On January 1, 2024, amendments to the Workers Compensation Act under Bill 41 came into effect, outlining the legal obligations for employers and workers to cooperate with each other and with WorkSafeBC to ensure a timely and safe return to work following a workplace injury.
To support employers in understanding these responsibilities, WorkSafeBC’s Return to Work Consultation and Education Services team has been meeting with employers across the province to offer tools and training. WorkSafeBC team members share and answer the questions commonly asked by employers throughout the process.
Here are the top five questions:
What is the duty to cooperate?
The duty to cooperate requires the employer and worker to communicate and work together, and with WorkSafeBC, to support the worker’s recovery and return to work.
“Return to work is not new for employers, but the duty to cooperate formalizes this requirement to ensure workers and employers keep open lines of communication throughout the process,” says Teresa, manager of Client Services at WorkSafeBC.
Recovering at work offers huge benefits for an injured worker’s mental and physical health by providing them purpose, routine, and connection. For employers, it can help minimize the negative impact of workplace injuries while increasing employee retention and productivity.
“The duty to cooperate asks workers and employers to work together to find suitable, meaningful work, so it’s important that employers collaborate with the injured worker to understand what they can and can’t do,” adds Heather, a return-to-work specialist at WorkSafeBC.
When do I reach out to a worker following an injury?
According to legislation, employers must attempt to contact a worker as soon as possible following an incident at work and throughout the worker’s recovery. When this happens can vary depending on the kind of workplace and the type of workplace injury.
The frequency of contact is less important than the quality of communication. Supportive and constructive conversations help workers feel more positive and optimistic about returning to work.
“Employers should try to put themselves in the worker’s shoes and show compassion,” says Teresa. “You wouldn’t want to bring up return to work if it’s going to do them more harm — but you can reach out as a concerned coworker to see how they’re doing and let them know you’ll be in touch.”
Heather suggests reaching out in-person or by phone and documenting these interactions — including attempts that may not go as planned — to demonstrate compliance.
Who should reach out to the worker?
One of the most common questions is whose role it is to have these important conversations when someone is hurt on the job.
“Businesses need to determine who is best suited to have these discussions. This might mean assigning or re-defining roles within your workplace, so the conversations happen between the right people. The supervisor is often the best person to have these conversations, as they typically have a closer working relationship,” says Teresa.
What is considered meaningful work?
The work must be productive and meaningful; token or demeaning tasks are considered detrimental to the worker’s rehabilitation.
“You can’t have someone do something for the sake of doing something,” says Heather. “Meaningful work makes the worker feel valued and appreciated by their employer. It also helps to boost their confidence and encourages them to stay in touch with their coworkers, the workplace, and their skills so that when they are ready to return to their pre-injury job, they’re not so far behind.”
But the onus to find meaningful work isn’t just on the employer, workers also need to help identify duties and modifications that are suitable depending on their injury. “It really needs to be a collaborative effort,” suggests Heather.
How do I change my workplace’s disability culture?
The best time to discuss your return-to-work process is before an injury occurs. A good return to work program starts on the first day of employment, says Teresa.
“When someone is hired, they need to understand that if a workplace injury occurs, you will be in contact with them, they’ll be expected to maintain communication, and you will work together to find safe and suitable work,” she says. This can then be reinforced through regular communication channels and meetings, so expectations are clear.
If you’re looking to shift the culture among current employees, consider holding a team meeting to discuss your return-to-work program or incorporate it into your regular health and safety meetings.
Training for coordinators and supervisors
WorkSafeBC offers training courses for return-to-work coordinators and supervisors to help employers train their team members on the return-to-work process. To learn more, call the Return to Work Consultation and Education Services Support Line at 604.279.8155 or toll-free at 1.877.633.6233 or email [email protected].
Find out More
Learn more about the new return-to-work responsibilities and requirements on the WorkSafeBC website:
- Employer fact sheet: Duty to cooperate
- Employer fact sheet: Duty to maintain employment
- Bill 41 Employer Info Session recording and Q&A
WorkSafeBC is here to help
If you have questions about your new duties, you can send an inquiry by email. Under “General inquiries,” on worksafebc.com select “Duty to cooperate and duty to maintain employment” as the subject of your email.
Learn more about how you can support your injured workers in their safe and timely return to work at worksafebc.com/returntowork.
