Yukon Workers' Compensation Health and Safety Board

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Policies

Policy EA-10 - Transfer of Employer Experience Account

Effective Dates

January 1, 2016 and still in effect

Series

Employer Assessments

General Information

Under sections 80 and 82 of the Workers’ Compensation Act (the "Act"), employers who commence, recommence or cease business are required to notify Yukon Workers’ Compensation Health and Safety Board (YWCHSB) within 10 days.

When an employer reorganizes, restructures or undergoes a change in ownership, YWCHSB determines, with due consideration to equity and fairness, whether to transfer, blend or close the employer’s experience account(s).

Purpose

This policy is intended to ensure equitable treatment of employers, by providing a check against an employer altering ownership or restructuring in an attempt to remove itself from an adverse experience account or avoid super-assessment. Such an approach is unfair to employers in that industry class who would absorb these costs of the adverse experience account under the principle of collective liability. If an employer chooses to restructure, it will not alleviate its experience account in the context of super-assessment.

Alternatively, where an employer's positive safety practices have resulted in a favourable experience account, the experience account will be continued, where the criteria for transfer of an experience account are satisfactorily met.

This policy enables YWCHSB to determine the relationship between the previous and successor owners of a business and allows YWCHSB to blend experience accounts for two related employers in determining total experience.