Transcript Bill 14 – Understanding Mental Disorder Claims

Bullying and Harassment
OHS Prevention
Presented by: Alex Booth
October 1, 2013
Employers’ Advisers Office
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Advice
Assistance
Education
Representation
No cost service
WorkSafeBC Definition of
Bullying & Harassment
• Includes any inappropriate conduct or comment
by a person towards a work that the person
knew or reasonably ought to have known would
cause that worker to be humiliated or
intimidated, but…
Definition of
Bullying & Harassment
Excludes any reasonable action taken by an
employer or supervisor relating to the
management and direction of workers or the
place of employment.
Workers Compensation Act, Part 3
• General health and safety obligations of workplace
parties include prevention of bullying and
harassment:
• Section 115 – Employer Obligations
• Section 116 – Worker Obligations
• Section 117 – Supervisor Obligations
Concurrent Obligations
•Discriminatory Actions under WCA
•Human Rights
•Labour Relations
•Court System – wrongful dismissal cases
Policy D3-115-2
Employer Duties
• Reasonable steps must be taken to
address the hazard
• How? What does compliance look like?
Policy D3-115-2
Employer Duties
• Policy Statement
• Prevent/Minimize Bullying and
Harassment
• Procedures – Reporting/Investigating
• Training – Supervisors and Workers
• Annual Review of Policy and Procedures
Policy D3-116-1
Worker Duties
• Not to engage in bullying and harassment
• Report if observed or experienced
• Comply with employer’s policies/procedures
Policy D3-117-2
Supervisor Duties
• Not to engage in bullying and harassment
• Comply with employer’s policies/procedures
• Investigating and taking corrective action
Policy Statement
•Complimentary to OSH Program Policy
•Zero tolerance for Bullying and Harassment
•Macro level statements
Reporting
•Establish protocols
•Clear methods
•Consider conflict of interest
Investigations Procedure
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How and when they will be conducted
What should be included
Roles and responsibilities of all parties
Follow-up – including correction actions
Documentation
Training
• Workers and Supervisors
• General Training
• Specific Training
Annual Review
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Policy Statement
Reporting Procedures
Investigation Procedures
Preventative Steps taken
Scenario A
Upcoming Resources
•WorkSafeBC Bullying and Harassment Toolkit
•Workers Compensation Act Guideline
Question
Where else is this likely to show up?
MHCU Claims
Top Subsectors: July 1, 2012 – June 30, 2013
Subsector
Health Care and Social Assistance
Transportation and Related Services
Accommodation, Food, and Leisure Service
Retail
Education
Public Administration
Business Services
Other Services (not elsewhere specified)
Deposit Sector 11 (formerly Class 13)
General Construction
Wood and Paper Products
Professional, Scientific, & Tech Service
Metal and Non-Metallic Mineral Products
Count Percent
615
26.75%
258
11.22%
194
8.44%
191
135
130
108
94
79
62
50
42
41
8.31%
5.87%
5.65%
4.70%
4.09%
3.44%
2.70%
2.17%
1.83%
1.78%
Key Changes – Bill 14
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“Mental Stress” now “Mental Disorder”
Traumatic events and gradual onset stress
Predominant cause test
Bullying and harassment
Diagnosis by psychiatrist or psychologist
Policy C3-13.00
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DSM Diagnosis
Event(s) or Stressor(s)
Traumatic Event(s) or Significant Stressor(s)
Causation
Exclusions
A. DSM Diagnosis
• DSM diagnosis by a psychiatrist or psychologist
• Psychiatrist or psychologist may be appointed
• All relevant medical evidence considered
B. Event(s) or Stressor(s)
• Must be identifiable
• Worker’s subjective statements considered
• Must be verifiable
C. Traumatic Event(s)
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An emotionally shocking event
Generally unusual and distinct
Daily exposure not precluded
Usually witnessed first-hand
Reaction typically immediate but may be delayed
Excessive in intensity and/or duration
C. Significant Stressor(s)
• Excessive in intensity and/or duration
• May include:
– bullying and harassment
– interpersonal conflicts if threatening or
abusive
D. Causation
(i) Traumatic Event(s)
• Two-part test:
– Arising out of and in the course of
employment
– Event(s) are of “causative significance”
D. Causation
(ii) Significant Stressor Causation
• Two-part test:
– arising out of and in the course of
employment
– “predominant cause” of the mental disorder
D. Causation
(iii) Aggravation of Pre-existing Mental Disorders
• Reviewed by WorkSafeBC
• Causation tests apply
E. Exclusions
• Business decisions regarding employment
• Policy provides guidance and examples
Psychological Impairment
Arising from Physical Injury
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Section 5 applies
RSCM Policy C3-22.30
Compensable if consequence
No need for DSM diagnosis
No need for psychiatrist or psychologist
Claim Adjudication
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Centralized Richmond Team
Clinical Services
Return to Work/ Vocational Rehab
Investigative Support
Employer’s Rights
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Investigation
Communication with worker
Participate in Claim/Take a Position
Assist with Return to Work
Review/Appeal
How the EAO can help?
(Claims, Assessment and Prevention)
• Advice and assistance
• Representation
• Education