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Policy notes<br />

New compliance agreements<br />

will give compliant employers<br />

the opportunity to sign<br />

written agreements rather<br />

than receiving orders.<br />

Help shape enforcement,<br />

other OHS policies<br />

By Gord Woodward<br />

The provincial government’s Bill 9 —<br />

enacted on May 14, 2015 — amended the<br />

Workers Compensation Act (the Act) to<br />

improve workplace health and safety, and<br />

strengthen <strong>WorkSafe</strong>BC’s tools for<br />

enforcing the Act and the Occupational<br />

Health and Safety (OHS) Regulation.<br />

Accordingly, <strong>WorkSafe</strong>BC is currently asking for views<br />

on policies to support these changes. Employers and<br />

workers have until October 15 of this year to share<br />

their views on the following four topics:<br />

• The OHS Compliance Agreements policy<br />

• The OHS Citations policy and new regulation<br />

• The Stop Work Orders policy<br />

• Employer Incident Investigations policies and<br />

regulation changes<br />

What are OHS compliance<br />

agreements?<br />

Once the related Act changes come into effect on<br />

September 15, this new compliance tool will allow<br />

<strong>WorkSafe</strong>BC to work with cooperative employers to<br />

correct non-high-risk violations and improve workplace<br />

safety. Instead of issuing an order, <strong>WorkSafe</strong>BC<br />

prevention officers will have the discretion to enter into<br />

a written agreement with employers in appropriate<br />

circumstances. Compliance agreements are voluntary,<br />

so employers are not required to participate.<br />

Compliance agreements will specify the following<br />

in writing:<br />

• The corrective actions the employer agrees to take<br />

• The deadline for the work to be done<br />

• The deadline for the employer to report back to us<br />

As long as the agreement is fulfilled, an officer won’t<br />

issue an order for the specific violations that are<br />

addressed in the agreement.<br />

Who qualifies?<br />

Officers can enter into a compliance agreement with a<br />

willing employer, as long the following criteria apply:<br />

• The violation isn’t high-risk, as defined in the<br />

high-risk policy (D12-196-2) and doesn’t expose<br />

workers to immediate risk.<br />

• The employer has not committed the same violation<br />

within the last 12 months.<br />

• The employer has not had a previous compliance<br />

agreement cancelled within the last three years due<br />

to the fault of the employer.<br />

• The officer is confident the employer is likely to<br />

fulfill his or her obligations, based on factors that<br />

include the following:<br />

September / October 2015 | <strong>WorkSafe</strong> Magazine 13

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