We are sharing a compliance reminder from WorkSafeBC

With the recent job action by the BC Nurses Union, WorkSafeBC has become aware that some employers have noted they will not be able to participate in occupational health and safety compliance activities, inspections, or return-to-work planning as a result. WorkSafeBC is reaching out to industry employers and the BC Nurses Union to clarify each party’s obligations during this time. 

WorkSafeBC recognizes that management staff are being redeployed to support patient care services and manage health care operations, and that this may slow response times for some compliance activities. During this time, it is important to note that the Workers Compensation Act (the Act) and Occupational Health and Safety Regulation remain in effect during any job action.

These obligations include responding to officer requests, participating in inspections, complying with orders, and the duty to cooperate and the duty to maintain employment for injured workers. For injured workers, where suitable work is available, employers must continue to facilitate an injured worker’s return-to-work planning and graduated return-to-work activities. 

Lines of communication between the employer and their injured worker must remain open, though the disruption may mean communication is less frequent. Stopping communication may be viewed as not cooperative and may lead to escalation under the Act. 

Workers may decline to participate in return-to-work activities because of a picket line at their work location. This would be considered a reasonable refusal. However, where there is no active picketing, the worker is expected to attend work and participate as outlined in their graduated return-to-work plan. If a worker is refusing to participate because of job action, employers should contact the claim owner as soon as possible.  

WorkSafeBC remains committed to working with employers and workers during this time. If  you have any questions, please contact:

• Health & Safety assistance: call the Prevention Information Line: 1.888.621.7233
• Claims & Rehabilitation Services, including Return-to-Work Services call 1.877.633.6233

SafeCare BC has resources available to support you during this time:

• Injury management program | A manual for employers 
• Workplace inspections: What they are, why they matter, and what to look for 
• Reinventing the return - A roundtable discussion on smooth workplace transitions