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Explanatory Note:
In 2000, the Policy and Regulation Development Bureau ("Bureau") embarked on a project to consolidate all prevention policy into the new Prevention Manual. The other sources of prevention policy were 272 items in the Prevention Division's Policy and Procedure Manualand 33 decisions from volumes 1 - 6 of the Workers' Compensation Reporter ("Reporter").As of August 30, 2002, 209 policies from the Policy and Procedure Manual have been consolidated and/or retired. There are therefore 63 polices from the Policy and Procedure Manual and the 33 prevention decisions from the Reporter remaining to be considered. Lists of the remaining Policy and Procedure Manual policies and Reporter decisions are attached as Appendix "A" (PDF 68kb) and Appendix "B" (PDF 48kb) respectively.
The remaining policies from the Policy and Procedure Manual generally break down into the following categories:
- general principles regarding the Workers' Compensation Board's prevention mandate;
- compliance (including inspections, orders, closure orders and prosecutions);
- disclosure of information;
- certification and cancellation of certificates; and
- policies relating to individual sections of the occupational health and safety regulations.
The Reporter decisions are on a variety of subjects. They date from the period August 1973 to June 1982.
The Bureau is considering how best to bring the prevention policy consolidation to completion. The project has been ongoing for some time. Although considerable progress has been achieved, the continued existence of the Policy and Procedure Manual and the 33 Reporter decisions creates the potential for confusion and complexity.
One alternative may be to recommend that the Panel of Administrators ("Panel") simply retire the remaining policies from the Policy and Procedure Manual, removing the Manual from the list of "published policy", and retire the 33 Reporter decisions. Since the policies and decisions all pre-date Part 3 of the Workers Compensation Act ("Act") and the Occupational Health & Safety Regulation, there may be some question as to their continuing relevance and the benefits to be achieved by expending further effort on the consolidation project.
However, it has also occurred to the Bureau that stakeholders may still use some of the policies and decisions in determining their rights and responsibilities with respect to prevention matters under the Act. It would be helpful to know which policies and decisions are still in use, how they are used and the frequency with which they are used.
The purpose of this consultation is to obtain this information before any further action is taken. The following measures have been taken to make the necessary information available in order for stakeholders to respond:
- Appendix "A" (PDF 68kb) to this Explanatory Note sets out the list of the 63 Policy and Procedure Manual policies remaining to be considered;
- Appendix "B" (PDF 48kb) to this Explanatory Note sets out the list of the 33 Reporter decisions remaining to be considered; and
- the 63 Remaining Policy and Procedure Manual (PDF 1mb) Policies have been consolidated into an electronic document that may be accessed from this Explanatory Note.
Unfortunately, the 33 Reporter decisions are not available electronically, and volumes 1 - 6 of the Reporter are no longer being published. However, photocopies of the 33 decisions are being provided to the following organizations and groups:
- BC Federation of Labour;
- Employers' Forum;
- Employers' Advisers;
- Workers' Advisers; and
- Workers' Compensation Advocacy Group.
Photocopies of the 33 decisions are also available in the Bureau Library, if stakeholders wish to make an appointment to review them during the Bureau's normal working hours. Finally, the Workers' Compensation Board Library has copies of volumes 1- 6 of the Reporter.
Stakeholders are invited to respond by September 30, 2002.
Your response may be sent by mail, fax or e-mail to:
Heather Greene
Policy and Regulation Development Bureau
Workers' Compensation Board
PO Box 5350, Stn Terminal
Vancouver, BC V6B 5L5
Fax: 604-279-7599
E-mail: hgreene@wcb.bc.ca
The opinions expressed by stakeholders will be reflected to the Panel of Administrators when the Bureau discusses the issue with the Panel.
Please note that all responses become part of the Bureau's database and may be published, including the identity of those participating on behalf of organizations. The identity of those who have participated on their own behalf will be kept confidential according to the provisions of the Freedom of Information and Protection of Privacy Act.
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