Disability, Injury, Occupational Illness and Disease are
areas as employers, managers and supervisors we are best to be on top of in our
workplaces. This is not only because it
makes good business sense, but because legislation dictates that we must. Tools to assist in the development of
policies, procedures, best practice and training are available to each and
every one of us – therefore no excuse is a good excuse. Safety should always come first!
From a study completed in 2002, 2.3%
of the Canadian population suffered from depression in the previous year. Depression is on the rise and therefore a
growing concern to employers. That said,
workplace sponsored programs to address mental health issues are surprisingly
low.
Only 23% of Canadians feel comfortable speaking to their
employer about their mental illness.
Mental Illness represents 15% of disease in Canada. A healthy workplace is essential to an
organizations economic prosperity. The
economic burden of mental disorders in Canada has been estimated at $51-billion
per year, with almost $20-billion of that arising from workplace mental health
disorders.
In November, 2011, Workers Compensation Act BC enacted Bill
14-2011providing changes to ensure the current workers’ compensation
system remains responsive to the needs of workers and employers. Specifically,
the bill amendments are to:
·
Broaden compensation coverage for mental stress conditions
arising in the workplace.
·
Adjust compensation for injured apprentices to a level that
fairly represents their loss of earnings.
·
Grant survivor benefits to common law couples without
children after two years of cohabitation (previously three years).
·
Confirm the most recent inflation adjustments for
compensation and penalty amounts
The expanded coverage under Workers Compensation BC is
expected to cost an additional $10 million to $18 million a year. This change
brings B.C. in line with many other provinces.
The Mental Health Commission of Canada has developed a
national standard for Psychological Health and Safety in Canadian Workplaces,
to be launched in 2012. The
CSAZ1003 - National Standard of Canada
for Psychological Health and Safety in the Workplace focuses on improving the
psychological health and safety of employees.
Tools to achieve measurable improvement in workplace psychological
health and safety and voluntary standards for employers to utilize in their
workplaces are currently under review with a public review that closed December
31, 2011.
The advantages to the employee of a psychological standard
include:
·
protection from
psychological harm in the workplace and
·
the promotion of
psychological wellbeing.
The four main parameters of the program outline the business case
in favour of psychological standards for your workplace:
·
enhanced cost effectiveness,
·
improved risk management,
·
increased organizational
recruitment and retention, and
·
corporate social
responsibility.
This standard is voluntary, so why should you participate in
the program and address mental health in your workplace – Bill C45 outlines a
strong case for management of your workplace mental health – health and safety
issues.
Bill C45 established new legal duties for workplace health and safety, and
imposed serious penalties for violations to the Criminal Code. The Bill outlines
new rules for attributing criminal liability to organizations, including
corporations, their representatives and those who direct the work of others.
Bill C-45 added Section 217.1 to the
Criminal Code which reads:
"217.1 Every one who
undertakes, or has the authority, to direct how another person does work or
performs a task is under a legal duty to take reasonable steps to prevent
bodily harm to that person, or any other person, arising from that work or
task."
In addition, Bill C-45 added
Sections 22.1 and 22.2 to the Criminal Code imposing criminal liability on
organizations and its representatives for negligence (22.1) and other offences
(22.2).
In order to minimize your risk under
Bill-C45 and your provincial Health and Safety enforcements, develop a thorough
Health and Safety Program. Start by:
- Knowing the
Criminal Code and how it applies to your organization,
- Knowing your legal obligations under occupational
health and safety laws and standards in your province,
- Knowing what hazards exist in your workplace,
- Knowing how to effectively reduce or eliminate the
hazards in your workplace and applying controls to reduce these risks,
- Ensure employees
are aware of the company's health and safety program,
- Ensure employees
are informed of any risks, and
- Ensure employees
receive appropriate training and protective equipment for their jobs and
the environment they work in.
Be sure to find out if your province
has specific disability legislation that you must comply with such as the
Ontario – AODA Legislation. Developing
programs to address workplace disabilities return to work strategies, health
and safety best practices and programs, and Due Diligence will set you well on
the path to addressing workplace injuries and mental health proactively instead
of reactively. A well thought out
program will create a workplace wellness culture that will reduce injuries,
decrease absenteeism and ultimately reduce costs; remembering that a healthy workplace is essential to an organizations economic prosperity!
Lynne Bard, BA (Honours), C.H.R.P., CES
Human Resources, Safety & Risk Management Experts
Taking the Complexity out of Compliance
President
Beyond Rewards Inc.
Phone: 519-821-7440
Cell: 519-830-7480
mail: lbard@beyondrewards.ca
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