Third

Session, 48th General Assembly

Elizabeth II, 2018

BILL 35

A N ACT TO AMEND THE WORKPLACE

HEALTH, SAFETY AND COMPENSATION ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE SHERRY

GAMBIN-WALSH

Minister

Responsible for Workplace NL

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Workplace Health, Safety and Compensation Act

to include presumptive post-traumatic stress disorder coverage for workers.

A BILL

AN ACT TO AMEND THE WORKPLACE HEALTH,

SAFETY AND COMPENSATION ACT

Analysis

S.2 Amdt.

Definitions

Part VII.2 Added

PRESUMPTION RESPECTING POST-TRAUMATIC STRESS DISORDER

92.6 Post-traumatic stress

disorder presumption

92.7 Application

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cW-11

as amended

1. Paragraph 2(1)(

o) of the Workplace Health, Safety and Compensation Act is repealed and the

following substituted:

(o) "injury" means

(

i) an injury as a result of a chance event

occasioned by a physical or natural cause,

(ii) an injury as a result of a wilful and intentional

act, not being the act of the worker,

(iii) disablement,

(iv) industrial disease, or

(

v) death as a result of an injury

arising out of and in the course of

employment and includes a recurrence of an injury and an aggravation of a

pre-existing condition but does not include stress other than stress that is a

reaction to a traumatic event or events;

2. The Act is

amended by adding immediately after

section 92.5 the following:

PART VII.2

PRESUMPTION RESPECTING POST-TRAUMATIC STRESS DISORDER

Post-traumatic

stress disorder presumption

92.6

(1) In

this Part,

(a) "post-traumatic stress disorder"

means post-traumatic stress disorder as described in the most recent edition of

the Diagnostic and Statistical Manual of Mental Disorders published by the

American Psychiatric Association;

(b) "psychiatrist" means a medical

doctor who

(

i) has completed a residency in psychiatry,

(ii) has been certified by the Royal College of

Physicians and Surgeons of Canada,

(iii) is registered with the licensing board in the

jurisdiction in which he or she practices, and

(iv) whose registration is not suspended, cancelled

or withdrawn; and

(c) "registered psychologist" means a

person who

(

i) holds a master's or doctorate degree in

psychology,

(ii) is registered with the licensing board in the

jurisdiction in which he or she practices, and

(iii) whose registration is not suspended, cancelled

or withdrawn.

(2) Where a worker

(

a) is exposed to a traumatic event or events in the

course of the worker's employment; and

(

b) is diagnosed with post-traumatic stress disorder

by a psychiatrist or a registered psychologist,

the post-traumatic stress disorder shall

be presumed, unless the contrary is shown, to be an injury that arose out of

and in the course of the worker's employment.

(3) Notwithstanding subsection (2), post-traumatic

stress disorder that may be the result of an employer's decision or action relating

to the employment of a worker including a decision to change the work to be

performed or the working conditions, to discipline the worker or to terminate the

worker's employment does not constitute an injury.

Application

92.7 The

presumption in

section 92.6 applies to injuries occurring on or after July 1,

Commencement

3. This Act comes into force on July 1, 2019.

Queen's Printer