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B.C. Reg. 296/97
Workers' Compensation Board
Deposited September 8, 1997
effective April 15, 1998
This consolidation is current to April 9, 2024.
See the Cumulative B.C. Regulations Bulletin 2023
for amendments effective after April 9, 2024.
Link to consolidated regulation (PDF)
Link to Point in Time

Workers Compensation Act

Occupational Health and Safety Regulation

[Last amended January 1, 2024 by B.C. Reg. 204/2023]

Part 6 — Substance Specific Requirements

Asbestos

Definitions

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.]

Application

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

Asbestos certificate required

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.]

Employer to ensure competence, certification and compliance

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.]

Duty of owner and prime contractor

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.]

General Requirements

Exposure control plan

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.

Inventory

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.]

Identification

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.]

Assessment and classification

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.]

Control of asbestos fibre

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.]

Procedures

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.

Prohibitions

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.]

Substitution

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.]

Instruction and training

6.11   The employer must ensure that a worker who is at risk of exposure to asbestos is adequately instructed and trained in

(a) the hazards of asbestos,

(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.

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

Designated area

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.

Permanent enclosure design

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.

Glove bags

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.]

High risk work

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,

(b) a shower facility, and

(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.]

Ventilation

Containment ventilation

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.

Local exhaust ventilation

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.]

Filter testing

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

Protecting work surfaces

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.]

Preventing spread

6.21   The employer must prevent the spread of asbestos dust and debris to other work areas during the work.

Wetting material

6.22   Asbestos-containing material that is to be removed or disturbed must be effectively wetted before and during the work, whenever practicable.

Repairing damaged material

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.

Friction materials

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.]

Waste Handling and Disposal

Sealed containers

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.

Cleaning containers and equipment

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.

Waste removal

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.]

Waste disposal

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

Respiratory protection

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.]

Protective clothing

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.

Information to laundry workers

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.

Documentation

Retention of records

6.32   The employer must maintain, for at least 10 years, the following records respecting asbestos-containing materials:

(a) risk assessments;

(b) inspections;

(c) air monitoring results;

(d) instruction and training of workers;

(e) incident investigation reports.

[en. B.C. Reg. 9/2017, App. E, s. 4.]

Biological Agents

Definitions

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.]

Exposure control plan

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.]

Repealed

6.35   Repealed. [B.C. Reg. 319/2007, App. A, s. 8.]

Controls

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.]

Labels and identification

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.]

Repealed

6.38   Repealed. [B.C. Reg. 319/2007, App. A, s. 11.]

Vaccination

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.]

Medical evaluation

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.]

Repealed

6.41   Repealed. [B.C. Reg. 319/2007, App. A, s. 14.]

Hazardous Drugs

Definitions

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:

(i) carcinogenicity;

(ii) teratogenicity;

(iii) genotoxicity;

(iv) reproductive toxicity;

(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:

(a) routine cleaning;

(b) routine decontamination;

(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.]

Application

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.]

Identifying hazardous drugs

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.]

Risk assessment

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.]

Exposure control plan

6.46   (1) An employer must

(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.

(2) The employer must

(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.]

Work procedures

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,

(ii) housekeeping, and

(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.]

Reproductive toxins

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.]

Eliminating or controlling exposure

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.]

Contaminated personal protective equipment

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.]

Preparation and administration of certain hazardous drugs

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.]

Instruction and training

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.

(3) The employer must

(a) review the adequacy of the instruction and training provided under this section if there is a change to

(i) the hazardous drug, or

(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.]

Supervision

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.]

Spill kits

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.]

Storing and labelling hazardous drugs

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.]

Transporting hazardous drugs

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.]

Handling and disposing of waste

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.]

Controlling cross-contamination

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.]

Records

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

(i) parenterally,

(ii) orally, in the case of a hazardous drug in powder or liquid form or contained in a capsule that was opened, or

(iii) by topical application;

(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.]

Lead

Definitions

6.58.1   In this section and in sections 6.59 to 6.69:

"coating" means paint or any similar material that

(a) contains lead, and

(b) forms a film when dry;

"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:

(a) abrasive blasting;

(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;

(e) using lead in fire assay;

(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;

(n) spray painting;

(o) repairing radiators;

(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.]

Application

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.]

Risk assessment

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.]

Exposure control plan

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;

(e) emergency procedures;

(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.]

Elimination or control of exposure

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.]

Air monitoring for lead

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.]

Exceptions to air monitoring requirement

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

(b) the employer

(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.]

Warning signs

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.]

Personal hygiene

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.]

Housekeeping

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.]

Prohibited cleaning methods

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.]

Instruction and training

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.]

Health protection

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.

Records

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.

Primary lead smelters

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

(d) submits a summary of the annual review to the Board.

Pesticides

Definitions

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.]

Application

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.

General Requirements

Pesticide labels

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.]

Placards or signs for treated materials

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.]

Pesticide use

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.]

SDS

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.]

Informing workers

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

Qualifications

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;

(b) antisapstain materials;

(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.]

Procedures

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.

Health protection

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.

Rescue

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.

Equipment

General requirements

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.]

Fixed stations

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.

Mobile equipment

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.

Pesticide Application

Safe application practice

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.

Posting warning signs

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.

Design of warning signs

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.

Warning signs for non-fumigants

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.

Warning signs for fumigants

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),

(c) the name of the fumigant,

(d) the name of the applicator, and

(e) emergency telephone numbers for both day and night.

Restricted entry intervals

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.]

Authorization to enter before restricted entry interval expires

6.90   (1) In this section:

"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

(i) injury to persons, or

(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:

(a) that the worker

(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.]

Record of entry before restricted entry interval expires

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.]

Exemptions

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

(iv) a qualified person

(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.]

Cleanup of residues

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.

Pesticide drift

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.

Records

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.

Personal Hygiene

Wash and shower facilities

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.

Worker cleanup

6.96   A worker must immediately cleanse any body area contaminated with pesticide.

Personal protective clothing and equipment

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

Exemption

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.

Preventive measures

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.

Storage

Location

6.100   The employer must ensure that pesticides are not stored in areas where food preparation occurs, in lunchrooms, or in food storage areas.

Storage facilities

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,

(c) strength of shelving materials, and

(d) containment of spills.

Retail displays

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.

Antisapstain Applications

Substitution

6.103   An employer must investigate antisapstain materials and, whenever practicable, substitute an alternate material for a material in use, if

(a) the hazards of the substitute are known, and

(b) the risk to workers is reduced.

Ventilation

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.

Cleaning equipment

6.105   The employer must clean a metal surface of antisapstain material before any welding, burning or cutting operation is done on it.

Excess chemical

6.106   The employer must control the flooding of wood being treated by the use of

(a) mist eliminators,

(b) curtains on the spray box enclosure openings,

(c) regulation of the spray flows, or

(d) other acceptable measures.

Protective clothing

6.107   A worker handling wet treated lumber must remove protective equipment before leaving the restricted work area.

Records

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.]

Exemption

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

Definitions

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

(i) contain RCS dust, or

(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;

(b) respirable α-quartz;

(c) respirable cristobalite;

"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:

(a) sandblasting;

(b) cleaning of castings;

(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

(a) of clay, or

(b) by mixing, with water or another liquid,

(i) cement, or

(ii) a combination of cement, sand, gravel, broken stone or another aggregate.

[en. B.C. Reg. 9/2017, App. G, s. 2.]

Application

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.]

Risk assessment

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.]

Exposure control plan

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;

(e) emergency procedures;

(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.]

Elimination or control of exposure

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.]

Air monitoring for RCS dust

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.]

Exceptions to monitoring requirement

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

(b) the employer

(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.]

Blasting enclosures

6.112.5   An employer must ensure that a blasting enclosure is used for the following activities only:

(a) abrasive blasting;

(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.]

Housekeeping

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,

(ii) wet cleanup methods, or

(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.]

Instruction and training

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.]

Rock drills

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

(b) operates whenever the drill is in use.

Crushing plants

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.]

Asphalt mixing plants

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.

Application of RCS dust provisions

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.]

Toxic Process Gases

Definitions

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 / irritation1A1B1C2
Serious eye damage / irritation12A2B
Respiratory or skin sensitization1A1B
Mutagenicity1A1B2
Carcinogenicity1A1B2
Reproductive toxicity1A1B2
Specific organ toxicity
(repeated exposure)
12

, and

(b) is used for purposes of

(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.]

Application

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.

Risk assessment

6.118   The employer must ensure that a risk assessment is conducted for toxic process gases.

Exposure control plan

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.

Procedures

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.

Education and training

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.]

Enclosure

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.

Testing

6.123   The employer must provide a safe means to check and test conditions inside an enclosure before entry by authorized workers.

Ventilation

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.

Emergency ventilation

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.

Shut-down device

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.]

Personal protective equipment

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.]

Monitors and alarms

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.]

Pressure relief alarm systems

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.

Identification of controls

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.

Piping systems

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.

Maintenance

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.]

Contents | Parts 1 to 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Parts 10 to 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Parts 17 to 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Parts 25 to 26 | Part 27 | Part 28 | Parts 29 to 34 | Schedules