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WEDNESDAY, MAY 1, 1991
SEVERAL MEMBERS HAVE CALLED ON THE GOVERNMENT TO REQUIRE ALL BUSINESSES TO SET UP SAFETY COMMITTEES. THE GOVERNMENT'S POLICY HERE IS TO ENCOURAGE, NOT TO COMPEL. THE EXPERIENCE OF THE LABOUR DEPARTMENT SUGGESTS THAT SAFETY COMMITTEES TEND TO BE PRACTICABLE AND EFFECTIVE ONLY WHERE THE INDUSTRIAL UNDERTAKINGS INVOLVED EMPLOY LARGE NUMBERS OF WORKERS. MANY BUSINESSES, HOWEVER, EMPLOY FEWER THAN 50 WORKERS. IT WOULD NOT BE PRACTICABLE FOR THEM TO SET UP SAFETY COMMITTEES. THAT BEING SO, THE CASE FOR LEGISLATION OR PERHAPS SOME OTHER FORM OF COMPULSION IS NOT A COMPELLING ONE. WITH SMALL BUSINESSES THE IMPROVEMENT OF SAFETY DEPENDS MUCH MORE
ON EDUCATIVE PUBLICITY, COUPLED PERHAPS WITH QUICK, PRACTICAL CASH ASSISTANCE, SUCH AS THAT NOW PROVIDED BY THE OCCUPATIONAL SAFETY AND HEALTH COUNCIL AS AN INDUCEMENT TO WORKERS TO IMPROVE WORK PROCEDURES.
DISABILITY ASSESSMENT AND COMPENSATION
TURNING NOW TO DISABILITY ASSESSMENT AND COMPENSATION, THE GOVERNMENT'S POLICY IS TO ENSURE THAT EMPLOYEES ARE COMPENSATED BY THEIR EMPLOYERS FOR INJURIES SUSTAINED IN WORK, AND FOR OCCUPATIONAL DISEASES. THIS POLICY IS IMPLEMENTED BY THE LABOUR DEPARTMENT ON THE BASIS OF TWO STATUTES. THE EMPLOYEES' COMPENSATION ORDINANCE REQUIRES EMPLOYERS TO INSURE THEMSELVES AGAINST THEIR LIABILITY TO COMPENSATE THEIR EMPLOYEES FOR WORK INJURIES AND OCCUPATIONAL DISEASES. THE PNEUMOCONIOSIS (COMPENSATION) ORDINANCE PROVIDES FOR A SYSTEM OF ASSESSMENT AND COMPENSATION FOR WORKERS SUFFERING FROM THIS DISEASE.
UNDER THE EMPLOYEES' COMPENSATION ORDINANCE, DISABILITY OF A PERMANENT NATURE REQUIRES ASSESSMENT AND CERTIFICATION BY A BOARD CONSTITUTED UNDER THE ORDINANCE. IN STRAIGHT FORWARD CASES, WHERE THE INJURY IS EITHER SPECIFIED IN THE ORDINANCE OR THE DISABILITY CAN CLEARLY BE IDENTIFIED, AN ORDINARY ASSESSMENT BOARD IS CONVENED TO DETERMINE THE LOSS OF EARNING CAPACITY. WHERE THE ORDINARY ASSESSMENT BOARD FINDS THAT THE STANDARDS PRESCRIBED UNDER THE ORDINANCE DO NOT REFLECT ACCURATELY THE LOSS OF EARNING CAPACITY, IT MAY REFER THE CASE TO A SPECIAL ASSESSMENT BOARD. INJURED EMPLOYEES WHO ARE NOT SATISFIED WITH THE FINDINGS OF THE ASSESSMENT MAY ASK FOR A REVIEW. THOSE WHO ARE STILL NOT SATISFIED WITH THE RESULTS MAY TAKE THEIR CASE TO THE COURTS.
So, IT IS NOT TRUE THAT INJURED EMPLOYEES HAVE NO RECOURSE, THEY HAVE RECOURSE WITH THE FULL RANGE OF SEMI-JUDICIAL AND JUDICIAL AVENUES OF APPEAL.
THE ORDINANCE ALSO PRESCRIBES LEVELS OF COMPENSATION FOR PERMANENT DISABILITY, HAVING REGARD TO THE AGE OF THE EMPLOYEE, HIS BARNINGS AT THE TIME OF THE INJURY AND THE DEGREE OF HIS DISABILITY. THE LEVELS OF COMPENSATION ARE REVIEWED EVERY TWO YEARS, TAKING INTO ACCOUNT MOVEMENTS IN WAGES.
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