I want to certify in 2020. Can I still do it?MSABC System Account2021-02-18T11:18:08-08:00

Many employers have communicated their OSSE concerns in relation with COVID-19. As a certifying partner (CP), we have been working closely with WorkSafeBC in getting answers on how to remain safe and trying to work around COVID-19.

According to WorkSafeBC, all net “new” 2020 COR employer certifications need to follow current, normal processes and requirements. If that is not possible, these employers must defer pursuing COR certification until the requirements can be satisfied.

If a company has multiple sites that all fall under the same class category, would the employer be required to do a separate assessment for each site? And what about the sites that might be in the same class category, but would have additional (unhoused) concerns?Jean Fong2024-08-15T11:30:45-07:00Separate first aid assessments would be required at each worksite because each site may have a different number of workers present, and a different distance to/from an ambulance station. To determine the workplace class for that site, a first aid assessment must be conducted. The second part of an employer’s 2-part duty is to determine and list any additional first aid services that may be required at that site – this would be documented on page 4 of the First Aid Assessment Worksheet.

If a drill has not yet been held before Nov 1st, does that imply that the first drill is due Nov 1, 2024?Jean Fong2024-08-15T12:00:06-07:00Drills should be conducted as soon as practicable after the implementation of the updated regulations on November 1st, 2024.

If a worker has a previous WorkSafeBC claim from their previous employment due to an injury and the same injury is aggravated at the new worksite, how does this factor into their current claim at the new worksite when they may also be on a probation?Anna Rowinska2024-01-24T14:24:41-08:00Amanda (TeksMed Services): Being on Probation does not bar a worker from claim, however the Duty to Maintain employment only applies to workers who have been employed for at least 12 months. Many workers have underlying or pre-existing conditions, the Board can consider accepting this as only an aggravation to a pre-existing condition and/or may also consider granting the Employer Relief of Costs in such cases if an underlying or pre-existing condition is enhancing the injury or prolonging the recovery.

If a worker is not cooperating with return to work based on their personal preference (not based on medical reason) what are the next steps for the employer? For example, if suitable work is available but the worker does not like the work being offered, how far does the employer have to go to accommodate?Anna Rowinska2024-01-24T14:27:03-08:00Teresa (WorkSafeBC): The duty to cooperate requires workers to “not unreasonably” refuse suitable work when it is made available by an employer with whom the worker has an existing employment relationship. If a worker refuses work duties that are suitable and available, WorkSafeBC will investigate to determine the reasonableness of the worker’s refusal. If WorkSafeBC decides the worker unreasonably refused an offer of suitable work, the worker’s wage-loss or wage-loss equivalency benefits may be reduced effective the date the work was suitable and available, as determined by WorkSafeBC. Amanda (TeksMed Services): Accommodations are based on medical clearances and abilities, not worker preference. If the suitable/modified work or accommodation is being declined due to preference, WorkSafeBC can deem the offer suitable and conclude benefits or suspend wage loss for the worker failing in their Duty to Cooperate.

If an employee has symptoms and is advised by Public Health to self quarantine but is not tested, does the employer have an obligation to inform that employee’s co-workers?MSABC System Account2021-02-18T11:18:08-08:00

No. There are many possible scenarios. It may be wise to engage the services of an occupational health expert to address individual cases to ask for detailed medical specifics in strict confidence so as to advise the employer of appropriate steps to be taken in the workplace or regarding the eventual return to work of the employee.

If an employee is asked to self-isolate as a contact of someone who is COVID-19 positive, what is the protocol for other employees who may have been in contact with the employee?MSABC System Account2021-02-18T11:18:08-08:00

If the employee is not COVID-19 positive, there is no requirement for other staff who may have been in contact to self-isolate. Direct contacts of an asymptomatic employee are not at significant risk.

If people say they feel sick, or are sick and we send them home, should we request that they get tested for COVID-19?MSABC System Account2021-02-18T11:18:08-08:00

Refer them to their health care professional, and they can decide if further testing is required. Follow doctor's recommendation.

If someone has symptoms and decides to stay at home, how should we clean the area where this person worked before we can assign someone to the same spot?MSABC System Account2021-02-18T11:18:08-08:00

Sanitize and disinfect all potential areas the person has had contact with. We recommend the use of a hospital-grade disinfectant.

If the employer was cooperating and reaching out continuously but the worker is not cooperating and just stops responding altogether, how does Bill 41 apply if the worker has only been employed for 5 months? And of those 5 months, 3 months have been with continuous employment and 2 months on leave?Anna Rowinska2024-01-24T11:01:42-08:00Ale (KSW Lawyer): The Duty to Cooperate is reciprocal. Employees also have a duty to communicate with the employer and WorkSafeBC. Failure to do so puts them at risk of losing claim benefits. The Duty to Cooperate is applicable to cases where a worker is disabled from earning full wages, even if they were employed for only five months prior to the injury. The Duty to Cooperate continues throughout the claim, or as long as the employment relationship exists. Meanwhile, the Duty to Maintain Employment does not apply, since 12 months of continuous full or part-time employment is required to trigger these obligations.

If we have a sub-contractor coming into our plant with two workers, and we have one worker on site, would the sub-contractor need to have one worker with first aid in addition to our first aid?Jean Fong2024-08-15T12:28:22-07:00The contractor is responsible to ensure first aid is provided to their workers. If the plant only has one worker, the plant is unlikely to require a first aid attendant. Yes, as the owner and de facto prime of the workplace the plant employer has a responsibility to ensure appropriate first aid is provided, but the level of first aid required by the contractor might be different than the level provided by the plant, in which case it is on the contractor to ensure an appropriate assessment is conducted and first aid services provided.