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Tuesday 27 May 2014

Blog Staffroom Confidential: BC Teachers: Liability & the Lockout

Here is part of a blog post, I encourage you to go read in its entirety. Regarding WCB coverage, I find the debate interesting as there are several cases pre-job action or lock-out, in which teachers were NOT covered by WCB for extra curricular activities.

Here is the start of Staffroom Confidential's blog post:

The war of words between the BCTF and the BC Government, heated up this week as the government denied that their lockout prevented teachers from organizing and participating in extra-curricular events and blamed the BCTF for warning its members of potential liability.

The Victoria Times Colonist reported this morning:

Education Minister Peter Fassbender said he was against any disruption of extracurricular and volunteer opportunities.
“I think that’s a shame,” he said. “As I said at the beginning, I am concerned because this is now affecting students and their parents and the communities. Teachers have a choice to participate in extracurricular activities as they have previously.”
While the union said teachers should wait until there is confirmation from WorkSafe B.C. that they are on solid ground with extracurricular activity during the partial lockout, Fassbender said WorkSafe B.C. coverage for teachers will not be compromised.
“Any teacher that is at any activity that is sanctioned by a school district is absolutely covered by WorkSafe. There is no question of that."
( - See more at: http://www.timescolonist.com/news/local/union-tells-teachers-to-stop-volunteering-cites-liability-concerns-1.1076148#sthash.BWAx6nAh.dpuf)

What are the facts we know?

The first claim, that teachers are covered by WCB (WorksafeBC), is almost certainly false. WCB has been issuing orders denying WCB coverage to teachers involved in extra-curricular activities for some time now. See, for example, this WCAT (the appeal body of the WCB) decision.

In it, the adjudicator determines that coverage is not provided because the activity was not "work" ....

Read More here

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