Worker Safety Law Sees Improvements

This summer saw the implementation of dramatic new changes to the Workers Compensation Act aimed at better supporting workers who contract COVID-19 on the job.

Bill 23 – the Workers Compensation Amendment Act – received royal assent on Aug. 14. The government described the enactment of the legislation as a move that will ensure "workers and their families get the support they need, while also increasing everyone's confidence in the system."

Bill 23's provisions bring significant improvements for injured workers. The changes complement an earlier WorkSafeBC Board of Directors' recognition that a worker who contracts a viral pathogen is presumed to have been infected as a result of their employment whenever their risk of exposure to the pathogen is significantly greater than the risk to the public at large during a public health emergency.

The changes will also see the fast-tracking of the effective date of presumption for occupational diseases caused by COVID-19 by removing the typical 90-day wait period and simplifying the process for workers who make a WorkSafeBC claim. This amendment to the existing law will also ensure those who are at higher risk of contracting COVID-19 at work have faster access to benefits.

WorkSafeBC can apply the viral pathogen presumption immediately – this is great news for our members."

 

- BCNU President
  Christine Sorensen

"We know that far too many nurses have contracted the virus and it's turned their lives upside down," says BCNU President Christine Sorensen. "The swift passage of Bill 23 means WorkSafeBC can apply the viral pathogen presumption immediately – this is great news for our members."

Some of the success that's resulted from the passing of Bill 23 can be attributed to the dedication of hundreds of nurses and members of the public who took action this summer through the "Support BC's Nurses" campaign, launched by the union in early June. The campaign allowed members and the public to pressure decision makers by sending messages to their MLAs, asking that they ensure all nurses who are exposed to, or test positive for, COVID-19 are compensated. The campaign saw an impressive 1,405 letters signed and sent to local representatives.

Prior to launching the public campaign, BCNU sent a letter to the WorkSafeBC Board in July calling for the extension of meaningful presumption to workers who contract COVID-19. "It was critical we took immediate steps to get the board thinking about the many nurses who have contracted COVID-19 and who deserve to be supported while they recover," says Sorensen. "We argued that supports and resources need to be in place for nurses and all health-care workers as they manage a surge of new case numbers and deal with the second wave."

The 34 provisions in Bill 23 include amendments to the Workers Compensation Act that bring substantial changes relating to compensation and other occupational health and safety measures. These include increasing the insurable earnings maximum limit to $100,000 a year and determining permanent disability award end dates when a worker turns 63, and not on the date of injury. The WorkSafeBC Board may also reconsider a decision or order if there is an obvious error or omission, even if the 75-day reconsideration time limit has passed. WorkSafeBC can also now expediate access to care for a worker before a claim is accepted.

Sorensen says that, while she applauds the passing of Bill 23 and the WorkSafeBC decision to provide presumption for nurses who contract COVID-19 at work, she would also like to see health authorities work harder to implement infection control measures and respect nurses' professional judgment when it comes to having access to adequate personal protective equipment.

"We are still hearing from nurses that they don't have unfettered access to PPE, and that is very concerning."

Sorensen stresses the importance of protecting point-of-care health-care workers during the pandemic so they can feel confident they can stay healthy and stay safe while they provide care.

"These legislative changes should make nurses' working lives easier," she says. "But our most important goal should be making sure nurses never need to make a WorkSafeBC claim if they contract COVID-19." •

UPDATE (Winter 2020)

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