistants ..
Alberta
Alberta
Alberta
Alberta
Alberta
Alberta
Alberta
Alberta
Alberta
Alberta
Alberta
Alberta
Alberta
Alberta
Alberta
Alberta
Alberta
Alberta
Alberta
Alberta
Alberta
Alberta
Alberta
Alberta
Allison
001 c9
, Gordon J.
Arrowhead Drilling Ltd.
ATCO Group of Companies
LIST OF ASSOCIATIONS, AGENCIES AND
INDIVIDUALS WHO MADE SUBMISSIONS
Association ‘of Industrial Savery Councils 2 eee
Association of Municipal Districts & Counties...
Association of Safety Personnel... .
Building Materials Safety Council
Chambers Of) COMMENC Gk. (2 -icm es eee
Chamber of Resources
Chiropractic Association
Construction Association
CO=OP [aXe ka Me. sad COG Cec cea. cre een ee ie ee
Federation of Labour
Forest: ProductssASSociation,).. 2) msec ee ee
Gas & Oil Pipeline Operators Safety Council .....
Iron and Steel Safety Couric |. .5%00.e se cen cee ee
and N:Wahs ‘BuildingtandsConsts.]yades Counci) 7.0. cu.
Mand Surveyors Association. (ore). ature eres
Medical HASSoeta ti Oneancat (aes k tied s0 eo ee ee
Mine;Sately Association 29 cue see ceeeen nome
Occupational Health Nurses Association
Optometric Association
Provincial Pipe Trades Association
Roadbuilders: AsSocvation: cerca. yn eee eee
Siding & Remodellers Association
Teachers, ASSoCiation’.. secee oe ce eee oe
Trucking Association
Union of@ Provincial” Employees 2.60 :cest sr eee ee
Water: Well Dradl tngvASSOc tai On .0c.iece eee ue eee ee
MARCH 1984
9) 504 ges, 8) OC (0% 16D eo cere
es © ee ‘8 “‘e geyw™e> we Het ae) een Terr ®. is
eo (ey ee: es cer eo
ee 0 Oy ee 46 “Oreo
eo” @ Joe |e fet. Of) eens eh. 0.22 6
ow ee @ Ute (9 eo Jen © Te > OP te. je. ees.) oo te. 2
e © (6, “e -@ ‘oe . e586" e* (6 te “8 "6 6.) sen “er! (67 Seo 6 Fe
oy 204° 6” fe Te Vey ve. ye -e <6.) (8. Je) see. ee) +e eee ere
APPENDIX B
Red Deer
. Edmonton
Edmonton
Edmonton
. Grande Prairie
Edmonton
. Edmonton
Lethbridge
Edmonton
Lethbridge
Calgary
Edmonton
Calgary
Edmonton
Edmonton
Red Deer
Red Deer
Calgary
Edmonton
Calgary
Edmonton
Calgary
Calgary
-2- APPENDIX B
ale CHAIN Yaeme RO Vg ett Rt) feng CR titel og ot Ae Na oe hd eS oa ame neon ange ed 1116
Boles Cem arm ClIMer ere, ss uses Gown -) car ce at Ao te de ace wat tae Grande Prarie
Dee WSU CMM ome OVC) om fees (pues “cape eice ot SS! Bim co fe Min ake cee aes . . . Peace River
Buchandnebumber 24... 5 SR CR ee Bee Tah Ce eo
SAG CUSS UGIMELNGio. <5, 56 4 su CE DRE Ne CER nn Ge, ae eee ey Edmonton
Calgary Action Group of the Disabled ..... en oe Calgary
Calgary Chamber of Commerce ..... Se Sen ey Pe nr eC Calgary
Pa dabveGyaDniGannesTASSOCTaLlON = «2.0% ~ oy emit stats Pee et iEree Gad LC any.
Calgary Messenger & Courier Association ..... ire Pe Bae lay Calgary
GAAGED [RGU a dig) Lele eee bt SEs CFs Game neater ghey Sean ote ny yes CCNONLON
Caniadcw oa heWA Ve gm Ted. C6. wee Tal el cs. dee: 4) le) ot yeu bey AD A a 1 ae Edmonton
Canadian Association of Oilwell Drilling Contractors ..... Medicine Hat
Canadian Federation of Independent Business .......... Edmonton
Canadian Feed Industry Association - Alberta Division..... Edmonton
Band GmanmnOLes tur rOGuCCS aC CC wamitcs Sec Nees, cosy weer eee aces. Grande Prairie
Canad saneins ci buLe, Ofeo LCC GOS TYUCL 1 ONiien aang ew. Goel yeh
Canadian Meat Council - Western Section .......... aC ould apy
Cancds ania ciOndde RaliLWaVS) seueew se. Give sole Sie care Se. ae eOMmOncOn
Canadian Organization Ole SEU SUES Te Ma ee Pea Reece eaRec eer
CataG tanmbaAcdtehGeA LG, INGS al, UC sites ss: “oc sal ores Met Ba Mee coker b Secs Calgary
CondddahmeaAC i iree iit ce Um mame yess al. se tec iene. vem go es “wep CANGaty
Pabadia here roLeumens SOCTaUiOMmem. geo' cs tla Sh lili. Cores aise kT . Calgary
CanddvdnesOCleCLy 70150) COV BENGHNECIING. «cl aS cuit. Cen oeGe secu,
Gham ook imdus Uist dle SUDD I LCSmistGtmer ent, ofr 2. ss os Neat es es eee
OraistahmralMerSrreGeyiat Ollimerte ots: “tas cco shuttle \s We 20a ot scene
Cie VOC CINONCON) (iac tetec tecture Seu eating co ROMs ends ode A ot ee <omireme Edmonton
ey aot se Cimon cove alaXT Cape COMmiSS 1ON a meats Weroe co. fo See cance Edmonton
Construction & General Workers' Local Union No. 1111 ... . . Calgary
Construction Labour Relations ~ of Alberta’... ..., Siete es EOMORLON
BOO Kee M iat Lid (Nay «10s 2h sale ann Me SW GMa eRe cam ce st ical ei worarange Praiyae
DSWSONse MSo te y sa ciuie sean mens pede TES M eka? 08 oo dee mai sa alae EOMONCOn
Deamon -ENLerpViseS WES Teri Cdts ya. icc wuts ses i fe os) 2 a Calgary
OGL co
COTS ete ee ec {3
-3- APPENDIX B
Edmonton: Chamber:of“Commerces “4 4.4%8 69a, 8 Aone ee Edmonton
Edmonton Graphic Arts Assoctatdon \4aa's heer ei cee. eee ee Edmonton
Energy *& Chemical ‘WorkersUni Gna’ % cond apenas oc Edmonton
Esso Resources Canada-| imited esse ie eememen en nn are me Calgary
Farm Equipment Dealers' Association Alberta - B.C. ...... Calgary
Feldman, Dr. R. wie EN eS oe Wie SS), Seale nia’ ist HOMO: naa Edmonton
Fort Saskatchewan Regional Industrial Association... . . Edmonton
GenstareCOrporeabl On As. is “Saws: bedne geod llc wcn mann as wee unr Edmonton
Grande Prairie Chamber of Commerce .........-.-e-- Grande Prairie
Grande Pratrere Construction<Association. .3 25 nc. eee Grande Prairie
Grant. Macewarr Community Colledem sar. teen ee mr . Edmonton
Greater Edmonton, Delivery »;ASSOCTACLON Jotun. 2 cs ce eee we wane Edmonton
Guthrie McCaren sDei lang. 2 osu anctecupaese Suet ele ee Edmonton
Hudac’ Alberta cGounc tl |. "5 "ae ca steele Micaeeeicens: ©<) acme mrcenc ee erm Edmonton
Industry Task Force on Alberta Workers' Compensation
International Association of Heat and Frost Insulators
and: Asbestos Workers 7 Oca liLiO> 9.0%) 0 meek ence a er
Johnstone, AT lan Ax Spice ee eee tem eve ens ee
K@1N 5 SUONTI. . ciple. cel cco ded yce ok sek oak ee cannes Bette aca et
Krause Enterprises (Nontherm)oltdiee ne) ee ee ee
Kue liken is, MiG ? lotd.. fa Sa roma speedier ks Cie meee Fre re
Lethbridge Chamber of sCommerces <. taraieuursa re 1c) cee ererarnae
Lethbridge. Personnel Association: 20 6 oeeeme ei. 0 eee
Lister, (Philip Pit oe Se oe ee er reer ce ers
Lboewins Mr. Randy oS ees a ee eee (eee
Markham, John W., MBBS, DPH, DIH, FRCP (C) MFOM
PrOTESSOM nce 3. ccc cepa ee she aa es ee em
Morrow, Valerie so4 Soc! Bode ee ee ee ee
Northern, Peace Logging® 2°22 20) o)4s28 ee
O71) field-Contractors*Association® 2 2 2) = ee eee
001 c9
MARCH 1984
. Lethbridge
Edmonton
Grande Prairie
Calgary
Grande Prairie
Red Deer
Lethbridge
Lethbridge
Grande Prairie
Calgary
Edmonton
Peace River
Red Deer
-4- APPENDIX B
Uccunattonaia health and Safety Council) .. . <9. % ..6 2 6. « Edmonton
Game eeemm ne sOmbudsman< oc eka ooo eo. Sees Edmonton
Emm ULUCIMOU GOs 5) Ste: Seng pte s ga e! 'e)ite. alae ee ues Edmonton
io RCN SCC 8 ook sce ee me ees wh eel ew Geet ee
Parse nennetneG.0 0.04: a Bee iden ee aed alee
Peace River Construction Association BE pee ae eee ea ee Peace River
Petroleum Services Association of Canada ....... eee
Prairie Implement Manufacturers Association .......... Calgary
Proctor & Gamble Cellulose, ES a PR NN | 9 EARP ei A Le Grande Prairie
MOSISOE SOF "E021" SSS SA i ah ern aer aeariamneiey Pnae eee Calgary
Pere SVOKCRCOMMANIES Td. 0. e 4. we ve) Ro eWe ele Ae ss es, Gene
POM OUUSH EN emma UMN.” 56 6. se" inc we cee 6 Gene @ ee te $4 el eis Medicine Hat
SoH SCO MCMMMITAUS cs ew Se ee we ee SF ne me Me ele Edmonton
OOD MMGCMENCCGOUNSC See ss a. als eee OS aw a Ne Se
Siem tmeOrdonmimanesePiMmited .° civ ses «76 8 ew 8 we ee oe Edmonton
Sy 32s SONS = . = (G eRe cere e nema emer ome ona
Sl com uceagmcmtonanecatiada, Ltd. Mp. ak 6 ele we See Edmonton
SIG Key meat ce mC NMG EC. Gr ss) Sy Ups eeu debs eS leb << -Ocbroe we eh de le es
Southegnimnaientarsoert ASSOCTAtION 40. . . « sows eee eee, Red Deer
SiR e Guicmrmperetanr tds... sos es ks ae ee we Le Grande Prairie
SUPANEIEL CNG - CACC) a eee ne crop oy 2) a Gas ee Red Deer
Shit) Clg em IEG OMEUCG! © <5 fc) 5 ietee tel tein ve) + (eG 0) 6 eg o> ee cone Me Edmonton
fextiemcenecneinstitute: of Alberta. so... «6s 6. oe oe, Edmonton
AOL eM IaMEIU Ce 8 kk te. olla eee cd 6 YO. Oe ees Red Deer
HP IOM, BEY 5 eh Ree mE 7 ay ee em eran erg Calgary
VUARAPEISIONS a, SUVCEUS ey AT ARG ee es eects at ae Sn alae Edmonton
sei Mee Me or ly ct Sune) g dalle” - “elcte. '») ijn Dieta elbGyes M ees Edmonton
UiieecmraneewOrKers Of AMCYICa ees. 20. cs et se oe ie ecco eumes Calgary
United Steelworkers of America Local Union /621 .......... Grande Prairie
United Steelworkers of America Local Union 7621 ........ Edmonton
mee Ceans OO Loti ONsUN ION os. cs teisitedts «os ce cous | “el le: «ste egies Edmonton
The University of Alberta - Non-Academic Staff Association
001 c9
Bae ee ee i el aN is a /5
cb APPENDIX B
Webster, Gordon. Wey “frre cone ee ee o> AcSEY eas Been ee Calgary
Western Archrib (1978) Ltd. oe i aOR a ee
Workers' Compensation Board ........ Ge oie Edmonton
001 c9/A.W.R.
MARCH 1984
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Date Due
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ALBERTA
LEGISLATURE LIBRARY
216 LEGISLATURE BUILDING
EDMONTON, ALBERTA
‘aie
a
Live Music Archive
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