April 12, 2005
Labour and Immigration Minister Nancy Allan today introduced legislation which would modernize and improve the Workers Compensation Act based on recommendations supported by Manitoba workers and employers.
"The legislation is an affordable, balanced and practical strategy that will bring Manitoba into the mainstream of Canadian Law," said Allan. "We incorporated recommendations put forward by Manitoba worker representatives and employer groups that reflect modern realities."
The Workers Compensation Act Review Committee held public hearings across the province and received over 200 submissions from a wide range of stakeholders.
The proposed changes would include improved benefits, increased focus on prevention, new measures for employers, measures to allow government to expand coverage following consultation, new occupational disease presumptions for firefighters and strengthened governance and accountability measures as well as improved financial oversights.
Other highlights of the proposed amendments:
· renewed focus on prevention,
· wage replacement at 100 per cent for minimum wage earners,
· benefit reductions for injured workers with longer claims would be eliminated,
· benefit reductions for workers 45 and older would be eliminated,
· permanent injury benefits would increase,
· recognized work-related illnesses for firefighters would be expanded to include three new cancers, as well as heart attacks occurring within 24 hours of an emergency response,
· part-time and volunteer firefighters would be included under new presumption provisions, as recommended by the Association of Manitoba Municipalities and the Manitoba Association of Fire Chiefs,
· employers would be enabled to request a medical review panel in certain circumstances,
· employer liability protection would be extended to directors of corporations who are employers,
· WCB, not employers, would pay the cost of transporting injured workers to hospital,
· new provisions would help prevent employers from paying duplicate assessments for coverage in different jurisdictions,
· an independent auditor would be required to conduct a "value for money audit" of at least one WCB program every five years,
· the changes would result in the most modern Workers Compensation Board (WCB) corporate governance in Canada which would include separate audit and investment committees,
· the government would no longer have a representative on the investment committee, which is created by the board and accountable to stakeholders, and
· committee chairs would be board members other than the WCB board chair.
"About 30 per cent of Manitoba workers are currently not covered by workers compensation, one of the highest percentages in the country," said Allan. "The proposed bill will allow government to expand coverage to additional workers following consultation with stakeholders. The first priority will be workers in industries where it makes the most sense, such as outside window washers and those in medical testing laboratories."
Allan noted the financial strength of the WCB will allow benefits to improve while retaining Manitoba’s assessment rate advantage.
The legislation would also have a stronger emphasis on prevention initiatives designed to build upon recent success in improving workplace health and safety. Allan noted that between 2000 and 2004, Manitoba’s time loss injury rate is estimated to have decreased by 22 per cent, and the province is well on its way to meeting its target of a 25 per cent reduction.
"These amendments are responsive to worker and employer concerns on affordability, increasing prevention, effective management and improving benefits," said Allan. "Our government has accepted the vast majority of the review committee’s proposals in crafting this legislation and we are grateful to all the stakeholders who have contributed to this effort."
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BACKGROUND INFORMATION
HIGHLIGHTS OF
THE PROPOSED WORKERS
COMPENSATION AMENDMENT ACT
This amendment to The Workers Compensation Act would implement the majority of the recommendations made by the legislative review committee in February 2005.
The highlights of the proposals include:
BENEFITS
COVERAGE
· Legislative changes to enable expansion of coverage following stakeholder consultations
· Extension of employer liability protection to directors of corporations who are employers
· Eligibility of non-profit and volunteer organizations to apply for workers compensation coverage for their volunteers
· Eligibility of participants in work experience programs for workers compensation coverage
· New provisions to help prevent employers from paying duplicate assessments for coverage in different jurisdictions
FIREFIGHTERS
· Expansion of presumption for firefighters to include part-time and volunteer firefighters
· Addition of primary site colorectal or ureter cancers and primary site lung cancers in non-smoking firefighters to list of presumptive illnesses
· Heart attacks occurring within 24 hours of an emergency response presumed to be work-related injuries
GOVERNANCE
· Establish audit, policy and planning, and investment committees reporting to the board
· Enable the appointment of outside members with relevant expertise to the audit and investment committees
· The board of directors to set WCB investment policy
· Expand the mandate of the policy and planning committee to include strategic planning
· Require committee chairs to be board members other than the WCB chair
· Require an independent auditor to conduct a "value for money audit" of at least one WCB program every five years
· Require the board of directors appoint a fair practices advocate who may investigate and make recommendations on matters where employers, workers or dependants may be aggrieved
· Confirm that workplace injury and disease prevention are part of the WCB mandate
· Strengthen the independence of the WCB Appeal Commission
RETURN