Canadian Safety Reporter

3 Canadian HR Reporter, a Thomson Reuters business 2014 News | July 2014 | CSR Manitoba to crack down on WCB offenders Bill would increase fines, prison sentences for compensation violations By SABrinA nAnJi worKers' Compensation offenders in Manitoba will soon be facing stiffer penalties after the government passed legisla- tion designed to bolster illness and injury prevention. Bill 65, which received royal assent last month, increases fines for violations under the Workers Compensation Act — such as false claims or failure to report injuries. Maximum fines for workers will be $5,000 (pre- viously $1,500) and employers can face fines of up to $50,000 (up from $7,500). The maxi- mum jail term will be extended to six months, up from three months. The legislation will also make compliance and prevention amendments to the act. one change is to broaden and clarify the offences of claim suppres- sion and discriminatory action, as well as a reverse onus for dis- criminatory action on employ- ers, said erna Braun, Manitoba's labour minister. "Bill 65 will help ensure a level playing field for the vast majority of Manitoba employ- ers who willingly comply with their obligations, and will also protect vulnerable workers by promoting compliance and rais- ing awareness," Braun said. The legislation supports com- pliance activities by requiring employers to provide records and allows the Workers Com- pensation Board of Manitoba (WCB) to inspect workplaces. it also safeguards rights by es- tablishing an appeal process for administrative penalties. it also trumpets a SAFe Work Manitoba service dedicated to prevention, and provides incen- tives for employers who take genuine prevention activities. The SAFe Work Manitoba ini- tiatives are already up and run- ning, Braun added. Since 1999, Manitoba has doubled the number of its safety officers as well as the number of annual workplace inspections. Last year, more than 14,000 inspections spawned 8,000 improvement orders, 700 stop- work orders and 17 administra- tive penalties. Labour applauds changes While the changes are a step in the right direction, labour groups say more needs to hap- pen before the province is churning out peak health and safety standards. The legislation was lauded by Kevin rebeck, president of the Manitoba Federation of La- bour, who said it prohibits an employer from discriminating against someone for exercising their rights — and instead puts the onus on the employer. "if someone claims there is discriminatory action related to their making a claim or exer- cising their rights, it is now the employer that has to prove that's not the case," he said. "it's often people who are fairly intimi- dated already that are putting themselves out there to raise a concern — and subjecting them to prove it so is tough on them, while they're trying to do their regular work life." establishing a designated pre- vention arm (with a bigger man- date than that of SAFe Work's) would bolster health and safety for Manitoban workers, he said. "To actually find a way to award safe behaviours and safety investments — you know, if we do that, there will be less accidents overall, it makes a lot of sense," he said. "i think the employer community isn't 100 per cent clear what that would look like and as a result are fear- ful, as people are often fearful of change. They're clinging to a system that is broken." Though the process can be painfully slow, rebeck also backed the idea of a rate model review, currently under way at the WCB. rebeck deemed the former fines "laughable" and said a re- view would help to hold em- ployers accountable and make sure workers understand their entitlements. Manitoba's compensation system offers financial incen- tives for safe employers with little or no claims reported. however, that process can sometimes feed a culture of in- timidation, discrimination and suppression, rebeck added. "The system is flawed. Part of its core is supposed to incentiv- ize employers to make the work- place safer — but our current system does absolutely nothing to incentivize that," he said. "in- stead, it incentivized people to return back to work too soon, or to intimidate or find ways to not have people report claims." Prompted by the province's five-year plan for workplace injury and illness prevention (introduced in April), the rate model review will consult with stakeholders to glean new im- provement strategies. The cur- rent rate model has been in ef- fect since 2001. "The WCB is looking at ways to improve the model to ensure that all employers are treated fairly, and to prioritize injury prevention by rewarding em- ployers for safe workplaces while addressing concerns about claim suppression," ac- cording to the board. "Stake- holder feedback, gathered from the consultations, will be used to gauge the relative strengths and limitations of the model, includ- ing its impact on employers and workers." The WCB's rate model review wrapped up at the end of June with results and recommenda- tions — to be tabled by hr con- sulting firm, Morneau Sheppell — due in the near future. Credit: FiledIMAGE/Shutterstock manitoba's legislature passed a bill last month upping the maximum fine to $50,000 for workers' comp violations.

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