COCA Highlights 2000-2004
Board of Directors
The activities of COCA are directed by a volunteer Board of Directors with the following membership:
COCA Board of Directors
Ken Farey, Campbell Construction, Chair
Jim Billey, Ledcor
Terry Brown, Greyback Construction
Warren Clark, Vanbots Construction
Rod Cryderman, Wayne Watson Construction
Gary Farwell, Twin Holdings
Ernie Killins, Corporate Electric
Don McNiven, McNiven Masonry
Hank Paquin, Sasco Systems
Mike Pelletier, Emil Anderson Construction
Don Schouten, Transwest Roofing
Ex Officio
Manley McLachlan, BCCA
Bob Morrison, CLRA
Highlights
The Highlights are presented in chronological order. Some activities took place over several years.
Experience Rating
As of January 1, 2000, all other BC industries went to a 50% maximum merit and a 100% maximum demerit system. The Construction Industry decided to lobby for a maximum 33.3% merit and a maximum 33.3% demerit. This special Experience Rating system for construction is still in place while the industry and the WCB evaluate the system.
Scaffold Regulation
The COCA Scaffolding subcommittee worked with a group convened by the WCB to develop reasonable alternatives to the unworkable Scaffold Regulation (Reg. 13.18). The Regulation was first suspended, pending a review and then modified by a WCB directive. This change avoids a multi-million dollar cost to our industry (estimated at $14 million) that would have been necessary to replace scaffolding components and achieve compliance.
Fraud Hot Line
After years of pressure from COCA, the WCB established a Hot Line for Fraud. (tel. 1-877-523-3315).
Reduced Share of Administrative Costs
In 1994, COCA convinced the WCB to change the calculation basis for the WCB's administrative costs for occupational health and safety inspections. This has resulted in a cost saving - as of year-end 2003 -- of an estimated $60 million for the Construction Industry.
Recalculation of Share of Fatal Benefits
$42 million was saved because COCA convinced the WCB to adopt a method of charging for retroactive widows benefits that is based on charging the industry where the deaths actually occurred -- the WCB had first planned on charging the widows benefits based on the current size of the Construction Industry compared to other industries.
Legislative Input
COCA's Grant McMillan served on the six-person Employer's Coordinating Group (ECG) which represents BC industry in providing input to the BC Liberal government's Core Review being done on the WCB. Grant worked on developing the position paper which was sent to the Core Review on Policy and Legislation. This review is being conducted by Alan Winter. COCA's major WCB reforms have been adopted by the ECG.
Level Playing Field for Enforcement
COCA has been successful in changing a WCB policy which placed our BC contractors at a disadvantage. A number of COCA members complained that they were competing against non-resident employers and workers who were not required to comply with WCB Safety Regulations. As of August 1, 2001, all non-resident employers and workers must comply with WCB regulations - even if they are not registered as employers in BC. (An Alberta employer can be registered in Alberta and work short term in BC). This equal enforcement of safety regulations creates a level playing field.
New Method of Interest Payments
After over 17 months of lobbying from COCA and other employer associations, the WCB has made a multi-million dollar change in the method of calculating interest for retroactive payments to workers. The saving each year from these changes will be $60 to $80 million. For the Construction Industry, this means a saving of $15 to $20 million each year.
Establish CSABC
COCA is leading the establishment of the Construction Safety Association of BC, the first province-wide construction safety association. The year 2003 was used to determine curriculum, coordinate service providers and establish structure and administration. The CSABC is funded by a unique partnering arrangement with the WCB. Four of the COCA Directors also serve on the CSABC Board of Directors - Gary Farwell, Don McNiven, Mike Pelletier and Don Schouten.
New Amendments to the Workers' Compensation Act in 2002
The amendments closely reflect the COCA position on the need for balance and fairness. The basis of compensation has been changed from 75% of gross income, tax free to 90% of net income (net after Revenue Canada taxes, Canada Pension Plan and Employment Insurance). This removes the primary problem of over-compensation.
The government estimates that the savings to the system from these changes will be about $100 million per year. The construction industry's share of this reduction is about $15 million per year. In addition, there is a one-time reduction in long-term liabilities because of the legislative changes. This amounts to $500 million for all employers and another $100 million for construction. Further legislative changes follow.
Limit stress claims
Stress has been limited to the short-term reaction to a traumatic work incident. Decisions of an employer relating to the terms and conditions of employment are excluded from stress.
Restrict Loss of Earnings pensions
LOEs are now restricted to "exceptional circumstances".
CPI limited
The Consumer Price Index (CPI) changes from twice per year to once per year. In addition, the formula used for adjustment is CPI minus 1%, to a maximum of 4% per year.
Eliminate "stacking" of benefits
WCB benefits will no longer be "stacked" on Canada Pension Plan benefits; CPP will be the first payer and 50% of the amount paid will be deducted from any amount paid by the WCB.
Streamline appeal system
The appeal system has also been streamlined along the lines of the recommendations by COCA. The old system of Review Board, Medical Review Panel and Appeal Division has been replaced by a two level system - the Internal Review Division and the Workers' Compensation Appeal Tribunal. This will speed up decisions and give finality for both workers and employers (98% of appeals are from workers).
Worker Orders
The WCB will hold workers accountable when they violate safety regulations. The WCB Officer is now required to evaluate all circumstances before determining if an order is justified and if so who receives the order. As of 2002, the WCB has started to write Worker Orders.
Construction Industry on WCB Board of Directors
COCA made a recommendation to government to appoint long term COCA Director Terry Brown to the new WCB Board of Directors. Terry Brown is now the sole employer appointment to this Board.
CSABC Initiatives
New Programs to Reduce Human Suffering and WCB Costs
As the result of COCA's initiation of the Construction Safety Association of BC, the following major steps have been taken to assist contractors and workers:
Small Business Construction Centre
The WCB has established a Small Business Construction Centre.
WCB staff have been oriented to our industry - including meeting with contractors and construction site tours -- so that they better understand the needs and issues of contractors. The WCB staff are available to help with the following:
Reporting injuries
Filling out WCB forms
Managing your claims
Establishing Return to Work programs
Meeting your legal obligations
Reducing costs and returning injured workers safely back to work.
Construction Claim Manager to Help with Claims
Mike McKenna, a Client Services Manager in Compensation Services with the WCB has been seconded to work with the Construction Industry. Mike assists with:
- An in depth analysis of the current inventory of claims, with a view to action/assistance with dormant claims that need attention.
- A case-by-case opportunity to consult on claims issues.
- A company-specific review of assessments, injury profile, and costs. This is presented in report format, and is designed to target areas of the company that could benefit from assistance.
- Assistance with setting up Early Safe Return to Work programs.
Dedicated Construction WCB Case Managers
All WCB offices now have Case Managers who focus on construction industry claims. This will result in a greater understanding of our industry, better communication on claims and faster safe return to work.
Quality Affordable Safety Training
The CSABC has organized affordable, standardized, and recognized training for owners/senior managers, supervisors, and workers. All training courses were selected or developed by a Technical Advisory Committee made up of construction industry leaders. The STAR (Safety Training, Accountability and Recognition) program is being delivered through providers who partner with CSABC.
Violence in the Workplace
A proposed regulation would have required the employer to investigate "improper conduct" in a way that was time-consuming and non-productive. This change was opposed by COCA and has been called back by the WCB for further review.
Overlapping Crane Safety
As a result of a request from COCA to review and revise the requirements for overlapping cranes, the WCB has issued a new Guideline for its Safety Officers.
The Guideline gives the contractor greater flexibility in safeguarding the workplace. The previous WCB requirements had been confusing, expensive and restrictive. A similar initiative has resulted in more workable regulations for thrust out platforms.
Ongoing Relationship with WCB
COCA continues to bring forward industry issues that come from its member associations or from individual contractors.
Estimated savings for the Construction Industry since the start of
COCA in 1993 now total over $246 million, including the $120 million estimated from legislative amendments, as described above. (This does not include the savings from such initiatives as preventing the 118 page Ergonomic Regulations.)
Estimated COCA Saving 1992 to 2003
|
| Millions |
| Scaffold |
$14 |
| Admin formula | $60 |
| Fatal Benefit calc | $42 |
| Interest calc | $15 |
| Amendments current | $15 |
| Amendment long term | $100 |
| $246 |
|
|
