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Extension of Recommended Schedule of Sanctions in Prevention Policy 1.4.1 Beyond October 1, 1999
99/08/24-07
THE WORKERS' COMPENSATION BOARD OF BRITISH COLUMBIA
RESOLUTION OF THE PANEL OF ADMINISTRATORS
Re: Extension of Recommended Schedule of Sanctions in Prevention Policy 1.4.1 Beyond October 1, 1999
WHEREAS:
Pursuant to Section 82 of the Workers Compensation Act ("Act"), RSBC 1996, Chapter 492 and amendments thereto, the Panel of Administrators ("Panel") must approve and superintend the policies and direction of the Workers’ Compensation Board ("Board"), including policies respecting compensation, assessment, rehabilitation and occupational health and safety, and must review and approve the operating policies of the Board;
AND WHEREAS:
The Workers Compensation (Occupational Health and Safety) Amendment Act, 1998 ("Bill 14"), which amends the occupational health and safety provisions of the Act, generally comes into force on October 1, 1999;
AND WHEREAS:
Section 196 of the Act, as amended, will provide for a system of administrative penalties that the Board may impose on employers if the Board considers that:
- an employer has failed to take sufficient precautions for the prevention of work related injuries or illnesses,
- an employer has not complied with Part 3 of the Act, the regulations or an applicable order, or
- a workplace or working conditions are not safe;
AND WHEREAS:
The Panel has approved policies to implement Bill 14 effective October 1, 1999, including policies with respect to the criteria and process for levying administrative penalties;
AND WHEREAS:
Further work is required to develop a policy with respect to determining the amounts for administrative penalties;
AND WHEREAS:
The Panel has directed the Policy and Regulation Development Bureau to complete its work expeditiously and bring forward options and a recommendation to the Panel’s December 17th meeting in order that the Panel may adopt a policy with respect to determining the amounts for administrative penalties that would be effective January 1, 2000;
AND WHEREAS:
An interim measure is necessary to provide guidance to Board officers, employers and others regarding administrative penalty amounts effective October 1, 1999, until the new policy becomes effective;
AND WHEREAS:
Existing Policy 1.4.1 of the Prevention Division Policy and Procedure Manual contains a "Recommended Schedule of Sanctions" which sets out recommended amounts for additional assessments currently imposed on employers under Section 73(1) of the Act for various occupational health and safety infractions;
THE PANEL OF ADMINISTRATORS RESOLVES THAT:
- the "Recommended Schedule of Sanctions" in Policy No. 1.4.1 of the Prevention Division Policy and Procedure Manual, attached as Appendix "A", will apply to administrative penalties imposed under Section 196 of the Act until a new policy on determining administrative penalty amounts becomes effective;
- this resolution constitutes a policy decision of the Panel of Administrators; and
- this resolution is effective October 1, 1999.
Appendix A — Recommended schedule of sanctions employers payroll
DATED at Richmond, British Columbia, September 21, 1999
| By the Workers' Compensation Board |
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DON COTT,
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