This engagement is closed. The policies came into force January 1, 2024.

Overview

• What: Changes to policies affecting the return-to-work journey for injured workers and their employers.
• Who: Workers and employers throughout B.C. 
• Why: To gather feedback on four proposed policy changes. These policies were developed to reflect the new duty to cooperate and duty to maintain employment requirements created by Bill 41.
• Closing date: Consultation closed on September 1, 2023. The legislative changes came into effect on Jan 1, 2024.
• Key topics: Return to work, Duty to cooperate, Duty to maintain employment, Bill 41

Summary

In 2022, amendments were made to the Workers Compensation Act to add new obligations or duties for workers and employers to improve the return-to-work process and outcomes. These legislative changes came into effect on January 1, 2024.

To ensure that WorkSafeBC’s policy reflected these amendments, we drafted new policies and asked for the public’s feedback on the proposed policy changes in the summer of 2023.

The changes included:

Duty to cooperate: This requires workers and employers to work with each other, and with WorkSafeBC, to identify and make suitable work available to workers in a timely and safe way following an injury.

Duty to maintain employment: This applies to only to some employers. If an employer regularly employs 20 or more workers and has employed an injured worker for at least one year before their injury, the employer has an obligation to maintain that worker’s employment.

What were the key proposed changes?

To incorporate these amendments, four new policies were added to WorkSafeBC manuals:

• An overview of the new requirements and terms introduced by Bill 41.
• Guidance on the requirement for workers and employers to work with each other to ensure timely and safe return to, or continuation of, work.
• Guidance on which employers and workers are affected by the duty to maintain employment, and what those requirements are.
• Guidance on WorkSafeBC’s ability to impose administrative penalties on employers who fail to fulfill their obligations.

How your contributions make a difference

All of the comments we received were reviewed as part of the extensive consultation process when we developed the return-to-work policies. These policies will have a direct impact on B.C. workplaces, helping to address the evolving needs of workers and employers to create a safer work environment for all.

Learn more

• Read the original discussion paper on the proposed changes. Note that due to feedback, the final policies vary somewhat from the policies described here: Return to work obligations: Duty to cooperate and duty to maintain employment
• Read the summary of received submissions: Return to work obligations submissions summary
• Read the Board of Directors decision on the changes: BOD decision
  
• Read more about Bill 41: Amendments to the Workers Compensation Act
• Read more about obligations for employers: Employers: Duty to cooperate and duty to maintain employment
• Read more about obligations for workers: Workers: Duty to cooperate and duty to maintain employment