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Health and safety enforcement review and appeals
Health and safety enforcement decisions made by WorkSafeBC prevention officers include occupational health and safety orders, administrative penalities, cancellation of certificates, and discrimination decisions. If you do not agree with an enforcement decision, you have the following options:
Clarifying the decision before requesting a review
Before asking for a formal review, you may first ask the officer to
explain or reconsider the decision if you do not understand the reasons
for a health and safety officer's decision or disagree with it. You may also
contact the officer's regional manager to discuss the decision and ask
for a reconsideration of the matter.
Reviews
The Review Division reviews certain decisions under Part 3 of the Workers Compensation Act (the Act) related to occupational health and safety.
Prevention decisions that may be reviewed
Section 96.2(1) of the Act permits a person to a request a review of the following decisions:
- A Board order, or a refusal to make a Board order, a variation of a Board order, or a cancellation of a Board order respecting an occupational health or safety matter under Part 3 of the Act
- A claims cost levy against an employer under section 73(1) of the Act
Note that an administrative penalty, a Board order, is subject to review. Orders related to discriminatory action are not subject to review, but they may be appealed.
Who may request a review
Section 96.3 of the Act permits any of the following people directly affected by a reviewable decision to request a review of that decision:
- A worker
- An employer
- An owner
- A supplier
- A union
- A member of a deceased worker's family
- In the case of a claims cost levy, an employer or an independent operator
Timelines for reviews
The time to request a review of a prevention decision is 90 days. The Review Division must complete its review within 150 days. This time may be extended if the chief review officer has suspended the review to allow the review officer to deal with related matters at the same time.
Appeals
A person may appeal the following decisions under Part 3 of the Act related to occupational health and safety.
Prevention decisions that may be appealed
Sections 239 and 240 of the Act permit a person to appeal the following decisions related to occupational health and safety matters:
- A final decision made by a review officer related to administrative penalties and the underlying order
- An order to cancel or suspend a certificate
- An order related to discriminatory action
Who may request an appeal
People who have the right to request a review also have the right to appeal prevention decisions.
Timelines for appeals
Decisions of the Review Division may be appealed to WCAT within 30 days. Discrimination decisions by WorkSafeBC prevention services may be appealed to WCAT directly within 90 days. WCAT must make its final decision within 180 days of receiving a copy of the records respecting the matter under appeal.
Employers' Advisers and Workers' Advisers
To get advice and assistance, employers may contact Employers'
Advisers, and workers may contact Workers'
Advisers.