Bill 30 An Act to Protect the Health and Well Being of Working Albertans

OHS Act On June 1, 2018 the OHS Act, Regulation and Code will be repealed and replaced. Originally enacted in 1976, this is the first comprehensive review since.

OHS Act The new act will greatly enhance the basic rights of workers by enshrining 3 basic rights in legislation. The 3 basic rights are:

OHS Act The right to refuse unsafe work. Workers are protected from any form of reprisal, real or perceived, for exercising this right. This includes loss of compensation or benefits. The employer must investigate the matter in cooperation with the JWHSC or representative if there is one.

OHS Act The right to know. This right ensures workers are properly informed about actual and potential hazards and have access to basic health and safety information in the workplace.

OHS Act The right to participate. This right will ensure workers are involved in health and safety discussions, including participation in health and safety committees.

OHS Act In Part 1 of the new Act the definition of worksite parties has been greatly expanded. It now includes employers, supervisors, workers, contractors, prime contractors, owners of worksites, suppliers, service providers, self-employed persons, and temporary staffing agencies. Each of these parties will now have specific responsibilities and may possibly fall into more than one category.

Availability of Information OHS Act Availability of Information Part 2 of the new act deals with the employers duty to provide information. Changes to the act will: Enshrine a workers right to know about workplace hazards Require all worksite parties to ensure that information on health and safety hazards is provided onsite.

Part 3 of the new Act establishes the requirement to have either a joint workplace health and safety committee or a health and safety representative. The criteria for establishing a committee or representative is as follows: OHS Act

OHS Act Employers with 5 to 19 workers must appoint a health and safety representative. If there are 5 to 19 workers at the worksite from multiple employers or self employed persons, the prime contractor shall coordinate the designation of a health and safety representative.

OHS Act Employers with 20 or more workers must establish a health and safety committee. If there are 20 or more workers at the worksite from multiple employers or self employed persons, the prime contractor shall coordinate the designation of a health and safety committee.

OHS Act While there is some discussion as to setting up zones, the new legislation currently mandates that there is a health and safety committee or representative for every worksite. This means that the AMTA will require separate representatives for Edmonton and Calgary. As the owner of the new site in Edmonton, we will need to ensure these requirements are being met at that site on or before June 1.

OHS Act Part 4 deals with dangerous work and discriminatory action. This is the part that establishes a worker’s right to refuse unsafe work. Under this section the worker must continue to be paid wages and benefits while the investigation is ongoing. Workers who feel they are being discriminated against have the right to file a complaint with an officer.

OHS Act Availability of Information Part 5 requires employers with 20 or more employees to have a written health and safety program that is reviewed at least every 3 years and contains mandated elements. Employers with less than 20 employees must involve workers in hazard assessment and control.

Part 6: Duties of the Minister and Staff Part 7: Medical Assessments Part 8: Compliance and enforcement Part 9: Review and Appeals OHS Act

Part 10: Offences and Penalties Part 11: Information Collection and Exchange Part 12: Regulations and Administration. This is the part that allows for the establishment of Regulations and a Code. OHS Act

OHS Act At our CP meeting on March 13, Rob Feagan said they need assistance getting the word out so they are planning “train the trainer” classes in the near future. He asked that interested CP’s express interest prior to Friday March 16 so I emailed him during the lunch break.

Bill 30 also requires amendments to the existing WCB Act Bill 30 also requires amendments to the existing WCB Act. The goal is to make the WCB more accessible to workers. A new Code of Rights and Conduct will enshrine the rights of workers dealing with the WCB and will detail how the WCB will recognize those rights. WCB Act

WCB Act The amendments will come into force throughout 2018. The amendments that went into effect on January 1, 2018 are as follows:

WCB Act January 1, 2018 Updated cost of living adjustment. The Alberta Consumer Price Index will no longer be reduced by .5%. Calculations will now be based on the actual CPI without any reductions.

WCB Act January 1, 2018 Enhanced retirement benefits. This change will address what happens when an employee was not planning on retiring at age 65.

January 1, 2018 Lump sum fatality benefit. Equal to the NELP payment. WCB Act January 1, 2018 Lump sum fatality benefit. Equal to the NELP payment.

WCB Act January 1, 2018 Enhance grant requirements for funded safety associations. Policy 07-03 Part 1 has been amended as follows: “Approval is subject to the organization meeting the criteria set out by the Minister responsible for the Occupational Health and Safety Act”.

WCB Act January 1, 2018 There is a meeting scheduled for April 10 between OHS and the funded associations to discuss what measurement criteria should be used.

WCB Act Legislation taking effect April 1 includes amendments that will expand presumptive causation and extend it to paramedics, correctional officers and emergency dispatchers. It will also expand presumption for traumatic psychological injury claims for all workers.

WCB Act September 1, 2018 Legislation taking effect on September 1, 2018 will include: Code of rights and conduct Amend the process for estimating earning capacity Provide interim relief during review or appeal Establish employers’ obligation to reinstate injured workers

WCB Act Extend window for appeal to 2 years Remove cap for maximum insurable earnings Enhance benefits for severely injured young workers Enhance benefits for all surviving spouses Continue coverage for workers under their employers’ health benefits plans

WCB Act December 1, 2018 Legislation taking effect on December 1, 2018 involves establishing a fair practices office