Workers would be given the right to refuse unsafe work without facing reprisals such as loss of pay or termination under a new bill that proposes a major overhaul to workers compensation and workplace safety rules.
Bill 30, An Act to Protect the Health and Well-being of Working Albertans, was introduced Monday in the Alberta legislature.
The proposed changes adjust a system some argue has been tipped in favour of employers for too long.
All other Canadian provinces, except British Columbia, already give workers the right to refuse unsafe work.
Other changes outlined in Bill 30 include:
- An end to the $98,700 cap on insurable earnings for workers compensation benefits. That means people who earn more than that amount would receive benefits based on their current income.
- Workers would still get paid even if a stop work order is imposed on their worksite. The government hopes this would encourage more people to report unsafe conditions.
- Employers and supervisors would be required to take measures to prevent harassment and violence in the workplace. Workers would be prohibited from engaging in harassing, bullying or violent behaviour.
- Spouses of workers killed on the job would be treated equally. All would receive benefits for five years. Spouses with children would receive benefits until the youngest child is 18, or 25, if that child is in college or university.
- The government would create an independent Fair Practices Office to guide injured workers through the WCB system and provide support.
- Larger workplaces with 20 or more workers would have to create a joint work health and safety committee. Sites with 5 to 19 workers would need to designate a health and safety representative. These provisions apply to projects lasting 90 days or more. Alberta would be the last province to make these committees mandatory
- Workplaces would have to report “near-miss’ incidents that could have killed or seriously injured someone.
The government estimates changes to the WCB would cost an additional $94 million a year, but officials expect that amount would be covered by a surplus in the plan’s reserve fund without having to increase employer premiums.
Any decisions about an increase to premiums are made by the WCB board.
The Occupational Health and Safety Act hasn’t undergone substantial change since it was passed in 1976. The Workers’ Compensation Act hasn’t been reviewed in more than 15 years.
If passed, most changes to OHS would come into effect on June 1, 2018.
Most of the WCB side of the legislation would become law on Jan. 1, 2018. The government wants to have the Fair Practices Office running by Dec. 1, 2018.
Changes to the WCB followed a review by an independent panel.