WHEREAS Section 119 of the Workers Compensation Act places a legal obligation on the owner of premises used as a workplace, and many local governments across the province lease municipal and regional land and buildings to non-profit organizations and to the provincial and federal governments, and these organizations and governments employ workers on the leased premises and lands; AND WHEREAS the Workers Compensation Board seems to be providing a wide interpretation of Section 119 of the Workers Compensation Act, holding property owners, such as municipal and regional district governments, responsible for the safety violations of their tenants: THEREFORE BE IT RESOLVED that the Union of British Columbia Municipalities request that the Province of BC clarify Section 119 of the Workers Compensation Act to ensure that owners who have leased premises and lands are not held liable for the safety violations of their tenants workers.
MINISTRY OF LABOUR AND CITIZENS SERVICES Part 3 of the Workers Compensation Act Act, which addresses occupational health and safety, applies to the provincial government and every employer and worker whose occupational health and safety ordinarily fall within the jurisdiction of the provincial government. This includes municipalities. This is no different than how similar occupational health and safety legislation across Canada applies to municipalities. Every owner of a workplace has an obligation to ensure the health and safety of persons at that workplace. Where there are multiple employers at a workplace, the owner must enter into a written agreement with a prime contractor to ensure compliance with the Act and the Occupational Health and Safety Regulation. There can only be one prime contractor at a workplace at any point in time. If an owner enters into more than one agreement to create a prime contractor for the same period of time, this creates a legal ambiguity and uncertainty over who is ultimately responsible for worker safety that is addressed under the Act by allowing WorkSafeBC to deem the owner to be the prime contractor. This ensures that a clear accountability for worker safety is in place. In terms of the specific concerns raised by the resolution, it should be noted that the Act makes a distinction between the general duties of owners Section 119 and the general duties of employers Section 115 which may exclude non-profit organizations and other who have leased space from a municipality. In practice, the owner would be responsible for the overall safety of the building including electrical wiring, the use of asbestos for insulation, well maintained heating systems, and the like. In contrast, the non-profit organization the employer would be responsible for safety within the office environment including safe storage of office materials, hazard free work areas and so on. The Ministry of Labour and Citizens Services does not support Resolution B73 that would have the Province of British Columbia clarify Section 119 of the Workers Compensation Act to ensure that owners who have leased premises and lands are not held liable for the safety violations of their tenants workers. The current provisions of the Act ensure that a clear accountability for worker safety is in place. Where the owner the municipality retains responsibility for the overall safety of the building and the tenant the employer is responsible for safety within the office environment.