Kelly Johnston-Noseworthy & Blaise Macneil wcb lae 2016 sydney safety symposium

1. Introduction to the Occupational
Health & Safety Officer’s Role
May 6, 2016

3. • Provide an introduction to the OH&S Division
• Provide an overview of the OH&S Officer’s
Role
• Review the powers of an Officer
• Review what to expect in an:
• inspection of the workplace
• investigation of an injury / illness
Purpose of this Presentation

4. OH&S Division Staff
The province is broken up in 4 regions
• 36 OH&S Officers
• 5 Investigators
• 5 OH&S Hygienists
• 2 Education Outreach Officers (new)

5. Role of the OH&S Division
• establish and maintain reasonable standards
• provide assistance with occupational health
and safety
• encourage and conduct educational programs
• prepare and maintain statistics

6. Role of an OH&S Officer
Prevention
• Provide information and assistance
• Conduct awareness / education sessions
• Ensure IRS is functioning in the workplace
• Inspect workplaces to identify compliance,
non-compliance, unsafe acts or conditions

7. Role of an OH&S Officer
Enforcement
• Issue Orders and/or Warnings for correction of
non-compliance issues, unsafe acts or conditions
• Investigate injury / illness
• Gather information / evidence as part of an
investigation / complaint
• Consider recommendation for prosecution

8. Hazards at the Workplace

9. Internal Responsibility System
(IRS)
• Foundation of Occupational Health and Safety
• All workplace parties share responsibility for health
and safety of persons at the workplace
• OH&S Division supports IRS and intervenes when
parties fail to meet commitments

10. Why an Officer Might Visit
• Routine workplace Inspection
• Adhoc Inspections
• Response to a Complaint or Work Refusal
• Priority inspections
• Accident / Incident Investigation

11. Powers of Officers
• may exercise all the powers, authorities and
immunities of a peace officer under the Criminal
Code (Canada).
• conduct an investigation or inquiry
• inspect, take samples and conduct tests
• interview a person
• summons to give evidence and administer an
oath or affirmation Sec. 47-49 OH&S Act

12. Compliance Orders
• orders given orally or in writing for anything
required by the Act or the Regulations
• the order must be carried out within the time
specified by the Officer.
Sec. 55 OH&S Act

13. OH&S Inspection
• Officer will arrive unannounced
• Introduce self and meet with management and
OH&S Committee member or OH&S
Representative
• Review IRS Indicators
• Physical inspection of workplace (Sec. 50 OH&S Act)

14. What is the Officer looking for?
• Internal Responsibility System is in place and
functional
• Compliance with the OH&S Act, Regulations,
standards and Manufacturer “Specs.”
• Training and Supervision
• Unsafe Acts or Conditions
• Commitment to Occupational Health and Safety

15. Hazards at the Workplace

16. Following the Inspection
• debrief findings and any concerns / non-
compliance
• report completed and provided to management
• warnings will indicate the issues or concern
• Officers may issue Orders for anything regulated,
controlled or required by the Act or the
Regulations
• report must be posted in the workplace and
orders carried out.

17. Notification of Accident
An Employer must send written notice to the Director
• of fire or accident with serious injury * within 7 days
• of accidental explosion within 24 hours (injury or
not)
• of person killed or potentially fatal injuries within 24
hours
• true copy of WCB form is acceptable
Sec. 63 OH&S Act
* Serious injury means unconsciousness, substantial blood loss, fracture of an arm or
leg, amputation of a leg, arm, hand or foot, burns to a major part of the body, loss of
sight in an eye or any injury that places life in jeopardy.

18. Reasons for an Accident
Investigation
• Workplace related fatalities
• Accidents or workplace conditions causing
serious injury, occupational illness or disease
• Occurrences / conditions which could have
caused death, serious injury or illness
• Significant incidence of illness or disease

19. Disclosing of Accident
Information
Every person present at an accident or who
has relevant information must provide that
information to an officer upon request.
Sec. 65 OH&S Act

20. Disturbance of Accident Scene
An accident scene that results in serious injury
or death cannot be disturbed except to:
• attend to persons injured or killed;
• prevent further injuries;
• protect property that is endangered.
Sec. 64 OH&S Act

21. Objectives of an Accident
Investigation
• identify causative factors
• determine compliance
• prevent recurrence
• document events and statements
• determine if prosecution is warranted

22. What will the Officer Do?
• Assess scene, take photographs, sketches
• Interview or take statements from witness or
others with information
• Collect relevant facts / contributing factors
• Review employee's role & other workers, material,
equipment and environment
• Review employer practices and policies,
supervision, training

23. What will the Officer Do?
• Review Acts, Regulations, industry standards and
practices / codes
• Determine cause of accident / incident and other
contributing factors
• Determine if there were violations of the
Occupational Health and Safety Act or Regulations
• Issue orders to prevent similar incidents in future
• Determine whether or not prosecution is warranted

24. Hazards at the Workplace

25. Prosecution Considerations
Officer will consider:
• the injury, illness or disease was serious or fatal
• a risk of causing serious injury
• employer or employee wilful non-compliance
• violation of a Stop Work Order
Public interest policy considerations include:
• degree of responsibility and control
• compassionate grounds
• violation & expressed/implied expectations

26. Prosecution Considerations
• an Officer is refused entry or obstructed
• refusal to comply with an order
• history of violations
• employee subjected to intimidation by
employer or union
• failure to create or co-operate with a JOHSC
or Representative

27. Penalties
• fines up to $500,000
• imprisonment not exceeding two years
• or both a fine and imprisonment
• a fine equal to any monetary benefits
gained as a result
Sec. 74 OH&S Act

28. Alternative Penalties
• Advertising - publishing facts of the offence
• Pay for public education as per imposed amount
• Community service
• Compliance with other reasonable conditions the
Court may consider appropriate
• Administrative Penalties

29. OHS Division
• not to assume responsibility for creating and
maintaining safe and healthy workplaces
• to establish and clarify the responsibilities of the
parties under the law, to support them in carrying out
their responsibilities and to intervene appropriately
when those responsibilities are not carried out.
All workplace parties share responsibility for health and
safety at the workplace.

30. What You Need to Know
About WCB
May 2016

31. Agenda
• WCB / Stats
• Registration / Injury Reporting / Eligibility
• RTW / SAW / Direct Access
• WCB Benefits
• MyAccount

32. WCB of Nova Scotia
• Nova Scotia’s workplace injury
insurance provider
• Cover 18,000 employers and
300,000 workers
• Not for Profit
• 100% Funded by employers –
NO tax dollars
• Lawsuit protection for
employers
• No fault protection for
workers
VISION - Nova Scotians – safe and
secure from workplace injury
Mission - We inform and inspire
Nova Scotians in the
prevention of workplace
injury, but if it occurs we
support those whose lives it
touches by championing a
timely return to safe and
healthy work.

33. What WCB does;
• Prevention Services: 2005
– Workplace Coaching Model– workshops / tools
– Industry / Sector Initiatives
– Workplace Safety Strategy
– Rate Rebates / Surcharge Refunds
– Account Managers (RM’s / Field Reps)
• Review Performance
• Offer Assistance / Guidance / Leadership

34. What WCB Does:
• Return to Work / Stay at Work
– Coordinate RTW / SAW planning / Recovery /
Rehabilitation
– Pay Temporary / Permanent /Extended Earnings
Replacement Benefits
– Pay for Medical Aid (Treatments, Surgery, travel,
medication)
– Provide Voc Rehab services (when needed)
– Coordinate Service Providers
• CSSP, Direct Access, Docs NS

35. What WCB Does;
• Assessments
– Set Industry and Workplace Experience Rates
• Based on Industry costs of claims (over 5 yr period)
• Set Experience Rates per workplace based on how each
is performing compared to others (over 3 yr period)
– Collect Insurance Premiums to cover the costs of
workplace injuries in NS
– Field Reps – Audits

36. Nova Scotia’s Injury Statistics
2015
• 23,933 All Claims
• Injury every 22 mins
• 66 People every Day
• 6,014 Time Lost Injuries
• 31% Reduction from 2007
• 16 serious injuries every day
• 1680 (28%) Healthcare
• 27 Fatalities (8 acute)
An injury
every
21
minutes

37. Who Needs WCB Coverage
An employer must be registered with the WCB when:
• It conducts business in a mandatory industry
– To obtain a list of these industries go to:
http://www.gov.ns.ca/just/regulations/regs/wocgen.htm
• It employs three or more workers at one time.
If you are required to register with WCB or would like to
purchase special protection or voluntary coverage, you
must complete an Employer Registration Form.

38. How to Report an Injury
• Online: at my-account.ns.ca.
• Complete WCB Injury Report Form
– fax it to 902-491-8001 or
– Mail: to our Halifax or Sydney offices.
• More information on page 42 of the Employer
Information Guide.
• Must report within 5 days of becoming aware

39. An Injury Occurs….

40. Determining a compensable accident
• Employer is a WCB Assessed Employer
• Has WCB Coverage
• Worker suffers an Injury or Illness
• Employed by the company that has WCB coverage
• Must report within 5 yrs of diagnosed condition
• This injury or illness resulted out of and in the
course of their employment
• Aggravation results in Apportionment of Extended
Earnings Loss or Permanent Impairment (Not
temporary)

41. Employee / Worker Responsibilities
The Employees’ responsibilities - Section 84:
– Take all reasonable steps to reduce or eliminate any permanent
impairment and loss of earnings;
– Seek out and cooperate in any medical aid or treatment that, in
the opinion of the Board, promotes the worker’s recovery;
– Take all reasonable steps to provide to the Board full and
accurate information on any matter relevant to the claim for
compensation, and;
– Notify the Board immediately of any change in circumstances
that affects or may affect the worker’s initial or continuing
entitlement to compensation.
If the worker fails to comply, benefits can be suspended,
reduced or terminated.

42. Employer Responsibilities
The Employer’s responsibilities (some key points):
• To notify the WCB of an injury and to provide other
information as requested.
– Injury report must be submitted to the Board within five business days
of the employer becoming aware of the occurrence of the accident.
– Initial penalty $100 / day, then $25 / day (Max $500)
• Shall not prevent a worker from making a claim or penalize a
worker for doing so.
• No employer shall discipline or discriminate against a worker
who reports an accident or makes a claim.
• Collaborate with all team players to support Return to work

43. If an Injury Occurs
• Ensure the injured worker reports the condition
immediately to a member of the management team.
• Keep a record of the particulars of the injury / incident in
the event the information is required later.
• If medical attention sought or time loss results then
worker and management fill out an injury report.
• Complete the Intake Form (Form A) and fax this to the
physio / chiro clinic.
• If serious injury, insure the worker gets to medical
attention (employer responsible for ambulance)

44. Intake Form
(Form A)

45. If an Injury Occurs… (cont’d)
• If Sprain / Strain – you can arrange an assessment with a
clinic (Chiro or Physio) for the employee while they are still in
your office. Worker will be seen within 3 days
• Physio / Chiro will measure the employee’s functional
abilities and provide this information to you (Form E).
• Employer provides transitional duties if employee is unable
to return to regular duties.
• Employer keeps in regular contact with the injured worker,
physio / chiro, WCB case worker, etc.
• Monitor until RTW full duties, if transitional duties are
required

46. Physical Abilities Report (Form E)
Outlines the type and degree of
job activity the worker is safely
able to perform after an injury
has occurred in relation to the
worker’s job demands.
– Lifting
– Carrying
– Pushing
– Pulling
– Grip Strength
– Tolerance

47. Report Submitted, Now What at WCB
Step 1 –
WCB receives accident / injury report
Step 2 –
A case worker is assigned
Step 3 –
An entitlement decision is made
Step 4 –
SAW/RTW planning begins if unable to return to pre-
accident duties

48. Return to Work / Stay at Work Management
• Philosophy: You can safely perform productive work
at work during recovery when functional abilities
identified
– Transitional Duties while improving
• Is a proactive way for employers to help injured
workers stay at work or return to productive and safe
work as soon as physically and safely possible.
– Financial benefit

49. Why Direct Access: Background
• Over 60% of injuries within province are sprains or strains.
• Long wait times to see a physician:
– No information provided on work ability / function
– Worker then referred to physiotherapy 2 – 4 wks later
– Doesn’t require Medical Referral
• Worker can wait weeks to see Service Provider.
– Valuable time wasted and unnecessary time lost from
work; unnecessary risk and complexity introduced
• In 2005 WCB introduced Direct Access to physiotherapy
• Direct Access to Chiropractor effective Jan 1, 2013

50. Direct Access cont..
• Treating Clinician - measure functional abilities; provide this
information to WCB and Employer(Form E);
• If the injury is more than a strain/sprain worker advised to seek
medical attention.
• If sprain / strain Employer provides transitional duties in keeping
with functional abilities
• Case Worker - regular contact with the injured worker , clinician,
and manager / supervisor.
• WCB requires functional information to approve benefits /
services
• Worker has option to seek medical attention as well.
– Assessment reports are shared with family physician

51. WCB Benefits

52. • If an injured worker has to miss time from work for a
work related injury; the WCB only pays 75% of their
net pay.
• The WCB deducts 2/5’s or 40% off the first WCB
cheque.
• If the worker is on claim for a period greater than 5
weeks, a cheque is automatically generated
reimbursing the worker the 2/5ths.
– A small percentage of claims go beyond 5 weeks.
• After 26 weeks, benefits increased to 85% of net.
What to Expect if Time Loss Occurs

53. WCB Benefits - Example
Registered Nurse Earns approx. $64,000.00/yr
– WCB Maximum Annual Income: $ 58,200
– Net Weekly Income = $798.22 $866.65
• 75% of net weekly income = $603.68
• 85% of net weekly income = $684.17
• 40% holdback = $241.47
– Similar to your insurance deductible
$804.91
$362.21 804.91
$603.68

54. MyAccount

55. MyAccount – What & Why
What is it?
An online service delivery channel for registered
employers with access to:
• Business and financial information (rates & premiums)
• Claims information (details & trends)
• Prevention Tools / Calculators
• Electronic Forms – can submit accident reports
Why do it?
It provides information to employers so they understand the
cost of workplace injuries & illness thereby allowing them to
improve workplace safety.

56. MyAccount - Security
Information in MyAccount is grouped into Claims, Assessment, or general
information “functions”.
Security roles determines what functions each user sees.
Security Levels are:
(1) Employer Administrator
(2) Full Access
(3) Assessments only
(4) Claims only
(5) Injury Report Submission Access
(6) Clearance Letter Only
(7) Injury Report Create Only
Employer can determine the security level of each user.

57. MyAccount – Claims Info.

58. Questions
1. If an injured worker has to miss time from work for a work
related injury; the WCB pays ____% of their net pay?
2. What is Direct Access?
3. What are two ways you can submit an injury report to
WCB?
4. Can I tell the OHS officer to come back at a more
convenient time?
5. Can I accompany the OHS officer on an inspection?

59. What’s your reason for
working safely?

61. Thank you