¢ Vancouver International Airport Safety Manager John Beckett told a
workshop that it’s wrong to leave the whole rehab process up to the WCB.

Keep on the lookout for
‘invisible disabilities’

Workplaces are afflicted by work-
ers “invisible disabilities,” said two
lecturers at the SAFER conference.
Debilitating conditions such as
acute and chronic stress, depres-
sion, chronic pain syndrome, sub-
stance use disorders and codepen-
dency, are “unseen epidemics.”

Under Canada’s Charter of Rights
and Freedoms a worker can’t be dis-
criminated against if he/she has
some recognized disability. Under
the B.C. Human Rights Act, that
can include both physical and men-
tal disabilities.

If the disability impairs someone
from doing a job (i.e. a person who
is colour blind can’t drive an ambu-
lance because they can’t see a green
streetlight) then they would likely
be disqualified.

But a 1990 a legal case at the
Alberta Dairy Pool said that many
things have to be considered when
reintegration workers with disabil-
ity to ensure their is no “undue
hardship” on the company.

Factors to be considered include
the financial costs of reintegrating
the worker, the level of disruption

to a collective agreement, employee
morale problems, interchangability
of the workforce and facilities, the
size of the operation, how the facili-
ties can be adapted, and the magni-
tude of possible safety risks.

“If you are a large employer, it’s
almost impossible to prove ‘undue
hardship,” said John Beckett, safety
manager at the Vancouver Interna-
tional Airport.

Beckett said that the company
and the union can not only look at
the disabled person’s old job when
considering reintegration, but that
they have to look at other jobs as
well.

“If you have to do the duty-to-
accommodate stuff, do it right and
then you'll either find some work
for the individual or you will have a
case in front of arbitration,” he
added.

He said that action should be
taken sooner than later — well
before the person goes on long term
disability assistance.

Employers are supposed to mod-
ify jobs either in or outside the bar-
gaining unit.

“The may include removing up to
40% of duties on the job,” he said.

The WCB will pay for total or par-
tial disabilities and medical/rehab
costs. It also expects the injured to
participate in alternate work pro-
grams.

“Tt used to be that employers used
to leave the whole rehabilitation
process up the WCB and I advocate
that it’s a folly to do that... you
wouldn’t let some other company
deal with your production processes
so why would you allow a workers
compensation system to deal with
your employees exclusively...”

‘Rehabilitation is a positive
approach. It helps the employee
and the employer. It focuses on the
complete wellness of the individual.
The employee returns to work
stronger with less chance of rein-
jury because he’s gone to the root
cause of the problem,” he said.

Dr. Ray Baker from the private
company Healthquest B.C.,said
that most alcoholics and addicts hit
rock bottom and that the workplace
is often the last place where their
problems are noticed.

At the same time, he said the
workplace can be the most effective
place to achieve intervention.

He’s says he has a tough time
diagnosing people with drug or alco-
hol problems even though he
assessed between 6,000 - 7,000 indi-
viduals in his career.

In Canada about 20% of the pop-
ulation is abstinent from booze or
drugs. About 60% can partake with
no problems. The other 20% do and
half of those become addicted.

Other invisible disabilities like
chronic pain can cause social isola-
tion and have sleep disturbances.
Treatment may involve some med-
ication, exercise and social recon-
nection.

He said that persons with such
disabilities can benefit from
Employee and Assistance Programs
if they are getting a push from home.

Chronic Pain Syndrome, sub-
stance use disorders, stress and
depression are of bio-psycho social
or psycho social origins. Baker said
not to believe anyone who says they
have a “quick and dirty fixes.” Proper
assessment and treatment plans
have to be put into place.

Baker said the company and the
union have to be on board to deal
with these forms of disabilities. -

“Otherwise your high mainte-
nance employee with the invisible
disability is just going to whip-saw
everybody in the end,” he added.

“This is a relatively small group
of employees that cost a huge
amount of our (financial) costs but
they also make the workplace an
unsafe environment because of their
influence on other people as well as
their own behavior,” he said.

© Union members inspect some promotional materials near the SAFER booth set up at the conference.

New office
assists
injured
workers

_ Not all union members participat-
ing on joint health and safety com-
mittees in B.C. know it, but under
the Ministry of Labour, there’s a
Workers’ Advisors office as well as
an Employers’ Advisors office.

The workers’ office, created by the
Workers Compensation Act, has a
staff of 20 in Victoria, Nanaimo and
Victoria. It is responsible to advise,
assist and represent injured work-
ers and/or their family members in
the event of an injury or fatality. Its
services are free of cost.

The advisors also provide training
on advocacy and WCB laws and poli-
cies. They also offer assistance on
appeals at the WCB Review Board
and Appeals Division.

During the SAFER conference, a
panel of representatives (two worker
reps and two employer reps) gave a
presentation on putting together
effective joint occupational health
and safety committees.

Paul McFarland and Dan Barrett
of the Workers’ Advisory office joined
Mike Cannings and Scott Mortimer
of the Employers’ Advisory office to
talk about new developments at the
WCB, give an overview of Bill 14
(The Workers Compensation Occu-
pational Health and Safety Act),
and present case study workshops
on discriminatory actions and due
diligence.

Mr. Canning said that under laws
put in place in January of 2000,
WCB assessments for employers
can be reduced by as much as 50%
or increased by a maximum of 100%
depending on performance.

“I think that’s one reason there
has been so much interest lately as
to putting together programs on
safety,” he said. ‘

Under Bill 14 supervisors have to
be knowledgeable about health and
safety issues.

“Too often what happens is that a
person is moved into a management
position or a supervisory position
because they have all kinds of tech-
nical skills but they don’t havea
safety background,” he added.

Under Bill 14 supervisors are
responsible for people under their
direct supervision and must make
sure that employees know work-
place hazards and foreseeable prob-

ems.

In addition, now joint occupa-
tional health and safety committee
meetings are mandatory in Type A
(highest), B, and C (lowest) hazard
worksites with 20 workers or more.

Cannings said last year the Board
wrote 50,000 orders. It assessed
over $1 million in penalties con-
tained in more than 200 fines.

Mr. McFarland said when WCB
legislation was being drafted and
considered, the first issue the gov-
ernment wanted to deal with was
reducing the likelihood of occupa-
tional injuries and diseases.

“In order for that to happen the
government had to create an envi-
ronment in which there is participa-
tion of workers and employers,” he
said. “This is not something done by
the employers, this is something
that involves all of you folks.”

Most importantly, Bill 14 protects
workers from discriminatory actions
taken by the employer against a
worker if the worker contacts the
WCB for help.

Continued on page twenty