Legislative roundup: Changes in OHS laws and regulations from across Canada

WorkSafeBC announces 2014 preliminary rates | New Brunswick reviewing WCB legislation | Nova Scotia proposes new workplace safety violation penalties

British Columbia

WorkSafeBC announces 2014 preliminary rates

The 2014 average base premium rate for British Columbia employers is projected to be higher by less than one-tenth of one per cent of the average employer’s total payroll costs, according to WorkSafeBC. This follows a similar increase for 2013, after nearly a decade of level or declining rates.

The average rate per $100 of employers’ assessable payroll is projected to increase from $1.63 to $1.70, a 4.8 per cent rise in nominal terms.

To put this increase in perspective, a small business employer with a payroll of $500,000 and an average premium rate would see a rate increase of $400 for the year, or $33 per month, said WorkSafeBC.

The rate increase is due to two main factors:

• increased claim costs — the cost rate has grown to $1.77 as compared to $1.66 in the previous year
• softened investment returns.

Required rate increases for 2014 have been reduced by a contribution of $319 million from reserves and deferrals in order to cap the required increase.

These measures included a $278 million withdrawal from the capital adequacy reserve (reducing average rate by $0.15), and a $41 million deferral achieved by capping maximum rate increases for industries at 10 per cent, versus the normal 20 per cent limit (reducing average rate by an additional $0.05), said WorkSafeBC.

New Brunswick

N.B. reviewing WCB legislation

New Brunswick is embarking on a three-year, multistage review of its workers’ compensation legislation.

It’s the first time in more than two decades there has been a comprehensive review, said Danny Soucy, the province’s post-secondary, education, training and labour minister.

The first stage of the review will include a discussion paper and stakeholder consultations with a focus on the following components of the Workers’ Compensation Act and the Workplace Health, Safety and Compensation Commission Act:

• the calculation of benefits under section 38.11 (9)
• the determination of the merits of introducing a dispute resolution mechanism relating to processes and procedures^
• the governance structure and mandate related to the appeals tribunal.

Members of the public are invited to share their comments online at www.gnb.ca/consultations.

Nova Scotia

Nova Scotia proposes new workplace safety violation penalties

Nova Scotia is proposing new penalties for employers and employees who repeatedly break workplace safety rules.

In a discussion paper released on July 29, Labour Minister Frank Corbett proposed new solutions for the province’s administrative penalties.

The paper suggests a structured fine schedule be implemented that would see higher fines levied for recurring offenders.

For less serious infractions, inspectors will educate employers and employees to help ensure compliance with health and safety regulations, Corbett said.

Nova Scotia launched a review of its administrative penalties system after employers said fines were issued inconsistently and, sometimes, unfairly, according to the province.

The review led to an approach that ensures proper education of workplace safety for employers and employees and assigns penalties for the right types of offences.

The new system also proposes a streamlined appeal process for compliance orders and administrative penalties managed by the Labour Relations Board.

The Labour Department will accept public feedback on the proposed changes until Sept. 26.

For more informations see http://novascotia.ca/adminpenalties.

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