B.C. Reg. 223/2022, deposited November 17, 2022, under the WORKERS COMPENSATION ACT [sections 110 and 117]. Resolution of the Workers’ Compensation Board, dated November 16, 2022.

The Workers’ Compensation Board orders that, effective March 1, 2023, the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended as set out in the attached Appendix.

— J. PARR, Chair, Board of Directors.

Appendix

1 Section 14.16.1 (1) of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended in the definition of "misadventure" by repealing paragraphs (a) and (e) and substituting the following:

(a) a contact, other than a contact that is consistent with operation as specified by the manufacturer or a professional engineer,

(e) an upset, or .

2 Section 14.39 is repealed.

3 Section 14.49.1 (b) is amended by striking out "physical contact" and substituting "contact between a component or suspended load of the equipment and a component or suspended load of the crane or hoist".

4 Section 14.84.1 is amended

(a) by repealing subsection (2) and substituting the following:

(2) If practicable, an employer must ensure that a tower crane is erected to avoid creating an overlapping operating zone. ,

(b) in subsection (3) by striking out "If it is not practicable to comply with subsection (2)," and substituting "If the operating zone of a tower crane overlaps the operating zone of another tower crane,",

(c) in subsection (3) by adding the following paragraph:

(c.1) if practicable, each crane must be equipped with and operated under the control of a zone-limiting device with anti-collision control; ,

(d) in subsection (3) (d) by adding "in accordance with subsection (4)" after "written operating procedures", by striking out "collision or interference" and substituting "contact" and by striking out "with a" and substituting "and a",

(e) by repealing subsection (4) and substituting the following:

(4) The procedures required by subsection (3) (d) must do the following:

(a) minimize the time each crane spends in the overlapping operating zone;

(b) establish that the lower crane has priority for working in the overlapping operating zone;

(c) establish that the operator of the higher crane requires temporary permission from the operator of the lower crane for each lifting sequence in the overlapping operating zone;

(d) establish a means and protocol for communication between the operators of the cranes when a crane operates in the overlapping operating zone, including a requirement for the operator of the higher crane to contact the operator of the lower crane before the higher crane enters the zone;

(e) establish that, when the lower crane is being operated or when a person is on the lower crane, the higher crane will not pass a load over the lower crane unless

(i) the activity meets one or both of the following criteria:

(A) the higher crane is being used to erect, service or dismantle the lower crane;

(B) there is a minimum clearance of 18 m (60 ft.) between the underside of the jib of the higher crane and the highest point on the lower crane that is within the tip radius of the higher crane, and

(ii) written operating procedures for the activity are developed and implemented to ensure the safety of workers. , and

(f) in subsection (5) (a) by striking out "collision or interference" and substituting "contact" and by striking out "with" and substituting "and".

5 Section 16.43 (3) is amended by striking out "14.39,".

6 Section 19.24.1 is amended

(a) by renumbering the section as section 19.24.1 (1), and

(b) by adding the following subsection:

(2) If practicable, an employer must ensure that a tower crane operating at a workplace that has exposed electrical equipment or conductors that have a voltage within a range set out in column 1 of Table 19-1A is equipped with a zone-limiting device that prevents the crane from operating in the relevant minimum approach distance to the exposed electrical equipment or conductors set out opposite in column 2.

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