New Employer Responsibilities Under the 2024 Workers Compensation Act

In 2024, changes in the Workers Compensation Act introduced requirements for employers to maintain employment for injured workers. This means providing alternative work or modified duties that allow injured workers to remain in the workplace while they recover. The alternative work must be within the assessed abilities of the worker to perform, including their skill set and their physical abilities, which may require an assessment by a physician.

What Alternative Work Looks Like in Tree Planting

In tree planting operations, alternate work may include checking trees for quality, helping in the kitchen or camp, or conducting driving operations if the worker has the proper training. Alternate work cannot include degrading tasks that are assigned with the intention to punish, and must include activities that are productive and meaningful to the operations. Paying workers to watch Netflix is not acceptable.

Benefits of Modified Work for Employers and Employees

The key to alternate duties and modified work is that it keeps workers at the job-site, and the company can also help ensure they have access to physiotherapy or other services. At the same time, it reduces insurance costs to the company, as the wages they pay workers directly are not included in their insurance assessments and therefore do not add to their insurance fees in the future.

Limitations on Employer Obligations

One of the limitations on alternate work is that the requirement to offer it is limited to employers that have 20 or more employees. The employer is also only obligated to offer alternate work if the employee has been with them for a minimum of 60 calendar days. However, the total calendar days extend into the previous year of work with the company. For example, a tree planter who worked 50 days one year, is laid off, and invited back the next year for another 10 days would meet the 60-day requirement for eligibility. However, a tree planter who joins a company for their first season, and has worked for 55 days may not be eligible. In most cases, employers offer alternative work regardless of a worker’s history, as it ultimately benefits both parties.

Exceptions: When Employers Are Not Required to Provide Alternative Work

Another limitation is that the employer is not obligated to provide alternative work if it causes them undue economic hardship. In this sense, they are not expected to create new jobs or assign workers to different tasks if they do not have the room in their budget or capacity in their workplace. In such cases, the worker would then be managed through a conventional WorkSafeBC claim and may be sent home to recover.

Why Alternative Work Matters

Alternate work is intended to assist both workers and employers. WorkSafeBC notes that workers who remain in contact with their employer generally have better follow-through on treatments and faster recovery times, which is good for everyone.