WorkSafeNB is committed to developing programs that incentivise employers to practice prevention and post-injury management, such as the Safety Achievement Financial Incentive System (SAFIS).
SAFIS is a retrospective experience rating program which further increases financial accountability for claim costs beyond WorkSafeNB’s primary experience rating system. For more details on WorkSafeNB’s primary experience rating system see Policy 23-605 Experience Rating System.
Under SAFIS, if actual costs are higher than expected based on premiums paid, the participant will be subject to a surcharge. If actual costs are lower than expected based on premiums paid, the participant will receive a refund.
Participation in this program is voluntary for employers meeting the entry conditions set out in this policy and who are most likely to be in a position to shoulder the responsibilities and risks of such a system.
This program does not suspend any provision of the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal (WCAT) Act, the Workers’ Compensation (WC) Act or the respecting those employers who elect to participate in SAFIS.
Entry conditions
1. To apply for participation in SAFIS, an employer first requests an information session from WorkSafeNB before July 31st of the year preceding the first year of participation. After attending the information session, and no later than October 1st, an authorized representative of the employer applies in writing confirming that the terms of this policy are acceptable.
2. Authorized representatives may include the president, chief executive officer, vice-president of finance or chief financial officer. Examples of other positions that may be considered on a case-by-case basis include a regional director for a large multi-national company, a city manager or chief administration officer for a municipality.
3. Applicants are required to meet all of the following conditions:
4. In cases where an applicant has more than one operation engaged in a similar business activity registered with WorkSafeNB, the experience of all operations will be combined, and the group will be treated as one participant under SAFIS.
5. WorkSafeNB will inform the applicant if their application meets the criteria prior to December 31st of the application year. Approval will be conditional on payment of any entry deficit described in sections 6-8.
Program entry deficit
6. WorkSafeNB’s assessment system is based primarily on cost experience over five years. As a result, assessment rates respond gradually to changes in experience. If an employer joins SAFIS as cost experience begins to improve, the higher assessment rates reflecting prior experience may result in SAFIS refunds, instead of being used to recover any shortfall in their contribution to the accident fund. Therefore, participants entering SAFIS are required to cover any deficit arising from the previous five years upon entry into the system.
7. The deficit is calculated by comparing actual costs to expected costs under SAFIS for the five accident years prior to entry. If actual costs exceed expected costs, the difference is due prior to admission into SAFIS.
8. When a deficit is owed, the five accident years on which any deficit is calculated upon are included in SAFIS.
Schedule of expected claim costs
9. The schedule of expected claim costs represents the expected claim costs corresponding to the assessment premiums paid by the participant. WorkSafeNB is solely responsible for determining expected claim costs.
10. The expected claim costs include an amount for the accident year, each of the seven following years, and a residual amount intended to cover the discounted value of all future claim costs beyond seven years.
11. The expected claim costs only include payments that are likely to be charged to the participant under the refund/surcharge process. They are derived from the assessment premiums paid by the participant, less the cost of administering the program, any charges for administration expenses, safety associations, and any other items normally shared by all assessed employers.
12. The pattern of expected costs is derived from the historical pattern observed for all assessed employers and assumes interest will be earned until expected disbursement using the valuation rate of interest.
13. The assessment premiums considered in developing the schedule of expected claim costs include the impact of experience rating in accordance with Policy 23-605 Experience Rating System, and any assessment premiums paid in respect of workers of sub-contractors considered to be workers of the principal under subsection 70(3) of the WC Act.
14. Any adjustments to prior year assessment premiums result in adjustments to expected costs for that accident year and may lead to adjustments to previous year’s SAFIS results.
15. Legislative or policy amendments that change the future benefits for past claims may have an impact on WorkSafeNB’s financial position. When this occurs, adjustments may be required to ensure that actual claim costs included in SAFIS are consistent with expected costs.
Refund and surcharge process
16. Participants may be eligible for refunds or responsible for surcharges.
17. At the end of the year of accident and at the end of each of the following seven years, actual claim costs are compared to expected claim costs, and a refund or surcharge is calculated as follows:
18. The cumulative total amount of claim costs, including the provision for anticipated future costs, taken into account for a particular accident year, is limited to two times the cumulative total expected claims costs.
19. SAFIS participants maintain a certain level of protection against larger claim costs through the application of a claim cost maximum. The maximum is applied on a cumulative basis such that participants with similar claim cost totals feel a similar impact on long-term results no matter the relative severity of the individual claims or the timing of payments.
20. At the end of the seventh year following the year of accident, the accident year is closed, and a refund or surcharge is calculated as follows:
21. In the event of a retroactive adjustment, such as a cost relief decision or a WCAT decision, the claim cost adjustment will be reflected in the year the decision was processed.
22. Beyond the end of the seventh year following the year of accident, additional claim costs and retroactive claim decisions have no impact on refunds or surcharges calculated under SAFIS. At the end of each calendar year, refunds and surcharges for all accident years are combined in order to determine the overall refund or overall surcharge for a participant.
23. Overall refunds are paid to the participant subject to additional security outlined in sections 26-30. The participant may request all or part of this amount be applied against future assessment premiums.
24. Overall surcharges, less funds made available under additional security sections 26-30, are to be paid by the participant within 30 days after the annual statement is issued. After 30 days, overdue interest will be charged as per Policy 21-040 Interest on Claim-related Benefits and Employer Accounts.
25. When a participant includes more than one employer, the participant chooses how to allocate overall refunds and surcharges among those employers.
Additional security
26. WorkSafeNB may set aside any portion of an overall refund into a SAFIS account for the participant for any reason, including but not limited to when the participant:
27. Upon the effective date of release 9, any amount accrued in the former rate stabilization account prior to processing the 2025 overall refunds and surcharges will be transferred to the SAFIS account and will become available under the conditions in this section.
28. When concerns have been addressed to WorkSafeNB`s satisfaction, a portion of the funds in the participant`s SAFIS account may be made available to cover an overall surcharge or be distributed to the participant. Funds may also be applied towards future assessment premiums.
29. WorkSafeNB applies simple interest at the quarterly rate of return on funds held in the participant`s SAFIS account. Any portion of an overall refund is considered deposited on the day the annual statement is issued. This rate of return is the quarterly rate of return on WorkSafeNB’s investment portfolio and may be positive or negative.
30. The SAFIS account is held in the company’s name and is considered a company asset. When a participant’s company is sold, the SAFIS account remains with the company and not former owners. Prior accident years continue to be covered under SAFIS. The new owner may terminate their ongoing participation as outlined in sections 31-34.
Program termination
31. If an employer is unwilling or unable to continue to participate in SAFIS for any reason, notice must be given in writing to WorkSafeNB by November 1st. Effective January 1st of the following year, no new accident years will be included.
32. WorkSafeNB may end an employer’s participation in SAFIS for any reason, including but not limited to:
33. If WorkSafeNB decides to terminate the SAFIS program, or to no longer allow a particular employer to participate in SAFIS, notice is given in writing by WorkSafeNB before November 1st. Effective January 1st of the following year, no new accident years will be included.
34. Upon termination by either party, program provisions continue to apply to all accident years already covered under SAFIS until the end of the seventh year following the year of accident.
Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act
Claim costs - claim costs include all those costs normally allocated to an accident employer’s account under Policy 21-300 Allocation of Claim Costs, with the exception of claim costs associated with a fatality or a long latency occupational disease where the majority of the exposure occurred more than eight years prior to diagnosis. In the event of a fatality, the claim costs taken into account represent an average over all assessed employers of the projected costs of all fatality claims in the last five years. Claim costs also include costs associated with workers of sub-contractors considered to be workers of the principal under subsection 70(3) of the Workers’ Compensation Act.
Overall refund / surcharge - the sum of the calendar year’s refunds and surcharges for all accident years included in SAFIS.
Refund / surcharge - an amount generated when claim costs are either lower or higher than the expected costs from the claim cost schedule.
SAFIS account - an account maintained on behalf of a participant to hold any deposits or any portion of an overall refund not distributed to the participant.
Schedule of expected claims costs - a table of projected claim costs associated with each accident year. The table contains an entry for the year of accident, an entry for each of the following seven years, and a residual amount at the end of the seventh year following the year of accident to account for all future payments.