OHS Insider Month in Review – March 2019 Prince Edward Island
LAWS & ANNOUNCEMENTS
|Workers’ Comp Filing Deadline
February 28, 2019
March 1: Comments end on proposed regulations implementing Bill 42, which adds new harassment protections to the OHS Act. Highlights of the legislation that passed in December hasn’t yet been proclaimed effective:
- Clarify that Act’s purpose includes ensuring workers’ “psychological wellbeing” at workplace
- Employer need no longer post OHS orders involving workplace harassment that include identifying information about individuals involved
- New duty to implement harassment prevention policy and investigate complaints
- New worker duty to comply with employer harassment policy
- Clarification that JHSC/health safety representative duty to receive and investigate safety complaints doesn’t apply to harassment complaints.
Feb. 5: Newly revised WCB policy POL-91 on workers’ comp coverage of repetitive strain injuries (RSIs) took effect, including new criteria for determining whether RSIs are work-related and expansion of coverage beyond upper extremities to RSIs to other body parts.
Jan. 1: New rules expanding workers’ comp coverage for firefighters took effect. Highlights:
- Coverage for volunteer firefighters
- Presumption that heart injuries suffered by fire inspectors or firefighters within 24 hours of responding to an emergency is work-related
- Exclusion of firefighters from employer return-to-work obligations
- List of other diseases presumed work-related for fire inspectors or firefighters (see below).
Jan. 24: Revisions to Policy POL-71, Conditions for Entitlement (renamed from “Arising Out of and in the Course of Employment”) took effect clarifying the criteria the WCB uses to determine whether an accident and personal injury has occurred and whether it was in the course of the worker’s employment.
March 6: Public review ended on relatively minor and non-substantive changes to the following WCB policies: