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| B.C. Reg. 296/97 Workers' Compensation Board | Deposited September 8, 1997 effective April 15, 1998 |
[Last amended January 1, 2024 by B.C. Reg. 204/2023]
1.1 (1) In this Occupational Health and Safety Regulation:
"administrative controls" means the provision, use and scheduling of work activities and resources in the workplace, including planning, organizing, staffing and coordinating, for the purpose of controlling risk;
"B.C. Electrical Code" has the same meaning as in the Electrical Safety Regulation;
"Board" means the Workers' Compensation Board;
"combustible liquid" means a liquid that has a flash point at or above 37.8 degrees Celsius (100 degrees Fahrenheit) and below 93.3 degrees Celsius (200 degrees Fahrenheit);
"contaminant" means a harmful or irritant material, or nuisance dust, foreign to the normal composition of a substance, or a material that varies the normal proportions of components in a mixture such as air;
"engineering controls" means the physical arrangement, design or alteration of workstations, equipment, materials, production facilities or other aspects of the physical work environment, for the purpose of controlling risk;
"flammable liquid" means a liquid that has a flash point below 37.8 degrees Celsius (100 degrees Fahrenheit) and a vapour pressure of not more than 275.8 kPa at 37.8 degrees Celsius;
"hazard" means a thing or condition that may expose a person to a risk of injury or occupational disease;
"hazard area" means an area in a workplace where a hazard exists, or is created, due to a condition in the area or the activities conducted in it;
"hazardous product" means any product, mixture, material or substance that is classified in accordance with the regulations made under section 15 (1) of the Hazardous Products Act (Canada) in a category or subcategory of a hazard class listed in Schedule 2 of that Act;
"HEPA" means, in reference to air filtration, a high efficiency particulate air filter meeting the specifications of a nuclear grade filter, providing a 99.97% filtration efficiency at a 0.3 micrometre particle size;
"IDLH atmosphere" means an atmosphere containing a substance at a concentration which is immediately dangerous to life or health (IDLH) because the concentration is greater than that from which one could escape without any escape-impairing symptoms or irreversible health effects, and includes an atmosphere with an unknown concentration with the potential to be immediately dangerous to life or health;
"incident" includes an accident or other occurrence which resulted in or had the potential for causing an injury or occupational disease;
"mg/m3" means milligrams of a substance per cubic metre of air;
"mobile equipment" has the same meaning as in section 16.1;
"oxygen deficient" means, in relation to air, a condition in which there is less than 19.5% oxygen by volume, or the partial pressure of oxygen is less than 16.3 kPa (122 mm Hg);
"ppm" means parts of a vapour or a gas per million parts of contaminated air by volume at a temperature of 25 degrees Celsius and an atmospheric pressure of 760 millimetres of mercury;
"practicable" means that which is reasonably capable of being done;
"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;
"qualified" means being knowledgeable of the work, the hazards involved and the means to control the hazards, by reason of education, training, experience or a combination thereof;
"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;
"rated capacity" or "rated load" means the load that machinery or a piece of equipment is, in accordance with its design, rated to bear under section 4.8;
"resource road" means a road or portion of a road on Crown land, and includes a bridge, culvert, ford or other structure or work associated with the road, but does not include a highway within the meaning of the Transportation Act;
"risk" means a chance of injury or occupational disease;
"rollover", in respect of mobile equipment, means a roll about the longitudinal axis of more than 90°, or a rear or frontal pitchover about the transverse axis of more than 90°, whether or not the roof or topside comes into contact with the travel surface;
"rollover hazard area", with respect to mobile equipment, means an area that is comprised of
(a) grades or slopes that exceed
(i) the manufacturer's maximum slope operating stability limit for the mobile equipment, or
(ii) 10%, if the manufacturer has not set a maximum slope operating stability limit for the mobile equipment, or
(b) open edges, open ramps, loading docks, ditches, drop-offs, holes, soft spots or mounds, or other terrain hazards, that may cause a rollover;
"rollover protective structure" or "ROPS" means a rollover protective structure that is affixed to mobile equipment and designed to protect an on-board operator in the event of a rollover of the mobile equipment;
"safety data sheet" or "SDS" means a document that contains, under the headings that, by virtue of the regulations made under section 15 (1) of the Hazardous Products Act (Canada), are required to appear in the document, information about a hazardous product, including information related to the hazards associated with any use, handling or storage of the hazardous product in the workplace;
"sensitizer" means a substance that has been shown to elicit an allergenic type of response in humans after an initial exposure, resulting in development of symptoms upon subsequent exposure at much lower concentrations;
"supervisor" means a person who instructs, directs and controls workers in the performance of their duties;
"utility service" means a petroleum pipeline, sanitary sewer line, enclosed storm sewer, water line, steam line or electrical cable;
"WHMIS" means the Workplace Hazardous Materials Information System referred to in section 5.3;
"working load limit" or "WLL" means the maximum load which a product is authorized by the manufacturer to support in a particular service.
(2) Subject to subsection (3), in this Regulation, "workplace" does not include a resource road.
(3) A portion of a resource road is a workplace during any period within which the portion is being built, maintained, repaired, rehabilitated, stabilized, upgraded, removed or deactivated.
(4) Although a resource road does not constitute a workplace for the purposes of this Regulation, other than in one of the limited circumstances referred to in subsection (3), a reference to a workplace in this Regulation continues to include a thing or place that constitutes a workplace even though that thing, or an activity or the result of an activity initiated or carried out at that place, is in whole or in part on a resource road.
[am. B.C. Regs. 185/99, s. 1; 253/2001, s. 1; 312/2003, App. C, s. 1; 315/2003, App. A, s. 1; 20/2008, App. A, s. 59; 258/2008, App. A, s. 1; 312/2010, App. A, s. 1 and App. D, s. 1; 305/2012, s. 1; 30/2015, s. 1; 9/2017, App. A and App. D, s. 1; 139/2021, App. D, s. 1; 222/2021, App. A, s. 1; 116/2022, App. B, s. 1.]
2.1 This Occupational Health and Safety Regulation applies to all employers, workers and all other persons working in or contributing to the production of any industry within the scope of the OHS provisions of the Workers Compensation Act.
[am. B.C. Regs. 185/99, s. 2; 279/2019, App. D, s. 1.]
2.2 Despite the absence of a specific requirement, all work must be carried out without undue risk of injury or occupational disease to any person.
2.3 If there is any conflict between the requirements of this Regulation and any code or standard with which compliance is required by this Regulation, the provisions of this Regulation prevail.
2.4 Every person to whom an order or directive is issued by the Board must comply promptly or by the time set out in the order or directive.
[am. B.C. Reg. 185/99, s. 4.]
2.5 (1) An inspection report must remain posted for at least 7 days, or until compliance has been achieved, whichever is the longer period.
(2) When a joint committee or a worker health and safety representative is required at a workplace, the employer must produce for the committee or representative the inspection report, or a copy of it, at or before the next meeting of the committee or with the representative.
[am. B.C. Reg. 185/99, s. 5.]
2.6 When an employer is required to provide notification of compliance in response to an inspection report the employer must ensure that
(a) a copy of the notification is posted next to the originating inspection report until compliance has been achieved.
(b) Repealed. [B.C. Reg. 185/99, s. 6.]
[am. B.C. Reg. 185/99, s. 6.]
2.7 Every employer must post in a conspicuous place at each workplace any placard issued by the Board titled "Notice to Workers".
[am. B.C. Reg. 185/99, s. 7.]
2.8 (1) A contravention of this Regulation will be deemed to be a contravention by the employer and will make that employer liable for any penalty prescribed by the Workers Compensation Act.
(2) A contravention of this Regulation by a supervisor or a worker will be deemed to be a contravention by the supervisor and will make that supervisor liable for any penalty prescribed by the Workers Compensation Act.
(3) A contravention of this Regulation by a worker will make that worker liable for any penalty prescribed by the Workers Compensation Act.
(4) A contravention of this Regulation by a person working in or contributing to the production of an industry within the scope of the Workers Compensation Act will make that person liable for any penalty prescribed by the Act.
[am. B.C. Reg. 185/99, s. 9.]
Part 3 — Rights and Responsibilities
Occupational Health and Safety Programs
3.1 (1) An occupational health and safety program as outlined in section 3.3 must be initiated and maintained
(i) a workforce of 20 or more workers, and
(ii) at least one workplace that is determined under section 3.16 (2) (b) to create a moderate or high risk of injury, or
(b) by each employer that has a workforce of 50 or more workers.
(1.1) If subsection (1) (a) or (b) applies to the employer, the occupational health and safety program applies to the whole of the employer's operations.
(2) Despite subsection (1) an occupational health and safety program may be required in any workplace when, in the opinion of an officer, such a program is necessary.
[am. B.C. Regs. 348/2003, s. 10; 19/2006, s. 1; 320/2007, App. A, s. 1.]
3.2 In any operation where the workforce is less than that referred to in section 3.1 (1) the employer must
(a) initiate and maintain a less formal program based on regular monthly meetings with workers for discussion of health and safety matters,
(b) ensure that meetings are directed to matters concerning the correction of unsafe conditions and practices and the maintenance of cooperative interest in the health and safety of the workforce, and
(c) maintain a record of the meetings and the matters discussed.
3.3 The occupational health and safety program must be designed to prevent injuries and occupational diseases, and without limiting the generality of the foregoing, the program must include
(a) a statement of the employer's aims and the responsibilities of the employer, supervisors and workers,
(b) provision for the regular inspection of premises, equipment, work methods and work practices, at appropriate intervals, to ensure that prompt action is undertaken to correct any hazardous conditions found,
(c) appropriate written instructions, available for reference by all workers, to supplement this Occupational Health and Safety Regulation,
(d) provision for holding periodic management meetings for the purpose of reviewing health and safety activities and incident trends, and for the determination of necessary courses of action,
(e) provision for the prompt investigation of incidents to determine the action necessary to prevent their recurrence,
(f) the maintenance of records and statistics, including reports of inspections and incident investigations, with provision for making this information available to the joint committee or worker health and safety representative, as applicable and, upon request, to an officer, the union representing the workers at the workplace or, if there is no union, the workers at the workplace, and
(g) provision by the employer for the instruction and supervision of workers in the safe performance of their work.
[am. B.C. Reg. 185/99, s. 12.]
3.5 Every employer must ensure that regular inspections are made of all workplaces, including buildings, structures, grounds, excavations, tools, equipment, machinery and work methods and practices, at intervals that will prevent the development of unsafe working conditions.
[am. B.C. Reg. 185/99, s. 16.]
3.7 A special inspection must be made when required by malfunction or accident.
[am. B.C. Reg. 185/99, s. 16.]
3.8 An inspection required by section 3.5 and a major inspection required by section 3.7 must, where feasible, include the participation of members of the joint committee or the worker health and safety representative, as applicable, but
(a) if there is no committee or worker health and safety representative the employer must designate an employer representative and the union must designate a worker representative, or
(b) if there is no union the employer must invite the workers to designate one of their number.
[en. B.C. Reg. 185/99, s. 17, am. B.C. Reg. 185/99, s. 18.]
Correction of Unsafe Conditions
3.9 Unsafe or harmful conditions found in the course of an inspection must be remedied without delay.
[am. B.C. Reg. 185/99, s. 18.]
3.10 Whenever a person observes what appears to be an unsafe or harmful condition or act the person must report it as soon as possible to a supervisor or to the employer, and the person receiving the report must investigate the reported unsafe condition or act and must ensure that any necessary corrective action is taken without delay.
[am. B.C. Reg. 185/99, s. 18.]
3.11 If emergency action is required to correct a condition which constitutes an immediate threat to workers only those qualified and properly instructed workers necessary to correct the unsafe condition may be exposed to the hazard, and every possible effort must be made to control the hazard while this is being done.
[am. B.C. Reg. 185/99, s. 18.]
3.12 (1) A person must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person.
(2) A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (1) must immediately report the circumstances of the unsafe condition to the worker's supervisor or employer.
(3) A supervisor or employer receiving a report made under subsection (2) must immediately investigate the matter and
(a) ensure that any unsafe condition is remedied without delay, or
(b) if, in the supervisor's or employer's opinion, the report is not valid, must so inform the person who made the report.
(4) If the procedure under subsection (3) does not resolve the matter and the worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the supervisor or employer must investigate the matter in the presence of the worker who made the report and in the presence of
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(5) If the investigation under subsection (4) does not resolve the matter and the worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, both the supervisor, or the employer, and the worker must immediately notify an officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary.
[am. B.C. Regs. 185/99, s. 19; 116/2022, App. B, s. 2.]
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:
(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.
[en. B.C. Reg. 116/2022, App. A, s. 1.]
3.13 (1) A worker must not be subject to prohibited action as defined in section 47 of the Workers Compensation Act because the worker has acted in compliance with section 3.12 or with an order made by an officer.
(2) Temporary assignment to alternative work at no loss in pay to the worker until the matter in section 3.12 is resolved under section 3.12 (3), (4) or (5) is deemed not to constitute prohibited action.
[am. B.C. Regs. 185/99, s. 20; 279/2019, App. D, s. 2; 116/2022, App. A, s. 2.]
3.14 In this section and in sections 3.15 to 3.21:
"first aid" means
(a) in cases in which a person will need medical treatment, treatment for the purpose of preserving life and minimizing the consequences of injury until medical treatment is obtained, and
(b) treatment of minor injuries that would otherwise receive no medical treatment or that do not need medical treatment;
"first aid attendant" means a person who holds a valid first aid certificate issued by the Board or by a person recognized by the Board and who is designated as a first aid attendant by the employer;
"injured worker" means a worker who suffers an injury during work;
"injury" includes an occupational disease or illness;
"medical certificate" means a report in a form acceptable to the Board from a physician registered under the Medical Practitioners Act as to a person's fitness to perform the functions of a first aid attendant.
[en. B.C. Reg. 348/2003, s. 2.]
3.15 The employer must ensure that a person who is designated as a first aid attendant
(b) has successfully completed the first aid training course or first aid examination developed or approved by the Board,
(c) has a first aid certificate in good standing at the required level issued by the Board or a person recognized by the Board, and
(d) meets any other requirements determined by the Board for designation as a first aid attendant.
[en. B.C. Reg. 348/2003, s. 2.]
3.16 (1) The employer must provide for each workplace such equipment, supplies, facilities, first aid attendants and services as are adequate and appropriate for
(a) promptly rendering first aid to workers if they suffer an injury at work, and
(b) transporting injured workers to medical treatment.
(1.1) The type and quantity of equipment, supplies, facilities, first aid attendants and services referred to in subsection (1) must be no less than is required by Schedule 3-A.
(1.2) The quality, maintenance and use of equipment, facilities and methods of transportation referred to in this section must be acceptable to the Board.
(2) For the purpose of complying with subsection (1), the employer must conduct an assessment of the circumstances of the workplace, including
(a) the number of workers who may require first aid at any time,
(b) the nature and extent of the risks and hazards in the workplace, including whether or not the workplace as a whole creates a low, moderate or high risk of injury,
(c) the types of injuries likely to occur,
(d) any barriers to first aid being provided to an injured worker, and
(e) the time that may be required to obtain transportation and to transport an injured worker to medical treatment.
(3) The employer must review the assessment under subsection (2)
(a) within 12 months after the previous assessment or review, and
(b) whenever a significant change affecting the assessment occurs in the employer's operations.
(4) First aid equipment, supplies and facilities must be kept clean, dry and ready for use, and be readily accessible at any time a worker works in the workplace.
[en. B.C. Reg. 348/2003, s. 2; am. B.C. Reg. 320/2007, App. A, ss. 2 and 3.]
3.17 (1) The employer must keep up-to-date written procedures for providing first aid at the worksite including
(a) the equipment, supplies, facilities, first aid attendants and services available,
(b) the location of, and how to call for, first aid,
(c) how the first aid attendant is to respond to a call for first aid,
(d) the authority of the first aid attendant over the treatment of injured workers and the responsibility of the employer to report injuries to the Board,
(e) who is to call for transportation for the injured worker, and the method of transportation and calling, and
(f) prearranged routes in and out of the workplace and to medical treatment.
(2) The employer must post the procedures conspicuously in suitable locations throughout the workplace or, if posting is not practicable, the employer must adopt other measures to ensure that the information is effectively communicated to workers.
(3) The first aid attendant and all other persons authorized to call for transportation for injured workers must be trained in the procedures.
[en. B.C. Reg. 348/2003, s. 2.]
3.17.1 If air transportation is the primary or only method for transporting an injured worker, all of the following requirements must be met:
(a) before the start of operations in a workplace, arrangements must be made with an air service to ensure that an appropriate aircraft is reasonably available to the workplace during those operations;
(b) the arrangements in paragraph (a) must include procedures for
(i) the employer to determine the availability of appropriate aircraft before the start of each work day, and
(ii) the air service to notify the employer if an appropriate aircraft ceases to be available;
(c) a system must be provided that enables the pilot of the aircraft and the first aid attendant attending to an injured worker to communicate at all times when the aircraft is in transit to the location of the injured worker and during transport of the injured worker to medical treatment.
[en. B.C. Reg. 320/2007, App. A, s. 4.]
3.18 (1) The employer must provide an effective means for
(a) communication between the first aid attendant and the workers served, and
(b) the first aid attendant to call for assistance.
(2) The employer must not assign, and the first aid attendant must not undertake, employment activities that will interfere with the attendant's ability to receive and respond to a request for first aid.
[en. B.C. Reg. 348/2003, s. 2.]
3.19 (1) The employer must maintain at the workplace, in a form acceptable to the Board, a record of all injuries and exposures to contaminants covered by this Regulation that are reported or treated.
(2) First aid records must be kept for at least 3 years.
(3) First aid records are to be kept confidential and may not be disclosed except as permitted by this Regulation or otherwise permitted by law.
(4) First aid records must be available for inspection by an officer of the Board.
(5) Workers may request or authorize access to their first aid records for any treatment or report about themselves.
[en. B.C. Reg. 348/2003, s. 2.]
3.20 If workers of 2 or more employers are working at a workplace at the same time, the prime contractor must
(a) conduct an assessment of the circumstances of the workplace under section 3.16 (2) in relation to all the workers in the workplace, and
(b) do everything that is reasonably practicable to establish and maintain the first aid equipment, supplies, facilities, first aid attendants and services required under section 3.16.
[en. B.C. Reg. 348/2003, s. 2; am. B.C. Reg. 320/2007, App. A, s. 5.]
3.21 (1) The first aid attendant must
(a) promptly provide injured workers with a level of care within the scope of the attendant's training and this Part,
(b) objectively record observed or reported signs and symptoms of injuries and exposures to contaminants covered by this Regulation, and
(c) refer for medical treatment workers with injuries considered by the first aid attendant as being serious or beyond the scope of the attendant's training.
(2) A first aid attendant must be physically and mentally capable of safely and effectively performing the required duties, and the Board may at any time require the attendant to provide a medical certificate.
(3) The first aid attendant is responsible, and has full authority, for all first aid treatment of an injured worker until responsibility for treatment is accepted
(a) at a place of medical treatment,
(b) by an ambulance service acceptable to the Board, or
(c) by a person with higher or equivalent first aid certification.
(4) The first aid attendant does not have authority to overrule a worker's decision to seek medical treatment or the worker's choice of medical treatment.
[en. B.C. Reg. 348/2003, s. 2.]
3.22 In sections 3.23 to 3.25:
"new worker" means any worker who is
(b) returning to a workplace where the hazards in that workplace have changed during the worker's absence,
(c) affected by a change in the hazards of a workplace, or
(d) relocated to a new workplace if the hazards in that workplace are different from the hazards in the worker's previous workplace;
"young worker" means any worker who is under 25 years of age.
[en. B.C. Reg. 105/2007.]
3.23 (1) An employer must ensure that before a young or new worker begins work in a workplace, the young or new worker is given health and safety orientation and training specific to that young or new worker's workplace.
(2) The following topics must be included in the young or new worker's orientation and training:
(a) the name and contact information for the young or new worker's supervisor;
(b) the employer's and young or new worker's rights and responsibilities under the Workers Compensation Act and this Regulation including the reporting of unsafe conditions and the right to refuse to perform unsafe work;
(c) workplace health and safety rules;
(d) hazards to which the young or new worker may be exposed, including risks from robbery, assault or confrontation;
(e) working alone or in isolation;
(f) violence in the workplace;
(g) personal protective equipment;
(h) location of first aid facilities and means of summoning first aid and reporting illnesses and injuries;
(j) instruction and demonstration of the young or new worker's work task or work process;
(k) the employer's health and safety program, if required under section 3.1 of this Regulation;
(l) WHMIS information requirements set out in Part 5, as applicable to the young or new worker's workplace;
(m) contact information for the occupational health and safety committee or the worker health and safety representative, as applicable to the workplace.
[en. B.C. Reg. 105/2007.]
3.24 An employer must provide a young or new worker with additional orientation and training if
(a) workplace observation reveals that the young or new worker is not able to perform work tasks or work processes safely, or
(b) requested by the young or new worker.
[en. B.C. Reg. 105/2007.]
3.25 An employer must keep records of all orientation and training provided under sections 3.23 and 3.24.
[en. B.C. Reg. 105/2007.]
Joint Health and Safety Committees
3.26 (1) In this section, a reference to a joint committee does not include a joint committee established and maintained under section 32 of the Workers Compensation Act, if
(a) an order under section 32 (1) of the Workers Compensation Act respecting the joint committee provides for a variation as set out in subsection (2) (b) of that section of that Act, and
(b) the variation is in regards to evaluating the joint committee.
(2) An employer must ensure that, with respect to each of the employer's joint committees, a written evaluation is conducted annually by
(a) the co-chairs of the joint committee or, with respect to each co-chair, the member or members of the joint committee designated by the co-chair, or
(b) the employer or a person retained by the employer.
(3) The evaluation must contain, but is not limited to, the following information:
(a) whether or not, throughout the period of time that is the subject of the evaluation,
(i) the joint committee met the membership requirements under section 33 of the Workers Compensation Act,
(ii) worker representatives on the joint committee were selected in accordance with section 34 of the Workers Compensation Act,
(iii) employer representatives on the joint committee were selected in accordance with section 35 of the Workers Compensation Act,
(iv) the joint committee fulfilled each of its duties and functions under section 36 of the Workers Compensation Act,
(v) the joint committee met regularly as required under section 37 (2) of the Workers Compensation Act,
(vi) the employer met the requirements under section 39 of the Workers Compensation Act in respect of the written recommendations sent to the employer by the joint committee with a written request for a response from the employer, if any,
(vii) each member of the joint committee received the time off from work the member was entitled to receive under section 40 of the Workers Compensation Act,
(viii) each member of the joint committee attended the occupational health and safety training courses the member was entitled to attend under section 41 of the Workers Compensation Act,
(ix) the employer provided to the joint committee the equipment, premises, clerical personnel and information the employer was required to provide under section 42 of the Workers Compensation Act,
(x) the joint committee prepared reports of its meetings and provided copies to the employer as required under section 43 (1) of the Workers Compensation Act,
(xi) the employer met the requirements of posting and keeping posted committee information as set out in section 44 of the Workers Compensation Act, and
(xii) each member of the joint committee received the instruction and training the employer was required to ensure was provided to the member under section 3.27 of this regulation;
(b) an assessment of the effectiveness of the joint committee's rules of procedure as established under section 37 (1) of the Workers Compensation Act;
(c) an assessment of the overall effectiveness of the joint committee.
(4) If the employer or a person retained by the employer conducts the evaluation, the employer or person retained by the employer, as the case may be, must, as part of the evaluation, obtain and consider the input of the co-chairs of the joint committee or, with respect to each co-chair, the member or members of the joint committee designated by the co-chair, on the matters listed in subsection (3).
(5) The employer and the joint committee must each provide to the other a copy of the evaluation if the other does not have a copy.
(a) discuss the evaluation at the joint committee meeting immediately following
(i) receipt of the evaluation, if the employer or a person retained by the employer conducted the evaluation, or
(ii) the completion of the evaluation, if members of the joint committee conducted the evaluation, and
(b) ensure that the evaluation and a summary of the discussion referred to in paragraph (a) are included in the report of that meeting.
[en. B.C. Reg. 312/2016, App. A; am. B.C. Reg. 279/2019, App. D, s. 10.]
3.27 (1) In this section, a reference to a joint committee does not include a joint committee established and maintained under section 32 of the Workers Compensation Act, if
(a) an order under section 32 (1) of the Workers Compensation Act respecting the joint committee provides for a variation as set out in subsection (2) (b) of that section of that Act, and
(b) the variation is in regards to providing instruction and training to the members of the joint committee.
(2) The employer must ensure that each member of the employer's joint committees who was selected on or after April 3, 2017 to be a member receives, as soon as practicable but no more than 6 months after becoming a member, a total of at least 8 hours of instruction and training, as set out in subsection (4).
(3) The employer must ensure that the worker health and safety representative at each of the employer's workplaces who was selected on or after April 3, 2017 to be a representative receives, as soon as practicable but no more than 6 months after becoming a representative, a total of at least 4 hours of instruction and training, as set out in subsection (5).
(4) The instruction and training referred to in subsection (2) must include the following topics:
(a) the duties and functions of a joint committee under section 36 of the Workers Compensation Act;
(b) the rules of procedure of the joint committee as established under or set out in section 37 of the Workers Compensation Act;
(c) the requirements respecting investigations under sections 69 to 72 of the Workers Compensation Act;
(d) the requirements respecting inspections under sections 3.5, 3.7 and 3.8 of this regulation and how to make regular inspections under section 3.5 of this regulation;
(e) the requirements respecting refusal of unsafe work under section 3.12 of this regulation;
(f) the requirements respecting the evaluation of joint committees under section 3.26 of this regulation.
(5) The instruction and training referred to in subsection (3) must include the topics described in subsection (4) (a), (c), (d) and (e).
(6) Subsection (2) does not apply in respect of a person who is a member of a joint committee if
(a) 2 years or less before becoming a member of the joint committee, the person was a member of that joint committee or a different joint committee, and
(b) the person, as a member of the joint committee or a different joint committee as set out in paragraph (a), received at least 8 hours of instruction and training on the topics described in subsection (4).
(7) Subsection (3) does not apply in respect of a person who is a worker health and safety representative at a workplace if
(a) 2 years or less before becoming a worker health and safety representative at the workplace, the person was
(i) a member of a joint committee, or
(ii) a worker health and safety representative at that workplace or a different workplace, and
(b) the person, as a member of a joint committee, or as a worker health and safety representative at the workplace or a different workplace, as set out in paragraph (a), received at least 4 hours of instruction and training on the topics described in subsection (5).
(8) The employer must ensure that a person who receives instruction and training as set out in subsection (2) or (3) receives a copy of the person's training record as soon as practicable after the training is completed.
(9) The employer must, with respect to each person who receives instruction and training as set out in subsection (2) or (3), keep the person's training record until 2 years from the date the person ceases to be a member of the employer's joint committee or a worker health and safety representative, as applicable.
(10) For greater certainty, the instruction and training required under subsection (2) or (3) of this section is not educational leave as set out in section 41 of the Workers Compensation Act.
[en. B.C. Reg. 312/2016, App. B; am. B.C. Reg. 279/2019, App. D, s. 10.]
Participation in Investigations
3.28 For the purposes of section 70 (2) (c) of the Workers Compensation Act, the following activities are prescribed:
(a) assisting the persons carrying out the investigation with gathering information relating to the investigation;
(b) assisting the persons carrying out the investigation with analyzing the information gathered during the investigation;
(c) assisting the persons carrying out the investigation with identifying any corrective actions necessary to prevent recurrence of similar incidents.
[en. B.C. Reg. 312/2016, App. C; am. B.C. Reg. 279/2019, App. D, s. 10.]
[en. B.C. Reg. 320/2007, App. A, s. 6.]
Minimum Levels of First Aid
1 In this Schedule:
"ambulance service" means an ambulance service acceptable to the Board;
"hospital" means a hospital within the meaning of the Hospital Act or a diagnostic and treatment centre where the hospital or centre has
2 (1) Tables 1 to 6 have different levels of first aid service that are based on how long it takes to transport an injured person to a hospital and the number of workers per shift.
(2) Exceptions to note: In circumstances in which Tables 1 to 6 would otherwise require a Level 2 first aid certificate under column 3 [noted with an asterisk (*)], a Level 3 first aid certificate is required and an Emergency Transportation Vehicle ("ETV") must be provided, if
(a) there is on the access route to the workplace an obstruction, barrier, rough terrain or other similar circumstances likely to delay the arrival of an ambulance service for more than 20 minutes after it was dispatched, or
(b) there are areas in the workplace which an ambulance service cannot safely access, and for which workers at the workplace are required by this Regulation to be trained, equipped and capable of effecting rescue.
Table 1: This table applies to a workplace that an employer determines under section 3.16 (2) (b) of the Regulation creates a low risk of injury and that is more than 20 minutes surface travel time away from a hospital.
| Item | Column 1 Number of workers per shift | Column 2 Supplies, equipment, and facility | Column 3 Level of first aid certificate for attendant | Column 4 Transportation |
| 1 | 1 | • Personal first aid kit | ||
| 2 | 2-5 | • Basic first aid kit | ||
| 3 | 6-30 | • Level 1 first aid kit | Level 1 certificate | |
| 4 | 31-50 | • Level 1 first aid kit • ETV equipment | Level 1 certificate with Transportation Endorsement | |
| 5 | 51-75 | • Level 3 first aid kit • Dressing station • ETV equipment | Level 3 certificate | |
| 6 | 76 or more | • Level 3 first aid kit • First aid room • ETV equipment | Level 3 certificate | ETV |
Table 2: This table applies to a workplace that an employer determines under section 3.16 (2) (b) of the Regulation creates a low risk of injury and that is 20 minutes or less surface travel time away from a hospital.
| Item | Column 1 Number of workers per shift | Column 2 Supplies, equipment, and facility | Column 3 Level of first aid certificate for attendant | Column 4 Transportation |
| 1 | 1 | |||
| 2 | 2-10 | • Basic first aid kit | ||
| 3 | 11-50 | • Level 1 first aid kit | Level 1 certificate | |
| 4 | 51-100 | • Level 2 first aid kit • Dressing station | * Level 2 certificate | |
| 5 | 101 or more | • Level 2 first aid kit • First aid room | * Level 2 certificate |
Table 3: This table applies to a workplace that an employer determines under section 3.16 (2) (b) of the Regulation creates a moderate risk of injury and that is more than 20 minutes surface travel time away from a hospital.
| Item | Column 1 Number of workers per shift | Column 2 Supplies, equipment, and facility | Column 3 Level of first aid certificate for attendant | Column 4 Transportation |
| 1 | 1 | • Personal first aid kit | ||
| 2 | 2-5 | • Level 1 first aid kit | Level 1 certificate | |
| 3 | 6-15 | • Level 1 first aid kit • ETV equipment | Level 1 certificate with Transportation Endorsement | |
| 4 | 16-50 | • Level 3 first aid kit • Dressing station • ETV equipment | Level 3 certificate | ETV |
| 5 | 51-100 | • Level 3 first aid kit • First aid room • ETV equipment | Level 3 certificate | ETV |
| 6 | 101-300 | • Level 3 first aid kit • First aid room • Industrial ambulance equipment | Level 3 certificate | Industrial ambulance |
| 7 | 301 or more | • Level 3 first aid kit • First aid room • Industrial ambulance equipment | 2 attendants, each with Level 3 certificates | Industrial ambulance |
Table 4: This table applies to a workplace that an employer determines under section 3.16 (2) (b) of the Regulation creates a moderate risk of injury and that is 20 minutes or less surface travel time away from a hospital.
| Item | Column 1 Number of workers per shift | Column 2 Supplies, equipment, and facility | Column 3 Level of first aid certificate for attendant | Column 4 Transportation |
| 1 | 1 | • Personal first aid kit | ||
| 2 | 2-5 | • Basic first aid kit | ||
| 3 | 6-25 | • Level 1 first aid kit | Level 1 certificate | |
| 4 | 26-75 | • Level 2 first aid kit • Dressing station | * Level 2 certificate | |
| 5 | 76 or more | • Level 2 first aid kit • First aid room | * Level 2 certificate |
Table 5: This table applies to a workplace that an employer determines under section 3.16 (2) (b) of the Regulation creates a high risk of injury and that is more than 20 minutes surface travel time away from a hospital.
| Item | Column 1 Number of workers per shift | Column 2 Supplies, equipment, and facility | Column 3 Level of first aid certificate for attendant | Column 4 Transportation |
| 1 | 1 | • Personal first aid kit | ||
| 2 | 2-5 | • Level 1 first aid kit | Level 1 certificate | |
| 3 | 6-10 | • Level 1 first aid kit • ETV equipment | Level 1 certificate with Transportation Endorsement | ETV |
| 4 | 11-30 | • Level 3 first aid kit • Dressing station • ETV equipment | Level 3 certificate | ETV |
| 5 | 31-50 | • Level 3 first aid kit • First aid room • ETV equipment | Level 3 certificate | ETV |
| 6 | 51-200 | • Level 3 first aid kit • First aid room • Industrial ambulance equipment | Level 3 certificate | Industrial ambulance |
| 7 | 201 or more | • Level 3 first aid kit • First aid room • Industrial ambulance equipment | 2 attendants, each with Level 3 certificates | Industrial ambulance |
Table 6: This table applies to a workplace that an employer determines under section 3.16 (2) (b) of the Regulation creates a high risk of injury and that is 20 minutes or less surface travel time away from a hospital.
| Item | Column 1 Number of workers per shift | Column 2 Supplies, equipment, and facility | Column 3 Level of first aid certificate for attendant | Column 4 Transportation |
| 1 | 1 | • Personal first aid kit | ||
| 2 | 2-15 | • Level 1 first aid kit | Level 1 certificate | |
| 3 | 16-30 | • Level 2 first aid kit • Dressing station | * Level 2 certificate | |
| 4 | 31-300 | • Level 2 first aid kit • First aid room | * Level 2 certificate | |
| 5 | 301 or more | • Level 2 first aid kit • First aid room | * 2 attendants, each with Level 2 certificates |
Buildings, Structures and Equipment
4.1 A workplace must be planned, constructed, used and maintained to protect from danger any person working at the workplace.
[en. B.C. Reg. 258/2008, App. A, s. 2.]
4.1.1 (1) In this section and section 4.1.2:
"avalanche" means snow avalanche;
"avalanche risk assessment" means the assessment referred to in subsection (2) (a);
"avalanche safety plan" means the plan referred to in subsection (2) (b);
"avalanche safety program" means the program referred to in subsection (6).
(2) Subject to section 4.1.2, if a person working at a workplace may be exposed to a risk associated with an avalanche, the employer must ensure that no work is carried out at the workplace until
(a) a written avalanche risk assessment is completed, and
(b) if the avalanche risk assessment indicates that a person working at the workplace will be exposed to a risk associated with an avalanche, a written avalanche safety plan is developed and implemented.
(3) The avalanche risk assessment must be conducted by a qualified person.
(4) In conducting the avalanche risk assessment, the qualified person must consider all of the hazards and risks associated with an avalanche, including, without limitation, the following:
(a) the topography and vegetation in the area of the workplace;
(b) the snow conditions in the area of the workplace;
(c) the history of avalanches in the area of the workplace;
(d) the nature and duration of work activities to be carried out at the workplace;
(e) the extent, if any, to which the nature and duration of work activities to be carried out at the workplace may affect the topography, vegetation or snow conditions in the area of the workplace;
(f) the nature of the workplace and the buildings and structures at the workplace.
(5) The avalanche safety plan must be developed by a qualified person and, subject to subsection (6), must include measures to eliminate the risks associated with an avalanche.
(6) If eliminating the risks associated with an avalanche is not practicable, the avalanche safety plan must include measures and procedures to minimize those risks, including an avalanche safety program that provides for
(a) the regular monitoring of weather, snow and avalanche conditions in the area of the workplace, at intervals the qualified person considers will be effective,
(b) the implementation of closures or other measures, as specified in the avalanche safety program, and
(c) safe work procedures to be followed by persons working at the workplace.
(7) The employer must make a copy of the avalanche safety program readily available to each person who administers or implements the avalanche safety program for the workplace.
(8) Whenever there is a significant change in the hazards or risks associated with an avalanche in the area of the workplace, the employer must do the following, unless the change is already addressed by the avalanche safety plan:
(a) ensure that a qualified person reviews the avalanche risk assessment and the avalanche safety plan;
(b) make changes to the avalanche risk assessment and the avalanche safety plan, as considered necessary by the qualified person, to reflect the current hazards and risks associated with an avalanche in the area of the workplace.
(9) If the avalanche safety plan includes procedures applicable to a person's work at the workplace,
(a) the employer must provide information and training to the person respecting the procedures, and
(b) the person must comply with the procedures.
[en. B.C. Reg. 199/2014, App. A, s. 1.]
4.1.2 (1) Section 4.1.1 does not apply to work carried out to evaluate whether a person working at the workplace may be exposed to a risk associated with an avalanche.
(2) Section 4.1.1 does not apply if compliance with that section is not practicable when carrying out the following types of work at a workplace where a person may be exposed to a risk associated with an avalanche:
(i) is carried out intermittently,
(ii) involves moving through the workplace without stopping for a significant length of time in a particular area of the workplace, and
(iii) has minimal potential to trigger an avalanche;
(b) work related to an emergency;
(c) work carried out to complete an avalanche risk assessment;
(d) work carried out to develop an avalanche safety plan.
(3) Before a person carries out work to which subsection (2) applies, the employer must ensure that
(a) written safe work procedures are in place to minimize the risks associated with an avalanche, and
(i) understands the risks associated with an avalanche, and
(ii) is trained in the procedures referred to in paragraph (a) of this subsection.
(4) The safe work procedures required under subsection (3) must be developed by a qualified person and must set out the following:
(a) the qualifications and training a person must have in order to be eligible to carry out work to which subsection (2) applies;
(b) the procedures the person referred to in paragraph (a) of this subsection must follow to identify and address risks associated with an avalanche;
(c) the requirements the person referred to in paragraph (a) of this subsection must comply with when using equipment.
(5) A person carrying out work to which subsection (2) applies must comply with the safe work procedures required under subsection (3).
[en. B.C. Reg. 199/2014, App. A, s. 1.]
4.2 The employer must ensure that each building and temporary or permanent structure in a workplace is capable of withstanding any stresses likely to be imposed on it.
4.3 (1) The employer must ensure that each tool, machine and piece of equipment in the workplace is
(a) capable of safely performing the functions for which it is used, and
(b) selected, used and operated in accordance with
(i) the manufacturer's instructions, if available,
(iii) the requirements of this Regulation.
(2) Unless otherwise specified by this Regulation, the installation, inspection, testing, repair and maintenance of a tool, machine or piece of equipment must be carried out
(a) in accordance with the manufacturer's instructions and any standard the tool, machine or piece of equipment is required to meet, or
(b) as specified by a professional engineer.
(3) A tool, machine or piece of equipment determined to be unsafe for use must be identified in a manner which will ensure it is not inadvertently returned to service until it is made safe for use.
(4) Unless otherwise specified by this Regulation, any modification of a tool, machine or piece of equipment must be carried out in accordance with
(a) the manufacturer's instructions, if available,
(c) the requirements of this Regulation.
[en. B.C. Reg. 312/2003, App. B, s. 2; am. B.C. Reg. 243/2006, s. 1.]
4.4 (1) If this Regulation requires that a tool, machine or piece of equipment manufactured before April 15, 1998 must meet a code or standard, the tool, machine or piece of equipment must conform to the edition of the code or standard referred to in this Regulation or the edition of the code or standard published at the time the tool, machine or piece of equipment was manufactured, subject only to the modification or upgrading specified to be necessary in this Regulation or in a directive issued by the Board.
(2) When this Regulation requires a person to comply with
(a) a publication, code or standard of the Board or another agency, the person may, as an alternative, comply with another publication, code or standard acceptable to the Board, or
(b) practices, procedures or rules of the Board or another agency, the person may, as an alternative, comply with another practice, procedure or rule acceptable to the Board.
[en. B.C. Reg. 253/2001, s. 2; am. B.C. Reg. 312/2003, App. A, s. 1.]
4.5 If this Regulation requires an operation or maintenance manual for a tool, machine or piece of equipment, the employer must ensure that before the tool, machine or piece of equipment is used in the workplace
(a) the manual has been obtained, and
(b) the supplier has provided sufficient information to identify the standard or standards to which the tool, machine or equipment has been manufactured.
(c) Repealed. [B.C. Reg. 312/2003, App. J, s. 1 (c).]
[am. B.C. Reg. 312/2003, App. J, s. 1.]
4.6 If machinery, equipment or a structure is dismantled in whole or in part, and subsequently re-assembled, it must be checked by a qualified person and determined to be safe before operation or use.
4.7 If a machine or piece of equipment has a rated capacity which varies with the reach or configuration of the machine or equipment, or has other operating limitations,
(a) appropriate instructions, load charts and warning notices must be affixed to the machine or equipment so as to be visible to the operator when the operator is at the controls, or
(b) the information, in written form, must be available to the operator.
4.8 (1) Unless provided elsewhere in this Regulation, the rated capacity or rated load of a machine or piece of equipment is that specified by the manufacturer of the machine or piece of equipment based on its design.
(2) The rated capacity or rated load must be certified by a professional engineer if
(a) the manufacturer's specification or other acceptable warranty cannot be produced,
(b) the equipment or machine has been modified in a manner which will change its rated capacity or rated load,
(c) wear, corrosion, damage or signs of fatigue are found which may reduce the rated capacity or rated load,
(d) the equipment or machine is used in a manner or for a purpose other than that for which it was originally designed, if the use will change the safe working load, or
(e) in the opinion of the Board, the provision of such certification is deemed necessary.
[am. B.C. Reg. 312/2003, App. C, s. 2.]
4.9 (1) If this Regulation requires a machine or piece of equipment to have an inspection and maintenance record, then an effective written or other permanent recording system or log must be immediately available to the equipment operator and to any other person involved with inspection and maintenance of the equipment.
(a) identify the make, model and serial number of the equipment, and the name and address of the current owner,
(b) contain an entry on each shift, signed by the operator of the machine or equipment, reporting the result of each start of shift inspection and safety check, and any observed defect, operating difficulty or need for maintenance occurring on the shift, and
(c) contain an entry signed by the person responsible for any test, inspection, modification, repair or maintenance performed on the equipment, summarizing the work done, indicating the status of the equipment or machine for further use, and if appropriate, noting where a detailed record of the test, inspection, modification, repair or maintenance can be obtained.
(3) If this Regulation requires a machine or piece of equipment to have inspection and maintenance records, then detailed reports of inspection, maintenance, repairs and modifications must be kept for the duration of the service life of the machine or equipment and must be reasonably available to the workplace and made available, upon request, to the operator and to anyone else involved in the operation, inspection, testing or maintenance of the equipment.
4.10 (1) A machine or piece of equipment may only be operated by authorized persons.
(2) A person must not be authorized to operate a machine or piece of equipment until the person has been adequately instructed and trained, and has demonstrated an ability to safely operate it.
4.11 Before any equipment, machinery or work process is put into operation the persons responsible for doing so must ensure that
(a) safeguards and air contaminant controls required by this Regulation are in place and functioning, and
(b) no person will be exposed to undue risk by putting the equipment, machinery or work process into operation.
4.12 A person must not intentionally remove, impair, or render ineffective any safeguard provided for the protection of workers, except as permitted by this Regulation.
Emergency Preparedness and Response
4.13 (1) The employer must conduct a risk assessment in any workplace in which a need to rescue or evacuate workers may arise.
(2) If the risk assessment required by subsection (1) shows a need for evacuation or rescue, appropriate written procedures must be developed and implemented, and a worker assigned to coordinate their implementation.
(3) Written rescue and evacuation procedures are required for but not limited to
(b) work in confined spaces or where there is a risk of entrapment,
(c) work with hazardous substances,
(e) work on or over water, and
(f) workplaces where there are persons who require physical assistance to be moved.
4.14 (1) Emergency means of escape must be provided from any work area in which the malfunctioning of equipment or a work process could create an immediate danger to workers and the regular means of exit could become dangerous or unusable.
(2) Emergency exit routes must be designed and marked to provide quick and unimpeded exit.
(3) At least once each year emergency drills must be held to ensure awareness and effectiveness of emergency exit routes and procedures, and a record of the drills must be kept.
4.16 (1) All workers must be given adequate instruction in the fire prevention and emergency evacuation procedures applicable to their workplace.
(2) Workers assigned to firefighting duties in their workplace must be given adequate training, by a qualified instructor, in fire suppression methods, fire prevention, emergency procedures, organization and chain of command, firefighting crew safety and communications applicable to their workplace.
(3) Retraining for firefighting duties must be provided periodically, but not less than once a year.
(4) A worker not covered by Part 31 [Firefighting], who is assigned to firefighting duties, must be physically capable of performing the assigned duties safely and effectively before being permitted to do them.
4.17 (1) An employer having at a workplace hazardous products covered by WHMIS, explosives, pesticides, radioactive material, consumer products or hazardous wastes in quantities which may endanger firefighters, must ensure the local fire department is notified of the nature and location of the hazardous materials or substances and methods to be used in their safe handling.
(2) Subsection (1) does not apply to a workplace
(a) where materials are kept on site for less than 15 days if the employer ensures an alternative effective means for notification of fire departments is in place in the event of fire or other emergency, or
(b) which is not within the service area of a fire department.
[am. B.C. Reg. 30/2015, s. 2.]
4.18 If work activities conducted by or on behalf of an employer cause a utility service to be hit or damaged, the employer must notify the owner of the utility service without delay.
[en. B.C. Reg. 312/2010, App. D, s. 2.]
4.19 (1) A worker with a physical or mental impairment which may affect the worker's ability to safely perform assigned work must inform the worker's supervisor or employer of the impairment, and must not knowingly do work where the impairment may create an undue risk to the worker or anyone else.
(2) A worker must not be assigned to activities where a reported or observed impairment may create an undue risk to the worker or anyone else.
[am. B.C. Regs. 185/99, s. 21; 116/2022, App. B, s. 3.]
4.20 (1) A person must not enter or remain at any workplace while the person's ability to work is affected by alcohol, a drug or other substance so as to endanger the person or anyone else.
(2) The employer must not knowingly permit a person to remain at any workplace while the person's ability to work is affected by alcohol, a drug or other substance so as to endanger the person or anyone else.
(3) A person must not remain at a workplace if the person's behaviour is affected by alcohol, a drug or other substance so as to create an undue risk to workers, except where such a workplace has as one of its purposes the treatment or confinement of such persons.
4.20.1 In sections 4.20.2 to 4.23, "to work alone or in isolation" means to work in circumstances where assistance would not be readily available to the worker
(a) in case of an emergency, or
(b) in case the worker is injured or in ill health.
[en. B.C. Reg. 318/2007, s. 1.]
4.20.2 (1) Before a worker is assigned to work alone or in isolation, the employer must identify any hazards to that worker.
(2) Before a worker starts a work assignment with a hazard identified under subsection (1), the employer must take measures
(a) to eliminate the hazard, and
(b) if it is not practicable to eliminate the hazard, to minimize the risk from the hazard.
(3) For purposes of subsection (2) (b), the employer must minimize the risk from the hazard to the lowest level practicable using engineering controls, administrative controls or a combination of engineering and administrative controls.
[en. B.C. Reg. 318/2007, s. 1.]
4.21 (1) The employer must develop and implement a written procedure for checking the well-being of a worker assigned to work alone or in isolation.
(2) The procedure for checking a worker's well-being must include the time interval between checks and the procedure to follow in case the worker cannot be contacted, including provisions for emergency rescue.
(3) A person must be designated to establish contact with the worker at predetermined intervals and the results must be recorded by the person.
(4) In addition to checks at regular intervals, a check at the end of the work shift must be done.
(5) The procedure for checking a worker's well-being, including time intervals between the checks, must be developed in consultation with the joint committee or worker health and safety representative, as applicable.
(6) Time intervals for checking a worker's well-being must be developed in consultation with the worker assigned to work alone or in isolation.
[am. B.C. Reg. 318/2007, s. 2.]
4.22 A worker described in section 4.21 (1) and any person assigned to check on the worker must be trained in the written procedure for checking the worker's well-being.
[am. B.C. Reg. 318/2007, s. 3.]
"late night hours" means any time between 11:00 p.m. and 6:00 a.m.;
"late night retail premises" means
(a) a gas station or other retail fueling outlet, or
(b) a convenience store or any other retail store where goods are sold directly to consumers
that is open to the public for late night hours;
"violence prevention program" means a program implemented under subsection (2) (b) (iii).
(2) If a worker is assigned to work alone or in isolation in late night retail premises and there is any risk of harm from a violent act to the worker, then, in addition to any other obligations the employer has under sections 4.20.2 to 4.23 and 4.28 to 4.30,
(a) the employer must develop and implement a written procedure to ensure the worker's safety in handling money, and
(b) when that worker is assigned to work late night hours, the employer must also do one or more of the following:
(i) ensure that the worker is physically separated from the public by a locked door or barrier that prevents physical contact with or access to the worker;
(ii) assign one or more workers to work with the worker during that worker's assignment;
(iii) implement a violence prevention program in accordance with subsections (2.1) to (2.3).
(2.1) A violence prevention program must include procedures, policies and work environment arrangements necessary to ensure that all of the following requirements are met:
(a) there is a time lock safe on the premises that cannot be opened during late night hours;
(b) cash and lottery tickets that are not reasonably required in order to operate during late night hours are stored in the time lock safe referred to in paragraph (a);
(c) there is good visibility both into and out of the premises;
(d) there is limited access to the inside of the premises;
(e) the premises is monitored by video surveillance;
(f) there are signs on the premises, visible to the public, indicating that
(i) the safe on the premises is a time lock safe that cannot be opened during late night hours,
(ii) there is a limited amount of accessible cash and lottery tickets on the premises, and
(iii) the premises is monitored by video surveillance;
(g) a worker described in subsection (2)
(i) is at least 19 years of age, and
(ii) is provided with a personal emergency transmitter that is monitored by
(B) a security company or other person designated by the employer.
(2.2) By the end of the first year of the implementation of a violence prevention program and by the end of every second year after that first year, the employer must receive a security audit report, in writing, from an independent qualified person confirming that the program meets all of the requirements under subsection (2.1).
(2.3) The written security audit report referred to in subsection (2.2) must be
(a) retained by the employer, and
(b) posted by the employer in the workplace
for a period beginning on or immediately after the date the report is received and ending no earlier than the date on which the next report is posted.
(3) The employer must train a worker described in subsection (2) in
(a) the written procedure referred to in subsection (2) (a), and
(b) if the employer implements a violence prevention program, the procedures, policies and work environment arrangements referred to in subsection (2.1).
(4) A worker described in subsection (2) must
(a) follow the written procedure referred to in subsection (2) (a), and
(b) if the employer implements a violence prevention program,
(i) follow the procedures, policies and work environment arrangements referred to in subsection (2.1), and
(ii) wear, during late night hours, the personal emergency transmitter referred to in subsection (2.1) (g) (ii).
[en. B.C. Reg. 318/2007, s. 4; am. B.C. Regs. 312/2010, App. B; 230/2011, s. 1.]
4.22.2 An employer must require that customers prepay for fuel sold in gas stations and other retail fueling outlets.
[en. B.C. Reg. 318/2007, s. 4.]
4.23 The procedures referred to in sections 4.21 and 4.22.1 (2) (a) and, if a violence prevention program is implemented, the procedures, policies and work environment arrangements referred to in section 4.22.1 (2.1), must be reviewed at least annually, or more frequently if there is
(a) a change in work environment arrangements that could adversely affect
(i) the effectiveness of the violence prevention program, or
(ii) a worker's well-being or safety, or
(b) a report that the procedures, policies or work environment arrangements, as applicable, are not working effectively.
[en. B.C. Reg. 230/2011, s. 2.]
4.24 In sections 4.25 and 4.26, "improper activity or behaviour" includes
(a) the attempted or actual exercise by a worker towards another worker of any physical force so as to cause injury, and includes any threatening statement or behaviour which gives the worker reasonable cause to believe the worker is at risk of injury, and
(b) horseplay, practical jokes, unnecessary running or jumping or similar conduct.
[am. B.C. Reg. 116/2022, App. B, s. 4.]
4.25 A person must not engage in any improper activity or behaviour at a workplace that might create or constitute a hazard to themselves or to any other person.
4.26 Improper activity or behaviour must be reported and investigated as required by Part 3 (Rights and Responsibilities).
4.27 In sections 4.28 to 4.31, "violence" means the attempted or actual exercise by a person, other than a worker, of any physical force so as to cause injury to a worker, and includes any threatening statement or behaviour which gives a worker reasonable cause to believe that the worker is at risk of injury.
[am. B.C. Reg. 116/2022, App. B, s. 4.]
4.28 (1) A risk assessment must be performed in any workplace in which a risk of injury to workers from violence arising out of their employment may be present.
(2) The risk assessment must include the consideration of
(a) previous experience in that workplace,
(b) occupational experience in similar workplaces, and
(c) the location and circumstances in which work will take place.
4.29 If a risk of injury to workers from violence is identified by an assessment performed under section 4.28 the employer must
(a) establish procedures, policies and work environment arrangements to eliminate the risk to workers from violence, and
(b) if elimination of the risk to workers is not possible, establish procedures, policies and work environment arrangements to minimize the risk to workers.
(c) Repealed. [B.C. Reg. 312/2003, App. D, s. 1 (c).]
[am. B.C. Regs. 185/99, s. 22; 312/2003, App. D, s. 1.]
4.30 (1) An employer must inform workers who may be exposed to the risk of violence of the nature and extent of the risk.
(2) The duty to inform workers in subsection (1) includes a duty to provide information related to the risk of violence from persons who have a history of violent behaviour and whom workers are likely to encounter in the course of their work.
(3) The employer must instruct workers who may be exposed to the risk of violence in
(a) the means for recognition of the potential for violence,
(b) the procedures, policies and work environment arrangements which have been developed to minimize or effectively control the risk to workers from violence,
(c) the appropriate response to incidents of violence, including how to obtain assistance, and
(d) procedures for reporting, investigating and documenting incidents of violence.
4.31 (1)-(2) Repealed. [B.C. Reg. 312/2003, App. D, s. 2 (a).]
(3) The employer must ensure that a worker reporting an injury or adverse symptom as a result of an incident of violence is advised to consult a physician of the worker's choice for treatment or referral.
[am. B.C. Reg. 312/2003, App. D, s. 2.]
4.32 There must be a safe way of entering and leaving each place where work is performed and a worker must not use another way, if the other way is hazardous.
4.33 (1) A work area must be arranged to allow the safe movement of people, equipment and materials.
(2) If, to ensure safety, an aisle or passageway is designated for pedestrian traffic, the route must be clearly indicated by markings or other effective means and, where practicable, floor or grade markings must be used.
4.34 Hazardous areas not intended to be accessible to workers must be secured by locked doors or equivalent means of security, and must not be entered unless safe work procedures are developed and followed.
4.35 (1) Repealed. [B.C. Reg. 312/2003, App. A, s. 2 (a).]
(2) If a door installed in a workplace swings towards a stair, the full arc of its swing must be over a landing.
(3) A double-acting swing door must permit a person approaching the door to see any person approaching from the opposite side so as not to endanger their safety.
(4) A glass or transparent door must have hardware, bars or markings so that its presence and position are readily apparent.
[am. B.C. Reg. 312/2003, App. A, s. 2.]
4.36 (1) Repealed. [B.C. Reg. 312/2003, App. A, s. 3.]
(2) A panel, window or sidelight made of glass or similar transparent material, which could be mistaken for a doorway, must have bars or markings so that its presence and position are readily apparent.
[am. B.C. Reg. 312/2003, App. A, s. 3.]
4.37 A worker must not be permitted to enter or work in an area if visibility in the area is restricted by the presence of smoke, steam or other substance in the atmosphere, unless appropriate safe work procedures are followed.
4.38 (1) An open flame or other high temperature or extreme low temperature source or surface, which could cause a burn or other injury, must be positioned or shielded to prevent contact by workers.
(2) If an extreme temperature source is necessarily exposed due to the work process, safe work procedures must be established, and workers must be instructed in those procedures and must wear appropriate clothing and personal protective equipment.
4.39 (1) Floors, platforms, ramps, stairs and walkways available for use by workers must be maintained in a state of good repair and kept free of slipping and tripping hazards.
(2) If such areas are taken out of service the employer must take reasonable means for preventing entry or use.
4.40 If a work process results in a liquid accumulating on the floor or grade surface in a work area and the liquid creates a slipping or other hazard, floor drains or other suitable means must be used to control the hazard.
4.41 Refuse, spills and waste material must not be allowed to accumulate so as to constitute a hazard.
4.42 (1) Compressed air or steam must not be used for blowing dust, chips, or other substances from equipment, materials and structures if any person could be exposed to the jet, or to the material it expels or propels and an injury or health hazard due to fire, explosion or other cause is likely to result.
(2) Subject to subsection (4) compressed air may not be used for blowing harmful or hazardous dusts or other harmful substances from clothing being worn by workers.
(3) If clothing is to be cleaned before leaving the work area, suitable cleaning equipment must be used.
(4) Compressed air may be used in specially designated areas for blowing dusts or other substances from clothing being worn by workers, provided that
(a) the substances have an exposure limit greater than 1.0 mg/m3, as established by section 5.48,
(b) appropriate respirators and eye protection are worn, and
(c) the compressed air supply pressure is limited to a pressure of 70 kPa gauge (10 psig), or safety nozzles which have the same pressure limiting effect are used.
[am. B.C. Regs. 315/2003, App. A, s. 2; 312/2010, App. G, s. 1.]
Storing and Handling Materials
4.43 (1) Material and equipment must be placed, stacked or stored in a stable and secure manner.
(2) Stacked material or containers must be stabilized as necessary by interlocking, strapping or other effective means of restraint to protect the safety of workers.
4.43.1 (1) In this section, "storage rack" means a combination of steel frames, beams and associated accessories used, once assembled into a structure, to support materials and products, including, for example, a pallet rack or cantilever rack, but excludes shelving and display fixtures used for retail purposes.
(2) This section applies in respect of a storage rack that is
(a) 2.4 m (8 ft) or taller in height, as measured from the floor to the top of the highest shelf level of the storage rack, or
(b) under 2.4 m (8 ft) in height, if the materials and products are loaded on or unloaded off the storage rack by other than manual means.
(3) The employer must ensure that a storage rack in the workplace is
(a) capable of safely supporting the items stored on it,
(b) designed and constructed in accordance with good engineering practice, and
(c) used in accordance with the specifications and instructions of the manufacturer or a professional engineer.
(4) The employer must ensure that a qualified person installs and uninstalls the storage rack, in whole or in part, in accordance with the instructions of the manufacturer or a professional engineer.
(5) The employer must ensure that the instructions of the manufacturer or a professional engineer for safely loading, unloading and maintaining the storage rack are readily available in the workplace to workers.
(6) The employer must ensure that the rated capacity of the storage rack is clearly posted near the storage rack and readily visible to workers.
(7) The employer must ensure that any structural modification, including reconfiguration, of the storage rack is carried out in accordance with the specifications of the manufacturer or a professional engineer.
(8) The employer must ensure that a qualified person
(i) for wear, corrosion, damage, missing or incompatible parts, and signs of fatigue, and
(ii) at regular intervals that will prevent the development of unsafe working conditions,
(b) makes a record of the results of each inspection, and
(c) provides the record to the employer.
(9) The employer must ensure that, with respect to the storage rack,
(a) regular maintenance is done, and
(b) wear, corrosion, damage, missing or incompatible parts, and signs of fatigue are repaired or replaced in accordance with the specifications and instructions of the manufacturer or a professional engineer.
[en. B.C. Reg. 143/2017.]
4.44 A worker must not enter or remain in any place where there is a danger of entrapment or engulfment in loose materials or from other circumstances unless
(a) safe access and a safe work area is provided by catwalks, walkways, barriers or other means, or
(b) measures are taken, where practicable, to control the risk of entrapment or engulfment and, if the risk is not eliminated, the worker uses a lifeline and harness of a type that will keep the worker in a position so as to be able to be rescued and is continuously tended by a standby person who is equipped for and capable of effecting immediate rescue.
4.45 An area in which material may be dropped, dumped or spilled must be guarded to prevent inadvertent entry by workers, or protected by adequate covers and guarding.
The purpose of sections 4.46 to 4.53 is to eliminate or, if that is not practicable, minimize the risk of musculoskeletal injury to workers.
4.46 In sections 4.47 to 4.53 (the Ergonomics (MSI) Requirements), "musculoskeletal injury" or "MSI" means an injury or disorder of the muscles, tendons, ligaments, joints, nerves, blood vessels or related soft tissue including a sprain, strain and inflammation, that may be caused or aggravated by work.
4.47 The employer must identify factors in the workplace that may expose workers to a risk of musculoskeletal injury (MSI).
4.48 When factors that may expose workers to a risk of MSI have been identified, the employer must ensure that the risk to workers is assessed.
4.49 The following factors must be considered, where applicable, in the identification and assessment of the risk of MSI:
(a) the physical demands of work activities, including
(b) aspects of the layout and condition of the workplace or workstation, including
(c) the characteristics of objects handled, including
(ii) load condition and weight distribution, and
(iii) container, tool and equipment handles;
(d) the environmental conditions, including cold temperature;
(e) the following characteristics of the organization of work:
4.50 (1) The employer must eliminate or, if that is not practicable, minimize the risk of MSI to workers.
(2) Personal protective equipment may only be used as a substitute for engineering or administrative controls if it is used in circumstances in which those controls are not practicable.
(3) The employer must, without delay, implement interim control measures when the introduction of permanent control measures will be delayed.
4.51 (1) The employer must ensure that a worker who may be exposed to a risk of MSI is educated in risk identification related to the work, including the recognition of early signs and symptoms of MSIs and their potential health effects.
(2) The employer must ensure that a worker to be assigned to work which requires specific measures to control the risk of MSI is trained in the use of those measures, including, where applicable, work procedures, mechanical aids and personal protective equipment.
4.52 (1) The employer must monitor the effectiveness of the measures taken to comply with the Ergonomics (MSI) Requirements and ensure they are reviewed at least annually.
(2) When the monitoring required by subsection (1) identifies deficiencies, they must be corrected without undue delay.
4.53 (1) The employer must consult with the joint committee or the worker health and safety representative, as applicable, with respect to the following when they are required by the Ergonomics (MSI) Requirements:
(a) risk identification, assessment and control;
(b) the content and provision of worker education and training;
(c) the evaluation of the compliance measures taken.
(2) The employer must, when performing a risk assessment, consult with
(a) workers with signs or symptoms of MSI, and
(b) a representative sample of the workers who are required to carry out the work being assessed.
[am. B.C. Reg. 185/99, s. 23.]
Work Area Guards and Handrails
4.54 In sections 4.54 to 4.63:
"guard" means a protective barrier around an opening in a floor or along the open sides of stairs or a ramp, landing, balcony, mezzanine, raised walkway or any other area to prevent a fall to a lower level, or inadvertent entry into a dangerous area;
"guardrail" means a guard consisting of a top rail 102 cm to 112 cm (40 in. to 44 in.) above the work surface, and a midrail located approximately midway between the underside of the top rail and the top of the toeboard, if one is provided, or the work surface if no toeboard is provided.
[am. B.C. Reg. 312/2010, App. E, s. 1.]
4.55 An area accessible to workers must have guards or guardrails installed in any of the following circumstances:
(a) if a raised floor, open-sided floor, mezzanine, gallery, balcony, work platform, ramp, walkway, or runway is 122 cm (4 ft.) or more above the adjacent floor or grade level;
(b) on both sides of any walkway over or adjacent to any substance which is a hazard if a worker fell in, or on it, or which is over machinery or work areas;
(c) around the perimeter of any open container or containment area such as an open vat, bin, tank or pit which is 122 cm (4 ft.) or more in depth and which has sides that do not extend at least as high as required for a guardrail above the adjacent grade or work surface;
(d) if a stairway ends in direct proximity to dangerous traffic or other hazard to prevent inadvertent entry into the dangerous area.
4.56 Section 4.55 does not apply
(a) to the front edge of a loading dock or to the viewing edge of a performance stage, and to parts of the scenic units which will be visible to the audience during a rehearsal or performance, provided effective measures are taken to ensure that workers are protected from injury,
(b) during the construction, demolition, renovation or modification of a work area provided that
(i) access is restricted only to the workers involved in the activity, and
(ii) the requirements of Part 11 [Fall Protection] are followed, or
(c) to a movable work platform or scaffold, as those terms are defined in section 13.1, if the movable work platform or scaffold meets the requirements set out in section 13.2 (1) (a) and (b) and (2) that apply in respect of guardrails on the movable work platform or scaffold.
[am. B.C. Reg. 9/2017, App. B, s. 1.]
4.57 If a worker is employed on stilts or work platforms, or is otherwise elevated above the floor, and the effective height of guardrails, walls, or barricades is thus reduced to less than the height specified in section 4.54, additional guardrails must be installed or a personal fall protection system must be used in accordance with the relevant requirements contained in Part 11 [Fall Protection].
4.58 (1) Guards in a building must be appropriate for the use and occupancy of the area.
(2) Guards in areas not part of a building must meet the applicable criteria of subsections (3) to (5), or other standard acceptable to the Board.
(3) Unless otherwise permitted by subsections (4) and (4.1), guardrails must be installed to withstand a load applied horizontally and normal to the span of the rail, of 550 N (125 lb.) applied at any point along the rail, and a vertical, downward load of 1.5 kN per m (100 lb. per ft.) along the top rail, but the horizontal and vertical loads need not be considered to act simultaneously.
(4) Guardrails temporarily installed during the construction, demolition, maintenance or renovation of a work area must be able to withstand a load of 550 N (125 lb.) applied perpendicular to the span in a horizontal or vertically downward direction at any point on the top rail, or be built to the criteria of subsection (5).
(4.1) If part or all of the top rail or a midrail of a guardrail that is temporarily installed during the construction, demolition, maintenance or renovation of a work area is made of fibre rope, wire rope, chain or other non-rigid material, that part of the guardrail must meet the requirements of WorkSafeBC Standard — Guardrails using rope or other non-rigid material, as set out in Schedule 4-A to this Part.
(5) Unless designed by a professional engineer, temporary wooden guardrails on floors and platforms must meet the following criteria:
(a) posts must be spaced not more than 2.4 m (8 ft.) apart, except a scaffold may have posts spaced not more than 3 m (10 ft.) apart;
(b) wooden top rails must be at least 38 mm x 89 mm (2 in. x 4 in. nominal) lumber for a span of up to 2.4 m between supports, and at least 38 mm x 140 mm (2 in. x 6 in. nominal) lumber for a span of 2.4 m to 3 m between supports;
(c) wooden midrails must be 19 mm x 140 mm (1 in. x 6 in. nominal) or 38 mm x 89 mm (2 in. x 4 in. nominal) lumber;
(d) wooden rails must be secured to the tops or inner sides of their vertical supports;
(e) wooden guardrail posts must be at least 38 mm x 89 mm (2 in. x 4 in. nominal) lumber, and must be installed with the narrow dimension facing the open edge;
(f) plastic or wire mesh fencing of adequate strength may be used in place of the midrail, but posts and top rails must comply with the requirements of this section and such fencing must be secured in place.
[am. B.C. Regs. 312/2003, App. E, s. 2; 312/2010, App. E, s. 2.]
4.58.1 (1) If a guardrail must be removed to accommodate work,
(a) only that portion of the guardrail necessary to allow the work to be done may be removed, and
(b) workers exposed to a fall hazard must be protected by another fall protection system when the guardrail is absent.
(2) The guardrail must be replaced
(a) when the unguarded area is left unattended, and
(b) after the work is completed if the circumstances still require guardrails.
[en. B.C. Reg. 420/2004, s. 1.]
4.59 (1) A pit or other opening in a floor, walkway, roof or other area accessible to workers, which is a danger to workers, must be securely covered with a cover of adequate size and strength or guarded by fixed or movable guardrails, which must be identified as such and kept in place except when necessarily removed to work in the opening or pit.
(2) If compliance with subsection (1) is not practicable for a vehicle service pit, the area around the perimeter of the pit must be marked in a high visibility colour extending back at least 1 m (3.3 ft.) from the edge of the pit, and the marking coating or material must provide a skid resistant surface.
(3) Subsection (1) does not apply to a trap door in a performance stage or scenic unit that will be visible to the audience during a rehearsal or performance, provided that effective measures are taken to protect performers and other workers from injury.
(4) If a worker must enter an area not normally accessible and that has openings that are a danger, such openings must be guarded or personal fall protection must be used while the worker is in the area.
[am. B.C. Reg. 312/2003, App. D, s. 3.]
4.60 (1) Floor openings, elevated walkways and platforms must have toeboards if there is a danger from tools, materials, equipment and debris falling off the edge of the work surface, or there is a danger of slipping off the work surface due to the environment or work practices being used.
(2) The top of a toeboard must be at least 10 cm (4 in.) above the floor or platform, and the space between the bottom of the toeboard and the floor or platform must not exceed 13 mm (1/2 in.).
(3) If material is stacked or stored on a platform or walkway, or near a floor opening, toeboards must be increased in height or solid or mesh panels of appropriate height must be installed to prevent the material from falling.
(4) Subsections (1) and (2) do not apply to a walkway or a platform that is on a performance stage or scenic unit and will be visible to the audience during a rehearsal or performance, provided that effective measures are taken to protect performers and other workers from injury.
4.61 Elevated walkways must be at least 50 cm (20 in.) wide, and safe access to walkways must be provided by means of stairs, ramps or fixed ladders.
4.62 (1) Stairs with more than 4 risers must have continuous handrails on
(a) any open side of the stairway,
(b) one side of enclosed stairways 112 cm (44 in.) or less in width, and
(c) both sides of enclosed stairways over 112 cm (44 in.) wide.
(2) The top of a handrail must be 76 cm to 92 cm (30 in. to 36 in.) above the stair tread, measured vertically from the nose of the tread, and the height must not vary on any flight or succession of flights of stairs.
(3) A handrail on an open side of a stairway must have a midrail located approximately midway between the top of the handrail and the nose of the stair tread.
(4) A handrail must be able to withstand a load of 1.3 kN (300 lbs) applied vertically or horizontally at any point along the handrail.
4.63 A curb must be installed, where practicable, whenever there is a danger of a vehicle or other equipment running off the edge of an elevated area.
4.64 In sections 4.64 to 4.69:
"brightness ratio" means for any 2 surfaces in the field of vision, the ratio of the luminance of one surface to the luminance of the other surface, expressed as a percentage;
"contrast" means the ratio of the luminance or light coming from an object and the luminance of its immediate background;
"general lighting" means an array of light fixtures that provides a fairly uniform illumination level for a large area, sometimes over the whole workplace, exclusive of any provision for special local lighting;
"glare" means brightness within the field of vision that causes eye fatigue or loss in visual performance;
"illumination level" means the amount of light falling on a surface;
"local lighting" means a light fixture or array of fixtures that provides illumination over a small area such as a service counter in a warehouse, without providing any significant general lighting in the surrounding area;
"luminance" means the amount of light reflected by a surface at a given angle;
"reflectance" means the ratio of the light reflected from a surface to that falling on the surface, expressed as a percentage.
4.65 (1) Except as otherwise provided in this section and section 4.69, an employer must provide and maintain minimum illumination levels to ensure safe working conditions, safe passage and the identification of hazards or obstructions as follows:
(a) 22 lux (2 fc) in areas of low activity, such as parking lots, building exteriors, outside areas and basement areas housing machinery, but which are not regular task areas;
(b) 54 lux (5 fc) in areas of high activity, such as frequently used walkways and building access and egress points.
(1.1) Cap lamps or other local sources of illumination acceptable to the Board must be used if the light intensity in a work area is less than 22 lux (2 fc) and it is impracticable to provide illumination by any other means.
(2) For tasks which require the ability to distinguish detail an employer must provide and maintain illumination as required by Table 4-1.
(3) For work processes which require lower illumination levels than those specified in subsections (1) and (2), such as photographic darkrooms, fish hatching rooms and poultry catching operations, the employer may use other effective means to ensure the safety of workers.
[am. B.C. Reg. 20/2008, App. A, s. 60.]
| Task category | Examples1 | Minimum2 illumination level in lux |
| 1. Simple orientation for short temporary visits | Inactive storage, waiting areas, VDT screens, log loading and unloading. | 50 |
| 2. Working spaces where visual tasks are only occasionally performed | Stairways, freight elevators, truck loading, active bulk storage. | 100 |
| 3. Visual tasks of high contrast or large size | Bakery mixing rooms, hospital central (clean) linen rooms, locker rooms, reading good quality text, casual reading, simple assembly, hand or simple spray painting, rough lumber grading, rough woodworking and benchwork. | 200 |
| 4. Visual tasks of medium contrast or small size | Hair styling shops, kitchens, vehicle repair garages, sawmill filing room (work areas), reading poor quality text, prolonged or critical reading, medium bench or machine work, mail sorting, fine hand painting and finishing, fine woodworking and finishing. | 500 |
| 5. Visual tasks of low contrast or very small size | Difficult assembly tasks, difficult inspections, weaving, clothing alteration, finished lumber grading. | 1 000 |
| 6. Visual tasks of low contrast and very small size over a prolonged period | Very difficult assembly tasks, sewing, fine bench or machine work, extra-fine hand painting and finishing. | 2 000 |
| 7. Very prolonged and exacting visual tasks | Exacting assembly or inspection, extra fine bench or machine work, precision manual arc-welding. | 5 000 |
| 8. Very special visual tasks of extremely low contrast and small size | Very detailed cloth product inspection and examination. | 10 000 |
| Note 1: Further guidance in determining task categories that apply to specific work areas and activities is contained in the IES Handbook. This publication also provides information on acceptable measures to control brightness, reflectance and glare. | ||
| Note 2: The lux is the metric unit of light measurement, and replaces the footcandle (fc), which was the traditional imperial unit of measurement. One lux equals about one tenth of a footcandle. For example, the minimum illumination in footcandles for task category number 4, which is common in the office environment, is about 50 footcandles. | ||
4.66 The lighting required by section 4.65 must be provided by general or local lighting, or an effective combination of the two.
4.67 As far as practicable, the workplace must be designed and maintained in such a manner to adequately control
4.68 (1) The measurement of illumination must be done in accordance with the procedures in the Lighting Handbook — Reference and Application, 8th Edition, 1993 (IES Handbook) published by the Illuminating Engineering Society of North America.
(2) A photometer used to measure illumination levels must be colour and cosine corrected.
[am. B.C. Reg. 312/2003, App. A, s. 5.]
4.69 (1) If failure of a lighting system would create conditions dangerous to the health and safety of workers, an emergency lighting system must be provided for the workplace and the exit routes.
(2) An emergency lighting system must provide dependable illumination while the primary lighting system is off to enable all emergency measures to be carried out, including
(a) emergency shutdown procedures, and
(b) evacuation of workers from the premises.
(3) An emergency lighting system in a fixed facility must meet the requirements of section 3.2.7 (Lighting and Emergency Power Systems) of the BC Building Code with regard to
(c) duration of emergency lighting,
(d) the use of self-contained emergency lighting units, and
(e) emergency electrical power supply.
(4) The emergency lighting system must be inspected, tested and maintained to meet the requirements of section 6.5 (Emergency Power Systems and Unit Equipment for Emergency Lighting) of the BC Fire Code.
[am. B.C. Reg. 199/2014, App. B, s. 1.]
4.70 Sections 4.71 to 4.80 apply to indoor or enclosed areas when occupied by workers, except
(a) a controlled atmosphere enclosure,
(c) when clearly impracticable, such as during some construction or renovation projects.
4.71 An employer or the employer's agent must submit to the Board drawings and specifications for an existing or proposed ventilation system when requested by the Board.
4.72 (1) An employer must ensure that a ventilation system for the supply and distribution of air and removal of indoor air contaminants is designed, constructed and operated in accordance with
(a) established engineering principles, and
(b) ASHRAE Standard 62-1989, Ventilation for Acceptable Indoor Air Quality.
(2) An adequate supply of outdoor air must be provided to the workplace in accordance with Table 2 of ASHRAE Standard 62-1989.
(3) For a building ventilation system installed prior to 1989, an adequate supply of outdoor air must be provided in accordance with the ASHRAE standard in place at the time the ventilation system was designed.
[am. B.C. Reg. 312/2003, App. A, s. 5.]
4.73 The owner of a building must permit an employer to install a ventilation system when required by this Part, provided that all such work is subject to the approval of the owner, acting reasonably.
4.75 The ventilation system must be balanced to
(a) ensure that each space within the building receives an adequate allotment of outdoor air, and
(b) accommodate the actual or the normally anticipated occupancy of each space.
4.76 (1) A ventilation system must not be obstructed by material or equipment placed in front of the ventilation air intakes or discharge points.
(2) Outdoor air intakes must be located so that outdoor air entering the ventilation system does not contain any contaminant in a concentration greater than normal outdoor ambient air in that locality.
4.77 A ventilation system that discharges air from the work area must be designed to minimize the likelihood of exposing any worker at a workplace, including an adjacent workplace
(a) to an air contaminant in a concentration which exceeds either 10% of its applicable exposure limit in Part 5 (Chemical Agents and Biological Agents), or an acceptable ambient air quality standard established by an authority having jurisdiction over environmental air standards, whichever is greater, and
4.78 (1) To maintain acceptable air quality, the employer or, if the employer is not responsible for maintenance of the ventilation system, the owner of the ventilation system, must establish an effective preventive maintenance program for the ventilation system.
(2) Preventive maintenance must include
(i) of all critical components of the ventilation system, such as dampers, fans, belts, baffles, ductwork, diffusers and control systems, and
(ii) for conditions which would promote the growth of micro-organisms, such as water leaks or stagnant water pools,
(b) correction of any deficiencies found during the inspections carried out under paragraph (a),
(c) repair or replacement of malfunctioning and consumable components, such as filters and belts, and the cleaning of air distribution systems, ducts and dampers when necessary to correct an indoor air quality deficiency,
(d) adequate treatment of open water systems associated with ventilation equipment such as cooling towers and humidifiers, to control biological growth, and
(e) maintenance of combustion sources, such as furnaces, space heaters and water heaters to assure proper burning and exhausting of waste gases so that recirculation of gases to the workplace will not occur.
[am. B.C. Reg. 185/99, s. 24.]
4.79 (1) The employer must ensure that the indoor air quality is investigated when
(b) occupancy in the space changes substantially, or
(c) renovations involving significant changes to the ventilation system occur.
(2) An air quality investigation must include
(a) assessment of the ventilation rate, unless the indoor carbon dioxide level is less than 650 ppm above ambient outdoor levels,
(b) inspection of the ventilation system as required in section 4.78 (2),
(c) sampling for airborne contaminants suspected to be present in concentrations associated with the reported complaints, and
(d) a record of the complaint, the findings of the investigation, and any actions taken.
4.80 The employer must ensure that temperature and humidity levels within the indoor work environment are maintained within acceptable comfort ranges, as far as is practicable.
Environmental Tobacco Smoke and E-Cigarette Vapour
4.80.1 In sections 4.81 and 4.82, "activated e-cigarette", "e-cigarette" and "tobacco" have the same meaning as in the Tobacco and Vapour Products Control Act.
[en. B.C. Reg. 9/2017, App. C, s. 2.]
4.81 Subject to section 2.41 of the Tobacco and Vapour Products Control Act and section 4.23 (2) (c) of the Tobacco and Vapour Products Control Regulation, an employer must control the exposure of workers to environmental tobacco smoke and ecigarette vapour at a workplace by doing all of the following:
(a) prohibiting the following activities in the workplace:
(iv) holding an activated e-cigarette;
(b) subject to section 4.22 (3) of the Tobacco and Vapour Products Control Regulation, restricting the activities referred to in paragraph (a) of this section to a safe outdoor location that is a minimum of 6 m from a doorway, window or air intake of an indoor workplace;
(c) except as permitted under section 4.82 of this regulation, prohibiting working in an indoor area where the activities referred to in paragraph (a) of this section are allowed under section 4.23 (2) (a) or (b) of the Tobacco and Vapour Products Control Regulation.
[en. B.C. Reg. 9/2017, App. C, s. 3.]
4.82 (1) An employer must ensure that a worker does not work in an indoor area where the activities referred to in section 4.81 (a) are permitted under section 4.23 (2) (a) or (b) of the Tobacco and Vapour Products Control Regulation unless
(a) the worker must enter the area to respond to an emergency endangering life, health or property,
(b) the worker must enter the area to investigate for illegal activity, or
(c) the tobacco smoke or e-cigarette vapour has been effectively removed.
(2) If necessary to prevent tobacco smoke or e-cigarette vapour from entering a workplace, a room where the activities referred to in section 4.81 (a) are permitted under section 4.23 (2) (a) of the Tobacco and Vapour Products Control Regulation must be provided with a separate, non-recirculating exhaust ventilation system that
(a) is designed in accordance with expected occupancy rates,
(b) maintains adequate air flows from areas in which smoking tobacco or using activated e-cigarettes is prohibited to areas in which smoking tobacco or using activated e-cigarettes is permitted,
(c) discharges directly to the outdoors, and
(d) meets all other requirements, specified in the American Society of Heating, Refrigerating and Air-conditioning Engineers Standard 62-1989, Ventilation for Acceptable Indoor Air Quality, for a lounge in which smoking tobacco or using activated e-cigarettes is permitted.
[en. B.C. Reg. 9/2017, App. C, s. 3.]
Occupational Environment Requirements
4.84 (1) Workers must not keep or consume food in an area of a workplace where it could become unwholesome because of workplace contaminants.
(2) The employer must ensure that an area suitable for the storage and consumption of food is provided for workers if
(a) there is a risk that food stored or consumed at a workplace may become unwholesome because of workplace contaminants, or
(b) food storage or consumption is restricted or prohibited at the workplace.
[en. B.C. Reg. 421/2004.]
4.85 (1) Except as provided by subsection (2), the employer must ensure that a sufficient number of plumbed washroom facilities are readily available for workers.
(2) If plumbed washroom facilities cannot be provided because of the nature of the workplace or the nature of the work in which the worker is involved, the employer must
(a) provide access to portable washroom and hand-washing facilities, or
(b) make such other reasonable arrangements to accommodate workers as the circumstances allow, if access to portable washroom and hand-washing facilities cannot be provided.
(3) If washroom facilities are provided they must be
(a) maintained in proper working order,
(b) kept clean and sanitary, and
(c) provided with the supplies necessary for their use.
[en. B.C. Reg. 421/2004.]
4.86 If the employer requires the worker to change into protective work clothing at the workplace, the employer must ensure that adequate change areas are provided.
[en. B.C. Reg. 421/2004.]
4.87 The employer must display at every plumbed non-potable water source from which a person might reasonably believe that the person can safely drink, a notice that the water is unfit for human consumption.
[en. B.C. Reg. 421/2004; am. B.C. Reg. 116/2022, App. B, s. 5.]
[en. B.C. Reg. 312/2010, App. E, s. 3.]
(section 4.58 [specifications for guards and guardrails])
WorkSafeBC Standard — Guardrails Using Rope or Other Non-rigid Material
1 This standard sets out the minimum requirements for the design and use of a guardrail system temporarily installed in a workplace and made using a rope rail for part or all of the top rail or midrail of the guardrail system.
2 In this standard:
"fall protection system" has the same meaning as in section 11.1 of this Regulation;
"guardrail" has the same meaning as in section 4.54 of this Regulation;
"rope rail" means a rail made of fibre rope, wire rope, chain or other non-rigid material.
3 (1) A rope rail must be able to withstand a load of 550 N (125 lb.) applied in any direction at any point on the rope rail.
(2) A guardrail system using a rope rail must be installed with sufficient setback from the outer face of the parapet, the floor opening or the open edge of the floor or work surface, as the case may be, or from any other hazard, such that when the rope rail is subjected to a horizontal load of 550 N (125 lb.) applied at any point, the rope rail will not deflect
(a) past the outer face of the parapet,
(b) past the edge of the floor opening,
(c) past the open edge of the floor or work surface, or
(3) A rope rail must be made of a material that will remain stable and functional, having regard to the following:
(i) high temperature sources, or
(ii) by-products of high temperature processes such as welding or cutting;
(c) chemical exposures that may occur due to
(i) the location of the workplace where the guardrail system is to be installed, or
(ii) the work that will be taking place around or near the guardrail system.
(4) A rope rail must not be made of natural fibre rope or other material relying on natural fibre for tensile strength.
4 (1) A rope rail must be installed and used in accordance with written instructions from a professional engineer.
(2) The written instructions required by subsection (1) must include the following:
(a) the seal and signature of the professional engineer providing the written instructions;
(b) the address of and location in the workplace where the guardrail system is to be used;
(c) the name of each employer, prime contractor or owner for whom the written instructions were prepared;
(d) a description of the guardrail system or an illustration for its configuration;
(e) details for the connection of the rope rail to supports and anchors;
(f) details on the size and grade of rope and all required rigging hardware to be used;
(g) details for corner posts and points where rope terminations occur;
(h) the maximum span permitted between supports;
(i) the tension required in the rope and the means to achieve it;
(j) the means for testing rope tension during inspections of the system.
(3) The written instructions for a guardrail system intended for use at a number of workplaces of similar design and construction must include the following:
(a) the seal and signature of the professional engineer providing the written instructions;
(b) a description of the type of structure where the guardrail system may be used;
(c) the name of each employer, prime contractor or owner for whom the written instructions were prepared;
(d) a description of the guardrail system or an illustration for its configuration;
(e) details for the connection of the rope rail to supports and anchors;
(f) details on the size and grade of rope and all required rigging hardware to be used;
(g) details for corner posts and points where rope terminations occur;
(h) the maximum span permitted between supports;
(i) the tension required in the rope and the means to achieve it;
(j) the means for testing rope tension during inspections of the system.
(4) The written instructions must be available at the workplace when the guardrail system is being installed and while the rope rail is in place.
5 (1) A worker involved in the installation, maintenance or removal of a guardrail system described in section 1 [scope] must use a fall protection system if required by Part 11 [Fall Protection] of this regulation.
(2) A rope rail meeting this standard is intended for use only as a guardrail and must not be used as a horizontal lifeline unless a professional engineer specifically authorizes such use and provides written instructions for such use.
(3) If the lack of visibility of a rope rail is a hazard, high visibility coloured markers or flagging must be installed on the top rail of the guardrail system at intervals not exceeding 2 m (6.5 ft.).
(4) Once installation of a guardrail system described in section 1 [scope] is complete and before the system is relied on as the fall protection system for the work area, the employer must ensure the following:
(a) the rope rail and the guardrail system is inspected by a qualified person;
(b) the qualified person is satisfied that the installation conforms to the written instructions of the professional engineer required by section 4 of this Schedule;
(c) the qualified person provides the employer with a written record of the inspection that states that the guardrail system is properly installed;
(d) a copy of the record referred to in paragraph (c) is available at the workplace where the guardrail system is installed.
(5) In addition to the inspection required by subsection (4), the employer must ensure that the rope rail and the guardrail system is inspected by a qualified person at the start of each work shift to verify that
(a) the rope rail meets the tension requirements of section 3 (1) and (2) of this Schedule, and
(b) the guardrail system conforms to the written instructions referred to in subsection (4) (b) of this section.
(6) If, on inspection under subsection (5) or at any other time, the qualified person or any other person finds that
(a) the rope rail does not meet the tension requirements referred to in subsection (5), or
(b) the guardrail system does not conform to the written instructions referred to in subsection (4) (b),
no work is to take place in the affected area until the deficiency is corrected or the workers in the area are protected by an alternative fall protection system meeting the requirements of Part 11 [Fall Protection] of this Regulation.
Part 5 — Chemical Agents and Biological Agents
5.1 In this Part:
"8-hour TWA limit" means the time weighted average (TWA) concentration of a substance in air which may not be exceeded over a normal 8 hour work period;
"ACGIH" means
(a) the American Conference of Governmental Industrial Hygienists publication entitled Threshold Limit Values and Biological Exposure Indices, dated 2002, as amended from time to time, or
(b) the American Conference of Governmental Industrial Hygienists publication entitled Documentation of the Threshold Limit Values and Biological Exposure Indices, as amended from time to time;
"adverse health effect" means an acute or chronic injury, acute or chronic disease, or death;
"approved storage area" means a storage area which meets the requirements of article 4.2.7.5 of the BC Fire Code;
"approved storage cabinet" means a flammable liquids storage cabinet which bears a UL or ULC approval label for this purpose or which otherwise meets the requirements of subsection 4.2.10 of the BC Fire Code;
"approved storage room" means a room for container storage which meets the requirements of section 4.2.9 of the BC Fire Code;
"as low as reasonably achievable" or "ALARA" means, in reference to a substance, that measures must be taken to keep a worker's exposure to a level as low as is reasonably achievable;
"bulk shipment" means a shipment of a hazardous product that is contained in any of the following, without intermediate containment or intermediate packaging:
(a) a vessel that has a water capacity equal to or greater than 450 litres;
(b) a freight container, road vehicle, railway vehicle or portable tank;
"carcinogen" means a substance or a mixture of substances which is identified as a carcinogen in section 5.57 (1), or
(a) causes an increased incidence of benign or malignant neoplasms, or
(b) substantially decreases the latency period between exposure and onset of neoplasms in humans, or
(c) results in the induction of tumors at a site other than the site of administration in one or more experimental mammalian species as a result of any oral, respiratory, or dermal exposure, or any other exposure, or
(d) is metabolized into one or more potential occupational carcinogens by mammals;
"CAS registry number" means the identification number assigned to a chemical by the Chemical Abstracts Service, a division of the American Chemical Society;
"ceiling limit" means the concentration of a substance in air which may not be exceeded at any time during the work period;
"compressed gas" means a substance that meets the criteria for Physical Hazard Class — Gases Under Pressure, Part 7, Subpart 5 of the HPR;
"container" includes a bag, barrel, bottle, box, can, cylinder, drum or similar package or receptacle, but does not include a storage tank;
"continuous flow emergency shower facility" means a facility capable of delivering water with a spray pattern designed to effectively flush affected areas of the skin;
"continuous flow eyewash facility" means a plumbed or portable facility capable of delivering a minimum of 1.5 litres of water per minute (0.33 imp gal per min) with a water pressure not exceeding 175 kPa (25 psi) and with a spray pattern designed to effectively flush both eyes;
"drench hose" means a flexible hose connected to a water supply and capable of delivering a minimum of 11.4 litres of water per minute (2.5 imp gal per min), for use to flush the eyes and/or skin;
"flammable gas" means a substance that meets the criteria for Physical Hazard Class — Flammable Gases, Part 7, Subpart 2 of the HPR;
"fugitive emission" means a gas, liquid, solid, vapour, fume, mist, fog or dust that escapes from process equipment, emission control equipment or from a product where workers may be readily exposed;
"hazard information" means information on the proper and safe use, storage and handling of a hazardous product and includes information related to its health and physical hazards;
"Hazardous Materials Information Review Act" or "HMIRA" means the Hazardous Materials Information Review Act (Canada);
"Hazardous Products Act" or "HPA" means the Hazardous Products Act (Canada);
"Hazardous Products Regulations" or "HPR" means the Hazardous Products Regulations (Canada);
"hazardous waste" means a hazardous product that is acquired or generated for recycling or recovery or is intended for disposal;
"hazardous waste profile sheet" means a written description of the hazardous waste which identifies its hazardous characteristics, hazardous ingredients, and prescribes safe work procedures for handling, storing, using and disposing of the waste;
"IARC" means the International Agency for Research on Cancer publication Monographs on the Evaluation of Carcinogenic Risks to Humans, as amended from time to time;
"label" means a group of written, printed or graphic information elements that relate to a hazardous product, which group is designed to be affixed to, printed on or attached to the hazardous product or the container in which the hazardous product is packaged;
"laboratory sample" means a sample of a hazardous product that is packaged in a container that contains less than 10 kg of the hazardous product and is intended solely to be tested in a laboratory, but does not include a sample that is to be used
(a) by the laboratory for testing other products, mixtures, materials or substances, or
(b) for educational or demonstration purposes;
"manufactured article" means an article that is formed to a specific shape or design during manufacture, the intended use of which, when in that form, is dependent in whole or in part on its shape or design and that, under normal conditions of use, will not release or otherwise cause an individual to be exposed to a hazardous product;
"personal eyewash unit" means an eyewash that supplements an emergency eyewash facility by delivering immediate flushing for less than 15 minutes;
"portable tank" means a closed container that is designed to be movable while containing liquid, which is equipped with skids, mountings or accessories to facilitate handling of the tank by mechanical means and is not permanently attached to a transporting vehicle, as defined in the BC Fire Code;
"product identifier" means, in respect of a hazardous product, the brand name, chemical name, common name, generic name or trade name;
"readily available" means, when used in connection with an SDS, present in an appropriate place and in the form of either
(a) a physical copy that can be handled, or
that is accessible to a worker at all times;
"short-term exposure limit" or "STEL" means the time weighted average (TWA) concentration of a substance in air which may not be exceeded over any 15 minute period, limited to no more than 4 such periods in an 8 hour work shift with at least one hour between any 2 successive 15 minute excursion periods;
"significant new data" means new data regarding the hazard presented by a hazardous product that change its classification in a category or subcategory of a hazard class, or result in its classification in another hazard class, or change the ways to protect against the hazard presented by the hazardous product;
"storage tank" means a closed container that has a capacity of more than 250 litres (55 imp gal) and is designed to be installed in a fixed location, as defined in the BC Fire Code;
"supplementary eyewash facility" means a personal eyewash unit or a drench hose;
"supplier label" means a label provided by a supplier that contains the information elements required by the Hazardous Products Act;
"tempered" means maintained at temperatures from 15°C to 30°C (60°F to 85°F);
"temporary" means non-routine work, and does not refer to routine work of short duration;
"workplace label" means a label that discloses
(a) a product identifier that is identical to that found on the SDS of the corresponding hazardous product,
(b) information for the safe handling of the hazardous product that is conveyed in a manner appropriate to the workplace, and
(c) that an SDS, if supplied or produced, is available.
[am. B.C. Regs. 185/99, s. 32; 315/2003, App. A, s. 3; 319/2007, App. A, s. 2; 258/2008, App. C, s. 1; 30/2015, s. 3.]
5.1.1 For the purposes of sections 5.2 and 6.33 to 6.40 and Part 30, the following biological agents are designated as hazardous substances:
(a) a liquid or solid material that is contaminated with a prion, virus, bacterium, fungus or other biological agent that has a classification given by the Public Health Agency of Canada as a Risk Group 2, 3 or 4 human pathogen that causes an adverse health effect;
(b) a biological toxin that causes an adverse health effect.
[en. B.C. Reg. 319/2007, App. A, s. 3; am. B.C. Reg. 312/2010, App. N, s. 1.]
5.2 If a worker is or may be exposed to a chemical agent, or biological agent designated as a hazardous substance in section 5.1.1, which could cause an adverse health effect, the employer must ensure that
(a) the identity of the chemical agent or biological agent, its possible effects on worker health and safety and any precautions required to protect the health and safety of the worker are clearly indicated by labels, SDSs, or other similar means,
(b) the information required by paragraph (a) is clearly communicated to the worker,
(c) written procedures are prepared and implemented to eliminate or minimize a risk of exposure to a chemical agent or biological agent by any route that could cause an adverse health effect, and to address emergency and cleanup procedures in the event of a spill or release of a chemical agent or biological agent, and
(d) the supervisor and the worker are trained in and follow the measures required in this Part and Part 6 of this Regulation for the safe handling, use, storage and disposal of the chemical agent or biological agent, including emergency and spill cleanup procedures.
[am. B.C. Regs. 319/2007, App. A, s. 4; 30/2015, s. 4.]
Workplace Hazardous Materials Information System (WHMIS)
5.3 (1) Subject to subsections (2) to (4), sections 5.4 to 5.18 (the WHMIS Requirements) apply to employers and workers with respect to hazardous products used, stored or handled at a workplace.
(2) The provisions concerning a supplier label and SDS do not apply if the hazardous product is
(a) an explosive as defined in section 2 of the Explosives Act (Canada),
(b) a drug, food or cosmetic device within the meaning of the Food and Drugs Act (Canada),
(c) a pest control product as defined in section 2 (1) of the Pest Control Products Act (Canada),
(d) a nuclear substance as defined in section 2 of the Nuclear Safety and Control Act (Canada), that is radioactive, or
(e) a consumer product as defined in section 2 of the Canada Consumer Product Safety Act.
(3) The provisions do not apply if the hazardous product is
(a) wood or a product made of wood,
(b) tobacco or a tobacco product as defined in section 2 of the Tobacco Act (Canada),
(c) a manufactured article, or
(d) being transported or handled pursuant to the requirements of the Transportation of Dangerous Goods Act, 1992 (Canada) or the Transport of Dangerous Goods Act.
(4) The provisions do not apply to a hazardous waste, except that the employer must ensure the safe storage and handling of a hazardous waste generated at the workplace through the combination of worker training and the information required by this Regulation.
[am. B.C. Regs. 199/2014, App. C, s. 1; 30/2015, s. 5.]
5.4 (1) Subject to subsection (2), an employer must ensure that a hazardous product is not used, stored or handled in a workplace unless all the applicable WHMIS Requirements concerning labels, product identifiers, SDSs and worker education and training are complied with.
(2) An employer may store a hazardous product in a workplace while actively seeking information required by subsection (1).
[am. B.C. Reg. 30/2015, s. 6.]
5.5 If hazardous products are used in the workplace the employer, in consultation with the joint committee or health and safety representative, as applicable, must establish and maintain an effective WHMIS program, as part of the overall workplace health and safety program, which
(a) addresses applicable WHMIS Requirements including education and training,
(b) is reviewed at least annually, or more frequently if required by a change in work conditions or available hazard information, and
(c) provides for the periodic evaluation of the knowledge of workers using suitable means such as written tests and practical demonstrations.
[am. B.C. Reg. 30/2015, s. 7.]
5.6 (1) An employer must ensure that general WHMIS education, as it pertains to the workplace, is provided to workers on the
(a) elements of the WHMIS program,
(b) major hazards of the hazardous products in use in the workplace,
(c) rights and responsibilities of employers and workers, and
(d) content required on labels and SDSs, and the significance of this information.
(2) The employer must ensure that a worker who works with a hazardous product or may be exposed to a hazardous product in the course of the worker's work activities is informed about all hazard information received from the supplier concerning that hazardous product as well as any further hazard information of which the employer is aware or reasonably ought to be aware concerning the use, storage and handling of that hazardous product.
(3) If a hazardous product is produced in a workplace, the employer must ensure that a worker who works with or in proximity to the hazardous product or may be exposed to the hazardous product in the course of the worker's work activities has access to all hazard information of which the employer is aware or reasonably ought to be aware concerning the use, storage and handling of that hazardous product.
[am. B.C. Regs. 30/2015, s. 8; 116/2022, App. B, s. 6.]
5.7 (1) An employer must ensure that a worker who works with a hazardous product or may be exposed to a hazardous product in the course of the worker's work activities is trained in the following:
(a) the content required on a supplier label and workplace label, and the purpose and significance of the information contained on those labels;
(b) the content required on an SDS and the purpose and significance of the information contained on the SDS;
(c) procedures for the safe use, storage, handling and disposal of the hazardous product;
(d) procedures for the safe use, handling and disposal of the hazardous product contained or transferred in
(i) a pipe or a piping system including valves,
(ii) a process or reaction vessel, or
(iii) a tank car, tank truck, ore car, conveyor belt or similar conveyance;
(e) procedures to be followed where fugitive emissions are present if workers may be exposed to those fugitive emissions;
(f) procedures to be followed in case of an emergency involving the hazardous product.
(2) Instruction required by subsection (1) must be specific to the workplace and cover the safe work procedures and emergency response procedures to be used in the workplace.
[am. B.C. Regs. 30/2015, s. 9; 116/2022, App. B, s. 6.]
5.8 (1) Subject to any exemptions from labelling requirements in the Hazardous Products Regulations and this Part, an employer must ensure that a hazardous product or the container of a hazardous product received at a workplace is attached or printed with a supplier label.
(2) Subject to any exemptions from labelling requirements in the Hazardous Products Regulations and this Part, an employer must not remove, deface, modify or alter the supplier label, as long as any amount of a hazardous product remains in a workplace in the container in which it was received from the supplier.
(3) Subject to any exemptions from labelling requirements in the Hazardous Products Regulations and this Part, an employer must replace the label with either a supplier label or a workplace label if a supplier label applied to a hazardous product or a container of a hazardous product becomes illegible or is accidentally removed from the hazardous product or the container.
(4) If an employer imports and receives a hazardous product under the Hazardous Products Regulations at the workplace, without a supplier label or with a supplier label that does not comply with the Hazardous Products Regulations, the employer must affix a workplace label that meets the requirements of the Hazardous Products Regulations.
(5) The employer must update the labels or the information on containers as soon as significant new data is provided to the employer by the supplier.
(6) An employer who has received an unpackaged hazardous product or a hazardous product transported as a bulk shipment, to which, under the exemption in the Hazardous Products Regulations, a supplier label has not been affixed or attached, must apply a label having the information required of a supplier label to the container of the hazardous product or to the hazardous product in the workplace.
(7) Subsections (2) and (3) do not apply if a label is removed under normal conditions of use of a hazardous product that is in a container that has a capacity of 3 ml or less and the label interferes with the normal use of the product.
[en. B.C. Reg. 30/2015, s. 10.]
5.9 (1) If an employer produces a hazardous product at a workplace, the employer must ensure that a workplace label is applied to the hazardous product or the container of the hazardous product.
(2) For purposes of subsection (1), "produces" does not include the escape of a hazardous product from equipment or from another product.
(3) Subsection (1) does not apply if the hazardous product is in a container that is intended to contain the hazardous product for sale or disposition and the container is or is about to be appropriately labelled.
(4) The employer must update the workplace label for a hazardous product produced by the employer as soon as significant new data are available to the employer.
[am. B.C. Reg. 30/2015, s. 11.]
5.10 (1) If a hazardous product in a workplace is in a container other than the container in which it was received from a supplier, the employer must ensure that the container has a workplace label applied to it.
(2) Subsection (1) does not apply to a portable container that is filled directly from a container that has a supplier label or workplace label applied to it
(i) is under the control of and is used exclusively by the worker who filled the portable container,
(ii) is used only during the shift in which the portable container was filled, and
(iii) the content of the container is clearly identified, or
(b) if all of the hazardous product is required for immediate use.
[am. B.C. Reg. 30/2015, s. 12.]
5.11 If a hazardous product in a workplace is contained or transferred in
(a) a pipe, or piping system including valves,
(b) a process or reaction vessel, or
(c) a tank car, tank truck, ore car, conveyor belt or similar conveyance,
the employer must ensure the safe use, storage and handling of the hazardous product through worker training and the use of labels, placards, or colour coding or any other mode of identification.
[am. B.C. Reg. 30/2015, s. 13.]
5.12 If the hazardous product is not in a container or is in a container in a form intended for export, the employer may fulfill the labelling requirements under sections 5.8 to 5.10 by posting a placard which
(a) discloses the information required for a workplace label, and
(b) is of a size and in locations so that the information is conspicuous and clearly legible to workers.
[am. B.C. Reg. 30/2015, s. 14.]
5.13 (1) If a laboratory sample of a hazardous product is the subject of a labelling exemption under the Hazardous Products Regulations, a label provided by the supplier and affixed to, printed on or attached to the container of the product received at the workplace that discloses the following information in place of the information required under the Hazardous Products Regulations complies with the requirements of section 5.8 of this Part with respect to a supplier label:
(a) the chemical name or generic chemical name of any material or substance in the hazardous product that, individually, is classified, pursuant to the Hazardous Products Act and the Hazardous Products Regulations, in any category or subcategory of a health hazard class and is present above the relevant concentration limit, or is present at a concentration that results in the mixture being classified in a category or subcategory of any health hazard class, if known by the supplier;
(b) the statement "Hazardous Laboratory Sample. For hazard information or in an emergency, call / Échantillon pour laboratoire de produit dangereux. Pour obtenir des renseignements sur les dangers ou en cas d'urgence, composez" followed by an emergency telephone number for the purpose of obtaining information that must be provided on the SDS of the hazardous product.
(2) If a hazardous product is in a container other than the container in which it was received from a supplier, or is produced in the workplace, the employer is exempt from the requirement set out in section 5.10 if the hazardous product
(b) is intended by the employer solely for use, analysis, testing or evaluation in a laboratory, and
(c) is clearly identified through a combination of
(i) a mode of identification visible to workers at the workplace, and
(ii) worker education and training required by this Part.
(3) The employer must ensure that the mode of identification and worker education and training referred to in subsection (2) (c) enable the worker to readily identify and obtain either the information required on an SDS, if one has been produced, or a label or document disclosing the information referred to in subsection (1) (a) and (b) with respect to the hazardous product or the laboratory sample.
[en. B.C. Reg. 30/2015, s. 15.]
5.14 (1) Subject to subsection (6), an employer who acquires a hazardous product for use, handling or storage at a workplace must obtain a supplier SDS in respect of that hazardous product that complies with the requirements of the Hazardous Products Regulations.
(2) When a supplier SDS obtained under subsection (1) for a hazardous product is 3 years old, the employer must obtain from the supplier an up-to-date supplier SDS in respect of any of that hazardous product in the workplace at that time.
(3) Subsection (2) does not apply if
(a) the employer has obtained written confirmation from the supplier that
(i) the SDS has not changed, or
(ii) the up-to-date supplier SDS does not apply to the hazardous product, or
(b) it is not practicable for the employer to obtain the up-to-date SDS or written confirmation under paragraph (a).
(4) If the employer is unable to obtain an SDS as required by subsection (2), the employer must add to the existing supplier SDS any significant new data or new hazard information applicable to that hazardous product that the employer is aware of, or ought reasonably to be aware of, on the basis of the ingredients disclosed in that document.
(5) The employer may provide at a workplace an SDS in a format different from the format provided by the supplier or containing additional hazard information if the SDS provided by the employer
(a) subject to section 5.18, contains no less content than the supplier SDS, and
(b) the supplier SDS is available at the workplace and the employer-provided SDS indicates that fact.
(6) If a supplier is exempted by the Hazardous Products Regulations from the requirement to provide an SDS for a hazardous product, the employer is exempt from the requirement to obtain and provide an SDS for that hazardous product.
[en. B.C. Reg. 30/2015, s. 16.]
5.15 (1) If an employer produces a hazardous product in the workplace, the employer must prepare an SDS in respect of that product that discloses, subject to section 5.18, the information required under the Hazardous Products Regulations.
(2) For the purpose of subsection (1), "produces" does not include the escape of a hazardous product from equipment or from another product nor does it include intermediate products undergoing reaction within a reaction or process vessel.
(3) The employer must update the SDS referred to in subsection (1) as soon as practicable after significant new data or new hazard information becomes available to the employer.
[am. B.C. Reg. 30/2015, s. 17.]
5.16 (1) An employer must ensure that a copy of an SDS required by sections 5.14 or 5.15 is made readily available
(a) at the workplace to workers who may be exposed to the hazardous product, and
(b) to the joint committee or to the worker health and safety representative, as applicable.
(2) If an employer is required by subsection (1) to make an SDS readily available, the joint committee or worker health and safety representative, as applicable, must be consulted on the means on how best to achieve SDS accessibility in the workplace.
[am. B.C. Regs. 185/99, s. 33; 30/2015, s. 18.]
5.16.1 Subject to section 5.18, if an employer manufactures a hazardous product in a workplace, the employer must disclose as quickly as practicable the source of any toxicological data used in preparing the SDS required by section 5.15 (1), at the request of
(a) any concerned worker at the workplace, the joint committee or the worker health and safety representative,
(b) the representative of the workers at the workplace, in the absence of a joint committee or worker health and safety representative, or
[en. B.C. Reg. 30/2015, s. 19.]
5.17 If an employer claims an exemption under section 5.18, the employer may delete the information that is the subject of the claim from the SDS required by sections 5.14 and 5.15 for the time period in section 5.18 (8), but may not delete hazard information.
[am. B.C. Reg. 30/2015, s. 20.]
5.18 (1) An employer who is required, under this Regulation, to disclose any of the following information on a label or SDS may, if the employer considers it to be confidential business information, claim an exemption from the requirement to disclose the information:
(a) in the case of a material or substance that is a hazardous product,
(i) the chemical name of the material or substance,
(ii) the CAS registry number, or any other unique identifier, of the material or substance, and
(iii) the chemical name of any impurity, stabilizing solvent or stabilizing additive that is present in the material or substance, that is classified in a category or subcategory of a health hazard class under the Hazardous Products Act and that contributes to the classification of the material or substance in the health hazard class under that Act;
(b) in the case of an ingredient that is in a mixture that is a hazardous product,
(i) the chemical name of the ingredient,
(ii) the CAS registry number, or any other unique identifier, of the ingredient, and
(iii) the concentration or concentration range of the ingredient;
(c) in the case of a material, substance or mixture that is a hazardous product, the name of any toxicological study that identifies the material or substance or any ingredient in the mixture;
(d) the product identifier of a hazardous product, being its chemical name, common name, generic name, trade name or brand name;
(e) information about a hazardous product, other than the product identifier, that constitutes a means of identification;
(f) information that could be used to identify a supplier of a hazardous product.
(2) A claim under subsection (1) must be made under the Hazardous Materials Information Review Act and must be filed in accordance with the procedures established under that Act and the regulations made under it.
(3) An employer is deemed to comply with section 5.15 of this Regulation if the employer produces a hazardous product in the workplace and files a claim for exemption under section 11 (2) (a) or (b) (i) or (ii) of the Hazardous Materials Information Review Act, and the employer prepares an SDS in respect of that hazardous product that discloses the following in place of the information elements listed in section 3 (1) (a), (b), (c) and (d) or 3 (2) (a), (b) and (c) of Schedule 1 of the Hazardous Products Regulations:
(a) in the case of a hazardous product that is a material or substance, the generic chemical name of the material or substance;
(b) in the case of a hazardous product that is a mixture, the generic chemical name of each material or substance in the mixture that, individually, is classified in any category or subcategory of a health hazard class and is present above the applicable concentration limit or is present at a concentration that results in the mixture being classified in a category or subcategory of any health hazard class.
(4) An employer is deemed to comply with section 5.15 of this Regulation if the employer produces a hazardous product in the workplace and files a claim for exemption under section 11 (2) (b) (iii) of the Hazardous Materials Information Review Act, and the employer prepares an SDS in respect of that hazardous product that does not disclose the information element listed in section 3 (2) (d) of Schedule 1 of the Hazardous Products Regulations.
(5) An employer is deemed to comply with section 5.15 of this Regulation if the employer produces a hazardous product in the workplace and files a claim for exemption under section 11 (2) (d) of the Hazardous Materials Information Review Act, and the employer prepares an SDS in respect of that hazardous product that discloses, in place of the product identifier, a code name or code number for the product.
(6) An employer who files a claim for exemption from a requirement to disclose information in respect of a hazardous product on an SDS or on a label must disclose on the SDS and, where applicable, on the label of the hazardous product or the container of the hazardous product,
(a) the date that the claim for exemption was filed, and
(b) the registry number assigned to the claim under the Hazardous Materials Information Review Act.
(7) The requirements referred to in subsection (6) apply until
(a) in the case of an order that was issued by a screening officer under the Hazardous Materials Information Review Act, the end of the period that begins on the final disposition of the proceedings under that Act in relation to the claim for exemption and does not exceed the period specified in the order, or
(b) in any other case, the end of the period not exceeding 30 days after the final disposition of the proceedings in relation to the claim for exemption.
(8) Information that an employer considers to be confidential business information is exempt from disclosure from the time a claim is filed under subsection (2) until the final disposition of the proceedings under the Hazardous Materials Information Review Act in relation to the claim and for a period of 3 years after that if the claim is found to be valid.
(9) An employer who receives notice of a decision made under the Hazardous Materials Information Review Act that the employer's claim or a portion of the employer's claim for exemption from a requirement to provide information in respect of a hazardous product on an SDS or a label is valid must, during the period beginning no later than the end of the applicable period specified in subsection (7) of this section and on compliance with any order issued under section 16 (1) or 17 (1) of the Hazardous Materials Information Review Act, if applicable, and ending on the last day of the exemption period, in respect of the sale or importation of the hazardous product, disclose on the SDS and, if applicable, on the label of the hazardous product or container in which the hazardous product is packaged, the following information:
(a) a statement that an exemption has been granted;
(b) the date of the decision granting the exemption;
(c) the registry number assigned to the claim under the Hazardous Materials Information Review Act.
(10) An employer who makes a claim under subsection (1) must abide by the decisions and orders issued under the Hazardous Materials Information Review Act.
(11) An appeal from a decision or order referred to in subsection (10) may be made under and in accordance with the Hazardous Materials Information Review Act and any regulations made under that Act.
[en. B.C. Reg. 30/2015, s. 21.]
5.20 The container of a hazardous substance must be designed, constructed and maintained in good condition to securely contain the substance.
[am. B.C. Reg. 185/99, s. 37.]
5.21 Any material used to contain, transfer or convey a hazardous substance must be reasonably resistant to the substance and to any other substance to which it may be exposed.
[am. B.C. Reg. 185/99, s. 37.]
5.22 If an open container of a hazardous substance could pose a hazard, the container must be kept sealed or covered when not in use.
[am. B.C. Reg. 185/99, s. 37.]
5.23 (1) The amount of a hazardous substance in a work area must not exceed the quantity reasonably needed for work in progress, normally in one work shift.
(2) Bulk or reserve quantities must be stored in a designated area separate from the work area.
5.24 Substances which are incompatible must not be stored in a manner that would allow them to mix in the event of container leakage, breakage or other such circumstance.
5.25 A hazardous substance must be stored in a designated area, in a manner which ensures that it will not readily fall, become dislodged, suffer damage, or be exposed to conditions of extreme temperature.
5.26 The designated storage area for a hazardous substance must be
(a) designed and constructed to provide for the safe containment of the contents,
(b) clearly identified by signs, placards or similar means,
(c) designed and maintained to allow the safe movement of workers, equipment and material,
(d) provided with adequate ventilation and lighting, and
(e) in a location not normally occupied by workers, and not in a location such as a lunchroom, eating area, change room, clothing storage locker or passenger compartment of a vehicle.
Flammable and Combustible Substances
5.27 (0.1) Repealed. [B.C. Reg. 9/2017, App. D, s. 2 (a).]
(1) When a combustible liquid normally used as fuel, a flammable gas or a flammable liquid is handled, used or stored, all sources of ignition must be eliminated or adequately controlled.
(2) For the purposes of subsection (1) sources of ignition include open flame, spark-producing mechanical equipment, welding and cutting processes, smoking, static discharge and any electrical equipment or installation that is not permitted under the B.C. Electrical Code for use in hazardous locations.
(3) If the work involves more than one employer, the prime contractor or, if there is no prime contractor, the owner must ensure that sources of ignition resulting from the work of one employer are eliminated or adequately controlled in any work area where a combustible liquid normally used as fuel, a flammable gas or a flammable liquid is handled, used or stored by any other employer.
[am. B.C. Regs. 199/2014, App. C, s. 2; 9/2017, App. D, s. 2; 14/2019, App. G, s. 1; 222/2021, App. A, s. 2.]
5.28 If a metallic or other conductive container is used to transfer a combustible liquid normally used as fuel, a flammable liquid or a flammable gas to another metallic or other conductive container, the containers must be electrically bonded to each other or electrically grounded while the liquid or gas is being transferred.
[en. B.C. Reg. 222/2021, App. A, s. 3.]
5.29 If glass, plastic or other non-conductive container with a capacity of 23 litres (5 imp gal) or more is used to transfer a flammable liquid, the accumulation of electrostatic charge near the surface of the liquid must be eliminated or controlled by
(a) limiting the flow velocity of the liquid to less than 1 m/s (200 fpm),
(b) using a grounded lance or nozzle extending to the bottom of the container,
5.30 If a flammable liquid is dispensed or transferred inside a flammable liquids storage room,
(a) the storage room must be mechanically ventilated at a rate of at least 18 m3/hr per square metre of floor area (1 cfm/sq ft), but not less than 250 m3/hr (150 cfm),
(b) exhaust air must be discharged to the outdoors, and makeup air provided,
(c) any makeup air duct passing through a fire separation must be equipped with an approved fire damper, and
5.31 If it is not practicable to maintain the airborne concentration of a flammable gas or vapour below the applicable exposure limit, for example, in a temporary situation or an emergency,
(a) only the minimum number of workers necessary for the work may be exposed,
(b) every worker exposed must be adequately trained and equipped to safely perform the required duties,
(c) the concentration of the flammable gas or vapour must not exceed 20% of the lower explosive limit (LEL), and
(d) in a life-threatening emergency only, exposure of emergency response workers is permitted above 20% of the LEL, provided that only those qualified and properly trained and equipped workers necessary to correct the unsafe condition are exposed to the hazard and every possible effort is made to control the hazard while this is being done.
5.32 A flammable liquid must not be used as a manual cleaning solvent unless
(a) a thorough review of alternative solvents by the employer indicates that a suitable non-flammable substitute is not available,
(b) appropriate written safe work procedures are implemented to effectively control flammability and health hazards,
(c) the quantity of liquid used is minimized, and
(d) the worker is instructed and trained in the safe work procedures.
(e) Repealed. [B.C. Reg. 222/2021, App. A, s. 4.]
[am. B.C. Reg. 222/2021, App. A, s. 4.]
5.33 Except for the quantity reasonably needed for immediate use, or that is present for display or sale in public areas of a mercantile facility, the quantity of combustible and flammable liquids stored outside an approved storage cabinet, storage room or storage area in any fire compartment (2 hour fire separation) of a building must not exceed
(a) in closed containers, 600 litres (132 imp gal) of liquids having a flash point below 93.3°C (200°F) of which not more than 100 litres (22 imp gal) may be liquids having a flash point below 22.8°C (73°F) and a boiling point below 37.8°C (100°F), and
(b) in storage tanks or portable tanks, 5 000 litres (1 100 imp gal) of liquids having a flash point below 93.3°C (200°F) and a boiling point at or above 37.8°C (100°F).
5.34 Except for packaging used to contain flammable or combustible liquids, combustible shelves, racks and other materials are not permitted inside a flammable or combustible liquids storage room or storage cabinet unless required as part of a fire separation.
5.35 If a flammable liquids storage cabinet is vented, the vent must be a steel pipe at least 5 cm (2 in) in diameter which is connected directly to the outdoors.
5.36 (1) A tank, cylinder, bottle or other vessel containing a substance under pressure, together with any associated pressure or flow regulator and piping or conveyance system, must be
(a) protected from sparks, flames, excessive heat, physical damage, electrical contact or corrosion, and
(b) equipped with suitable pressure relief mechanisms installed so that no worker will be endangered in the event of discharge.
(c) Repealed. [B.C. Reg. 312/2003, App. B, s. 3 (c).]
(2) Hand-held aerosol spray cans are exempt from the requirements of subsection (1) (b).
[am. B.C. Reg. 312/2003, App. B, s. 3.]
5.37 A compressed gas container which requires pressure testing must bear a valid and current indication that it has been pressure tested.
5.38 (1) A compressed gas cylinder must not be hoisted by a sling or magnet, dropped, subjected to impact, handled by the regulator or used as a roller or work support.
(2) A compressed gas cylinder must be secured to prevent falling or rolling during storage, transportation and use, and where practicable, must be kept in the upright position.
5.39 A compressed gas cylinder must be marked to indicate its rated pressure and the type of gas it contains.
5.40 (1) The valve on a compressed gas cylinder must be kept closed when the cylinder is empty or not in use.
(2) A worker must not stand directly in front of a regulator attached to a compressed gas cylinder when the cylinder valve is being opened.
(3) Any valve, regulator or fitting connected to a compressed gas cylinder must be a standard fitting, designed and manufactured for the type of cylinder and compressed gas for which it will be used, and must include provisions for flashback arresters where necessary.
(4) Unless a compressed gas cylinder is equipped with an integral valve guard, the valve cover must be in position when the cylinder is not connected for use.
5.41 Only standard fittings designed for the specific compressed gas service may be used with a compressed gas system.
5.43 An empty compressed gas cylinder must be identified as being empty and must be stored separately from other compressed gas cylinders.
5.44 (1) A compressed gas cylinder containing acetylene must be used only in the upright position.
(2) If the cylinder has been stored or transported in a horizontal position, it must be placed in the upright position for at least 1 hour before it is used.
(3) A suitable device for closing the valve on an acetylene cylinder must be immediately available when the cylinder is connected for use.
5.45 A fitting or tube made of copper or any alloy containing more than 67% copper must not be used in a system carrying acetylene gas, except for copper torch tips and lengths of copper tubing 30 cm (1 ft) or less in length which are open to the atmosphere.
5.46 (1) Oxygen gas must not be used in any circumstance where it can contact a substance that oxidizes readily, such as a petroleum product, natural fibre or metal powder.
(2) Oxygen gas must not be used to
(b) start an internal combustion engine,
(c) clean equipment or clothing,
5.47 A worker must not permit oil or grease to contact an oxygen cylinder valve, regulator, or fitting.
5.48 Except as otherwise determined by the Board, the employer must ensure that no worker is exposed to a substance that exceeds the ceiling limit, short-term exposure limit, or 8-hour TWA limit prescribed by ACGIH.
[en. B.C. Reg. 315/2003, App. A, s. 4.]
5.49 If a substance referred to under section 5.48 is provided only with an 8-hour TWA limit, the employer must, in addition to the requirement of section 5.48, ensure that a worker's exposure to the substance does not exceed
(a) three times the 8-hour TWA limit for more than a total of 30 minutes during the work period, and
(b) five times the 8-hour TWA limit at any time.
[en. B.C. Reg. 315/2003, App. A, s. 5; am. B.C. Reg. 243/2006, s. 2.]
5.50 (1) If the work period is more than 8 hours in a 24 hour day, the 8-hour TWA limit must be reduced by multiplying the TWA limit by the following factors:
| Factor | Length of work period (in hours) |
| 0.7 | more than 8, but not more than 10 |
| 0.5 | more than 10, but not more than 12 |
| 0.25 | more than 12, but not more than 16 |
| 0.1 | more than 16 |
(2) Repealed. [B.C. Reg. 188/2011, App. L, s. 1.]
[am. B.C. Regs. 315/2003, App. A, s. 6; 188/2011, App. L, s. 1.]
5.51 If there is exposure to a mixture of 2 or more substances with established exposure limits which exhibit similar toxicological effects, the effects of such exposure must be considered additive unless it is known otherwise, and the additive exposure must not exceed 100% when calculated as follows:
| AE = %EL1 + %EL2 + ...%ELn |
where
(a) AE is the calculated additive exposure to the mixture,
(b) % EL1 is the measured exposure to component 1 of the mixture expressed as a percentage of its exposure limit,
(c) %EL2 is the measured exposure to component 2 of the mixture expressed as a percentage of its exposure limit, and
(d) %ELn is the measured exposure to any additional components of the mixture expressed as a percentage of their respective exposure limits.
[en. B.C. Reg. 315/2003, App. A, s. 7.]
5.52 If skin absorption may contribute to the overall exposure, effective measures must be taken to limit exposure by this route.
5.53 (1) If a worker is or may be exposed to a hazardous substance, the employer must ensure that
(a) a walkthrough survey is conducted to assess the potential for overexposure taking into account all routes of exposure, including inhalation, ingestion, and skin contact, and
(b) reassessment is conducted when there is a change in work conditions which may increase the exposure, such as a change in production rate, process or equipment.
(2) If the walkthrough survey required by subsection (1) reveals that a worker may be at risk of overexposure to an airborne contaminant, the employer must ensure that air sampling is conducted to assess the potential for overexposure.
(3) Additional workplace monitoring to reliably determine worker exposure is required if
(a) the assessment under subsection (2) reveals that a worker may be exposed to an air contaminant in excess of 50% of its exposure limit, or
(b) measurement is not possible at 50% of the applicable exposure limit.
(4) Workplace exposure monitoring and assessment must be conducted using occupational hygiene methods acceptable to the Board.
(5) The results of workplace exposure monitoring and assessment, or a summary of the results, must be provided to workers at their request without undue delay.
[am. B.C. Reg. 185/99, s. 38.]
5.54 (1) An exposure control plan must be implemented when
(a) exposure monitoring under section 5.53 (3) indicates that a worker is or may be exposed to an air contaminant in excess of 50% of its exposure limit,
(b) measurement is not possible at 50% of the applicable exposure limit, or
(c) otherwise required by this Regulation.
(2) The exposure control plan must incorporate the following elements:
(a) a statement of purpose and responsibilities;
(b) risk identification, assessment and control;
(d) written work procedures, when required;
(e) hygiene facilities and decontamination procedures, when required;
(f) health monitoring, when required;
(g) documentation, when required.
(3) The plan must be reviewed at least annually and updated as necessary by the employer, in consultation with the joint committee or the worker health and safety representative, as applicable.
[am. B.C. Reg. 185/99, s. 39.]
5.55 (1) If there is a risk to a worker from exposure to a hazardous substance by any route of exposure, the employer must eliminate the exposure, or otherwise control it below harmful levels and below the applicable exposure limit established under section 5.48 by
(c) administrative control, or
(d) personal protective equipment.
(2) When selecting a suitable substitute, the employer must ensure that the hazards of the substitute are known, and that the risk to workers is reduced by its use.
(3) The use of personal protective equipment as the primary means to control exposure is permitted only when
(a) substitution, or engineering or administrative controls are not practicable, or
(b) additional protection is required because engineering or administrative controls are insufficient to reduce exposure below the applicable exposure limits, or
(c) the exposure results from temporary or emergency conditions only.
[am. B.C. Regs. 185/99, s. 38; 315/2003, App. A, s. 8.]
5.56 The airborne concentration of any gas or vapour must be controlled so that a worker is not exposed to an oxygen deficient atmosphere, and there is no other hazard, such as fire or explosion.
5.57 (1) If a substance identified as any of the following is present in the workplace, the employer must replace it, if practicable, with a material which reduces the risk to workers:
(a) ACGIH A1 or A2, or IARC 1, 2A or 2B carcinogen;
(2) If it is not practicable to substitute a material which reduces the risk to workers, in accordance with subsection (1), the employer must implement an exposure control plan to maintain workers' exposure as low as reasonably achievable below the exposure limit established under section 5.48.
(3) The exposure control plan must meet the requirements of section 5.54.
[en. B.C. Reg. 315/2003, App. A, s. 9; am. B.C. Reg. 258/2008, App. C, s. 2.]
5.58 (1) At any worksite where a worker is exposed to a substance which is identified in section 5.57 (1) as an ACGIH reproductive toxin or an ACGIH sensitizer, the employer must develop policy and procedures appropriate to the risk, which may include protective reassignment.
(2) The policy and procedures required by subsection (1) must
(a) inform workers about the reproductive toxin and identify ways to minimize exposure to the toxin for a worker who has advised the employer of pregnancy or intent to conceive a child, and
(b) identify ways to eliminate or minimize exposure to a sensitizer for a worker who is or may be sensitized to that substance.
[am. B.C. Regs. 315/2003, App. A, s. 10; 258/2008, App. C, s. 3.]
5.59 (1) If a worker exhibits signs or reports symptoms of overexposure to a hazardous substance present in the workplace, the employer must investigate and assess the potential for exposure.
(2) If the assessment demonstrates that the signs or symptoms can be caused by exposure to a hazardous substance that is present in the workplace, further investigation must be conducted, in consultation with the joint committee or the worker health and safety representative, as applicable, to address and resolve the worker's concern.
(3) Records of the investigation required under subsection (2) must be made available to workers, and maintained by the employer for a minimum of 10 years.
[am. B.C. Reg. 185/99, s. 40.]
5.60 Sections 5.61 to 5.71 apply to ventilation used for the control of air contaminants in the workplace, except for heating, ventilation and air conditioning (HVAC) systems in buildings, which are subject to requirements on indoor air quality in Part 4 (General Conditions).
5.61 A ventilation system for controlling airborne contaminants in the workplace must be designed, installed and maintained using established engineering principles.
5.62 The employer or the employer's agent must submit to the Board drawings and specifications for an existing or proposed ventilation system if requested by the Board.
5.63 The owner of a building must permit an employer to install an exhaust ventilation and makeup air system to meet the requirements of this Part for controlling harmful air contaminants in the workplace, provided that all such work is subject to the approval of the owner acting reasonably.
5.64 (1) If ventilation is used as an engineering control, an air contaminant must be controlled at the source by an effective local exhaust ventilation system.
(2) If local exhaust ventilation is not practicable, general (dilution) ventilation, or a combination of general and local exhaust ventilation must be used.
5.65 A local exhaust ventilation system must be designed so that under normal work procedures a worker's breathing zone is not located between the source of contamination and the exhaust uptake.
5.66 A ventilation system must not be obstructed by material or equipment placed in front of the ventilation openings.
5.67 (1) An exhaust ventilation system used to control air contaminants in the workplace must remain in operation until the work process is completed and the air contaminants generated have been removed so as not to be a hazard to workers.
(2) An exhaust ventilation system used to control air contaminants in the workplace must be regularly inspected and monitored to ensure that it remains effective.
5.68 If failure of an exhaust ventilation system would result in a hazard that is not readily apparent to affected workers, the system must be equipped with a device or other means to warn those workers in the event of system failure.
5.69 (1) An adequate supply of makeup air must be provided as necessary to
(a) maintain the effectiveness of an exhaust ventilation system, or
(b) prevent an air contaminant being drawn into the work space from another work area.
(2) A makeup air supply must not expose a worker to uncomfortable temperatures or drafts.
5.70 (1) The use of a ventilation system designed to recirculate contaminants into the work area is restricted by the provisions of Table 5-1.
(2) A ventilation system that discharges air from the work area must be designed to minimize the likelihood of exposing any worker at a workplace, including an adjacent workplace,
(a) to an air contaminant in a concentration which exceeds either 10% of its applicable exposure limit in this Part or an acceptable ambient air quality standard established by an authority having jurisdiction over environmental air standards, whichever is greater, and
| Recirculation permitted without written approval | A nuisance particulate with an 8-hour TWA limit of at least 10 mg/m3, provided that its concentration in the discharged air is less than 10% of the TWA limit. Asbestos fibre or other particulate, except a biological contaminant, provided that it is exhausted from a portable vacuum cleaner or bench-top containment unit, fitted with an effective HEPA filter. A welding fume, (including its components identified under section 5.57 (1)) exhausted from a portable welding fume extractor fitted with an air cleaner, provided that its concentration in the discharged air is less than 10% of the applicable exposure limit. A biological contaminant discharged from a biological safety cabinet that is installed and operated in accordance with the requirements in Part 30 (Laboratories). Non-allergenic softwood dust, provided that its concentration in the discharged air is less than 10% of the 8-hour TWA limit. |
| Recirculation only with written approval by the Board | Allergenic wood dust. Non-allergenic hardwood dust. Any contaminant not otherwise listed in this Table. |
| No recirculation permitted | A substance identified under section 5.57 (1), unless otherwise identified in this Table. |
[am. B.C. Reg. 315/2003, App. A, s. 11.]
5.71 (1) If an operation or work process produces a combustible or flammable air contaminant in concentrations that may present a risk of fire or explosion, the employer must provide a separate exhaust ventilation system for the operation or work process.
(2) If electrical equipment used in an exhaust ventilation system required by subsection (1) contacts the air stream, the employer must ensure that the electrical equipment is permitted under the B.C. Electrical Code
(a) for use in that location, and
(b) for the specific air contaminants that are or may be present.
(3) A dust collector having an internal volume greater than 0.6 m3 (20 ft3) and being used to control combustible dusts must be located and constructed so that no worker will be endangered in the event of an explosion inside the collector.
[am. B.C. Regs. 312/2003, App. A, s. 6; 9/2017, App. D, s. 3.]
5.72 Whenever possible, exhaust from any internal combustion engine operated indoors must be vented to the outdoors.
5.73 If mobile equipment powered by an internal combustion engine is operated indoors or in an enclosed work area
(a) the engine must be adequately serviced and maintained to minimize the concentration of air contaminants in the exhaust, and
(b) the work area must be assessed to determine the potential for exposure of workers to harmful levels of exhaust components.
5.74 If a worker is or may be exposed to an exhaust gas component in concentrations exceeding the applicable exposure limits, exhaust gas scrubbers, catalytic converters, or other engineering controls must be installed.
5.75 Mobile equipment manufactured after January 1, 1999 that is regularly operated indoors must be
(a) equipped with an emission control system that includes a feedback control for air/fuel ratio, and a three-way catalytic converter if the mobile equipment is powered by gasoline, propane or natural gas, or other measures acceptable to the Board, or
(b) equipped with a scrubber or other emission control system that reduces particulate emissions by at least 70% when tested according to the procedures of the Mine Safety and Health Administration, US Department of Labour, or must meet another standard acceptable to the Board, if the mobile equipment is powered by diesel fuel.
[am. B.C. Reg. 381/2004, s. 1.]
Hazardous Wastes and Emissions
5.76 If an employer produces, stores, handles or disposes of a hazardous waste at a workplace, the employer must, except as provided in section 5.79, ensure that a workplace label is applied to each container of hazardous waste, or the information mandated by the Hazardous Products Regulations is provided, if applicable.
[am. B.C. Reg. 30/2015, s. 23.]
5.77 (1) An employer may identify a hazardous waste which is not in a container by posting a placard in a workplace which
(a) discloses the information required for a workplace label, and
(b) is of a size and in locations so that the information is conspicuous and clearly legible to workers.
(2) If a fugitive emission that contains a hazardous product is produced or disposed of, the employer must post a placard which complies with subsection (1), or ensure equivalent information is provided to workers through identification and training.
[am. B.C. Reg. 30/2015, s. 24.]
5.78 If a hazardous waste or a fugitive emission that contains a hazardous product is produced, stored, handled or disposed of in the workplace, the employer must prepare an SDS for the hazardous waste or fugitive emission unless a hazardous waste profile sheet or its equivalent which addresses composition, hazards and safe measures for the waste or fugitive emission is readily available.
[am. B.C. Reg. 30/2015, s. 25.]
5.79 An employer must not sell or dispose of a hazardous waste intended for use, handling, storage or disposal in a workplace unless
(a) the hazardous waste or container in which the waste is packaged has a label or placard which complies with sections 5.76 and 5.77, and
(b) at the time of sale or disposal the employer transmits to the receiver an SDS for the hazardous products in the hazardous waste or a hazardous waste profile sheet which addresses the composition, hazards and safe measures for the hazardous waste.
[am. B.C. Reg. 30/2015, s. 26.]
5.80 Broken glass, metal or similar rigid, sharp-edged waste must be disposed of in separate, puncture proof waste containers and the contents of the containers must be clearly identified.
5.81 If combustible dust collects in a building or structure or on machinery or equipment, it must be safely removed before accumulation of the dust could cause a fire or explosion.
5.82 (1) If a work process may result in harm to a worker from contamination of the worker's skin or clothing by a hazardous substance, the employer must
(a) supply appropriate protective clothing,
(b) launder or dispose of the protective clothing on a regular basis, according to the hazard,
(c) provide adequate wash facilities, and
(d) allow time for washing before each work break.
(2) If work processes involving substances such as lead, mercury, asbestos, silica or pesticides are high hazard, the employer must also ensure that workers are provided with
(a) clothing lockers in separate rooms for street clothing and work clothing,
(b) heated shower facilities between the rooms, and
(c) time for showering and clothing change before the end of the work shift.
(3) In a remote location where provision of change rooms and shower facilities is not practicable, separate clothing storage and adequate washing facilities must be provided.
5.83 A worker engaged in a work process described in section 5.82 must
(a) wear the supplied protective clothing,
(b) wash effectively before each work break and the end of the work shift, and
(c) shower at the end of the work shift, if required by the hazard.
5.84 Eating, drinking, smoking, applying cosmetics or storing food is prohibited in any work area where a work process described in section 5.82 takes place.
5.85 The employer must ensure that appropriate emergency washing facilities are provided within a work area where a worker's eyes or skin may be exposed to harmful or corrosive materials or other materials which may burn or irritate.
5.86 (1) For a plumbed emergency eyewash facility, the employer must ensure that only a potable water supply is used.
(2) For a portable (non-plumbed) eyewash unit, the employer must ensure that only potable water or an isotonic saline flushing solution is used.
5.87 The employer must ensure that access to emergency eyewash and shower facilities is not blocked by material or equipment.
5.88 The employer must ensure that the selection of emergency washing facilities is based upon an assessment of the risks present in the workplace, according to Table 5-2.
5.89 (1) The employer must ensure, except where it is not practicable to provide a permanent water supply, such as at a remote or transient worksite, that emergency eyewash and shower facilities are provided and located as specified in Table 5-3.
(2) Requirements for tempered water in Table 5-3 do not apply if the advice of a medical professional indicates that tempered washing would increase the risk of injury in a particular application.
5.90 (1) The employer must ensure that portable self-contained units are provided, where it is not practicable to provide a permanent water supply at transient worksites such as construction sites.
(2) The employer must ensure that portable self-contained units at these transient worksites are capable of delivering a minimum flush duration of 15 minutes (or more if required by the nature of the material) if there is a high or a moderate risk of injury to the eyes or skin.
5.91 The employer must ensure that effective means to flush the eyes or skin, based upon an assessment of the risk, is reasonably available at a remote worksite if it is not practicable to provide a portable self-contained unit.
5.92 The employer must ensure that emergency eyewash and shower facilities are clearly identified by signs which indicate their location and provide clear directions for their use.
5.93 (1) Repealed. [B.C. Reg. 312/2003, App. B, s. 5 (b).]
(2) The employer must ensure that a plumbed emergency eyewash or shower facility is full flow tested at least once per month, for a sufficient length of time to completely flush the branch of the water line supplying the eyewash.
(3) Repealed. [B.C. Reg. 312/2003, App. B, s. 5 (b).]
[am. B.C. Reg. 312/2003, App. B, s. 5.]
5.94 The employer must ensure that workers who are required to use emergency eyewash and shower facilities are adequately trained in their location and proper use.
5.95 The employer must ensure that an emergency eyewash or shower facility and the piping from the supply are protected against freezing.
| Risk Level | Description of the workplace | Examples |
| High risk | Workplaces at which corrosive chemicals or other materials are used in a manner, concentration and quantity which present a risk of irreversible tissue damage to the eyes or skin, or of serious illness resulting from rapid absorption of a toxic substance through the eyes or skin, or where the work activity presents a risk of ignition of the clothing. | Maintenance of ammonia refrigeration equipment or chlorine bleaching or disinfection equipment, handling corrosive materials such as corrosive cleaning products or chemical reagents where there is a high risk of skin or eye contact, filling chemical storage batteries. The following Health Hazard Classes and Categories in the HPR are included: (a) skin corrosion (1A), (1B), (1C); (b) serious eye damage (1). |
| Moderate risk | Workplaces at which chemicals or other materials are used in a manner, concentration and quantity which present a risk of irritation or other reversible harm to the eyes or skin, or of illness resulting from absorption of a toxic substance through the eyes or skin. | Spraying automotive paints and finishes, operating solvent degreasing equipment, handling irritant materials such as cleaning products or chemical reagents where there is a moderate risk of skin or eye contact, handling dry-cleaning solvents and spotting agents. The following Health Hazard Classes and Categories in the HPR are included: (a) eye irritation (2A), (2B); (b) skin irritation (2). |
| Low risk | Workplaces at which chemicals or other materials are used in a manner and quantity which present a risk of mild eye or skin irritation. | Using detergents, silicone-based mold-release agents, some hair-dressing solutions, rosin-cored solders, welding and grinding, working in dusty areas. |
[am. B.C. Reg. 30/2015, s. 27.]
| High risk | Moderate risk | Low risk | |
| Eye Equipment | Tempered, continuous flow eyewash facility with a minimum duration of 15 minutes (or more if required by the nature of the material). | Tempered, continuous flow eyewash facility with a minimum duration of 15 minutes. | Effective means to flush the eyes. |
| Location | Within 5 seconds walking distance of the hazard area, but no further than 6 m (20 ft). For high risk corrosive gases such as ammonia or chlorine, the facilities must not be located in the gas storage or use area, but rather, adjacent to it. | Within 10 seconds walking distance of the hazard area, but no further than 30 m (100 ft). May be located further than 30 m, provided that (a) a supplementary eyewash facility such as a personal eyewash unit or a non-tempered drench hose is located within 10 seconds walking distance of the hazard area but no further than 30 m, and (b) first aid services are maintained to start treatment of an affected worker within 5 minutes of the contact. | Within 10 seconds walking distance of the hazard area but no further than 30 m (100 ft). |
| Skin Equipment | Tempered, continuous flow emergency shower facility with a minimum duration of 15 minutes (or more if required by the nature of the material). | Tempered, continuous flow emergency shower facility with a minimum duration of 15 minutes. | Emergency flushing equipment, such as a non-tempered drench hose. |
| Location | Same location criteria as for high risk eyewash facility except that the shower may be located further than 6 m if (a) a supplementary emergency washing facility such as a non-tempered drench hose is located within 5 seconds walking distance of the hazard area but no further than 6 m, and (b) a tempered shower facility is available within the building to start emergency washing within 5 minutes of the contact. | Same location criteria as for moderate risk eyewash facility except that the supplementary emergency washing facility for locations beyond 30 m must be a unit such as non-tempered drench hose. | Same location criteria as for low risk eyewash facility. |
5.96 The employer must ensure that a valve which activates an emergency eyewash or shower facility is designed so that, once activated, the flow of water or flushing solution will continue without requiring the use of the operator's hands.
5.97 (1) A workplace must have a written emergency plan, appropriate to the hazards of the workplace, that addresses the requirements of sections 5.98 to 5.102.
(2) The plan must address emergency conditions which may arise from within the workplace and from adjacent workplaces.
(3) The plan must be developed, implemented and annually reviewed in consultation with the joint committee or the worker health and safety representative, as applicable.
[am. B.C. Reg. 185/99, s. 41.]
5.98 (1) An inventory must be maintained which identifies all hazardous substances at the workplace in quantities that may endanger workers in an emergency including hazardous products covered by WHMIS, explosives, pesticides, radioactive materials, hazardous wastes, and consumer products.
(2) The inventory must identify the nature, location, and approximate quantity of all such substances, and the location of SDSs.
[am. B.C. Reg. 30/2015, s. 28.]
5.99 An employer must ensure that an assessment is conducted of the risks posed by hazardous substances from accidental release, fire or other such emergency.
5.100 (1) Written evacuation procedures appropriate to the risk must be developed and implemented to
(a) notify workers, including the first aid attendant, of the nature and location of the emergency,
(c) check and confirm the safe evacuation of all workers,
(d) notify the fire department or other emergency responders, and
(e) notify adjacent workplaces or residences which may be affected if the risk of exposure to a substance extends beyond the workplace.
(2) Notification of the public must be in conformity with the requirements of other jurisdictions, including provincial and municipal agencies.
5.101 If workers are required to control a release of a hazardous substance, to perform cleanup of a spill, or to carry out testing before re-entry, the employer must provide
(a) adequate written safe work procedures,
(b) appropriate personal protective equipment which is readily available to workers and is adequately maintained, and
(c) material or equipment necessary for the control and disposal of the hazardous substance.
5.102 The employer must
(a) provide training in the appropriate emergency procedures to all workers who may be affected, and
(b) conduct drills to test the adequacy of procedures and to ensure that workers and supervisors are familiar with their roles and responsibilities.
Table 5-4
Repealed. [B.C. Reg. 315/2003, App. A, s. 12.]
Part 6 — Substance Specific Requirements
6.1 In this section and sections 6.2 to 6.32:
"asbestos certificate" means a certificate, issued by the Board or by a person acceptable to the Board, for the purposes of carrying out asbestos abatement work;
"asbestos-containing material" means the following:
(a) a manufactured article or other material, other than vermiculite insulation, that would be determined to contain at least 0.5% asbestos if tested in accordance with one of the following methods:
(i) Asbestos, Chrysotile by XRD, Method 9000 (Issue 2, dated August 15, 1994) in the NIOSH Manual of Analytical Methods, published by the United States National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention;
(ii) Asbestos (bulk) by PLM, Method 9002 (Issue 2, dated August 15, 1994) in the NIOSH Manual of Analytical Methods, published by the United States National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention;
(iii) Test Method for the Determination of Asbestos in Bulk Building Materials (EPA/600/R-93/116, dated July 1993) published by the United States Environmental Protection Agency;
(b) vermiculite insulation that would be determined to contain any asbestos if tested in accordance with the Research Method for Sampling and Analysis of Fibrous Amphibole in Vermiculite Attic Insulation (EPA/600/R-04/004, dated January 2004) published by the United States Environmental Protection Agency;
"clean room" means a room in a high risk decontamination facility which is used by workers to change from street clothes into protective work clothing and equipment prior to entering the designated work area;
"clearance air sampling" means sampling to determine if the air inside a containment of a high risk work activity is sufficiently free of asbestos fibre to permit the dismantling of the containment;
"containment" means an isolation system designed to effectively contain asbestos fibre within a designated work area where asbestos-containing material is handled, removed, encapsulated or enclosed, and includes a glove bag;
"decontamination facility" means a series of rooms constructed so as to allow a person to enter and leave a containment without spreading asbestos fibre or waste material beyond the designated work area;
"designated work area" means an area for work with asbestos-containing material which is restricted to access by authorized persons by warning signs and by barricades, enclosures or other means of isolation, with due regard for the level of risk;
"encapsulation" means treatment of an asbestos-containing material or surface with a sealant which penetrates the material and binds the fibres together;
"enclosure" means isolation of asbestos-containing material from adjacent occupied areas in a building by physical barriers such as gyproc, plywood, or metal sheeting, to prevent the release of airborne asbestos fibres into these areas;
"friable asbestos-containing material" means asbestos-containing material that is crumbled or powdered or can be crumbled or powdered by hand pressure;
"high risk work activity" means a work activity that involves working with or in proximity to asbestos-containing material if a high level of control is necessary in respect of that activity to prevent exposure of a worker to airborne asbestos fibre;
"low risk work activity" means a work activity that involves working with or in proximity to asbestos-containing material if, at the time the work activity is being carried out, both of the following apply:
(a) the asbestos-containing material is not being
(i) cut, sanded, drilled, broken, ground down or otherwise fragmented, or
(ii) disturbed such that the asbestos-containing material may release airborne asbestos fibre;
(b) it is not necessary to use personal protective equipment or engineering controls in respect of that activity to prevent exposure of a worker to airborne asbestos fibre;
"moderate risk work activity" means a work activity, other than a high risk work activity, that involves working with or in proximity to asbestos-containing material if, at the time the work activity is being carried out, one or both of the following apply:
(a) the asbestos-containing material is being
(i) cut, sanded, drilled, broken, ground down or otherwise fragmented, or
(ii) disturbed such that the asbestos-containing material may release airborne asbestos fibre;
(b) it is necessary to use personal protective equipment or engineering controls, or both, in respect of that activity to prevent exposure of a worker to airborne asbestos fibre;
"qualified person" means a person who
(a) has knowledge of the management and control of asbestos hazards through education and training, and
(b) has experience in the management and control of asbestos hazards.
[am. B.C. Regs. 312/2003, App. A, s. 7; 19/2006, s. 2; 188/2011, App. B, s. 1; 204/2023, s. 1.]
6.2 Sections 6.3 to 6.32 apply to a workplace where a worker is or may be exposed to potentially harmful levels of asbestos fibre, including a workplace where asbestos-containing material is present.
[en. B.C. Reg. 188/2011, App. B, s. 2.]
Asbestos Certification and Licensing
6.2.1 (1) A person must not carry out asbestos abatement work unless the person holds a valid asbestos certificate for that type of asbestos abatement work.
(2) A person who holds a valid asbestos certificate
(a) must carry out asbestos abatement work in accordance with any conditions on the person's asbestos certificate, and
(b) must, on the request of an officer, produce the asbestos certificate for inspection.
[en. B.C. Reg. 204/2023, s. 2.]
6.2.2 (1) Before the employer permits a person to carry out asbestos abatement work at a workplace, the employer must ensure that the person
(a) is capable of carrying out the asbestos abatement work in a competent and safe manner, taking into account
(i) the type of asbestos abatement work, and
(ii) the circumstances of the workplace, and
(b) holds a valid asbestos certificate for that type of asbestos abatement work.
(2) The employer must record the details of the asbestos certificate of each person who carries out asbestos abatement work at the workplace.
(3) The employer must ensure that asbestos abatement work at a workplace is carried out in accordance with any conditions on the asbestos certificate under which the asbestos abatement work is carried out.
[en. B.C. Reg. 204/2023, s. 2.]
6.2.3 (1) Before permitting an asbestos abatement contractor to carry out asbestos abatement work at a workplace, the owner and any person engaged by the owner to be the prime contractor must ensure that the asbestos abatement contractor holds a valid licence.
(2) Subsection (1) does not apply in relation to an asbestos abatement contractor in a class of asbestos abatement contractors exempted under section 59.03 (b) of the Workers Compensation Act.
[en. B.C. Reg. 204/2023, s. 2.]
6.3 (1) If a worker is or may be exposed to potentially harmful levels of asbestos, the employer must develop and implement an exposure control plan meeting the requirements of section 5.54.
(2) To ensure adequate coordination of the overall plan, the employer must ensure that it is administered by a properly trained person.
6.4 (1) The employer and the owner must ensure that a qualified person
(a) collects representative samples of the materials in the workplace that the qualified person suspects contain asbestos,
(b) determines whether each of the samples is asbestos-containing material in accordance with,
(i) in the case of a sample that is not vermiculite insulation, one of the methods set out in paragraph (a) (i) to (iii) of the definition of "asbestos-containing material" in section 6.1, and
(ii) in the case of a sample that is vermiculite insulation, the method set out in paragraph (b) of the definition of "asbestos-containing material" in section 6.1, and
(c) prepares an inventory of all asbestos-containing materials in the workplace that includes the following information:
(i) with respect to each representative sample collected under paragraph (a),
(A) the specific location of the sample,
(B) a description of the sample,
(C) whether the sample is asbestos-containing material as determined under paragraph (b),
(D) the method, set out in paragraph (a) (i) to (iii) or (b) of the definition of "asbestos-containing material" in section 6.1, used to determine if the sample is asbestos-containing material, and
(E) if the sample is determined to be asbestos-containing material, the type of asbestos, as determined under paragraph (b), and the percentage of the sample that is comprised of that asbestos;
(ii) with respect to each material that, under subsection (2), is treated under this Part as asbestos-containing material because it is inaccessible or not practicable to sample,
(A) the specific location of the material or, if the specific location is not known, the presumed location of the material,
(B) a description of the material, and
(C) how it is determined that the material is inaccessible or not practicable to sample;
(iii) the location of each of the asbestos-containing materials, including by using drawings, plans or specifications.
(2) If a qualified person suspects that a material in the workplace contains asbestos but determines that the material is inaccessible or not practicable to sample, the material must be treated under this Part as asbestos-containing material unless a qualified person, in accordance with subsection (1), determines that the material is not asbestos-containing material.
(3) The employer or the owner satisfies the employer's or owner's obligations under subsection (1) if the employer or the owner ensures that an existing inventory of all asbestoscontaining materials in the workplace meets the requirements of subsection (1).
(4) The employer and the owner must
(a) keep the inventory current, and
(b) make a record of any changes made to the inventory.
(5) The employer and the owner must provide each other with a copy of the inventory and record referred to in subsection (4) if the other does not already have a copy.
(6) The employer must ensure that a copy of the current version of the inventory is readily available at the workplace.
(7) The employer and the owner must retain
(a) the current version of the inventory until all the asbestos-containing materials are removed from the workplace, and
(b) the record referred to in subsection (4) (b).
[en. B.C. Reg. 188/2011, App. B, s. 3; am. B.C. Regs. 9/2017, App. E, s. 1; 116/2022, App. B, s. 7.]
6.5 The employer and the owner must ensure that all asbestos-containing materials present in the workplace are identified by signs, labels or, when these are not practicable, other effective means.
[am. B.C. Reg. 9/2017, App. E, s. 2.]
6.6 (1) The employer must ensure that a risk assessment is conducted by a qualified person on asbestos-containing material identified in the inventory referred to in section 6.4 (1) (c) or (3), as applicable, with due regard for the condition of the material, its friability, accessibility and likelihood of damage, and the potential for fibre release and exposure of workers.
(2) The employer must ensure that a risk assessment has been conducted by a qualified person before any demolition, alteration, or repair of machinery, equipment, or structures where asbestos-containing material may be disturbed.
(3) Before a work activity that involves working with or in proximity to asbestos-containing material begins the employer must ensure that a qualified person assesses the work activity and classifies it as a low risk work activity, a moderate risk work activity or a high risk work activity.
(4) Repealed. [B.C. Reg. 188/2011, App. B, s. 4 (d).]
[am. B.C. Regs. 188/2011, App. B, s. 4; 9/2017, App. E, s. 3.]
6.7 (1) The employer must ensure that all friable asbestos-containing materials in the workplace are controlled by removal, enclosure or encapsulation so as to prevent the release of airborne asbestos fibre.
(2) The employer must not allow any work that would disturb asbestos-containing material unless necessary precautions have been taken to protect workers.
[am. B.C. Reg. 188/2011, App. B, s. 5.]
6.8 (1) The employer must ensure that procedures for handling or using asbestos-containing material prevent or minimize the release of airborne asbestos fibres.
(2) The employer must ensure that the procedures for control, handling or use of asbestos are in accordance with procedures acceptable to the Board.
(3) The procedures must address
(a) containment of asbestos operations where applicable,
(b) control of the release of asbestos fibre,
(c) provision, use and maintenance of appropriate personal protective equipment and clothing,
(d) means for the decontamination of workers, and
(e) removal of asbestos waste and cleanup of asbestos waste material.
(4) The procedures must provide a worker with task-specific work direction that addresses both hazards and necessary controls.
6.9 (1) Except for waste intended for disposal, the employer must ensure crocidolite asbestos or material containing crocidolite asbestos is not brought into or used in a workplace.
(2) The spraying of asbestos or asbestos-containing material is not permitted.
(3) Pressure spraying equipment of any type must not be used to remove asbestos insulation or other asbestos-containing material from buildings or structures.
(4) The employer must not permit the use of compressed air to clean up or remove asbestos dust or debris, or dry sweeping or dry mopping of asbestos waste.
[am. B.C. Reg. 188/2011, App. B, s. 6.]
6.10 (1) The employer must substitute material less hazardous than asbestos-containing material when practicable.
(2) If such substitution is not practicable, the employer must document the reasons why less hazardous material cannot be substituted for asbestos-containing material, and make this documentation available to workers and to the joint committee or the worker health and safety representative, as applicable.
[am. B.C. Regs. 185/99, s. 43; 188/2011, App. B, s. 7.]
6.11 The employer must ensure that a worker who is at risk of exposure to asbestos is adequately instructed and trained in
(b) the means of identifying asbestos-containing material at the worksite,
(c) the work procedures to be followed,
(d) the correct use of the required personal protective equipment, and operation of the required engineering controls, and
(e) the purpose and significance of any required health monitoring.
6.12 (1) Repealed. [B.C. Reg. 312/2003, App. D, s. 4 (a).]
(2) During a high risk work activity, except where glove bags are used as the containment, the employer must sample for airborne asbestos fibre in
(a) areas outside of the containment but in its vicinity, at least daily if there are unprotected workers in the area,
(b) the clean room, at least daily during removal and cleanup operations, and
(c) contaminated areas inside the containment, as necessary during removal and cleanup to ensure that workers are adequately protected.
(3) The employer must make the results of all air samples taken during a high risk work activity available to the workers involved, within 24 hours of completing the collection of the samples.
(4) Except where glove bags are used as the containment, prior to dismantling a containment used in a high risk work activity and after all asbestos waste has been cleaned up, removed or otherwise controlled, the employer must ensure that
(a) clearance air sampling is conducted in previously contaminated areas inside the containment, and
(b) the airborne asbestos fibre levels in these areas do not exceed 0.02 f/ml.
[am. B.C. Regs. 312/2003, App. D, s. 4; 188/2011, App. B, s. 8.]
Designated Work Areas and Containments
6.13 (1) Before starting work with asbestos-containing material, the employer must, with due regard for the level of risk,
(a) identify and mark the boundary of the designated work area by barricades, fences, or similar means,
(b) ensure that the immediate work area is cleared of objects, materials and equipment other than that required to do the work, and
(c) ensure that windows, doorways and all other openings are adequately secured to prevent the release of asbestos fibre into other work areas.
(2) The employer must post signs at the boundaries of the designated work area indicating asbestos work is in progress, the hazards, and the precautions required for entering the work area.
(3) The employer must restrict entry into the designated work area to authorized persons who are adequately protected against the level of risk within the designated work area.
6.14 When asbestos-containing material in the workplace is controlled by a permanent enclosure, the employer must ensure that the enclosure is airtight, and if practicable, that electrical, plumbing, ventilation and similar services are located outside the enclosure.
6.15 The employer must ensure that when a prefabricated glove bag is used for the removal of asbestos insulation from pipes, ducts and similar structures
(a) the glove bag is sealed to prevent the release of asbestos fibres into the work area outside the bag,
(b) waste materials on surfaces are washed to the bottom of the glove bag and all exposed asbestos insulation is encapsulated while inside the glove bag enclosure,
(c) all glove bags are evacuated through a HEPA vacuum to remove the air inside the bag, prior to removal of the bag, and
(d) after removing the glove bag, all exposed surfaces are cleaned again.
[am. B.C. Reg. 312/2003, App. B, s. 6.]
6.16 (1) For high risk work activity the employer must provide and maintain a containment and a decontamination facility, except that a decontamination facility is not required if the containment is a glove bag.
(2) The employer must inspect a containment and a decontamination facility used for high risk work activity at least daily to ensure their effectiveness is maintained.
(3) The employer must ensure that the design of the decontamination facility includes
(a) a physical connection to the containment,
(c) provision for the safe entry and exit of workers.
(4) If the high risk work activity involves encapsulation of asbestos-containing material, the employer must ensure that the encapsulant penetrates the material and effectively binds the asbestos fibres together, and has not disturbed the bonding of the material to the supporting surface.
(5) At the completion of a high risk work activity and before dismantling the containment, the employer must
(a) visually inspect the area inside the containment to ensure that an effective cleanup has been completed, and
(b) treat all exposed surfaces inside the containment with a sealant to bind any remaining asbestos fibres and prevent them from becoming airborne.
[am. B.C. Reg. 188/2011, App. B, s. 8.]
6.17 The employer must, with the exception of a glove bag, ventilate a containment to ensure that
(a) air flows only from clean outside areas into the contaminated area,
(b) exhaust air from the containment ventilation system is directed to the outdoors through an effective HEPA filter, and
(c) there is an inward airflow through the decontamination facility into the containment.
6.18 The employer must provide local exhaust ventilation with exhaust air discharged through a HEPA filter for all dust-producing operations outside a containment where asbestos-containing material is handled or used.
[am. B.C. Reg. 188/2011, App. B, s. 9.]
6.19 (1) The employer must assess the effectiveness of HEPA filters by DOP (dioctyl phthalate) testing or similar means at least annually, after a HEPA filter is replaced in a vacuum cleaner or ventilation system, and before use in high risk work activity.
(2) Repealed. [B.C. Reg. 312/2003, App. B, s. 7.]
[am. B.C. Reg. 312/2003, App. B, s. 7.]
Other Means of Controlling Exposure to Asbestos
6.20 (1) Before starting work where exposed friable asbestos-containing material is present or asbestos-containing material has been handled, the employer must remove all asbestos dust from contaminated work surfaces with a damp cloth or similar material, or with a vacuum cleaner equipped with a HEPA-filtered exhaust.
(2) Work surfaces in the work area must be kept as free as practicable from accumulations of asbestos dust.
(3) Work surfaces in a designated work area must, with due regard for the level of risk, be covered with plastic sheets, tarpaulins or similar materials to help control the spread of asbestos-containing material.
[am. B.C. Reg. 188/2011, App. B, s. 10.]
6.21 The employer must prevent the spread of asbestos dust and debris to other work areas during the work.
6.22 Asbestos-containing material that is to be removed or disturbed must be effectively wetted before and during the work, whenever practicable.
6.23 When damaged asbestos-containing material is repaired, the employer must ensure that
(a) the repair methods will seal all exposed, friable ends or edges, and
(b) the methods used disturb the least amount of asbestos-containing material necessary to complete the repair.
6.24 If automotive service procedures may involve friction material that is asbestos-containing material or dust arising from such material, the employer must ensure that the following control measures are implemented:
(a) dry removal of friction material dust from automotive assemblies using compressed air, brushes, or other similar means is prohibited;
(b) service work areas where friction material is handled are posted with signs to advise workers of the hazards and required precautions;
(c) suitable work procedures are followed to minimize the generation of airborne dust;
(d) a worker handling equipment or assemblies contaminated with dust from friction material, outside of a HEPA-filtered vacuum enclosure system, wears suitable personal protective equipment, including disposable coveralls and at least a HEPA-filtered dual cartridge half face respirator;
(e) waste material that may be contaminated with asbestos is promptly collected and disposed of in accordance with applicable requirements;
(f) contaminated tools, equipment and work surfaces are cleaned after work is completed.
[am. B.C. Reg. 188/2011, App. B, s. 11.]
6.25 The employer must ensure that all asbestos waste and other waste contaminated with asbestos, including disposable protective clothing and cleanup equipment, is placed into sealed containers which are labelled as containing asbestos.
6.26 (1) The employer must ensure that the exterior of a container of asbestos waste is cleaned with a damp cloth or a vacuum cleaner equipped with a HEPA-filtered exhaust before being removed from a designated work area.
(2) Reusable tools and equipment contaminated with asbestos must be cleaned after work is completed.
6.27 (1) Before any work involving asbestos takes place, the employer must ensure that procedures for the safe removal of asbestos dust and debris from the work area are set out in writing by a qualified person.
(2) The written procedures must
(a) comply with the requirements set out in section 6.8,
(b) provide for removal of asbestos dust and debris from the work area
(i) while work is in progress, at intervals necessary to eliminate or minimize the risk of exposure,
(ii) at the end of each work shift, and
(iii) at the completion of work involving asbestos, and
(c) consider the nature of the asbestos dust and debris to be removed and provide specific direction regarding which of the following removal methods, or combination of the following removal methods, is most appropriate for safe removal of that asbestos dust and debris in relation to each of the times set out in paragraph (b) (i), (ii) and (iii):
(i) using a vacuum cleaner, or similar device, that is equipped with a HEPA-filtered exhaust;
(ii) wiping surfaces with a damp cloth or sponge to remove residual amounts of asbestos dust and debris;
(iii) wet sweeping or wet mopping to remove larger amounts of asbestos dust and debris;
(iv) using a shovel or similar device to place larger amounts of dampened asbestos debris into the sealed container required by section 6.25;
(v) using another method that is acceptable to the Board.
(3) The employer must ensure that
(a) every worker who is engaged in asbestos dust and debris removal at the work area is adequately instructed and trained in the written procedures of the qualified person under this section, and
(b) the written procedures of the qualified person are followed.
[en. B.C. Reg. 188/2011, App. M, s. 1.]
6.28 The employer must dispose of containers of asbestos waste promptly to prevent the accumulation of large amounts of asbestos waste.
Personal Protective Clothing and Equipment
6.29 (1) The employer must supply, and ensure that workers within a designated work area wear, respirators which are adequate for the anticipated level of exposure.
(2) The employer must ensure that a single use respirator is not used for protection against asbestos.
[am. B.C. Reg. 312/2010, App. G, s. 2.]
6.30 (1) The employer must ensure that all persons within a designated work area wear protective clothing which is made of material resistant to penetration by asbestos fibres, fits snugly at the neck, wrists and ankles, and as necessary to protect against the risk, covers the head and feet as well as the body.
(2) The employer must replace or repair any torn or damaged protective clothing immediately.
(3) Before a worker removes protective clothing and equipment, the employer must ensure that the worker cleans this gear with a damp cloth or a vacuum cleaner equipped with a HEPA-filtered exhaust.
(4) The employer must ensure that a worker removes protective clothing and equipment before leaving the designated work area.
(5) The employer must ensure that protective clothing contaminated with asbestos is, before reuse, cleaned with a vacuum cleaner equipped with a HEPA-filtered exhaust, and placed in a water-soluble plastic bag, which is sealed and labelled before being sent to an acceptable laundry facility.
6.31 The employer must ensure that workers who launder clothing contaminated with asbestos are informed of the hazards of asbestos and the precautions required for handling the clothing.
6.32 The employer must maintain, for at least 10 years, the following records respecting asbestos-containing materials:
(d) instruction and training of workers;
(e) incident investigation reports.
[en. B.C. Reg. 9/2017, App. E, s. 4.]
6.33 In sections 6.33 to 6.40:
"medical sharp" means a needle device, scalpel, lancet or any other medical device that can reasonably be expected to make parenteral contact;
"occupational exposure" means reasonably anticipated contact with a biological agent, that is designated as a hazardous substance in section 5.1.1, resulting from the performance of a worker's duties;
"parenteral contact" means piercing of mucous membranes or the skin;
"precautionary principle" means adopting provisional precautions covering all routes of transmission, based on a higher level of protection, when the identity, aetiology or routes of transmission of the biological agent designated as a hazardous substance in section 5.1.1 have not been established;
"route of transmission" means any route by which a biological agent designated as a hazardous substance in section 5.1.1 may be transmitted including contact, droplet or airborne transmission;
"safety-engineered medical sharp" means a medical sharp with a built-in safety feature or mechanism that eliminates or minimizes the risk of accidental parenteral contact while or after the sharp is used;
"safety-engineered needle" includes a self-sheathing needle device and a retractable needle system;
"standard or routine infection control precautions" means safe work practices as defined by the Practical Guidelines for Infection Control in Health Care Facilities issued by the World Health Organization, as amended from time to time, and the Infectious Diseases, Routine Practices and Additional Precautions for Preventing the Transmission of Infection in Health Care guidelines issued by Health Canada, as amended from time to time;
"transmission-based precautions" means safe work practices based on the route of transmission as defined by the Practical Guidelines for Infection Control in Health Care Facilities issued by the World Health Organization, as amended from time to time, and the Infectious Diseases, Routine Practices and Additional Precautions for Preventing the Transmission of Infection in Health Care guidelines issued by Health Canada, as amended from time to time.
[am. B.C. Regs. 241/2006, s. 1; 106/2007, s. 1; 319/2007, App. A, s. 6.]
6.34 (1) If a worker has or may have occupational exposure, the employer must develop and implement an exposure control plan, based on the precautionary principle, that meets the requirements of section 5.54 and that includes the following:
(a) a risk assessment conducted by a qualified person to determine if there is a potential for occupational exposure by any route of transmission;
(b) a list of all work activities for which there is a potential for occupational exposure;
(c) engineering controls and administrative controls to eliminate or minimize the potential for occupational exposure;
(d) standard or routine infection control precautions and transmission-based precautions for all work activities that have been identified as having a potential for occupational exposure, including
(i) housekeeping practices designed to keep the workplace clean and free from spills, splashes or other accidental contamination,
(ii) work procedures to ensure that contaminated laundry is isolated, bagged and handled as little as possible, and
(iii) work procedures to ensure that laboratory or other samples containing a biological agent designated as a hazardous substance in section 5.1.1 are handled in accordance with the Laboratory Biosafety Guidelines 3rd edition, 2004, issued by the Public Health Agency of Canada;
(e) a description of personal protective equipment designed to eliminate or minimize occupational exposure;
(f) a program to inform workers about the contents of the exposure control plan and to provide them with adequate education, training and supervision to work safely with, and in proximity to, a biological agent designated as a hazardous substance in section 5.1.1;
(g) a record of all training and education provided to workers in the program described in paragraph (f);
(h) a record of all workers who have been exposed, while performing work activities, to a biological agent designated as a hazardous substance in section 5.1.1.
[en. B.C. Reg. 319/2007, App. A, s. 7; am. B.C. Reg. 312/2010, App. N, s. 2.]
6.36 (1) Repealed. [B.C. Reg. 319/2007, App. A, s. 9.]
(1.1) On and after January 1, 2008, a needleless device or safety-engineered hollow bore needle must be used for the following procedures performed to care for or treat a person:
(a) withdrawal of body fluids;
(b) accessing a vein or artery;
(c) administration of medications or fluids;
(d) any other procedure involving the potential for an exposure to accidental parenteral contact for which a needleless system or safety-engineered hollow bore needle system is available.
(1.2) On and after October 1, 2008, any medical sharp used to care for or treat a person must be a safety-engineered medical sharp.
(1.3) Subsections (1.1) and (1.2) do not apply if
(a) use of the required device, needle or sharp is not clinically appropriate in the particular circumstances, or
(b) the required device, needle or sharp is not available in commercial markets.
(1.4) If more than one type of safety-engineered hollow bore needle or safety-engineered medical sharp is available in commercial markets, the needle or sharp that provides the highest level of protection from accidental parenteral contact must be used.
(1.5) For purposes of subsection (1.4), an employer must make a determination of the highest level of protection available based on information provided by manufacturers, independent testing agencies, objective product evaluation, or other reliable sources.
(1.6) Safe work procedures and practices relating to the use of safety-engineered hollow bore needles and safety-engineered medical sharps must be developed and implemented before use of these devices.
(2)-(4) Repealed. [B.C. Reg. 319/2007, App. A, s. 9.]
(5) Repealed. [B.C. Reg. 312/2003, App. E, s. 3.]
(6) Repealed. [B.C. Reg. 319/2007, App. A, s. 9.]
[am. B.C. Regs. 312/2003, App. E, s. 3; 241/2006, s. 2; 106/2007, ss. 2 and 3; 319/2007, App. A, s. 9.]
6.37 (1) A container holding a known or suspected biological agent designated as a hazardous substance in section 5.1.1 must be clearly identified by the biohazard symbol as described in the Hazardous Products Regulations (Canada) or by other means that indicates the presence of a biological agent.
(2) A laboratory sample of a known or suspected biological agent designated as a hazardous substance in section 5.1.1 must be transported only in accordance with the federal Transportation of Dangerous Goods Act, 1992 (Canada).
[en. B.C. Reg. 319/2007, App. A, s. 10; am. B.C. Reg. 30/2015, s. 29.]
6.39 (1) An employer must offer vaccination against the hepatitis B virus to all workers who are at risk of occupational exposure to that virus.
(2) If the Communicable Disease Control Immunization Program Manual issued by the BC Centre for Disease Control, as amended from time to time, lists a vaccine that protects against infection by a biological agent that is designated as a hazardous substance in section 5.1.1, the employer must offer the vaccination to all workers who are at risk of occupational exposure to that biological agent.
(3) Vaccinations offered under subsections (1) and (2) must be provided without cost to workers.
[en. B.C. Reg. 319/2007, App. A, s. 12.]
6.40 If a worker may have been exposed to the human immunodeficiency virus (HIV), hepatitis B virus or any other biological agent designated as a hazardous substance in section 5.1.1, the employer must advise the worker to seek immediate medical evaluation.
[en. B.C. Reg. 319/2007, App. A, s. 13.]
6.42 In this section and sections 6.43 to 6.58:
"decontamination" means the removal, inactivation or destruction of a hazardous drug that is or may be on a surface, material or thing;
"emergency decontamination" means decontamination in response to a spill or an emergency that involves, or may involve, a hazardous drug, but does not include routine decontamination performed as part of housekeeping;
"exposure control plan" means an exposure control plan under section 6.46;
"hazardous drug" means a drug that
(a) has one or more of the following characteristics:
(v) organ toxicity at low doses,
(b) is a new drug that mimics, in structure or toxicity, an existing drug known to be a hazardous drug according to the characteristics listed in paragraph (a), or
(c) is identified in the NIOSH list as a hazardous drug;
"housekeeping" includes the following:
(c) changing, handling, laundering or other cleaning and disposal of things contaminated with the excreta, vomit or bodily fluids of patients;
"NIOSH list" means the NIOSH List of Hazardous Drugs in Healthcare Settings, prepared by the United States National Institute for Occupational Safety and Health, as amended from time to time;
"precautionary period" means the period of time during which the excreta, vomit or bodily fluids of a patient treated with a hazardous drug are contaminated by the hazardous drug or a hazardous metabolite of the hazardous drug, determined in accordance with any of the following information:
(a) information provided by the manufacturer or a supplier of the hazardous drug;
(b) information provided by a pharmacist or physician;
(c) information in a scientific publication;
"risk assessment" means a risk assessment under section 6.45;
"work procedures" means work procedures under section 6.46.1.
[en. B.C. Reg. 203/2023, s. 2.]
6.43 Sections 6.44 to 6.58 apply in relation to a workplace at which a worker is or may be exposed to a hazardous drug.
[en. B.C. Reg. 203/2023, s. 2.]
6.44 An employer must do all of the following:
(a) develop a written list of every hazardous drug that a worker is or may be exposed to at a workplace;
(b) review the list at least annually and, if necessary, update the list;
(c) ensure the list is made readily available for reference by workers at each of the workplaces to which the list applies.
[en. B.C. Reg. 203/2023, s. 2.]
6.45 (1) An employer must ensure that a qualified person prepares a written risk assessment for the hazardous drugs identified in the list developed under section 6.44.
(2) A risk assessment must consider at least the following:
(a) information about the hazardous properties of the hazardous drug, including any information provided by manufacturers, suppliers or pharmacists, or in scientific publications, with respect to
(i) the active ingredients of the hazardous drug and the concentration of those ingredients,
(ii) the potential harmful health effects of exposure to the hazardous drug, including both acute and chronic effects and reproductive effects,
(iii) whether exposure to multiple hazardous drugs may increase the risk of harmful health effects, and
(iv) any special precautions a worker is advised to take;
(b) the scope, circumstances and nature of the work activities related to a hazardous drug, including
(i) the classification, formulation and quantity of the hazardous drug,
(ii) the frequency and duration of exposure to the hazardous drug,
(iii) whether the potential for exposure may increase if the form of the hazardous drug is altered during a work activity by crushing, dissolving, piercing or mixing that hazardous drug or by opening a container or package that holds that hazardous drug, and
(iv) whether another worker in the same work area may be at risk of exposure to the hazardous drug;
(c) the effectiveness of existing and planned control measures to eliminate or minimize exposure to the hazardous drug, taking into account, if applicable,
(i) information respecting a spill, uncontrolled release or accidental exposure, and
(ii) environmental monitoring or exposure monitoring data;
(d) any additional information relevant to the risk from the hazardous drug.
(3) The employer must ensure that the risk assessment is reviewed and, if necessary, updated by a qualified person if any of the following occur:
(a) a new hazardous drug is introduced into a workplace to which the risk assessment applies;
(b) drug handling practices, or other work activities that may cause a worker to be at risk of exposure to a hazardous drug, are changed;
(c) available information indicates that controls implemented under the exposure control plan are not effective.
(4) A risk assessment must be prepared in consultation with a joint committee or worker health and safety representative, as applicable, for a workplace to which the risk assessment applies.
[en. B.C. Reg. 203/2023, s. 2.]
(a) ensure that a qualified person develops an exposure control plan that
(i) meets the requirements of section 5.54 (2), and
(ii) addresses the hazards identified in the risk assessment, and
(b) implement the exposure control plan developed and updated under this section.
(a) review an exposure control plan at least annually, and, if necessary, update the exposure control plan, and
(b) if necessary, update an exposure control plan to address any changes to a risk assessment for the workplace.
(3) An exposure control plan must be developed, reviewed and updated in consultation with a joint committee or worker health and safety representative, as applicable, for a workplace to which the exposure control plan applies.
[en. B.C. Reg. 203/2023, s. 2.]
6.46.1 (1) For the purposes of complying with section 5.54 (2) (d), an employer must ensure that written work procedures required to be incorporated into an exposure control plan are prepared by a qualified person.
(2) Work procedures must address the following, as applicable:
(a) a work activity relating to
(i) the manufacture, receipt, preparation, administration, storage and disposal of a hazardous drug,
(iii) emergency decontamination;
(b) any other work activity in which a worker is or may be exposed to a hazardous drug;
(c) the containment or enclosure, as a control measure, of a work activity or a work process;
(d) the provision of, and the correct selection, use, care, maintenance and disposal of, any required personal protective equipment and clothing;
(e) prohibitions on eating, drinking, storing food and applying personal care products in an area in which a hazardous drug is present;
(f) handwashing and related protocols;
(g) reporting and response procedures for incidents that involve
(i) accidental exposure to a hazardous drug, or
(ii) a spill or uncontrolled release of a hazardous drug;
(h) the identification, removal, cleanup and disposal of waste related to a hazardous drug, which waste may include
(i) anything contaminated by the hazardous drug, and
(ii) anything contaminated during the precautionary period applicable to the hazardous drug by excreta, vomit or bodily fluids from a patient treated with the hazardous drug.
(3) The employer must ensure that work procedures are made readily available for reference by workers at each of the workplaces to which the work procedures apply.
[en. B.C. Reg. 203/2023, s. 2.]
6.47 If a worker is or may be exposed to a hazardous drug that is a reproductive toxin, an employer must develop
(a) a written policy about the availability of protective reassignment, and
(b) a procedure for determining if protective reassignment is appropriate for workers who advise the employer of a pregnancy or an intent to conceive a child.
[en. B.C. Reg. 203/2023, s. 2.]
6.48 (1) An employer must, if practicable, eliminate the risk of worker exposure to a hazardous drug.
(2) If elimination under subsection (1) is not practicable, the employer must control the risk of worker exposure to a hazardous drug using substitution.
(3) In selecting a suitable substitute, the employer must ensure that the hazards of the substitute are known and that the risk to workers is reduced by its use.
(4) If substitution under subsection (2) is not practicable, the employer must control the risk of worker exposure to a hazardous drug, keeping the risk as low as reasonably achievable, by doing the following:
(a) applying engineering controls and administrative controls that are appropriate in relation to the work activity and consistent with the risk assessment for the workplace;
(b) ensuring that a worker who is or may be exposed to a hazardous drug
(i) is provided with personal protective equipment appropriate to the work activity as identified in the applicable work procedures, and
(ii) uses the personal protective equipment in accordance with the instruction and training provided under section 6.51.
[en. B.C. Reg. 203/2023, s. 2.]
6.49 (1) An employer must ensure that contaminated or potentially contaminated personal protective equipment, including gowns and gloves, is not worn outside an area in which a hazardous drug is manufactured, prepared, administered or stored or in which waste contaminated by a hazardous drug is handled.
(2) An employer must ensure that non-disposable personal protective equipment is cleaned and decontaminated after use in accordance with the work procedures applicable to the workplace.
[en. B.C. Reg. 203/2023, s. 2.]
6.50 (1) In this section, "IARC Monographs" means the IARC Monographs on the Identification of Carcinogenic Hazards to Humans published by the International Agency for Research on Cancer, as amended from time to time.
(2) This section applies to the following hazardous drugs:
(a) a hazardous drug that is identified in the NIOSH list as being antineoplastic;
(b) a hazardous drug for which the manufacturer recommends ventilated engineering controls;
(c) a hazardous drug that is classified by the IARC Monographs as a Group 1 or Group 2A carcinogen.
(3) An employer must ensure that all of the following work activities are performed in a ventilated enclosure that meets the requirements set out in subsection (4):
(a) mixing a hazardous drug to which this section applies;
(b) preparing a hazardous drug to which this section applies;
(c) priming an intravenous administration set with a solution containing a hazardous drug to which this section applies.
(4) For the purposes of subsection (3), a ventilated enclosure must
(a) meet or exceed the requirements for a Class II Type B2 biological safety cabinet that conforms to NSF/ANSI Standard 49-2018 Biosafety Cabinetry: Design, Construction, Performance, and Field Certification,
(b) have exhaust and ventilation systems that remain in operation for a period of time sufficient to ensure that no contaminants escape into the workplace,
(c) be connected to the exhaust ventilation system, which system must discharge to the outdoors in a manner that prevents contaminants from being recirculated in the workplace or an adjacent workplace, and
(d) be equipped with a continuous monitoring device to permit confirmation of adequate airflow and cabinet performance.
(5) An employer must ensure that hazardous drugs to which this section applies are administered in accordance with the applicable work procedures.
[en. B.C. Reg. 203/2023, s. 2.]
6.51 (1) An employer must ensure that a worker who is or may be exposed to a hazardous drug is provided with instruction and training on the safe handling of the hazardous drug.
(2) The instruction and training under subsection (1) must address all of the following:
(a) known health effects, including reproductive health effects, caused by exposure to the hazardous drug;
(b) the applicable work procedures, including the procedures to be followed in the event of a spill, uncontrolled release or accidental exposure to the hazardous drug;
(c) the correct selection, use, care, maintenance and disposal of personal protective equipment and clothing.
(a) review the adequacy of the instruction and training provided under this section if there is a change to
(ii) handling practices, work activities or the information available respecting the hazardous drug, and
(b) if necessary, ensure that further instruction or training is provided.
(4) Instruction and training under subsection (1) must be provided in consultation with a joint committee or worker health and safety representative, as applicable, for a workplace in relation to which the instruction and training are provided.
[en. B.C. Reg. 203/2023, s. 2.]
6.52 An employer must ensure that a worker who is or may be exposed to a hazardous drug at a workplace is
(a) effectively supervised, and
(b) required to follow all work procedures applicable to the workplace.
[en. B.C. Reg. 203/2023, s. 2.]
6.53 An employer must ensure that clearly labelled spill kits
(a) are kept in or near any area in which a hazardous drug is manufactured, received, prepared, administered, stored or transported, and
(b) are readily available to workers.
[en. B.C. Reg. 203/2023, s. 2.]
6.54 (1) An employer must ensure that a hazardous drug is stored as follows:
(a) if practicable, in a designated area that meets the requirements set out in subsection (2);
(b) in accordance with the exposure control plan and the manufacturer's instructions, if any.
(2) For the purposes of subsection (1) (a), the requirements for the designated area are as follows:
(a) the area must be designed and constructed to provide for the safe containment of hazardous drugs;
(b) clearly visible signs warning that hazardous drugs are stored in the area must be prominently posted;
(c) the area must not be located within any other area designated or regularly used for eating, changing clothes or storing personal items;
(d) access to the area must be restricted to authorized workers.
(3) An employer must ensure that any container, bin or shelf, in or on which a hazardous drug is stored, is correctly and clearly labelled.
[en. B.C. Reg. 203/2023, s. 2.]
6.55 (1) In this section, "transport" includes transport within a workplace.
(2) An employer must ensure that, during transport, a hazardous drug is
(a) in a sealed container, labelled with a unique and recognizable identifier to distinguish the hazardous drug from other drugs, and
(b) packaged in a manner that minimizes the risk of environmental contamination if there is a spill, leak or uncontrolled release of the hazardous drug.
[en. B.C. Reg. 203/2023, s. 2.]
6.56 (1) For the purposes of this section, the following things are considered to be waste related to a hazardous drug:
(a) during the precautionary period applicable to the hazardous drug, excreta, vomit or bodily fluids from a patient treated with the hazardous drug;
(b) anything disposable that is contaminated by the hazardous drug or by waste referred to in paragraph (a).
(2) Subject to subsection (3), an employer must ensure that all waste related to a hazardous drug is handled and disposed of in accordance with the manufacturer's instructions, if any.
(3) An employer must ensure that all waste that is related to a hazardous drug and handled by a worker is disposed of by placing the waste in a container or bag referred to in subsection (4).
(4) An employer must ensure that every area in which a hazardous drug is manufactured, prepared, administered or stored is supplied with
(a) clearly labelled, leak-proof and sealable waste disposal containers, including puncture- and fluid-resistant sharps containers and solids containers, and
(b) if appropriate, distinctive sealable plastic waste bags.
[en. B.C. Reg. 203/2023, s. 2.]
6.57 An employer must ensure that equipment and products used for housekeeping and emergency decontamination are
(a) designated for use only in relation to hazardous drugs, and
(b) readily available for use.
[en. B.C. Reg. 203/2023, s. 2.]
6.58 (1) An employer must keep a record of all instruction and training provided under section 6.51 for a period of 3 years after the date the instruction or training is provided.
(2) An employer must, for each worker who prepares a hazardous drug, keep a record that includes the following:
(a) the name of each hazardous drug prepared by the worker;
(b) if practicable, the number of preparations per week;
(c) each risk assessment prepared, and each exposure control plan developed, including any updates, that
(i) is relevant to the worker's employment, and
(ii) applied to the worker at any time during the period of the worker's employment.
(3) An employer must, for each worker who administers a hazardous drug, keep a record that includes the following:
(a) the name of each hazardous drug administered by the worker
(ii) orally, in the case of a hazardous drug in powder or liquid form or contained in a capsule that was opened, or
(b) if practicable, the number of administrations per week;
(c) each risk assessment prepared, and each exposure control plan developed, including any updates, that
(i) is relevant to the worker's employment, and
(ii) applied to the worker at any time during the period of the worker's employment.
(4) An employer must keep a record referred to in subsection (2) or (3) for the period of employment of the worker to whom the record relates and for the 10-year period after the end of that worker's employment.
[en. B.C. Reg. 203/2023, s. 2.]
6.58.1 In this section and in sections 6.59 to 6.69:
"coating" means paint or any similar material that
"exposure limit" means the applicable exposure limit as referred to in section 5.48;
"exposure monitoring" means
(a) air and surface monitoring conducted in accordance with section 5.53 (4), and
(b) air monitoring conducted in accordance with section 6.61;
"health monitoring" means that part of a health protection program that monitors and assesses individual workers through clinical medical examinations, by measuring and determining lead amounts in capillary or venous blood, and by other tests, for the purpose of identifying changes in the worker's health status due to occupational exposure to lead;
"inorganic lead" means elemental lead, inorganic compounds of lead and lead chromate, but does not include organic compounds of lead;
"lead process" means the following work activities and processes, as well as any other work activity or process, involving the manufacturing, processing or handling of lead, or of materials, products or coatings containing lead that may expose a worker to lead dust, fumes or mist:
(b) applying electric arc, oxy-acetylene, oxy gas, plasma arc or a flame for the purpose of welding, cutting or cleaning the surface of any structure;
(c) demolishing, removing or encapsulating materials;
(d) dry sanding or scraping, grinding, cutting or buffing;
(f) cleaning up contamination;
(g) hot cutting in demolition, dismantling or salvage operations;
(h) manufacturing, assembling, handling or repairing lead-acid storage batteries, and sorting, packing and handling plates or other lead-containing parts that are removed or recovered from lead-acid storage batteries;
(i) manufacturing, assembling, handling, testing or firing of lead-containing weapons, detonators or other explosives;
(j) mixing and blending lead in plastics, coatings, moulding powders and stabilizers;
(k) mixing and melting processes in the glass industry;
(l) constructing, installing, altering, repairing or renovating structures, substrates, mechanical or engineered systems, or parts of any of these;
(m) smelting, refining, alloying, melting and casting;
(p) recycling or scrap-processing;
(q) transporting, disposing, storing or containing lead or materials containing lead;
(r) using a power tool, high pressure water jets or other mechanical means to cut, sand, buff or remove a surface coating;
"medical removal" means the temporary removal of a worker from a work activity involving a lead process if health monitoring, conducted under the supervision of a physician, indicates that the worker is at risk of suffering adverse health effects from continued exposure to lead;
"risk assessment" means a risk assessment conducted under section 6.59.1.
[en. B.C. Reg. 9/2017, App. F, s. 1.]
6.59 Sections 6.59.1 to 6.69 apply to a workplace where a worker is or may be
(a) engaged in a lead process, or
(b) exposed to potentially harmful levels of inorganic lead dust, fumes or mist.
[en. B.C. Reg. 9/2017, App. F, s. 2.]
6.59.1 (1) In this section, "existing monitoring data" means data
(a) gathered under section 5.53 or 6.61, or
(b) as described in section 6.61.1 (2) (b).
(2) An employer must not permit workers to engage in a work activity or lead process that may expose workers to lead dust, fumes or mist unless a risk assessment has first been completed by a qualified person.
(3) The risk assessment must include consideration of all of the following:
(a) the hazards of lead, including the exposure limit;
(b) any information contained on a label or in a safety data sheet provided by a supplier, manufacturer or employer in respect of
(i) the lead content in the materials, coatings or products to be used in the lead process, and
(ii) the health effects of lead exposure;
(c) the scope, circumstances and nature of the work activity or lead process, including
(i) whether section 5.50 applies, given the length of a shift,
(ii) any changes between shifts in the scope, circumstances or nature of the work activity or lead process,
(iii) whether the work activity involves welding, soldering, brazing, cutting or other hot work processes,
(iv) the potential routes of exposure to lead dust, fumes or mist during the work activity or while engaging in the lead process, including by inhalation or ingestion,
(v) the potential level and duration of the exposure referred to in subparagraph (iv), and
(vi) the results of any relevant health monitoring, if applicable, conducted
(A) in relation to an exposure control plan under section 5.54 (2) (f), or
(B) as part of a health protection program under section 6.67;
(d) the effectiveness of existing and planned control measures, as determined through exposure monitoring, to prevent or minimize worker exposure to lead dust, fumes or mist, including with respect to access to the workplace by unprotected workers;
(e) any additional information the employer needs to complete the risk assessment.
(4) A qualified person may rely on existing monitoring data for the purpose of assessing control measures under subsection (3) (d) only if it is reasonable to do so based on both of the following:
(a) the relevance of the existing monitoring data and whether additional exposure monitoring may be needed to reassess the effectiveness of existing and planned control measures because of changes in personnel or to the scope, circumstances or nature of the work activity or lead process;
(b) if applicable and available, the results of any health monitoring conducted on workers since the existing monitoring data was gathered.
(5) An employer must ensure that a risk assessment is reviewed by a qualified person if any of the following occur:
(a) there is reason to believe the risk assessment is no longer valid;
(b) there has been a significant change in the scope, circumstances or nature of the work activity or lead process to which the risk assessment relates;
(c) the results of any exposure monitoring or health monitoring show it to be necessary.
(6) If changes to the risk assessment are necessary as a result of the review under subsection (5), the employer must ensure that the risk assessment is changed accordingly.
[en. B.C. Reg. 9/2017, App. F, s. 3.]
6.60 (1) If a risk assessment indicates that a worker is or may be exposed to lead dust, fumes or mist, the employer must
(a) ensure that a qualified person develops an exposure control plan meeting the requirements of sections 5.54 and 5.57 (2), and of subsection (3) of this section, and
(b) implement the exposure control plan.
(2) If a risk assessment is changed under section 6.59.1 (6), the employer must ensure that
(a) the exposure control plan is amended to address the changes to the risk assessment, and
(b) the amendments to the exposure control plan are implemented.
(3) For the purposes of section 5.54 (2) (d), the written work procedures within an exposure control plan must address at least the following:
(a) the containment of lead processes through the use of enclosures, barriers or encapsulation, if used as a control measure;
(b) the effective control of worker exposure to lead dust, fumes or mist, including worker decontamination and personal hygiene;
(c) safe work practices and procedures;
(d) the correct selection, use, care and maintenance of any required personal protective equipment and clothing;
(f) the removal, cleanup and disposal of lead dust and debris, including the measures that will be used for the purposes of meeting the requirements of section 6.64.
[en. B.C. Reg. 9/2017, App. F, s. 4.]
6.60.1 (1) An employer must, to the extent it is practicable,
(a) avoid the use of materials, products or coatings containing lead that may expose a worker to lead dust, fumes or mist, and
(b) replace materials, products and coatings referred to in paragraph (a) with substances or processes that, under normal conditions of use, eliminate the risk of worker exposure to lead dust, fumes or mist.
(2) If it is not practicable to eliminate the risk of worker exposure to lead dust, fumes or mist, the employer must control the risk below the applicable exposure limit under section 5.48 by applying control measures that
(a) are appropriate to the work activity,
(b) are consistent with the risk assessment and with sections 5.55 and 5.57, and
(c) include, in order of priority,
(i) the design and use of engineering controls, including appropriate lead dust, fumes or mist reduction systems, containment of lead processes, and the provision and use of suitable work equipment and materials,
(ii) the control of exposure to lead dust, fumes or mist through administrative controls, including work practice controls, and
(iii) if the control measures set out in paragraphs (i) and (ii) are not adequate to control exposure, the provision and use of suitable personal protective equipment in addition to those control measures.
[en. B.C. Reg. 9/2017, App. F, s. 5.]
6.61 (1) If there is a potential for hazardous exposure to airborne lead dust, fumes or mist in a work activity or lead process, the employer must
(a) ensure that air monitoring is conducted using a sampling and analytical method referred to in subsection (2)
(i) during the first shift of the work activity or lead process, and
(ii) as necessary throughout the work activity or lead process to ensure that control measures are effective to prevent or minimize worker exposure to lead dust, fumes or mist, and
(b) keep, for at least 10 years, records of the results of air monitoring conducted under this section.
(2) Acceptable sampling and analytical methods for the purpose of subsection (1) are as follows:
(a) a method detailed in a standard occupational hygiene reference published by
(i) the National Institute for Occupational Safety and Health, or
(ii) the Occupational Safety and Health Administration;
(b) another method acceptable to the Board.
[en. B.C. Reg. 9/2017, App. F, s. 6.]
6.61.1 (1) In this section, "equivalent work operations" means work operations closely matching the lead processes, types of materials, products or coatings, work practices, control measures and environmental conditions prevailing in the employer's current work operations.
(2) Despite section 6.61, an employer is not required to monitor the concentration of airborne lead if a qualified person determines that
(a) existing control measures are effective in keeping worker exposure as low as reasonably achievable below the exposure limit, and
(i) has previously monitored for airborne concentrations of lead during equivalent work operations and there is no reason to believe that the results of the previous monitoring would not continue to apply, or
(ii) has objective air monitoring data that was collected during equivalent work operations through industry surveys or peer-reviewed or scientific studies that use sampling and analytical methods referred to in section 6.61 (2).
(3) An employer must keep, for at least 10 years, a record documenting the following, as applicable:
(a) the previous monitoring data used for the purpose of subsection (2) (b) (i);
(b) the source of the objective air monitoring data, and the data itself, referred to in subsection (2) (b) (ii).
[en. B.C. Reg. 9/2017, App. F, s. 7.]
6.62 Warning signs describing the hazards and health consequences of lead exposure and prohibiting the entry of unauthorized workers must be posted at the boundary of any work area where hazardous lead exposures could occur.
[en. B.C. Reg. 9/2017, App. F, s. 8.]
6.63 If exposure to lead dust, fumes or mist or lead compounds results in the contamination of exposed skin or work clothing, the requirements for personal hygiene in sections 5.82 to 5.84 must be met.
[am. B.C. Reg. 9/2017, App. F, s. 9.]
6.64 An employer must ensure
(a) that all surfaces in the work area are kept as free as practicable from accumulations of lead dust, and
(b) that, if vacuuming methods are selected as a control measure, vacuums must be
(i) designed, maintained, tested and used in accordance with
(A) the manufacturer's specifications, or
(B) the instructions of a professional engineer, and
(ii) equipped with an effective HEPA filter on the exhaust.
[en. B.C. Reg. 9/2017, App. F, s. 10.]
6.65 A person must not use blowers, compressed air, compressed gas or dry sweeping cleaning methods in areas where lead processes are conducted.
[en. B.C. Reg. 9/2017, App. F, s. 10.]
6.66 An employer must ensure that a worker who is or may be exposed to lead dust, fumes or mist receives adequate instruction and training in all of the following:
(a) the hazards and health effects of exposure to lead dust, fumes and mist;
(b) the specific nature of the work activity or lead process and the potential routes of lead exposure that may result;
(c) safe work practices and procedures;
(d) the correct operation and use of any required equipment and engineering controls;
(e) the purpose and limitations of personal protective equipment, and the correct selection, fitting, use, care and maintenance of that equipment;
(f) personal hygiene and decontamination procedures;
(g) the purpose and significance of health monitoring;
(h) housekeeping practices as described in section 6.64.
[en. B.C. Reg. 9/2017, App. F, s. 10.]
6.67 The employer must develop and implement an effective health protection program, in a manner acceptable to the Board, if a worker is exposed to potentially hazardous levels of lead.
6.68 The employer must
(a) maintain records of risk assessments, worker exposures and worker training, and
(b) ensure that health monitoring records are maintained in a manner acceptable to the Board.
6.69 An employer engaged in primary lead smelting is exempt from the requirement to maintain airborne lead concentrations at or below the exposure limit in lead processing areas, provided that in these areas the employer
(a) maintains the airborne lead concentrations as low as is reasonably achievable using the best available technology,
(b) establishes and maintains an acceptable health protection plan including the elements in section 5.54, to ensure that workers' blood lead levels are minimized,
(c) establishes provisions acceptable to the Board for the medical removal of workers, and
6.70 (1) In sections 6.70 to 6.109:
"antisapstain" in reference to a pesticide, means any substance which is applied to freshly cut wood to control fungal growth;
"closed system" means a device and procedure for transferring a pesticide from one container to another in a manner that does not expose the operator to the pesticide;
"field" means any area, excluding a body of water, on or in which one or more crops are grown and includes but is not limited to a field of row crops, an orchard, a mushroom farm, a greenhouse, a nursery, a turf farm, a silviculture area and any similar area;
"fumigant" means a pesticide applied in the form of a gas or vapour to kill pests and which is typically applied in an enclosed space;
"label" has the same meaning as in the Pest Control Products Act (Canada);
"pest" means an injurious, noxious or troublesome insect, fungus, weed, rodent, parasite or other organism;
"pesticide" means a micro-organism or material that is represented, sold, used or intended to be used to prevent, destroy, repel or mitigate a pest and includes
(a) a plant growth regulator, plant defoliator or plant desiccant, and
(b) a control product, other than a device, under the Pest Control Products Act (Canada);
"restricted entry interval" means the length of time representing a period of precaution that must elapse after the application of a pesticide, before an unprotected worker may be authorized to enter the treated area;
"toxic", in reference to a pesticide, means a formulation or a pesticide containing active ingredients that, by oral or dermal routes of entry, have acute mammalian toxicities expressed as the Lethal Dose 50% (LD50), and, for this purpose, a pesticide is considered to be
(a) very toxic, if the LD50 is less than 500 mg/kg,
(b) moderately toxic, if the LD50 is 500 mg/kg or more but less than or equal to 1 000 mg/kg, and
(c) slightly toxic, if the LD50 is more than 1 000 mg/kg but less than or equal to 2 000 mg/kg;
"treated area" means that portion of a field, building, structure or area in which a pesticide has been applied.
(2) For the purposes of the definition of "toxic" in subsection (1), if the LD50 of a pesticide is reported as a range, the lowest reported LD50 must be used to determine the class of the pesticide as very toxic, moderately toxic or slightly toxic.
[am. B.C. Reg. 139/2021, App. A, s. 1.]
6.71 Sections 6.72 to 6.109 apply to any workplace where pesticides are used, stored or handled, except for disinfectants, germicidal products, cleaners, antifouling paints and first aid treatments which are issued Pest Control Product numbers.
6.72 The employer must ensure that a pesticide for use in the workplace has been registered and labelled by the manufacturer in accordance with the Pest Control Products Act (Canada).
[en. B.C. Reg. 185/99, s. 44.]
6.73 If pesticide residues on treated seedlots, plants and similar materials supplied for planting may pose a hazard to workers, the employer must ensure placards or signs are provided with the treated materials stating
(a) the names and types of pesticides applied,
(b) the date of last application, and
(c) the hazards and precautions required for handling these materials.
[am. B.C. Reg. 139/2021, App. A, s. 2.]
6.74 The employer must ensure that a pesticide for use in the workplace is used in accordance with the requirements stated on the label and with good application practice.
[en. B.C. Reg. 185/99, s. 46.]
6.75 The employer must make readily available to workers an SDS or its written equivalent for all pesticides used at the workplace.
[am. B.C. Regs. 185/99, s. 45; 30/2015, s. 30.]
6.76 An employer must ensure that workers occupying, or who may access, that portion of a field, building, structure or area in which pesticides are to be applied are informed of
(a) the intent to use pesticides,
(b) the names and types of pesticides to be applied,
(c) the hazards associated with the use of those pesticides, and
(d) the precautions required during the operations.
[en. B.C. Reg. 139/2021, App. A, s. 3.]
Mixing, Loading and Applying Pesticides
6.77 (1) The employer must ensure that a worker or applicator who mixes, loads or applies a moderately or very toxic pesticide for use in a workplace or who cleans or maintains equipment used in the operations
(a) is 16 years of age or over, and
(b) holds a valid pesticide applicator certificate issued under the Integrated Pest Management Act.
(2) Subsection (1) (b) does not apply to any of the following:
(a) the use of biocides or slimicides in pulp and paper operations;
(c) the use of a pesticide by an assistant applicator within the meaning of, and in accordance with, the Integrated Pest Management Act and the regulations made under it.
(3) Workers involved in training for the purposes of obtaining a valid pesticide applicator certificate who are directly supervised by a qualified person are exempt from the requirement of subsection (1) (b) during the training period.
[am. B.C. Regs. 188/2011, App. C, s. 1; 139/2021, App. A, s. 4.]
6.78 The employer must develop and implement written safe work procedures for the
(a) handling, mixing, storage and application of pesticides,
(b) cleanup and disposal of spilled pesticides, and
(c) summoning of first aid and medical assistance for workers overexposed to pesticides.
6.79 Where, in the opinion of the Board, it is necessary to provide health monitoring for workers exposed to pesticides, employers and workers must participate as required by the Board, and records must be maintained in a manner acceptable to the Board.
6.80 If a worker applies a moderately or very toxic pesticide in a greenhouse or similar enclosed space and the worker may be incapacitated during the application, the work must be done in such a manner that a rescue can be effected by another worker equipped and able to do so.
6.81 The employer must ensure that equipment used to mix, load or apply pesticides is
(a) constructed of materials which are chemically compatible with the pesticide in use if contact with the pesticide is likely to occur,
(b) operated only by trained persons,
(c) used in accordance with instructions from the pesticide supplier,
(d) maintained in a safe operating condition,
(e) cleaned, repaired and maintained by workers who have been adequately instructed in safe work procedures, and
(f) in a safe condition before maintenance or repair work is carried out, including welding operations.
[am. B.C. Reg. 312/2003, App. F, s. 1.]
6.82 A fixed pesticide mixing, loading or application station must have
(a) openings on tanks secured as necessary to prevent accidental worker entry,
(b) shut-off devices at the discharge end of hoses and pipes leading from mixing tanks, and
(c) when required by the Board, a closed system for the mixing, loading or transferring of pesticides.
6.83 A tank, with a capacity of 200 litres (44 imp gal) or more, on mobile pesticide application equipment must have
(a) a device which indicates the fluid level, for equipment sold for first use after January 1, 1999,
(b) the openings secured to prevent spillage while the equipment is in use, and
(c) shut-off devices at the discharge end of hoses and pipes leading from the mixing tanks.
6.84 (1) The employer must ensure that a pesticide is applied in a manner that controls the risk of adverse health effect or injury to any person.
(2) Before a pesticide is applied, the employer must ensure that all workers in the area that is to be treated and who are not required for the application of pesticides are moved to a safe location.
(3) If practicable, the employer must schedule a pesticide application in a building for a time when the building is unoccupied.
6.85 Before a moderately or very toxic pesticide or a fumigant is applied the employer must ensure that
(a) warning signs acceptable to the Board are conspicuously posted at normal points of worker entry to the area to be treated, and
(b) if a pesticide is applied in an enclosed space all entrances to the space are secured to prevent unauthorized persons from entering.
6.86 Warning signs must be of a design, construction and durability to be clearly identifiable for the prescribed posting period, and must provide information in a manner that can be readily understood by workers.
6.87 Warning signs for the application of moderately and very toxic pesticides, other than fumigants in enclosed spaces, must display
(a) a skull and crossbones symbol,
(b) the word WARNING in a language that can be readily understood by the workers and in letters large enough to be read at a distance of 8 m (25 ft),
(c) the name of the pesticide and the date of application,
(d) the expiry date of the restricted entry interval as determined in section 6.89, and
(e) instructions to obtain permission to enter before the expiry date of the restricted entry interval.
6.88 The warning sign for the application of a fumigant in an enclosed space must display
(a) a skull and crossbones symbol,
(b) the words DANGER, DEADLY FUMIGANT GAS, KEEP OUT in a language that can be readily understood by the workers and in letters large enough to be read at a distance of 8 m (25 ft),
6.89 (1) Except as permitted under section 6.90, an employer must ensure that a person does not enter a treated area until the restricted entry interval has expired.
(2) The length of the restricted entry interval required by subsection (1) is as follows:
(a) if the label of the applied pesticide states a single restricted entry interval, the time period stated on the label;
(b) if the label of the applied pesticide states different restricted entry intervals for different activities, the time period stated on the label for the activity most closely resembling the activity being conducted;
(c) if more than one pesticide is applied and the labels of each state different restricted entry intervals, the longest time period stated;
(d) if the label of the applied pesticide does not state a restricted entry interval,
(i) 24 hours if the pesticide is classified as slightly toxic, or
(ii) 48 hours if the pesticide is classified as moderately or very toxic or is part of a mixture in which a moderately or very toxic pesticide is present;
(e) if more than one pesticide is applied and the label of at least one pesticide does not state a restricted entry interval, the longer of
(i) the longest time period stated on any label of the other pesticides, and
(ii) the time period required by paragraph (d) (i) or (ii), as applicable.
(3) An employer must ensure that, in addition to not entering a treated area until the applicable restricted entry interval has expired, workers comply with all safety information, including user directions and safety precautions, stated on any label of the pesticides being applied.
[en. B.C. Reg. 139/2021, App. A, s. 5.]
"emergency" means any sudden occurrence or set of circumstances
(a) that an employer could not have anticipated,
(b) over which an employer has no control, and
(c) that requires a worker to enter a treated area during a restricted entry interval because no alternative practices would prevent or mitigate
(ii) substantial damage to crops or property;
"hand labour activity"
(a) subject to paragraph (b), means an activity or task performed by hand or using hand tools that causes a worker to have substantial dermal contact with plants or parts of plants, soil or a surface that may contain pesticide residues, and
(b) does not include operating, moving or repairing
(i) irrigation or watering equipment, except hand-set irrigation, or
(ii) other equipment that is not directly used to apply pesticides.
(2) If an employer authorizes a worker to enter a treated area before the restricted entry interval expires, the employer must ensure all of the following:
(i) does not enter the treated area earlier than 4 hours after the pesticide application is completed,
(ii) is not in the treated area for more than one hour in a 24 hour period, and
(iii) does not perform a hand labour activity until the expiry of the restricted entry interval;
(b) that hazards to the worker have been assessed by a qualified person;
(c) that the treated area is effectively ventilated using either natural or mechanical means, and
(i) the atmosphere has been tested, if practicable, or
(ii) evaluated by a qualified person and declared safe to enter;
(d) that the worker is provided with, wears and uses correctly personal protective clothing and equipment appropriate to the hazards assessed under paragraph (b);
(e) that the worker follows safe work procedures;
(f) that, if the worker may be incapacitated after entry, provision has been made for rescue in a manner that meets the requirements of section 6.80.
(3) If an employer authorizes a worker to enter a treated area during an emergency before the restricted entry interval expires, the employer must ensure all of the following:
(a) that the requirements of subsection (2) (b) to (f) are met;
(b) that emergency washing facilities as required under section 5.85 are available.
[en. B.C. Reg. 139/2021, App. A, s. 5.]
6.90.1 (1) In addition to the record that must be kept under section 6.94, an employer must ensure that a record of all of the following is completed within 24 hours of a worker entering a treated area before the restricted entry interval expires:
(a) if entry was during an emergency,
(i) the date and location of the emergency,
(ii) the time the emergency started and ended, and
(iii) a description of the emergency, including an estimate of the type of injury or the amount of crop or property damage that would have occurred without early entry to the treated area;
(b) the restricted entry interval that applies under section 6.89 (2);
(c) the name of the worker who entered the treated area, and the times at which the worker entered and exited the treated area.
(2) The record referred to in subsection (1) must be kept for at least 10 years.
[en. B.C. Reg. 139/2021, App. A, s. 5.]
6.91 (1) In this section, "structural pesticide application" means the use of any method or device, or the application of any substance, that includes a pesticide to prevent, control or exterminate a pest in, on, under or near a structure, except in relation to the prevention, control or extermination of pests that affect plants.
(2) An employer is exempt from the requirements of sections 6.85 to 6.90.1 with respect to structural pesticide applications as follows:
(a) the application, by means of spot treatment or crack and crevice treatment, of small quantities of slightly toxic pesticides if
(i) the methods used minimize the release of aerosols and residues on work surfaces, and
(ii) a qualified person determines that workers are not at risk of exposure;
(b) the application, in circumstances of restricted exposure including spot treatment and crack and crevice treatment, of small quantities of moderately toxic pesticides if
(i) the methods used minimize the release of aerosols and residues in the treated area,
(ii) the treated area is clearly identified,
(iii) during application, no hazardous accidental release of pesticide occurs, and
(A) determines, before application, that persons occupying the treated area are not at risk of exposure,
(B) notifies persons occupying the treated area, before application, of any entry precautions applicable to the application, and
(C) inspects the treated area after application to confirm compliance with this subsection.
(3) An employer is exempt from the requirements of sections 6.85 to 6.90.1 with respect to the handling and application of biocides and slimicides if all of the following conditions are met:
(a) the method of handling and distributing the biocide or slimicide minimizes the release of aerosols and residues on work surfaces;
(b) areas where the biocide or slimicide is handled or distributed are clearly identified, and entry into these areas is restricted to authorized workers.
[en. B.C. Reg. 139/2021, App. A, s. 5.]
6.92 The employer must ensure that surfaces used for food preparation and eating, and work surfaces likely to come in contact with workers' unprotected skin are cleaned and free of pesticide residues.
6.93 (1) An employer must ensure that all reasonable precautions are taken to prevent the drift or spread of a pesticide from a workplace under the employer's control.
(2) If a pesticide under the control of an employer has drifted or spread to a workplace occupied or used by another employer, the first employer must notify the second of the identity of the pesticide, the nature of its harmful characteristics and the precautions required for the safety of workers.
(3) The employer to whose property a pesticide has drifted or spread must take all reasonable steps to
(a) identify the pesticide and advise any persons who may be exposed to it of the nature of the pesticide, its harmful characteristics and the precautions required for safety, and
(b) ensure that any hazards to persons from exposure to the pesticide are eliminated or controlled.
6.94 The employer must maintain a record of pesticide applications which includes, for each application,
(a) the pesticide used and location of application,
(b) the date and time at which the application was completed,
(c) the date on which workers were allowed to re-enter, and
(d) if applicable, the type of crop treated, rate of application and the number of acres or hectares treated.
6.95 (1) The employer must supply and maintain adequate wash facilities and, if there is the risk of body contamination, shower facilities as required by section 5.82, to all workers when
(a) mixing, loading or applying pesticides, or handling concentrates or wet-treated lumber,
(b) cleaning, maintaining or handling equipment, materials or surfaces contaminated with pesticide residues, or
(c) entering fields where pesticides have been applied and where contact with pesticide residues may contaminate protective clothing and body areas.
(2) The wash and shower facilities required by subsection (1) must be in close proximity to the places where pesticides are used or handled, but must be separate from food preparation, lunchrooms and eating areas.
6.97 If a worker mixes, loads or applies pesticides or if a worker cleans, maintains or handles equipment, materials or surfaces contaminated with pesticide residues, the employer must ensure that
(a) the worker is provided with and wears suitable protective clothing and equipment,
(b) contaminated protective clothing and equipment is stored in a secure place and not used until it is laundered or otherwise cleaned,
(c) if required, adequate facilities or services to launder contaminated protective clothing are available,
(d) at least one change of outer protective clothing for each worker is available at the work site, and
(e) a change room or sheltered place is provided where workers can change clothes and store personal clothing while wearing protective clothing.
Avicides, Predicides, Rodenticides and Insecticidal Baits
6.98 Sections 6.80 and 6.85 to 6.91 do not apply where an avicide, predicide, rodenticide or insecticidal bait is used or applied in solid or liquid form, unless the pesticide label specifies otherwise.
6.99 For a pesticide exempted in section 6.98 the employer must ensure that
(a) adequate measures are taken for the protection of the applicator including the use of safe work procedures, the provision and use of personal protective equipment and the provision of adequate hand washing facilities,
(b) the pesticide is applied, where practicable, in areas not readily accessible to unauthorized persons, and away from areas of normal work activity, and
(c) a worker who is required to enter the area or location where the pesticide has been applied is notified of the location of the pesticide application, the physical description of the pesticide and the device, if any, in which it is placed, and the precautions that must be observed.
6.100 The employer must ensure that pesticides are not stored in areas where food preparation occurs, in lunchrooms, or in food storage areas.
6.101 (1) The employer must supply a pesticide storage facility that meets the design criteria stated in the manual Standard Practices for Pesticide Applicators, published by the Workers' Compensation Board of BC, for the storage of bulk or reserve quantities of pesticides.
(2) Factors that must be considered in the facility design include
(a) maintenance of minimal quantities,
(b) compatibility of pesticides,
6.102 The employer must ensure that shelving and retail displays for pesticides are designed to provide safe storage and to minimize the possibility of spills.
6.103 An employer must investigate antisapstain materials and, whenever practicable, substitute an alternate material for a material in use, if
6.104 (1) The employer must install and maintain an effective local exhaust ventilation system on all spray box application equipment to contain overspray and control worker exposure to the chemicals.
(2) The employer must ensure that the ventilation system for a spray box provides an inward air flow across the hood face at least equal to the velocity of the lumber on the outfeed conveyor.
6.105 The employer must clean a metal surface of antisapstain material before any welding, burning or cutting operation is done on it.
6.106 The employer must control the flooding of wood being treated by the use of
(b) curtains on the spray box enclosure openings,
6.107 A worker handling wet treated lumber must remove protective equipment before leaving the restricted work area.
6.108 The employer must keep records and SDSs on all previously used antisapstain materials if a change of chemical has occurred and the equipment or work areas have not been adequately decontaminated, and this information must be readily available to workers.
[am. B.C. Reg. 30/2015, s. 31.]
6.109 (1) The requirements of sections 6.85 to 6.91 with respect to warning signs and restricted entry intervals do not apply to the application of antisapstain materials, unless the pesticide label specifies otherwise.
(2) Areas of antisapstain application must be clearly identified to workers.
(3) Entry into work areas where antisapstain materials are handled or applied must be restricted to authorized personnel.
Respirable Crystalline Silica and Rock Dust
6.110 (1) In this section and sections 6.111 to 6.112.7:
"abrasive blasting" means the cleaning, smoothing, roughening or removing of a surface or part of a surface by the use of an abrasive that is
(a) comprised of a jet of sand, metal shot, grit, or another material, and
(b) propelled by compressed air or steam, or by a wheel;
"blasting enclosure" means a chamber, barrel, cabinet or a purpose-built structure in which abrasive blasting occurs;
"cleaning of castings" means, in connection with making metal castings,
(a) the freeing of metal castings from adherent sand or another substance containing silica, other than the freeing of metal castings from scale formed during annealing or heat treatment,
(b) the removal of cores from metal castings, and
(c) the smoothing of metal castings where freeing is done;
"control measures" include the measures set out in section 6.112.2;
"dust reduction system" means the following, alone or in combination:
(a) the use of a process or material that prevents the creation of RCS dust;
(b) the use of an enclosure, including a blasting enclosure, to
(ii) physically separate a worker from a source of RCS dust;
(c) the use of local exhaust ventilation, being a system of ventilation designed to capture and remove process emissions or RCS dust before the emissions or dust escapes into the workplace environment;
(d) the use of wet systems, being
(i) the use of water or another liquid to increase moisture content in material to prevent RCS dust from becoming airborne, or
(ii) the addition of moisture to the air to capture RCS dust particles that are already airborne;
"exposure limit" means the applicable exposure limit as referred to in section 5.48;
"exposure monitoring" means air monitoring conducted in accordance with section 5.53 (4) or 6.112.3;
"RCS dust" means any of the following that can be deposited in the lower gas exchange regions of the lung when inhaled:
(a) respirable crystalline silica;
"risk assessment" means a written risk assessment conducted in accordance with section 6.112;
"sandblasting" means an abrasive blasting process that uses silica sand as an abrasive;
"silica flour" means the fine powder produced by the crushing, grinding or ball milling of a siliceous substance;
"silica process" means the following processes, as well as any other process that may result in the release of RCS dust in concentrations likely to exceed the exposure limit:
(c) abrasive blasting, grinding, sanding or dressing of any surface that contains crystalline silica;
(d) blasting, cutting, crushing, drilling, grinding, milling, scaling, splitting or sieving, or other mechanical pulverizing or shattering, of rock, siliceous stone or gravel;
(e) concrete or asphalt milling, shotcreting, pneumatic drilling, tunnelling or other large-scale mechanical processes that may generate RCS dust;
(f) using heavy equipment or pneumatics to transfer sand, earth, aggregate or other material that contains silica, and associated transport, recycling and disposal operations;
(g) a process in which silica flour is used, including using it as an additive in product manufacturing;
(h) manufacturing, dismantling, demolishing or repairing of concrete, masonry or other material that contains silica;
(i) using power tools or equipment to abrade, cut, grind, core or drill concrete, masonry or other material that contains silica;
"siliceous" means any group of sedimentary rocks that consist largely or almost entirely of silicon dioxide (SiO2), including diatomite.
(2) In this section, a reference to concrete, masonry or other material refers to a hard stone-like building material made
(b) by mixing, with water or another liquid,
(ii) a combination of cement, sand, gravel, broken stone or another aggregate.
[en. B.C. Reg. 9/2017, App. G, s. 2.]
6.111 Sections 6.112 to 6.112.7 apply to a workplace where a worker is or may be
(a) engaged in a silica process, or
(b) exposed to potentially harmful levels of RCS dust.
[en. B.C. Reg. 9/2017, App. G, s. 2.]
6.112 (1) In this section, "existing monitoring data" means data
(a) gathered under section 5.53 or 6.112.3, or
(b) as described in section 6.112.4 (2) (b).
(2) An employer must not permit workers to engage in a work activity or a silica process that may expose workers to RCS dust unless a risk assessment has first been completed by a qualified person.
(3) The risk assessment must include consideration of all of the following:
(a) the hazards of RCS dust, including the exposure limit;
(b) any information contained on a label or in a safety data sheet provided by a supplier, manufacturer or employer in respect of
(i) the crystalline silica content in the materials to be used in the silica process, and
(ii) the health effects of RCS dust exposure;
(c) the scope, circumstances and nature of the work activity or silica process, including
(i) whether section 5.50 applies, given the length of a shift,
(ii) any changes between shifts in the scope, circumstances or nature of the work activity or silica process, and
(iii) the potential level and duration of exposure to RCS dust during the work activity or while engaging in the silica process;
(d) the effectiveness of existing and planned control measures, as determined through exposure monitoring, to prevent or minimize worker exposure to RCS dust, including with respect to access to the workplace by unprotected workers;
(e) any additional information the employer needs to complete the risk assessment.
(4) A qualified person may rely on existing monitoring data for the purpose of assessing control measures under subsection (3) (d) only if it is reasonable to do so based on
(a) the relevance of the existing monitoring data, and
(b) whether additional air monitoring may be needed to reassess the effectiveness of existing and planned control measures because of changes in personnel or to the scope, circumstances or nature of the work activity or silica process.
(5) An employer must ensure that the risk assessment is reviewed by a qualified person if any of the following occur:
(a) there is reason to believe the risk assessment is no longer valid;
(b) there has been a significant change in the scope, nature or circumstances of the work activity or silica process to which the risk assessment relates;
(c) the results of any exposure monitoring show it to be necessary.
(6) If changes to the risk assessment are necessary as a result of the review under subsection (5), the employer must ensure that the risk assessment is changed accordingly.
[en. B.C. Reg. 9/2017, App. G, s. 2.]
6.112.1 (1) If a risk assessment indicates that a worker is or may be exposed to RCS dust, the employer must
(a) ensure that a qualified person develops an exposure control plan meeting the requirements of sections 5.54 and 5.57 (2), and of subsection (3) of this section, and
(b) implement the exposure control plan.
(2) If a risk assessment is changed under section 6.112 (6), the employer must ensure that
(a) the exposure control plan is amended to address the changes to the risk assessment, and
(b) the amendments to the exposure control plan are implemented.
(3) For the purposes of section 5.54 (2) (d), the written work procedures within an exposure control plan must address at least the following:
(a) the containment of silica processes, if used as a control measure;
(b) the effective control of worker exposure to RCS dust using dust reduction systems;
(c) safe work practices and procedures;
(d) the correct selection, use, care and maintenance of any required personal protective equipment and clothing;
(f) the removal, cleanup and disposal of RCS dust and debris, including the measures that will be used for the purposes of meeting the requirements of section 6.112.6.
[en. B.C. Reg. 9/2017, App. G, s. 2.]
6.112.2 (1) An employer must, to the extent practicable, avoid the use of products or materials containing crystalline silica by replacing them with substances or processes that, under normal conditions of use, eliminate the risk of worker exposure to RCS dust.
(2) If it is not practicable to eliminate the risk of worker exposure to RCS dust, the employer must control the risk below the applicable exposure limit under section 5.48 by applying control measures that
(a) are appropriate to the work activity,
(b) are consistent with the risk assessment and with sections 5.55 and 5.57, and
(c) include, in order of priority,
(i) the design and use of engineering controls, including appropriate dust reduction systems, containment of silica processes, and the provision and use of suitable work equipment and materials,
(ii) the control of RCS dust exposure through administrative controls, including work practice controls, and
(iii) if the control measures set out in paragraphs (i) and (ii) are not adequate to control exposure, the provision and use of suitable personal protective equipment in addition to those control measures.
[en. B.C. Reg. 9/2017, App. G, s. 2.]
6.112.3 (1) If there is a potential for hazardous exposure to RCS dust in a work activity or silica process, the employer must
(a) ensure that air monitoring is conducted using a sampling and analytical method referred to in subsection (2)
(i) during the first shift of the work activity or silica process, and
(ii) as necessary throughout the work activity or silica process to ensure that control measures are effective to prevent or minimize worker exposure to RCS dust, and
(b) keep, for at least 10 years, records of the results of air monitoring conducted under this section.
(2) Acceptable sampling and analytical methods for the purpose of subsection (1) are as follows:
(a) a method detailed in a standard occupational hygiene reference published by
(i) the National Institute for Occupational Safety and Health, or
(ii) the Occupational Safety and Health Administration;
(b) another method acceptable to the Board.
[en. B.C. Reg. 9/2017, App. G, s. 2.]
6.112.4 (1) In this section, "equivalent work operations" means work operations closely matching the silica processes, types of materials, work practices, control measures and environmental conditions prevailing in the employer's current work operations.
(2) Despite section 6.112.3, an employer is not required to monitor the exposure of workers to RCS dust if a qualified person determines that
(a) existing control measures are effective in keeping worker exposure as low as reasonably achievable below the exposure limit, and
(i) has previously monitored for RCS dust exposure during equivalent work operations and there is no reason to believe that the results of the previous monitoring would not continue to apply, or
(ii) has objective air monitoring data that was collected during equivalent work operations through industry surveys or peer-reviewed or scientific studies that use sampling and analytical methods referred to in section 6.112.3 (2).
(3) An employer must keep, for at least 10 years, a record documenting the following, as applicable:
(a) the previous monitoring data used for the purpose of subsection (2) (b) (i);
(b) the source of the objective air monitoring data, and the data itself, referred to in subsection (2) (b) (ii).
[en. B.C. Reg. 9/2017, App. G, s. 2.]
6.112.5 An employer must ensure that a blasting enclosure is used for the following activities only:
(b) maintenance of the blasting enclosure and all associated equipment, including ventilation and blasting equipment.
[en. B.C. Reg. 9/2017, App. G, s. 2.]
6.112.6 (1) In addition to the requirements of section 5.82 (2), an employer must ensure that all of the following requirements are met:
(a) all workplaces and work-related areas and equipment where RCS dust may accumulate must be cleaned at the end of every shift, if practicable, using one or a combination of
(i) a vacuum or similar device,
(iii) another method that is effective and in accordance with the safe work practices contained in the exposure control plan;
(b) if a vacuum or similar device is used, the vacuum or device must be
(i) designed, maintained, tested and used in accordance with
(A) the manufacturer's specifications, or
(B) the instructions of a professional engineer, and
(ii) equipped with an effective HEPA filter on the exhaust;
(c) if wet cleanup methods are used, any slurry generated by those methods must be removed when the work is completed in such as manner as to avoid a secondary RCS dust exposure hazard;
(d) waste material must be placed in sealable containers and promptly disposed of to prevent RCS dust from re-entering the workplace.
(2) An employer must not permit the use of blowers, compressed air, dry sweeping or dry mopping to clean up or remove RCS dust.
[en. B.C. Reg. 9/2017, App. G, s. 2.]
6.112.7 An employer must ensure that a worker who is or may be exposed to RCS dust receives adequate instruction and training in all of the following:
(a) the hazards and health effects of inhaling RCS dust;
(b) safe work practices and procedures;
(c) the correct operation and use of any required equipment and engineering controls;
(d) the purpose and limitations of personal protective equipment, and the correct selection, fitting, use, care and maintenance of that equipment;
(e) housekeeping practices as described in section 6.112.6.
[en. B.C. Reg. 9/2017, App. G, s. 2.]
6.113 A rock drill, other than a manually-powered rock drill, must be equipped with a dust suppression system, acceptable to the Board, that
(a) uses water jet, spray, or other equally effective means to suppress drilling dust effectively, and
6.114 Crushing plants must be equipped with the following dust controls:
(a) crushers, including jaw, roll, cone, or hammer-mills must have an effective mechanical exhaust system;
(b) screens releasing dust must be partially covered and have an effective mechanical exhaust system or an effective water spray system;
(c) the screen discharge hopper must be enclosed and if dust is released must have an effective mechanical exhaust system or an effective water spray system;
(d) material transfer points releasing dust must have an effective mechanical exhaust system or an effective water spray system;
(e) a suitable dust collector must be installed on a mechanical exhaust system;
(f) dust discharged from a mechanical exhaust ventilation system must not be recirculated into work areas;
(g) when practicable, the operator must be enclosed in a pressurized cab equipped with air filtration and noise suppression.
[am. B.C. Reg. 9/2017, App. G, s. 3.]
6.115 Asphalt mixing plants must be equipped with the following dust controls:
(a) a dust-tight seal must be installed at the dryer discharge to the hot stone elevator;
(b) the screen enclosure must have a mechanical exhaust system that maintains a negative pressure within the screen enclosure and the elevator feed system;
(c) the mixing chamber must have a mechanical exhaust system that maintains a negative pressure on the bin discharge to the mixer or elevator feed system;
(d) on continuous-mix plants the conveyor feeding the mixing chamber must be enclosed and connected to the mechanical exhaust system;
(e) the screen overflow chutes and hoppers handling screen overflow must be enclosed, and the waste fines conveyor system must be enclosed at all material transfer and discharge points;
(f) the discharge of overflow or waste fines material must be to an enclosed container, which must be emptied in a manner that prevents contamination of the work area;
(g) material transfer points between sections of the asphalt mixing plant must be fitted with effective dust seals;
(h) conveyor and elevator cover seals must be dust-tight;
(i) on batch-mix plants, dust-tight seals must be installed on manual draw chute levers and on the weigh-hopper and bin;
(j) a suitable dust collector must be installed on the mechanical exhaust system, with the discharge from the dust collector located so as to prevent the recirculation of contaminated air to areas occupied by workers.
6.115.1 For greater certainty, in respect of a workplace described in section 6.111, the requirements set out in sections 6.113 to 6.115 are in addition to the requirements set out in sections 6.112 to 6.112.7.
[en. B.C. Reg. 9/2017, App. G, s. 4.]
6.116 In sections 6.117 to 6.132:
"enclosure" means a room, cabinet or separation designed to contain equipment, machinery and vessels and to isolate accidental releases of toxic gas;
"toxic process gas" means a gas which
(a) meets the HPR Health Hazard Class — Acute Toxicity, Categories 1, 2 and 3 or the categories set out in the following table:
| HPR Health Hazard Classes | Hazard Categories | ||||||
| Skin corrosion / irritation | 1A | 1B | 1C | 2 | |||
| Serious eye damage / irritation | 1 | 2A | 2B | ||||
| Respiratory or skin sensitization | 1A | 1B | |||||
| Mutagenicity | 1A | 1B | 2 | ||||
| Carcinogenicity | 1A | 1B | 2 | ||||
| Reproductive toxicity | 1A | 1B | 2 | ||||
| Specific organ toxicity (repeated exposure) | 1 | 2 | |||||
, and
(i) an industrial process in which a precursor is changed into a product,
(ii) refrigeration by means of a piped installation, or
(iii) treatment of materials, for example, in a disinfection system.
[am. B.C. Regs. 253/2001, s. 4; 30/2015, s. 32.]
6.117 Sections 6.118 to 6.132 apply to operations in which a toxic process gas is used, but do not apply to the handling or storage of flammable fuel gases or vapours, toxic waste emissions or the use of toxic process gases in manufactured articles.
6.118 The employer must ensure that a risk assessment is conducted for toxic process gases.
6.119 If there is a risk of adverse health effect to workers from exposure to a toxic process gas, based on the risk assessment, the employer must develop and implement an exposure control plan meeting the requirements of section 5.54.
6.120 (1) The employer must ensure that written work procedures providing instructions for the safe handling of the toxic process gas are prepared for all hazardous tasks in accordance with the risk assessment results, critical technical information and operations manuals.
(2) The employer must ensure that emergency procedures designed for the safe evacuation and rescue of all workers are established and tested on a regular basis.
(3) The procedures required by subsections (1) and (2) must be readily available to the workers at the workplace.
6.121 The employer must ensure that
(a) workers are capable of operating the equipment and machinery in a safe manner by providing effective education and training, and
(b) records of education and training are maintained.
(c) Repealed. [B.C. Reg. 312/2003, App. F, s. 2 (d).]
[am. B.C. Reg. 312/2003, App. F, s. 4.]
6.122 Where practicable, the employer must locate equipment and machinery such as tanks and compressors, handling toxic process gases in a separate enclosure that is
(a) designed, constructed and maintained to prevent fugitive emissions and accidental releases from entering occupied work areas,
(b) provided with exhaust ventilation to ensure an effective inward air flow into the enclosure at all times,
(c) provided with a safe means of entry and exit,
(d) designated as a restricted work area limited to entry by authorized personnel, and
(e) posted with signs which clearly identify the hazards and the precautions required for safe entry.
6.123 The employer must provide a safe means to check and test conditions inside an enclosure before entry by authorized workers.
6.124 The employer must
(a) ensure that ventilation systems are designed to exhaust toxic process gases directly to the outdoors in a safe manner,
(b) ensure that grilles providing makeup air from adjacent occupied areas are equipped with gas-rated, back-draft dampers,
(c) monitor critical parts of the ventilation systems, such as fan, motor and air flow, to ensure that workers are alerted to a malfunction of the system,
(d) ensure that ventilation ducting is vapour proof, dedicated and resistant to corrosion by the gas it carries, and
(e) where practicable, locate the fans on the outside of the building or structure to maintain the duct work within occupied work areas under a negative pressure differential.
6.125 The employer must provide emergency ventilation that can be safely activated in emergency situations to ensure containment and control of an accidental release of a toxic process gas.
6.126 (1) In the event of an emergency or accidental release, the employer must ensure that
(a) the gas supply can be shut down manually from a remote location or by the alarm system so as to isolate the reserve supply within the system and stop the generation or flow of the gas, or
(b) if the control measures required by paragraph (a) are not practicable, other effective measures, acceptable to the Board, are implemented to protect workers and other persons from exposure to the gas.
(2) When an automated or remote shut-down device is activated, the employer must ensure that operators are alerted to the emergency shut-down of the system.
[en. B.C. Reg. 381/2004, s. 2.]
6.127 (1) The employer must provide appropriate personal protective equipment and ensure that workers wear it.
(2) A worker performing a hazardous work procedure on equipment or machinery where there is the risk of toxic process gas being released directly into the breathing zone, such as cylinder changing, system or line purging or draining, and leak detection and repair, must wear an appropriate respirator.
(3) A worker entering a restricted access enclosure must wear or carry an escape respirator.
[am. B.C. Reg. 312/2010, App. G, s. 4.]
6.128 (1) Where practicable, the employer must install continuous monitoring systems that detect fugitive emissions and accidental releases and effectively determine work conditions within the restricted access area.
(2) Continuous monitors must be connected to alarm systems to adequately warn workers of hazardous conditions and, when practicable, must be designed to safely activate appropriate control measures when emergency situations are detected.
(3) Monitoring and alarm systems must be
(a) tested at least monthly for proper operation, and
(b) calibrated at least annually,
by authorized personnel using procedures set out in section 4.3 (2) or other procedures acceptable to the Board.
[am. B.C. Regs. 312/2003, App. B, s. 8; 188/2011, App. M, s. 2.]
6.129 (1) The employer must ensure that all pressure relief valves or similar safety-release devices direct relief gases to the outdoors in a safe manner.
(2) The employer must ensure that an alarm or any other reporting system designed to inform the operators of a malfunction or emergency activates if a pressure relief safety device is engaged.
6.130 The employer must ensure that
(a) all critical components of equipment and machinery handling toxic process gases are clearly identified, and
(b) the function of every control device can be readily determined.
6.131 (1) The employer must ensure that a piping system is
(a) constructed of compatible materials resistant to corrosion by the gas it carries,
(b) constructed to withstand the system pressures to which it will be subjected, and
(c) safely routed, supported and protected from impact damage, shock and vibration.
(2) The employer must ensure that piping and valve systems are leak and pressure tested, as required, before the system is put into operation.
(3) The employer must ensure that piping systems are equipped with isolation, pressure venting or bleed valves designed to purge the lines safely of residual gases before maintenance or servicing procedures.
6.132 The employer must ensure that the servicing and maintenance of equipment and machinery addresses all critical components.
[am. B.C. Reg. 312/2003, App. B, s. 9.]
Part 7 — Noise, Vibration, Radiation and Temperature
7.1 (1) In this Division, "noise exposure limits" means either of the noise exposure limits established under section 7.2.
(2) Noise terminology and measurements used or described in this Division have the same meaning that they have in
(a) CSA Standard Z107.56-94, Procedures for the Measurement of Occupational Noise Exposure, as amended from time to time, and
(b) ANSI Standard S1.25-1991, Specification for Personal Noise Dosimeters, as amended from time to time.
[en. B.C. Reg. 382/2004.]
7.2 An employer must ensure that a worker is not exposed to noise levels above either of the following exposure limits:
(a) 85 dBA Lex daily noise exposure level;
[en. B.C. Reg. 382/2004.]
7.3 (1) If a worker is or may be exposed to potentially harmful levels of noise, or if information indicates that a worker may be exposed to a level exceeding 82 dBA Lex, the employer must measure the noise exposure.
(2) The noise exposure measurement must
(a) be performed in accordance with CSA Standard Z107.56-94, Procedures for the Measurement of Occupational Noise Exposure, as amended from time to time, except as otherwise determined by the Board, and
(b) be updated if a change in equipment or process affects the noise level or the duration of noise exposure.
(3) Except as otherwise determined by the Board, noise dosimeters and sound level meters used for measuring noise exposure must meet the requirements of ANSI Standard S1.25-1991, Specification for Personal Noise Dosimeters, as amended from time to time.
(4) The employer must inform affected workers of the results of any noise exposure measurement and the significance of the measurement to risk of hearing loss.
[en. B.C. Reg. 382/2004.]
7.4 An employer is not required to measure the noise exposure of a worker if
(a) based on other information, the employer identifies the worker as being exposed to noise in excess of an exposure limit, and
(b) the employer establishes an effective noise control and hearing conservation program for that worker.
[en. B.C. Reg. 382/2004.]
7.5 If noise in the workplace exceeds either of the noise exposure limits, the employer must develop and implement an effective noise control and hearing conservation program with the following elements:
(e) posting of noise hazard areas;
[en. B.C. Reg. 382/2004.]
7.6 If a worker is exposed to noise above a noise exposure limit, the employer must
(a) investigate options for engineered noise control, and
(b) when practicable, implement one or more of those options to reduce noise exposure of workers to or below the exposure limits.
[en. B.C. Reg. 382/2004.]
7.7 (1) If it is not practicable to reduce noise levels to or below noise exposure limits, the employer must
(a) reduce noise exposure to the lowest level practicable,
(b) post warning signs in the noise hazard areas,
(c) give to affected workers hearing protection that meets the requirements of CSA Standard Z94.2-02, Hearing Protection Devices — Performance, Selection, Care, and Use, as amended from time to time, except as otherwise determined by the Board, and maintain the hearing protection so that it continues to meet those standards, and
(d) ensure that hearing protection is worn effectively in noise hazard areas.
(2) Workers in a posted noise hazard area must wear hearing protection.
[en. B.C. Reg. 382/2004.]
7.8 (1) The employer must give workers who are exposed to noise that exceeds noise exposure limits
(a) an initial hearing test as soon as practicable after employment starts, but not later than 6 months after the start of employment, and
(b) a test at least once every 12 months after the initial test.
(2) Hearing tests must be administered by a hearing tester authorized by the Board.
(3) The employer must ensure that the authorized hearing tester sends the test results to the Board.
[en. B.C. Reg. 382/2004.]