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

Proposed OHS amendments in B.C. • Draft manual covers lead paint at B.C. construction sites • Saskatchewan readiness course bilingual • Saskatchewan WCB unveils rate plans for 2011 • Ontario’s WSIB reviewing funding, premium rates as it faces $12 billion shortfall • WSIB announces premium increases for 2011, 2012 • WCB premiums unchanged in Nova Scotia • New industry classes for workers’ compensation in P.E.I. • Yukon cellphone ban • WCB premiums going down in Yukon • N.W.T., Nunavut WCB releases draft OHS regulations

BRITISH COLUMBIA

Proposed OHS amendments

British Columbia has released its proposed 2011 amendments to the Occupational Health and Safety Regulation. Also, the subject of worker safety at night is being considered again. Currently, night workers must be physically separated from customers if they are working alone. However, businesses that have implemented physical barriers have experienced a decrease in sales and an increase in theft. For more information, see www.worksafebc.com/regulation_and_policy/public_hearings/2011ProposedAmendments/default.asp.

Draft manual covers lead paint at construction sites

WorkSafe BC has released a draft manual concerning the use of lead-containing paint and coatings at construction sites. It is designed for employers, supervisors, and workers who may come into contact with the substances. It is available online at www2.worksafebc.com/Portals/Construction/HazardousMaterials.asp?ReportID=34095#leadDraftPublication.

SASKATCHEWAN

Readiness course bilingual

The Young Workers' Readiness course is now available in French. This is an online course that 14 and 15-year old workers must take before working in Saskatchewan.

Saskatchewan WCB unveils rate plans for 2011

The Workers’ Compensation Board has proposed freezing the 2011 average employer premiums at the 2010 rate of $1.63 per $100 of payroll. That’s down 20.5 per cent from the 10-year high of $2.05 in 2004. With the rate proposal, 17,340 employers will pay higher premium rates next year. The average increase is 5.8 per cent, with a range of 0.7 per cent to 15.5 per cent. Premiums for 22,501 employers will remain the same or go down. The average decrease is 3.5 per cent, with a range of 0.5 per cent to 10 per cent. Peter Federko, the WCB’s CEO, said the 2011 rate proposal includes a two cents per $100 of payroll “economic stabilization levy.” That’s because Federko is expecting slower growth in the second half of 2010, and forecasters have suggested that economic growth will remain soft in 2011.

ONTARIO

Ontario’s WSIB reviewing funding, premium rates as it faces $12 billion shortfall

Ontario’s Workplace Safety and Insurance Board (WSIB) is undertaking a year-long funding review to ensure the long-term financial stability of the WSIB. The WSIB has a projected unfunded liability of more than $12 billion due to insufficient premium revenue, rising claims and health-care costs and declining investment returns. Harry Arthurs, former dean of Osgoode Hall Law School and president emeritus of York University in Toronto, will chair the review. Arthurs is a familiar name to Ontario employers, as he led a review of pensions in the province that began in 2006. The WSIB said the funding review will gather expert advice and input from workers, labour and employers on a range of public policy issues relating to the board’s financial future, including a plan on how to eliminate the WSIB's unfunded liability. Arthurs will have a small committee provide expert advice as the review proceeds. Members of the advisory committee include Maureen Farrow (external advisor on the WSIB board of directors’ investment committee and president of Economap), Buzz Hargrove (former national president of the Canadian Auto Workers union and a visiting professor at Ryerson University’s Ted Rogers School of Management), John O'Grady (chair of the Institute for Work and Health) and John Tory (former leader of the PC Party of Ontario and a radio host).

WSIB announces premium increases for 2011, 2012

In an effort to provide businesses with “certainty and stability” during a funding review (see above), Ontario’s Workplace Safety and Insurance Board said the average premium rate will increase by two per cent for 2011 and 2012. The average premium rate will rise from $2.30 to $2.35 for every $100 of insurable earnings in 2011 and to $2.40 in 2012. This is well below the average premium rate of $3 in the mid 1990s, according to the WSIB. The increase is being applied to the average premium rate, meaning more than one-half of registered employers will see little to no increase, while other employers in high-risk industries with a history of costly injury claims may see increases of more than two per cent. Employers with good safety records will continue to be eligible for rebates under the WSIB's incentive programs. 

NOVA SCOTIA

WCB premiums unchanged

The average rate for workers' compensation premiums, $2.65 per $100 of assessable payroll, will remain unchanged in 2011 in Nova Scotia. Rates vary from employer to employer and are based on the overall claims cost in an industry, combined with a firm’s own experience. They range from a low of 60 cents to a high of $10.15 per $100 of payroll in 2011. Maximum assessable earnings for workers' compensation will increase from $50,800 to $52,000 in 2011.

PRINCE EDWARD ISLAND

New industry classes for workers’ compensation

Beginning in 2011, there will be a new Employer Classification System for workers' compensation in Prince Edward Island. The industry classes in the new system will be: sales and professional services; agriculture; fishing and natural resources (realigned); manufacturing (realigned); construction and construction-related services; transportation (realigned); public sector and education (new). The province said most employers will not see a large difference in WCB premiums. However, those with large increases will be capped at 50 per cent per year.

YUKON

Yukon cellphone ban

The Yukon is set to ban the use of hand-held cellphones and other electronic devices while driving. Amendments to the Motor Vehicles Act were tabled in the Yukon legislature on Sept. 21. In addition to changes to the act, the Yukon government will launch a campaign to educate Yukoners on the dangers of driving while distracted. These amendments will come into effect April 1, 2011.

WCB premiums going down

Workers' compensation premiums in the Yukon will decrease from an average of $2.95 to $2.49 per $100 of assessable earnings in 2011. Rates for specific industries are available at www.wcb.yk.ca. While most industries will see a decrease in rates, the resources and transportation industry's rate is almost identical to 2010.

NORTHWEST TERRITORIES/NUNAVUT

Territories’ WCB releases draft OHS regulations

The Workers' Safety and Compensation Commission of the Northwest Territories and Nunavut has released a draft of a proposed new health and safety regulation. The new regulation would replace all of the existing regulations under the Safety Acts of the two territories. It would include measures for violence and harassment prevention, updated WHMIS requirements, and enhance the role of Joint Worksite Health and Safety Committees, among other items. The 359-page document is available at www.wscc.nt.ca/Pages/default.aspx.

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