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WorkSafeBC

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Administrative penalties

When an inspecting officer initiates an administrative penalty, the Compliance section ensures that an administrative penalty is supported by the evidence, policy, and legislation. A letter is sent to an employer advising that Regional Services has proposed a penalty. The employer will have an opportunity to comment and present any mitigating factors. If a penalty is imposed, the collection of the penalty is turned over to the Assessment Department.

Disputing an administrative penalty
The employer may request a review of an administrative penalty within 90 days of the order being made. As part of its review, the Review Division may hold an oral hearing and subpoena witnesses.

Decisions of the Review Division regarding administrative penalties may be appealed to the Workers' Compensation Appeal Tribunal within 30 days. The appeal tribunal may confirm, vary or cancel the order.

Employers disputing a proposed penalty can be assisted in the process, usually by Employers' Advisers, a lawyer, or other advocates.

Administrative penalty resources

11 Deadly Sins
Administrative Penalties - High Risk Violations
Policy Item D12-196-2

The 11 deadly sins listed in Policy Item D12-196-2 Administrative Penalties - High Risk Violations are assumed to be high risk in the absence of evidence showing the contrary.

Administrative Penalties - Criteria for Imposing
Policy Item D12-196-1
The main purpose of administrative penalties and similar levies is to motivate the employer receiving the penalty and other employers to comply with the Act and regulations.

WorkSafeBC will consider imposing an administrative penalty when:

  • An employer is found to have committed a violation resulting in high risk of serious injury, serious illness or death;
  • An employer is found in violation of the same section of Part 3 or the regulations on more than one occasion;
  • An employer is found in violation of different sections of Part 3 or the regulations on more than one occasion, where the number of violations indicates a general lack of commitment to compliance;
  • An employer has failed to comply with a previous order within a reasonable time;
  • An employer knowingly or with reckless disregard violates one or more sections of Part 3 or the regulations. Reckless disregard includes where a violation results from ignorance of the Act or regulations due to a refusal to read them or take other steps to find out an employer's obligations; or
  • WorkSafeBC considers that the circumstances may warrant an administrative penalty.

If violations or other circumstances requiring consideration of a penalty have occurred, the following additional factors will also be considered in deciding whether to propose or to levy the penalty:

  • Whether the employer has an effective, overall program for complying with the Act and the regulations;
  • Whether the employer has otherwise exercised due diligence to prevent the failure, non-compliance or conditions to which the penalty relates;
  • Whether the violations or other circumstances have resulted from the independent action of workers who have been properly instructed, trained and supervised;
  • The potential seriousness of the injury or illness that might have occurred, the number of people who might have been at risk and the likelihood of the injury or illness occurring;
  • The past compliance history of the employer, including the nature, number and frequency of violations, and the occurrence of repeat violations;
  • The extent to which the employer was aware or should have been aware of the hazard or that the Act or regulations were being violated;
  • The need to provide an incentive for the employer to comply;
  • Whether an alternative means of enforcing the regulations would be more effective; and
  • Other relevant circumstances.

Administrative Penalties - Due Diligence
Policy Item D12-196-10
WorkSafeBC will consider that the employer exercised due diligence if the evidence shows on a balance of probabilities that the employer took all reasonable care. This involves consideration of what a reasonable person would have done in the circumstances. Due diligence will be found if the employer reasonably believed in a mistaken set of facts which, if true, would render the act or omission innocent, or if the employer took all reasonable steps to avoid the particular event.

In determining whether the employer exercised due diligence under section 196(3), all the circumstances of the case must be considered.