The Nova Scotia government has introduced the “Stronger Workplaces for Nova Scotia Act,” aimed at modernizing worker protection laws to enhance the health, safety, and job security of employees.
The legislation, unveiled on September 5, brings significant changes to the Workers’ Compensation Act, the Occupational Health and Safety Act, and the Labour Standards Code. One key feature is the introduction of a new return-to-work process, which aims to reduce the time injured workers are off by improving communication and accountability among workers, employers, and the Workers’ Compensation Board (WCB).
Improved Return-to-Work Process
“The Workers’ Compensation Board review committee determined that long claims durations have the highest impact on the costs of the system, and the new return-to-work legislation will improve communication, accountability, and the timeliness of interactions among all parties involved,” said Scott Nauss, Senior Executive Director of safety for the Department of Labour, Skills and Immigration. “Injured workers, employers, and the Workers’ Compensation Board will now collaborate earlier in the process, from the moment a worker is injured until they can return to work safely.”
This approach will ensure that injured workers, employers, and the WCB have the necessary information to support a consistent, safe, and timely return to work, including making accommodations when needed. Nauss emphasized that penalties will apply to those not complying with the new requirements, reinforcing the importance of the process. By enabling a timely return to meaningful work, workers will avoid extended financial and psychological impacts, while workplaces will benefit from safer, more productive environments and lower injury-related costs.
Expanded Workers’ Compensation System Reviews
In addition to the return-to-work reforms, the legislation mandates five-year reviews of the workers’ compensation system. These reviews could address system sustainability, the financial performance impacting both worker benefits and employer rates, and any necessary legislative or regulatory updates.
“The areas for review could include sustainability, financial performance, and the contributions of all organizations within the Workplace Safety Insurance System,” said Nauss. “Hearing from Nova Scotians regularly will help make the system more efficient and effective.”
Addressing Workplace Harassment
The amendments also include enhanced protections against workplace harassment, with a focus on psychological health. “These changes emphasize that a safe workplace is one free from both physical hazards and psychological harm,” said Nauss. Employers will be required to develop policies that prevent harassment, reinforcing that respectful, harassment-free workplaces are essential for long-term productivity and retention.
Labour Standards Code Adjustments
The Act introduces new protections under the Labour Standards Code, significantly expanding unpaid sick leave. Starting January 1, 2025, employees will have access to five unpaid sick days for general illness in addition to the three days currently available for medical appointments and family illness. The legislation also creates a 27-week unpaid leave for employees dealing with serious illness or injury, aligning with federal Employment Insurance (EI) sickness benefits.
Cynthia Yazbek, Senior Executive Director of Labour Services for the Department of Labour, Skills, and Immigration, explained the importance of these changes: “The new leave provisions ensure that employees do not have to choose between their health and job security. The serious illness or injury leave aligns Nova Scotia with recent federal changes to EI benefits, and we’re proud to be the first province to adopt these measures.”
Benefits for Workers and Employers
Yazbek noted that the 27-week unpaid leave will provide job protection during the one-week EI waiting period and the 26-week EI sickness benefit. “This leave allows employees to focus on their recovery without worrying about their job security,” she said. Additionally, by allowing intermittent or continuous leave, the legislation provides flexibility for employees undergoing treatment or recovery from a serious illness or injury.
The broader benefits of the changes will mean healthier workplaces. “Supporting employees to stay home when they are sick can reduce the risk of spreading illness at work,” Yazbek added.
Ultimately, these legislative changes reflect a stronger commitment to worker safety, health, and well-being. As Nauss pointed out, “The benefits to Nova Scotians from these amendments are far-reaching, ensuring better recovery outcomes for workers while creating safer and more supportive workplaces.”
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