Legislative roundup: Changes in OHS laws and regulations from West to East

Average WCB rates reduced for 2011 in Alberta • Distracted driving legislation passed in Alberta • Manitoba WCB premiums decrease for 2011 • N.B. assessment rates reduced for 2011 • Distracted driving legislation passed in N.B.

ALBERTA

Average WCB rates reduced for 2011

The Workers’ Compensation Board (WCB) of Alberta announced a 2011 average industry premium rate of $1.22 per $100 of insurable earnings, which is lower than last year. Sixty-eight per cent of employers will have a lower base rate; eight per cent will maintain their base rate; and 24 per cent will have a higher base premium rate. In an effort to incent safer workplaces, WCB will apply a poor performance surcharge of 25 to 200 per cent on their premiums to just over 1,100 employers whose claims costs are more than 80 per cent higher than the industry average. There were 690 employers that improved significantly enough to move completely out of a poor performance surcharge position for 2011. Workers’ 2011 maximum insurable earnings will increase to $82,800.

Distracted driving legislation passed

The Alberta government has passed the most comprehensive distracted driving legislation in Canada. Bill 16, the Traffic Safety (Distracted Driving) Amendment Act, 2010, restricts the use of hand-held cell phones and activities such as texting, reading, writing and personal grooming, and puts restrictions on using other electronic devices while driving. This legislation permits the use of hands-free phones. Also, radio communication devices such as CB radios are allowed for commercial purposes and search and rescue services. Drivers may use hand-held devices to contact emergency services — such as 911 — and this legislation does not affect the official duties of emergency service personnel including law enforcement, fire and medical services. The proposed fine for the distracted driving offence is $172 with no demerit points. Drivers engaged in any of the identified activities can be charged under this new law. This legislation will come into force upon proclamation, with an anticipated grace period, and could take effect by the middle of 2011. In the coming months, the province will launch a public education and awareness campaign to help Albertans understand the details of the new distracted driving legislation.

MANITOBA

WCB premiums decrease for 2011

The average Workers’ Compensation Board (WCB) assessment rate will drop from $1.60 to $1.50 in Manitoba, effective Jan. 1, 2011. The decrease is due in large part to the reduced costs resulting from injury prevention and return-to-work initiatives, said the WCB. The rate has held steady at $1.50 since 2008. The average assessment rate the WCB sets is one of the many factors that determine what an employer pays in premiums, said Doug Sexsmith, president and CEO of Manitoba’s WCB. “The best way for employers to reduce their premiums is to prevent injuries and return injured workers to meaningful work as soon as it's safe to do so, which is what we see happening,” he said. Overall, about 86 per cent of employers will pay lower assessment rates in 2011, while 11 per cent will pay a higher rate and three per cent will not see a change.

NEW BRUNSWICK

Assessment rates reduced for 2011

Effective Jan. 1, 2011, most businesses in New Brunswick with three or more employees will see a decrease in their provisional average assessment rates. Improved investment returns and reduced accident frequency and costs warranted an average rate reduction of four per cent, from $2.08 per $100 of payroll in 2010 to $2 in 2011. The minimum assessment rate will also be reduced, from $0.35 per $100 of payroll to $0.32. Of New Brunswick’s 14,100 employers, 84 per cent will see their rates decrease. “This is good news for all New Brunswickers. Injury costs play the largest part in determining assessment rates, so it means that New Brunswick’s workplace safety is improving,” said Doug Stanley, WorkSafeNB’s president and chief executive officer.

Distracted driving legislation passed

Using a hand-held cell phone or certain devices while driving will no longer be allowed in New Brunswick as a result of amendments to the Motor Vehicle Act introduced in the legislative assembly in November. The legislation will prohibit the handling or manipulation of hand-held cellular telephones, texting devices and portable entertainment devices while driving. The bill will also prohibit the manual programming or adjusting of any global positioning system while driving. In addition, television-style viewing screens, monitors, DVD players and computer screens would not be permitted within the visual range of the operator or the driver of a motor vehicle. The legislation will allow drivers to use a communication device to report an emergency to the appropriate authorities, such as to 911. The legislation will also allow motor vehicle operators and commercial vehicle operators to use two-way radios for commercial purposes. Drivers who violate the legislation will be subject to the loss of three points from their license and subject to a fine of  $172.50. The legislation would come into effect in 2011 following a public awareness and education campaign.

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