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Volume 65, No. 10
116/2022
The British Columbia Gazette, Part II
May 24, 2022

B.C. Reg. 116/2022, deposited May 12, 2022, under the WORKERS COMPENSATION ACT [sections 110, 111 and 117]. Resolution of the Workers’ Compensation Board, dated May 11, 2022.

The Workers’ Compensation Board orders that, effective August 22, 2022, the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended as set out in the attached Appendices A and B.

— J. PARR, Chair, Board of Directors.

Appendix A

1 The Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended by adding the following section:

Reassignment of refused work

3.12.1 If a worker refuses work under section 3.12, the employer must not require or permit another worker to do the refused work unless

(a) the matter has been resolved under section 3.12 (3), (4) or (5), or

(b) the employer has, in writing, advised the other worker and a person referred to in section 3.12 (4) (a), (b) or (c) of all of the following:

(i) the refusal;

(ii) the unsafe condition reported under section 3.12 (2);

(iii) the reasons why the work would not create an undue hazard to the health and safety of the other worker or any other person;

(iv) the right of the other worker under section 3.12 to refuse unsafe work.

2 Section 3.13 (2) is amended by adding "under section 3.12 (3), (4) or (5)" after "resolved".

Appendix B

1 Section 1.1 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended

(a) by repealing the definitions of "professional engineer" and "professional geoscientist" and substituting the following:

"professional engineer" means a person who is registered under the Professional Governance Act as a professional engineer or professional engineering licensee;

"professional geoscientist" means a person who is registered under the Professional Governance Act as a professional geoscientist or professional geoscience licensee; , and

(b) by repealing the definition of "qualified registered professional" and substituting the following:

"qualified registered professional" means

(a) a professional engineer or professional geoscientist, and

(b) in relation to a forestry operation, a person referred to in paragraph (a) or a person registered under the Professional Governance Act as

(i) a professional forester, or

(ii) a registered forest technologist; .

2 Section 3.12 is amended

(a) in subsection (2) by striking out "his or her" and substituting "the worker’s", and

(b) in subsection (3) (b) by striking out "if in his or her opinion" and substituting "if, in the supervisor’s or employer’s opinion,".

3 Section 4.19 (1) is amended by striking out "his or her" and substituting "the worker’s".

4 Sections 4.24 (a) and 4.27 are amended by striking out "he or she" and substituting "the worker".

5 Section 4.87 is amended by striking out "he or she" and substituting "that the person".

6 Sections 5.6 (2) and (3) and 5.7 (1) are amended by striking out "his or her" and substituting "the worker’s".

7 Section 6.4 (3) is amended by striking out "his or her" and substituting "the employer’s or owner’s".

8 Section 7.19 (2) is amended by striking out "her" in both places and substituting "the worker’s".

9 Sections 10.7 (b), 10.8 (3) and 10.9 (5) are amended by striking out "his or her" wherever it appears and substituting "the worker’s".

10 Section 12.178 (2) (a) is amended by striking out "his or her" and substituting "the driver’s".

11 Section 16.43 (2) is amended by striking out "Part 6" and substituting "Clause 6".

12 Section 21.12 (1) is amended by striking out "his or her" and substituting "the blaster’s".

13 Section 22.63 (2) is amended by striking out "his or her" and substituting "the worker’s".

14 Section 24.20 (1) is amended by striking out "he or she" and substituting "the diver".

15 Section 28.47 is amended by striking out "sections 13.12, 13.23 (1) (b) and 13.23 (5)" and substituting "sections 13.12 and 13.23 (1) (b)".


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