WorkSafeBC has implemented new legislation effective January 01, 2024. We’ve summarized the changes to the various sections of the Act and outlined how DMI can be effective in supporting you through the new legislations.

Section 154.2 – the Duty to Cooperate

The Duty to Cooperate outlines the requirement for employers and workers to maintain regular contact with each other throughout the duration of their claim. It also requires employers and workers to work together in identifying suitable work at the time the injury is reported, and for the worker to participate in any suitable work that is available.

The Duty to Cooperate applies to all workers and employers, union and non-union, regardless of the size of the business, or how long the worker has been employed.

DMI’s Occupational Department can assist you with developing and implementing a simple, yet effective process for identifying suitable work and offering it to workers, to ensure you’re meeting your obligations under the new legislation!

Section 154.3 – the Duty to Maintain Employment

The Duty to Maintain Employment also outlines the requirement for employers to offer pre-injury or alternative work, at wages that are comparable to the worker’s pre-injury work and wages. Adding that an employer must, to the point of undue hardship, make any change to the work or workplace that is necessary to accommodate a worker. Furthermore, if an employer terminates a worker’s employment within six months after the worker begins to carry out suitable work or essential duties of their pre-injury or alternative work, the employer may be found to have failed in the duty to maintain employment.

This applies only to some employers, in specific circumstances; where an employer regularly employs 20 or more workers and has employed the worker for at least one year prior to the injury, the employer has an obligation to maintain the worker’s employment, according to the worker’s fitness to work. It covers both part-time, full-time, and casual workers.

DMI’s Occupational Department can help you determine if the duty to maintain employment applies to your business and provide assistance in navigating this new legislation!

When it comes to Return to Work (RTW) Obligations and Collective Agreements, when there is a conflict between the new obligations and a collective agreement, the rule or provision that provides the most favorable return to work options for the worker will prevail – except where seniority is a factor. The Board has jurisdiction to make a final determination of the most favourable RTW option, in this case.

The Administrative Penalties you can expect if you don’t meet your obligations under the new legislation are significant (up to $116,700.00), but DMI is here to help! Please reach out to us if you require assistance, we look forward to sharing our expertise with you!

Talk to an expert today!

DMI is committed to providing timely support and information to our clients. We have been working with employees and employers nationwide to provide comprehensive end-to-end solutions for their absence and disability management needs.

Interested in learning more about our services and how disability management services can help control disability claim costs? Request a free review of your claims experience from a DMI expert to determine if you will benefit from DMI’s claims management services.