Prevention - The Right to Know
8.5 Access to Information
OH&SR 4.30 requires the employer to inform all workers of the
nature and the extent of the risk of violence. The duty to inform
includes a duty to provide information related to the risk of violence
from persons who have a history of violent behaviour and whom workers
are likely to encounter in the course of their work. This information
must be provided to workers prior to their exposure to the risk. The
employer must also instruct workers on
recognize the potential for violence
procedures, policies, and work environment arrangements which have
appropriate responses to incidents of violence, including how to
procedures for reporting, investigating, and documenting incidents
often told that they cannot be informed about a student's violent
history as it would violate the Freedom of Information and Protection
of Privacy Act (FOIPOP), the School Act, or the Youth
Criminal Justice Act. This is
not correct. Members are
entitled to know the nature and the extent of any risk of violence to
which they are exposed. The Acts and OH&SR work in concert
with the other legislation or parallel to it.
Section 25 of
FOIPOP provides that whether or not a request for access has been
made, the school board must, without delay, disclose to the public, to
an affected group of people, or to an applicant, information about a
risk of significant harm to the environment or to the health and safety
of the public or a group of people or when disclosure is for any other
reason clearly in the public interest. Note that prior to releasing the
information, the school board, if practicable, must notify the party to
whom the information pertains and the Privacy Commissioner. Anyone who
receives information under this section is bound by the same privacy
laws. Additionally, Section 22(4) states that a disclosure of personal
information is not an unreasonable invasion of a third person's privacy
if there are compelling circumstances affecting anyone's health and
provisions under the School Act are superseded by the provisions
of FOIPOP. Section 125 of the Youth Criminal Justice Act
allows the disclosure of information in court records and police records
if the disclosure is necessary to ensure the safety of staff, students
or other persons. Such information must be kept separate from other
records of the student, must not be accessible to any person for whom
the disclosure is not necessary, and must be destroyed when it is no
longer needed for the purpose for which it is disclosed.
There is no
barrier to providing members with information that a particular student
poses a safety risk. In fact, there is a duty for a school board with
information about a student who poses a risk of violence to members to
disclose the identity of the student, as well as the nature and extent
of the risk of violence.
Members who are
being denied information should involve a WorkSafeBC officer or file and
application under FOIPOP for the information after seeking the advice of
Compensation if injured?
If you suffer an occupational injury, report it immediately to
your supervisor, usually the vice-principal in charge of health and
safety, by completing a WorkSafeBC Form 6A: "WORKER'S REPORT OF
INJURY OR OCCUPATIONAL DISEASE TO EMPLOYER". The
injury should also be reported to the site-based
Occupational First Aid Attendant prior to leaving the
workplace. The first aid book should be completed by
the First attendant as per OH&S regulation 3.19.
If an initial injury
is not immediately reported to WorkSafeBC, the employee will
lose entitlement to WCB coverage.
The forms are available at the
school or can be downloaded from
http://www.worksafebc.com/forms/default.asp?showTab=workers#workers. On both pages of the Form 6A write the
following: â€œThe worker requests a copy of the employerâ€™s report be
sent to the Workersâ€™ Compensation Board.â€� This note is necessary
because many school boards, including the VSB, do not forward accident
reports unless the employee takes time off work as a result of the
accident. You should also make a copy of the Form 6A and forward it to
the VSTA office and keep a copy for yourself. If the VSTA is not aware
of the injury report, we cannot effectively advocate on your behalf if
that becomes necessary.
must also complete the WorkSafeBC Form 6: APPLICATION FOR COMPENSATION
AND REPORT OF INJURY OR OCCUPATIONAL DISEASE". Form 6 can be completed
online through Teleclaim (see below).
WorkSafeBC - Teleclaim
8:00 a.m. to 4:00 p.m., Monday to
1 888 WORKERS, 1 888 967 5377
or #5377 Telus (Rogers & Bell Mobility)
WorkSafeBC has a new claim process (Teleclaim) designed to
improve service for workers and employers. The Federation is advising
members to use the service, if possible.
service is now available in all areas of the province.
The Teleclaim process
is designed to replace Form 6,
which is a worker's application for compensation when a worker is
injured and requires time off work beyond the date of injury.
of the Teleclaim system is designed to expedite â€œaction
requests.â€� This cuts the amount of time considerably compared to
receiving the form and mailing it back using regular mail.
telephone interview takes up to an hour and the office hours are from
8:00 a.m. to
4:00 p.m. In many instances, if you are home
from work, you would have the opportunity to take that hour to make the
report. In other situations, such as hospitalization, it would not be
of Teleclaim to report an injury does not replace the Form 6A:
â€�WORKERâ€™S REPORT OF INJURY OR OCCUPATIONAL DISEASE TO EMPLOYER.â€� A
teacher is still obliged to complete this form and give it to an
employer representative. This form is available online at
You must complete Form 6 and 6A.
of the Teleclaim system avoids claim suppression on the part of
employers. Some employers still allow a Form 6A report to sit on the
side of a desk and not deal with it. Law states that an employer must
submit a Form 7 â€œEMPLOYERS REPORT OF INJURY TO WCBâ€� within 72 hours. In
the event that this does not happen, the Teleclaim process alerts
WorkSafeBC to the incident immediately.
For a graphic description of how WCB
claims are filed for BCTF members,