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What is WorkSafeBC?
WorkSafeBC is the same agency as the Workers Compensation Board of BC. WorkSafeBC administers the Workers’ Compensation Insurance Program, which provides insurance to fishermen injured while working. Compensation is funded by fish buyers in BC, who are required to pay the premium for WCB coverage for BC fishermen. WorkSafeBC administers and adjudicates all work-related compensation claims, including claims relating to commercial fishermen. Second, WorkSafeBC establishes, implements and enforces compliance with safety standards and requirements with the goals of improving safety in the workplace. These standards and requirements apply to commercial fishing vessels in BC. Although both the compensation and enforcement programs are covered under the same piece of legislation, they involve two different functions.
Do I have to allow WCB on my vessel?
Yes, the Workers Compensation Act gives WorkSafeBC the authority to enter onto a vessel to conduct an occupational health and safety inspection, to investigate work related accidents or injuries, to investigate a complaint concerning occupational health and safety or to determine whether there is compliance with the Act, Regulations or an Order.
What does it mean if I receive an Order after an inspection?
Following an inspection by a WorkSafeBC safety officer, you may receive an “inspection report”. This report contains inspection text referring to requirements and may contatin orders. Orders are WCB’s means of communicating what you need to do to meet their requirements. It is best to review the inspection report and orders with the safety officer to make sure there is a mutual understanding of what is required.
Try and establish good communication with your safety officer to make sure you understand each other – your fishing operation can be just as foreign to the inspector as the inspection process can be to fishermen.
How do I comply with an Order?
Depending on the terms of the Orders in the inspection report, the first step is to provide WorkSafeBC with a compliance plan within the deadline stated on the inspection report. A compliance plan explains the steps you are going to take to comply with the Orders in the inspection report and a time line for these steps. If you run into difficulties meeting the timeline you have set, it is important to notify your WorkSafeBC safety officer so that they are aware of your circumstances. The next step is actually doing what you have been ordered to do and submit and procedures or documents you have prepared to WorkSafeBC for approval. If you do not understand what is being Ordered, call the safety officer who issued the inspection report and ask him/her to explain it.
How do I know if I have complied with the Orders in an inspection report?
Once WorkSafeBC is satisfied that you are in compliance with the Order set out in the inspection report, they will issue another inspection report which specifically states that you have complied with the Order.
What if I don’t agree with the Order?
Within 90 calendar days of receiving the order, you can file a “Notice of Review”. The WCB Review Division will review the order and render a decision. However; initiating a review does not stop the obligation to comply with the Orders contained in an inspection report and within the time frame indicated.
What is the effect of pending legal challenges to WCB’s Jurisdiction over commercial fishing vessels?
At present, there are legal proceedings in progress which challenge WCB’s jurisdiction over commercial fishing vessels. However, all vessel owners, operators and masters are required to comply with the current state of the law, which means that the Worker Compensation Act, Occupational Health & Safety Regulations and other WCB Regulations are still in force and apply to all commercial fishing vessels in BC.
Where do I get more information on what to expect and on how to comply with the Regulations?
Contact you local WorkSafeBC Safety Officer, Fishing Prevention Manager, Bruce Clark, Email:
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or call Fish Safe. Fish Safe is currently working with WorkSafeBC to produce a safety procedures “How to Template”. In the meantime the following two documents will be helpful in preparing you procedures.
 fish_safe_stability_risk_analysis 373.50 Kb
wcbstabilitychecklist 85.50 Kb
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