Canadian HR Reporter

www.hrreporter.com 27 BILL 47 AMENDS WORKERS' COMP, OHSA IN ALBERTA F O C U S O N : H E A LT H & S A F E T Y Dec. 9, 2020, Alberta passed Bill 47, the Ensuring Safety and Cutting Red Tape Act, 2020. The bill amends the Workers' Compensation Act (WCA) and the Occupational Health and Safety Act (OHSA). The Alberta government stated that Bill 47 will restore balance to Alberta's labour law, improve health and safety, provide sustainability and remove unnecessary barriers to job creation. The changes are significant, reversing the prior government's major changes in 2017: WCA changes The following changes came into force on Jan. 1, 2021: Psychological injury presumptions: Currently, workers exposed to traumatic events during the course of employment and diagnosed with a psychological injury can rely on a presumption that the injury arose out of and occurred during the course of their employment. Bill 47 will limit that presumption to first responders, correctional officers, emergency dispatchers and occupations prescribed by regulation. Other workers can still receive coverage for work- related psychological injuries through the regular claim process. Insurable earnings cap: Currently, injured workers are compensated at 90 per cent of their lost net earnings, estimated by the Workers' Compensation Board (WCB). A maximum earnings cap will be reinstated for 2021. Cost of living adjustments: The WCB will no longer be required to automatically adjust cost-of-living estimates based on the Alberta Consumer Price Index. The following changes will come into force on April 1, 2021: Appeal periods: The limitation period for appealing a WCB decision to the Appeals Commission will be reduced to one year from two years. Worker reinstatements: Employers will no longer be required to offer to reinstate injured workers who have worked for them for at least 12 months prior to their injury. However, employers will still have a duty to accommodate workers under human rights legislation. Additionally, Bill 47 will create a "duty to cooperate" requiring employers and workers to co-operate to facilitate the worker's "early and safe" return to work. Health benefits contributions: Employers will no longer be required to make contributions to health benefits for injured workers who are absent from work. OHSA changes: Dangerous work refusals: Bill 47 will limit work refusals to situations where workers believe on reasonable grounds that there is an "undue hazard" — defined as "a hazard that poses a serious and immediate threat to the health and safety of a person." Employers will no longer have to continue to provide workers who refuse work with wages and benefits. Serious injuries and incidents: Bill 47 will revise the serious injuries and incidents section of the OHSA concerning reporting and investigations to include illnesses and exposure to radiation. Additionally, instead of having to report an injury or incident that results in a worker being admitted to a hospital as an inpatient, an employer will be required to report any injury, illness or incident if there is reason to believe a worker has been or will be admitted to a hospital (beyond treatment in an emergency room or urgent care facility). Bill 47 will also require an employer to investigate near misses only if there is reasonable cause to believe corrective action is necessary to prevent recurrence. Near misses will no longer need to be reported. Disciplinary action complaints: Bill 47 will rename "discriminatory action complaints" to "disciplinary action complaints" to avoid confusion with human rights laws. Additionally, complainants will have 180 days to file a complaint. Officers will also have the discretion to refuse to investigate complaints in certain circumstances. Health and safety programs: Currently, the OHSA sets out the minimum content requirements of health and safety programs. Bill 47 will repeal those requirements. Only employers that regularly employ 20 or more workers will be required to establish and implement a health and safety program, which will no longer have specific prescribed elements. Health and safety committees/ representatives: Bill 47 will remove the requirement to have worksite- specific health and safety committees or representatives on worksites with two or more employers and a prime contractor. Instead, prime contractors will be required to have a designated person responsible for ensuring co-operation between employers and workers and implementing a system to address health and safety issues. S e l f - e m p l o y e d i n d i v i d u a l s : Currently, self-employed individuals are separately defined and have differing obligations to employers. Bill 47 will treat self-employed persons as employers. Stop work/use orders: Bill 47 will remove the requirement for employers to continue to provide workers with wages and benefits when a stop work order or stop use order is issued. The OHSA changes come into force upon proclamation, with government publications suggesting Sept. 1, 2021. CHRR GARY CLARKE Partner Stikeman Elliott in Calgary DAVID PRICE Associate Stikeman Elliott in Calgary MAJA BLANCHETTE Associate Stikeman Elliott in Calgary ON

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