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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