Roles, Rights, and Responsibilities

Creating a healthy and safe workplace is a shared responsibility. Physicians, medical office staff, nurses, allied health professionals, supervisors, and other workers all have a legal responsibility and an important role in keeping the clinic safe.

By working together and using these tools and resources, you can help prevent injuries, reduce risks, and create a safe and healthy workplace for staff and patients.

DEFINITIONS

Employer
An employer includes anyone who hires, apprentices, or contracts a person to work, whether the agreement is written, oral, or implied.

Supervisor
A supervisor is a person who instructs, directs, and controls workers in the performance of their duties. A person does not have to have the job title of supervisor to be considered a supervisor.

Supervisors, including physicians and office managers, must ensure the health and safety of all staff under their direct supervision.

Worker
A worker can include medical office staff, clinic managers, physicians, nurses, residents, students, learners not under a contract of service or apprenticeship, and other clinicians, such as Primary Care Network allied health staff.

Employers Responsibilities

Employers have a legal responsibility to ensure the health and safety of all staff and contractors in the clinic.

Employers must:

  • Assess the risk of any known or reasonably foreseeable hazards in the workplace, implement control measures to reduce the risk of harm to employees, and communicate this information to workers.
  • Insist workers who appear to be impaired by fatigue or another condition leave the workplace.
  • Ensure workers understand their rights and comply with their duties under the Workers Compensation Act (WCA) and the Occupational Health and Safety (OHS) Regulation.
  • Comply with provincial laws and regulations, and any applicable orders issued by WorkSafeBC.
  • Cooperate with WorkSafeBC, its safety officers, and any other person carrying out a duty
    under the OHS provisions or the regulations.
  • Provide protective equipment, devices, and clothing as required by regulation, and ensure these are kept in good condition, replaced as needed, and used by workers.
  • Make a copy of the WCA and OHS regulations readily available for review by staff and post a notice advising how to access this copy.

Employers must establish workplace health and safety policies and programs in accordance with regulations and:

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  • Provide workers with the information, instruction, training, and supervision necessary to ensure the health and safety of those workers in carrying out their duties, and to ensure the health and safety of other workers at the clinic.
  • Consult and cooperate with the Joint Occupational Health and Safety Committee (JOHSC) or the worker health and safety representative.
  • Review written policies and procedures regularly.

Understand the Right to Refuse Work Process

When workers refuse work they think is unsafe, employers must follow the steps set out in OHS Regulation Section 3.12 to investigate the work refusal and ensure that any unsafe conditions are remedied. The following flow chart can guide you through the process.

Right to Refuse Unsafe Work Flow Chart


Review Stay-at-Work/Return-to-Work Employer Responsibilities

All other elements of your program should be reviewed as needed, such as after a significant change to clinic operations (e.g., a move, renovation, change in procedure, or near miss/injury).

  • Get the employee medical attention. Provide first aid, arrange transportation to a hospital, or call 9-1-1 if necessary.
  • Report the injury to WorkSafeBC within 3 days.*
  • Help the worker return to work safely and as early as possible after an injury. Develop a return-to-work plan.

Employers with more than 20 workers must also maintain the injured employee’s job for up to 2 years during recovery, if the employee worked there continuously for at least 1 year before the injury.

*Find more information in the Reporting to WorkSafeBC module.

Return-to-Work Plan considerations:

  • Stay in contact with the injured employee. Ask how you can support them and, when appropriate, ask about their functional abilities and what work they can do. Do not ask about diagnosis, prognosis, or treatment details, as this information is private.
  • Support the employee with a return-to-work plan while they recover. Start return-to-work discussions as soon as appropriate, even before WorkSafeBC accepts the claim.
  • Develop the return-to-work plan together. The employee identifies what they can safely do, and the employer identifies suitable duties within those abilities.
  • The plan may include modified duties, adjusted hours, or alternate work. All work must be suitable for the injured employee, which means safe, productive, and meaningful.
  • For simple cases, return-to-work plans can start without input from a health care provider and can be agreed to verbally.
  • For more complex cases, you may ask the worker to bring a Functional Abilities Assessment Form to their health care provider to provide you with information on which duties may be suitable for them as they recover. Having a written return-to-work plan may also be helpful.

Return-to-Work Plan Template (WorkSafeBC)


Supervisor Responsibilities

To ensure the health and safety of all staff under their direct supervision, supervisors, including physicians and office managers, must:

  • Be knowledgeable about applicable OHS provisions and regulations.
  • Comply with OHS provisions, regulations, and any applicable WorkSafeBC orders.
  • Insist workers who appear to be impaired by fatigue or another condition leave the workplace.

Supervisors must ensure staff:

  • Are aware of all known or reasonably foreseeable health or safety hazards in the area where they work.
  • Comply with OHS provisions, regulations, and any applicable orders.
  • Consult and cooperate with the JOHSC or the worker health and safety representative for the workplace.
  • Cooperate with the WorkSafeBC Board, safety officers of the Board, and any other person carrying out a duty under OHS provisions or regulations.

Worker Responsibilities

All clinic workers, including medical office staff, clinic managers, physicians, nurses, residents, students, learners not under a contract of service or apprenticeship, and other clinicians, such as Primary Care Network allied health staff, must:

  • Take reasonable care to protect their own health and safety, and the health and safety of other people who may be affected by their acts or omissions at work.
  • Comply with OHS provisions, regulations, and any applicable WorkSafeBC orders.
  • Carry out their work in accordance with established safe work procedures as required by OHS provisions and regulations.
  • Use or wear protective equipment, devices, and clothing as required.
  • Not engage in horseplay or similar conduct that may endanger the worker or any other person.
  • Ensure that their ability to work without risk to their own health or safety, or to the health or safety of any other person, is not impaired by alcohol, drugs, or other causes.
  • Cooperate with the JOHSC or the worker health and safety representative, where applicable, for the clinic.
  • Cooperate with the WorkSafeBC Board, safety officers of the Board, and any other person carrying out a duty under OHS provisions or regulations.
  • Report to the supervisor or employer:
    • Any contravention of OHS provisions, regulations, or an applicable order of which the worker is aware.
    • The absence of or defect in any protective equipment, device or clothing, or the existence of any other hazard that the worker considers is likely to endanger them or any other person.
    • Situations where a worker suspects another worker is impaired while at work.

Review Stay-at-Work/Return-to-Work Worker Responsibilities

If a worker is injured or gets ill at work, workers must:

  • Report the injury to the employer and to WorkSafeBC as soon as possible.
  • Cooperate with their employer to return to work safely and as early as possible after an injury.

To cooperate with a return-to-work plan, the worker must:

  • Contact the employer as soon as practicable after the injury.
  • Communicate and stay in contact with the employer to support recovery and return-to-work planning.
  • Collaborate with the employer to identify suitable duties for the return-to-work plan.
  • Provide information about their functional abilities so that the work offered is safe and appropriate after the injury.
  • Accept suitable work offered by the employer if consistent with the worker’s functional abilities.

Multiple-Employer Clinic

When multiple employers share a workplace, the clinic owner is considered the prime contractor and is responsible for coordinating health and safety, unless otherwise stated in a written agreement with one of the employers/contractors in the workplace. The clinic owner is the person or corporation who owns or rents the workspace.

The prime contractor of a multiple-employer workplace must:

  • Coordinate the activities of employers, workers, and other persons at the workplace related to occupational health and safety.
  • Establish and maintain, as far as reasonably practicable, a system or process to ensure compliance with health and safety requirements. The system may include all the health and safety topics covered on the Community Physician Health and Safety (CPHS) website.
  • Know who each employer has designated to supervise their own workers at the workplace.

What does that really mean? It means the prime contractor must:

  • Have systems in place to ensure two-way communication with other employers in the workplace (subcontractors or co-occupants). These systems should address how the prime contractor will:
    • Receive up-to-date information from each employer in the workplace about who is designated to supervise their workers and who is responsible for that employer’s health and safety activities.
    • Coordinate safety among the other employers in the workplace and ensure compliance with health and safety requirements. This could include setting meetings with these other employers, or other means of communication.
    • Ensure subcontractors and co-occupants will notify the prime contractor in advance of any undertaking likely to create a hazard for any worker in the clinic.
    • Communicate any known hazards to the affected workers.
  • Establish an emergency response plan and communicate it to all workers.
  • Maintain accurate records of each employer’s safety-related activities to demonstrate due diligence and compliance with OHS regulations. This can include, but is not limited to, keeping meeting minutes, copies of risk assessments, inspections, and incident investigation reports.

Contractor Management

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When hiring a contractor (i.e., cleaners, maintenance workers), obtain a clearance letter from WorkSafeBC, addressed to the clinic, confirming that the contractor is “active and in good standing” for the entire period of your contract.

A clearance letter confirms a business is registered with WorkSafeBC and is paying its premiums. If you hire a contractor who is not making required payments to WorkSafeBC, the clinic could be liable for insurance premiums related to the work or service they provided to the clinic.

Keep in mind: contracted physicians may be considered clinic workers. WorkSafeBC states that a contractor is likely to be considered your worker, not a contractor, if they provide only labour, if they supply labour and minor materials, or if they work regular hours for you on an ongoing basis.