MASSIVE OVERHAUL TO MAKE WCB ‘FAIR, COMPASSIONATE’
Board has arguably been the most stingy of the province’s governmental agencies
The Alberta government isn’t just putting the “W” back into the Workers Compensation Board, it’s putting the “C” in, as well.
The WCB is about to be subjected to a massive overhaul aimed at reforming and transforming what is arguably the most stingy and distrusted of governmental agencies.
What will emerge from this metamorphosis is an organization that is, according to Labour Minister Christina Gray, “compassionate, accessible, fair and easy to navigate.” It will be an agency focused more on the needs of the employee than the employer.
As far as the government, and no doubt a litany of injured workers, is concerned, this is about turning Snidely Whiplash into Dudley Do-Right.
The title of Bill 30 — An Act to Protect the Health and WellBeing of Working Albertans — says it all. This bill couldn’t be more New Democratic if it was printed on union-made paper and included a picture of Tommy Douglas.
The changes to the WCB include removing the current cap on insurable earnings, awarding a $90,000 lump-sum benefit to the family of a worker killed on the job, allowing injured workers more say in choosing their health professionals, and setting up a Fair Practices Office to help people navigate the system.
The Fair Practices Office will act like an ombudsman and report directly to the labour minister.
That the government felt the need to set up such an office inside the WCB is a testament to just how difficult the claims system had become.
“When claims go smoothly, everyone is happy, but when they don’t, injured workers, employers and health professionals are often caught in a web of disagreement, confusion and intense frustration,” said Gray.
“Bill 30 will create a system that protects workers and is more responsive to our changing workplaces.”
As Gray pointed out, this is the first major overhaul of the WCB system in more than 15 years. But the NDP is not making the changes because of an arbitrary 15-year time frame. It’s because the NDP is now in power — and it has a loud and vocal history of criticizing the WCB.
Over the years, the NDP has attacked the board for treating injured workers callously, rejecting claims unfairly and bungling payments to claimants.
Ask MLAs for the one issue that drives most complainants to their office and they’ll likely point to a filing cabinet in the corner crammed with grievances about the WCB.
If you’ve ever walked past the board’s headquarters near the legislature, you’ll notice huge boulders and shrubs on the strip of grass outside the front doors. The excessive landscaping was added to prevent unhappy injured workers from ever again setting up tents in protest as they did in August, 1999.
Anger at the board hit a dangerous low 10 years later when injured worker Patrick Clayton brought a rifle to the board’s headquarters and took nine people hostage for 10 hours before surrendering to police.
Bill 30 isn’t just about helping workers once they fall under the responsibility of the WCB, it’s about helping them avoid injury in the first place.
The bill amends the province’s Occupational Health and Safety Act to give workers the right to refuse unsafe work. Currently, they have a “duty” to refuse dangerous work, but that was seen to put the onus on the worker. Making it a “right” means the employer will be sharing the responsibility.
Employers with 20 or more workers will have to set up occupational health and safety committees. Those with between five and 19 workers will have to have a health and safety representative.
The government says the changes will come with a dollar cost — about $90 million more a year to the WCB system. Much of that will be borne by the WCB’s $10-billion accident fund. There might yet be an additional cost to employers.
But the government also argues there will be a savings in terms of life and limb.
So far, unions have lined up to praise Bill 30.
The official Opposition, though, has been quiet.
“We will provide comment once caucus has had a chance to review the legislation carefully and consult with constituents and stakeholders,” said an official with the United Conservative Party.
That’s not an unreasonable response to a bill that runs well over 100 pages. It will take time to digest.
When it comes to protecting Alberta workers, the NDP is trying its best to look like Dudley Do-Right. The UCP doesn’t want to give a knee-jerk response that makes it look like Snidely Whiplash.