Protection from Workplace Injury Act (663)
From The Kodiak Republic Wiki
PASSED by the General Assembly on 28 February 663. 10 AYE, 4 NAY, 3 ABSTAIN.
An act to establish appropriate workers' compensation legislation to provide for those injured by workplace accidents or incidents.
Article One: Definitions
- 1.1 A "workplace" shall be defined as any location on which work is being performed.
- 1.2 A "workplace injury" is any injury, physical harm, mental harm, or any other health issue caused by workplace conditions or the work itself, excluding long-term physical issues caused by the nature of the work.
Article Two: Workplace Safety
- 2.1 Any workplace must be reasonably safe from workplace injuries for the type of work being performed. Any workplace must have one individual responsible for the creation and maintenance of a safe work environment.
- 2.1.1 Any employer who does not actively confirm the safe status of the workplace will be held liable for endangering their employees.
- 2.2 In workplaces that are inherently unsafe, workers must be provided with adequate equipment and reasonable provisions to mitigate inherent or intrinsic risk.
- 2.3 Any employer must provide adequate rest, meal time, and hydration for every employee.
- 2.4 Any employer must provide adequate safety training, safety gear, and employee training for every employee.
Article Three: Workplace Injuries and Employer Responsibility
- 3.1 In the case that a worker suffers a workplace injury, the employer must provide adequate recovery time.
- 3.1.1 It shall be unlawful for an employer to terminate any employee on the grounds of a workplace injury and the subsequent necessary recovery time.
- 3.1.2 The employer may not require the employee to expend any vacation, sick, or unpaid time-off during their recovery time.
- 3.1.3 The employer must provide at least 50% of the employee's base pay during the recovery time.
- 3.2 Any employer that maintains more than a single employee must provide worker's compensation insurance for each of their employees.
- 3.2.1 Worker's compensation insurance will provide adequate funds to pay, in their entire, any associated costs of the employee's recovery, including, but not limited to, hospital costs, doctor's fees, medication costs, and at-home care costs.
- 3.2.2 Worker's compensation insurance will provide the employee with compensation for permanent, life-altering, or long-term injuries, according to the severity of injuries.
- 3.2.3 Worker's compensation will provide the employee with 85% of their base pay for the entirety of the employee's recovery time.
- 3.2.4 Employers may require employee contribution to their worker's compensation insurance costs. These contributions may not account for more than 3% of the post-tax pay of the employee.
- 3.2.5 Any employer, regardless of the total number of employees, may participate in a worker's compensation insurance plan.
- 3.2.6 Any employer who participates in the worker's compensation insurance plan will receive a tax benefit for that portion of their budget which is actually spent for the provision of worker's compensation insurance.
Article Four: Worker's Compensation and Workplace Safety Administration
- 4.1 The Worker's Compensation and Workplace Safety Administration (WCWSA) shall be established under the provision of the Ministry of Health. The Ministry of Health will have the discretion to place the WCWSA under any other administrative division of the Ministry of Health.
- 4.1.1 The Worker's Compensation and Workplace Safety Administration shall be tasked with the enforcement of all pertinent regulations concerning worker's compensation and workplace safety in the Serene Republic of Kodiak. The WCWSA shall be empowered to levy fines, enforce compliance, revoke licenses, and use any other legal authority to ensure the enforcement of these regulations and any other regulations passed by legal authority.
- 4.1.2 The WCWSA shall be empowered to create and enforce regulations surrounding the provisions of workplace safety, including, but not limited to, the definition of a safe workplace, the definition of adequate safety gear, the definition of workplace guidelines, and the definition of adequate recovery time for injured employees.
- 4.2 The Worker's Compensation and Workplace Safety Administration will be granted 25 million florins per quarter. Any and all fines collected by the WCWSA for the violation of regulations and applicable laws will be reserved for the sole use of the WCWSA.
Tabled by Braughn Kryos, MGA