Today in the legislature we also debated at second reading Bill 18, Workers Compensation Amendment Act. This bill aims to expand the presumptive conditions that currently exist under the act to wildfire and indigenous firefighters and to fire investigators by broadening the definition of firefighter. Previously, these workers were not able to claim presumptive causes for illnesses (cancer, heart disease, mental health disorders associated with their work). A presumption under the act provides that, if a worker has been employed in certain occupations and develops a disease or disorder that is recognized as being associated with that occupation, then the condition is presumed to have been due to the nature of their work, unless the contrary is proved. With a presumptive condition, there is no longer a need to prove that a claimant’s diagnosis is work-related.

I took the opportunity at second reading to talk about what is not in the act. In particular, I argued that the presumptive clause for mental disorders needs to be extended to other workers in British Columbia. While two weeks ago the government extended the presumptive clause to include 911 dispatchers, nurses and some health care workers (an issue that I have been pestering government about in numerous meetings and in Question Period on May 31, 2018 and on October 25, 2018), I firmly believe we need to follow the lead of Saskatchewan and Alberta and extend it to all workers.

Below I reproduce the text and video of my second reading speech.

Video of Speech

Text of Speech

A. Weaver: It gives me great pleasure to rise and speak in support of Bill 18, Workers Compensation Amendment Act. While this bill is relatively without controversy, the lead-up to the implementation of the bill is not. I’ll come to that in a minute.

The bill before us expands presumptive conditions for forest fire fighters, Indigenous firefighters and fire inspectors, allowing them to more easily claim coverage for work-related illnesses like cancer, heart disease and mental health disorders that, already, a traditional municipal firefighter would be eligible for.

This was really an oversight in definition. I understand the rationale for bringing forward the amendments that we’re discussing and debating today, and of course, I support those amendments. The groups were previously exempt from the ability to claim presumptive clause for the listed illnesses for no other reason than oversight, frankly. The bill expands coverage by changing the definition of “firefighter” to include a person whose main job is to investigate or to suppress fires. It puts some context into the bill.

Let’s go back to 2017. The member opposite from Chilliwack articulated the B.C. Liberal government added presumptions for breast cancer, prostate cancer and multiple myeloma as occupational diseases for firefighters. This was back in 2017. This added onto several other diseases that fell under presumptive clauses for firefighters. However, forest fire fighters were not included in the definition of “firefighter” and did not receive the presumption.

Now, one might suggest or say that in fact fires in, say, a city, where you might have a chemical plant or a Home Depot, might be slightly more dangerous than forest fires, which are just traditional wood, etc. However, a carcinogen is a carcinogen, and the forest fires in rural areas are going far beyond rural areas these days.

We only need talk about the citizens of some of our rural B.C. communities and what they’ve had to deal with — and sadly, I suspect this summer, as well, in light of the fact that the seasonal forecasts are for much above normal temperatures and drier than normal conditions in British Columbia, both of which are setting the stage for yet another forest fire season. Let’s hope not, but sadly, it looks that from the seasonal forecast.

In 2018, the NDP government introduced changes to the Workers Compensation Act that would designate PTSD and certain other mental disorders as presumptive conditions that are linked to specific kinds of jobs. The changes applied to firefighters, police officers, paramedics, sheriffs and correctional officers. It did not include forest fire fighters or, more importantly, nurses, dispatch operators, teachers and others. Let me say why that was unacceptable in my view.

We know that there are traditional jobs that are male-dominated jobs: police officers, firefighters — strong lobbyists who come here and meet with us year after year, and they’ve been very effective at lobbying. However, jobs like nursing, teaching, 911 responders — which traditionally or historically have larger numbers of females — have not had the same success in having their working conditions dealt with through changes in law. To me, that’s unconscionable in 2019 that we still consider professions that are predominantly male-dominated as preferential in terms of the offering of amendments or support in legislation than those that are traditionally female.

Unacceptable. In fact, I conveyed as much to the deputy minister of the minister’s file over the last several weeks, suggesting to him that we may not support this bill if the government did not fix the error from the previous bill. And they did. For that, I am very, very grateful. On April 16 of this year, an order-in-council was signed that extended the mental disorder presumptive clause to emergency response dispatchers, which means a worker whose duties include one or both of the following: dispatching ambulance services, firefighters or police officers, receiving emergency calls, etc. It also included health care assistant and including the term “nurse.”

Now, this is really important, because when we talk about workplace trauma, particularly with the issue of mental health disorders, I frankly see very little difference between a first responder who happens to be a nurse in pediatric intensive care watching a child go through the trauma that it’s going through, than, say, perhaps a police officer who sees the same thing in the street. These are traumas.

I go to the teaching profession, and I look at the number of teachers. I know we have very high dropouts in the first five years of teachers because of the overbearing stress that new teachers are put into, the conditions, where they’re not given the support. And if they don’t have support of administration, this can lead to mental health disorders. Even today, the teacher has to go forward and actually argue that it is caused by work as opposed to have it presumed to be caused by work, if they have the appropriate designation from a professional, and workers compensation could still do that.

You know, I understand the importance of this bill. I understand the importance of fixing the errors that were created, but we must not forget that the errors that were created are not just in the context of the historical context of the bill but are in the historical context of society more generally. We often fixate on errors in a piece of paper, but there are systemic errors in our society that we need to address. This bill, while going a small way to fixing the errors in the previous bill, and the order-in-council going a longer way to actually bring into the fold nurses, emergency responders, health care assistants…. I still think that in the province of British Columbia, we have an awful long way to go to ensure that labour laws, workers laws, employment standards, are actually the same for women and men.

They may be the same for women and men who are forest fire fighters. They may be the same for women and men who are police officers. But where they’re not the same is in historically male-dominated professions compared to female-dominated professions. That’s a problem, and that problem has yet to be addressed in its entirety here in the province of British Columbia.

In April 2019, the NDP government introduced legislation, this bill, that expands cancer, heart disease and mental disorder presumptions to include wildfire and Indigenous firefighters as well as fire investigators who deal with the aftermath of often traumatic fire. I have no problem with the extension there. I have no problem with the correction of the error that occurred in the previous bill. Through regulation, as I said, nurses, emergency dispatchers and health care assistants were added. That’s also to be lauded, but as I said, there’s been no change or movement towards changes in teachers.

Social workers are yet another example of a profession that historically has been dominated by women, so we don’t have the squeaky wheels coming into the Legislature, lobbying us daily and so nothing gets done. But as legislators, it behooves us to think beyond what is lobbied and think about broader societal change that needs to occur.

I’ve said in the past that what’s wrong with this legislation is we’re not talking about teachers in this province, teachers who work in environments of bullying and harassment with unsupportive administrators, who struggle and take leave but are not covered by the WCB because they have to prove that their mental illness or disorder directly came from their workplace. Imagine that, working in an environment, an abusive environment, one where going to work each day requires you to build up the courage to get out of bed., to show your face in that class knowing that you have no support from your administrators, knowing that you have children who you’re seeing in conditions that you cannot control. You know what they’re going through when they go home. You know they may be coming from an abusive family. You know you have a duty to respond. But you know you feel frustrated by an inability to actually get a solution there.

That can lead to stress. That can lead to systemic stress that can lead to mental disorders. Now you have to start to recant this and prove it. It’s devastating for people. I hope that we can move forward as we go on.

Again, last October, this is what I said: “While I’m pleased that B.C. is extending protection for some workers, I’m concerned that others who suffer mental disorders on the job are being left out. In particular, I’m profoundly troubled that professions such as teaching and social work, professions that employ disproportionate numbers of women compared to men, are being left out.”

I’d suggest that, perhaps, a number of us in this Legislature should actually think a little beyond the immediate and start thinking about gender-based analysis with some of the legislation we’re bringing forward. Is the legislation we’re bringing forward to deal with this problem really creating other problems because it’s not dealing with systemic other issues, or is it just dealing with this one here? I think there’s some work that needs to be done.

There’s absolutely no question, as I said, in my mind that we need to have presumptive clauses in place for police, firefighters, correction officers and sheriffs. But there’s also no question in my mind that we need to include more workers. We need to include teachers. I’ve said it probably three or four times. Social workers. Even on construction sites, the Speaker, you yourself — or was it the minister? One of you two were on a construction site. Was it construction site union leader? One of you two. I’m not sure. Perhaps it was the Speaker or perhaps….

Can you imagine if you’re on a construction site and you’re a crane operator. The crane falls over, and it’s your best friend. That crane operator falls over, and you’re the first responder there on the ground to scrape the person out of the crane cabin on the ground. Now you have to prove if you have PTSD from that result. You have to prove that that’s a direct consequence of your accident, as opposed to being presumed that it would be coming from that accident. I don’t see much difference there.

During the debate on the Workers Compensation Act last year, I moved to grant the presumptive clause for work to all workers. I actually didn’t get a chance to move the amendment because games were being played by members of the official opposition who, despite an agreement before lunch that they still had further questions to go, decided not to ask any questions after lunch and so shut down debate, which I thought was quite deplorable at the time. I still do. I would hope that we wouldn’t stoop to such levels as we move forward.

I like to think that we could at least bring ourselves to the standards already in place in Alberta or in Saskatchewan. These are provinces where all employees are covered. It’s likely that had my amendment gone forward, it would have been ruled out of order. Nevertheless, the point of doing it was trying to raise it to debate. Why is it we are picking winners and losers in society? Why don’t we recognize that mental illness is an issue that recanting and trying to prove, on the work-related side, that it’s because of your work can actually be a very troubling process to go through.

We know the WCB, the Workers Compensation Board, can, at any time, challenge anything that is brought forward, but at least the presumption clause is there. In fact, by actually requiring a presumptive clause for all workers, the premium that is based on your claims will ensure that bad-apple employers get their act together to start dealing with some of these issues, particularly in office work, where systemic bullying and harassment can lead to stress, anxiety, mental illness and mental disorders that are not dealt with by the institutions because they’re afraid to create waste. If they start seeing their WCB premiums go up, oh, boy, they’ll have to start dealing with it.

In 2018, the government did not include 911 dispatchers in their Workers Compensation Act. Again, I pleaded with the Minister of Labour, both in question period as well as in the third reading of the bill — the previous Workers Compensation Amendment Act — that they actually be included. I am pleased to see that they have been, through order-in-council.

I read a compelling testimony about a nurse who no longer practised because she couldn’t after the horror she experienced — she was in the audience there as I read her story — being a front-line nurse. Again, a traditional woman’s occupation that we have now included through order-in-council. But surely, as a province that claims to have progressive leadership, we should be taking a card from Alberta. Can you imagine thinking of Alberta as the progressive? Or Saskatchewan? These are the progressive examples of labour presumptive clauses that we’re seeking to bring to B.C. Saskatchewan and Alberta, for heaven’s sake. Surely, progressive government here in B.C. could extend the presumptive clause beyond what it is now.

While, obviously, my second reading remarks have extended more broadly beyond the actual content of this bill which I speak in support of, I think it’s important to caveat our support in the broader context that we still have a lot of work to do. While this bill is a very fine step in the right direction for those workers it is affecting, there are so many other workers in our economy, so many others that I believe should be considered through an extension of those professions included.

I have no intention of not continuing for it. I intend to continue advocating for those workers to be treated with the same fairness as we treat our firefighters and our police officers. I agree that we need to look after the well-being of our firefighters and our police officers, but we also need to look after the well-being of our teachers, our social workers, our nurses — which we are, to some extent —  and so many other professions that often go unrecognized because they’re not squeaky wheels. They’re not here en masse lobbying us, because they’re not organized. I think that’s a shame.

I and my colleagues, I’ll note in conclusion, will be supporting this legislation, clearly. We’ll continue to advocate, hoping we’ll extent the presumptive clause, moving forward, to other professions