Whitehorse Daily Star

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Mark Pike

Employers’ assessment rates in for some changes

The Yukon Workers’ Compensation Health and Safety Board’s assessment rates will change moderately in 2019, the board said last Thursday.

By Whitehorse Star on August 13, 2018

The Yukon Workers’ Compensation Health and Safety Board’s assessment rates will change moderately in 2019, the board said last Thursday.

The Services Low rate group will see the largest increase, going up 2.9 per cent from 68 cents to 70 cents to per $100 of payroll.

Services High will experience the largest rate decrease, dropping 5.4 per cent from $2.95 to $2.79.

The Government rate group, which includes the territorial government, First Nations and municipal governments, will rise 1.3 per cent from $1.54 to $1.56.

The board of directors said it’s pleased that the adjustments in rates for 2019 are moderate while permitting the organization to continue delivering on its commitment to reduce the funded position so that it accurately represents the cost of operating the system.

The board’s funded position has been reduced to 143 per cent as of the end of 2017, down from a its peak of 160 per cent at the end of 2014. The target range of the funded position is between 121 per cent and 129 per cent.

“The board of directors remains committed to bringing the organization’s funded position to within its target range,” said chair Mark Pike.

“The moderate adjustment in rates for 2019 does not change this. Our approach, as always, is measured and prudent, and it ensures we are able to continue caring for workers who are injured in the workplace even as we bring the premiums employers pay in line with the actual cost of the system.”

The board of directors is pleased that “we were able to streamline our rate-setting process this year and deliver the full suite of assessment rates for 2019 to employers earlier than normal,” Pike added.

“This will enhance employers’ financial and business planning capabilities and provide them more time to make informed business and operational decisions.”

The board delivered on a commitment made in June last Thursday when it announced industry classifications and assessment rates for the upcoming year two months earlier than normal. Rates are normally announced in the fall.

“Caring for injured and ill workers costs money, and employers support the system that delivers that care,” said president/CEO Kurt Dieckmann.

“We know many Yukon employers are making strides with their workplace safety and prevention measures. It’s these sorts of positive efforts that keep workers safe and healthy, and can drive rates down.”

See commentary.

Comments (3)

Up 6 Down 7

Juanita Wood on Aug 14, 2018 at 11:48 am

When will the Board start working to the purpose of the OHS legislation, i.e. protection of workers and NOT protection of employers?

When will the Board develop information about the process for complaints of reprisal so workers can know and understand the PROPER process for their complaint so workers can recognize when they are being "tricked" out of their legislated rights by the very person/organization mandated to administer the legislation in good faith and in accordance with its purpose? I mean, come on, the legislation has been in place for 34 years and never has any procedural information ever been developed! I firmly believe this is intentional. Had there been procedural information (like you can find in every other government program), I would not have been misled out of my opportunity to hold the employer accountable.

I trusted that Director to do his job in good faith. You know, the public trust thing. I fully trusted that everything he and his in-house counsel said would be factual and not misleading. I mean, the purpose of the legislation is protection of workers. Why wouldn't I trust that they were working to ensure I could exercise my rights under the law?

It is not right that the Director OHS intentionally misleads workers claiming a reprisal by issuing an "enforcement" decision in response to a worker's complaint of a violation of their rights. An "enforcement" decision, a decision made by a safety officer, is NOT a valid decision in a complaint of reprisal and yet WCB has been issuing "enforcement" decisions in complaints of reprisal since at least 2005. Yes, even when the current president was the Director OHS and the practice continues to this day. You can't tell me the president of WCB and/or his legal advisor (yes, a lawyer with a degree in law) are not aware that what they are doing is wrong.

I raised all the right questions in my appeal....his lack of authority to make decisions in complaints of reprisal; his lack of discretion to choose not to prosecute the employer, but the appeal panel nevertheless found they had jurisdiction over my complaint because they have jurisdiction over "enforcement" decisions. I guess they didn't hear me when I stated over and over and over again that I was seeking a prosecution against the employer based on my rights under section 18 which does not concern enforcement, but which concerns "workers' rights". I guess they didn't think to consider my complaint which clearly sought remedies only a court can provide and just as clearly did NOT seek enforcement action, like penalties, against the employer.

Yes, first I relied on the Director to do the right thing. Then, I trusted the appeal panel to actually know the legislation they oversee and to refuse to hear the appeal (assuming my arguments about his authority and discretion were true). But no, they assumed jurisdiction over my complaint so, of course, I thought they knew what they were doing and that the Director's process must be correct after all. I thought all Canadian workers had the right to raise safety concerns in their workplace without fear of reprisal. Holy crap was I ever wrong....about everything.

I was wrong to think the Director and the organization are working to the purpose of the protective legislation. They are not. Yukon workers need to know this.
Yukon workers need to know they do not have to submit to an investigation of their complaint of reprisal.
Yukon workers need to know they have a RIGHT to a hearing in a court of law in complaints of reprisal.
Yukon workers need to know to seek judicial review to compel the Director to do his statutory duty - because he won't do it without a court order.
Do not let the Director OHS mislead you the way he misled me.

To the Board of Directors....you are responsible for the actions of the president and the organization. They pulled the wool over your eyes, too, in my appeal by stating (under oath) that I "chose" the route of appeal in my complaint. I was never advised of a "choice" of appeal processes; I was never advised that my "appeal" should actually have been brought by way of judicial review; I was SPECIFICALLY advised by the Director OHS to appeal to an appeal panel.

Are Yukon workers expected to know the Director's job and the appeal panel's job in order to be able to exercise their rights under the law?
Yes, renovations are desperately needed at WCB - at least in OHS.

I am currently seeking a court order to prohibit the Director OHS from issuing future known "void" (made without authority) decisions in complaints of reprisal so he can't continue to do this to Yukon workers. The court order will be dependent on a finding that the Director acted in bad faith in my case (for intentionally misleading me). The Court of Appeal will hear the case in November. Stay tuned. In the meantime, be careful who you trust.

Up 11 Down 2

Seriously? on Aug 13, 2018 at 4:46 pm

"We know many employers are making strides with their workplace safety and prevention measures."

When will WCB start administering their OHS legislation in accordance with the purpose of the protective legislation? The Board should try making a few strides in this area of their work. Employers are on board with workplace safety requirements; workers comply with workplace safety requirements; it's only WCB that doesn't seem to care about worker safety!

Up 13 Down 1

ProScience Greenie on Aug 13, 2018 at 2:58 pm

In other words, more renovations at WCB.

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