Definitions

1.1  In this Occupational Health and Safety Regulation:

"administrative controls" means the provision, use and scheduling of work activities and resources in the workplace, including planning, organizing, staffing and coordinating, for the purpose of controlling risk;

"Board" means the Workers' Compensation Board;

"combustible liquid" means a substance which meets the criteria for WHMIS Class B Division 3 combustible liquid (a flash point of 37.8° C (100° F) or more but less than 93.3° C (200° F));

"contaminant" means a harmful or irritant material, or nuisance dust, foreign to the normal composition of a substance, or a material that varies the normal proportions of components in a mixture such as air;

"controlled product" means a product, material or substance specified by regulations made pursuant to section 15 (1) (a) of the Hazardous Products Act (Canada) as products, materials and substances included in any of the classes listed in Schedule II of that Act;

"engineering controls" means the physical arrangement, design or alteration of workstations, equipment, materials, production facilities or other aspects of the physical work environment, for the purpose of controlling risk;

"flammable liquid" means a substance which meets the criterion for WHMIS Class B Division 2 flammable liquid (a flash point less than 37.8° C (100° F));

"hazard" means a thing or condition that may expose a person to a risk of injury or occupational disease;

"hazard area" means an area in a workplace where a hazard exists, or is created, due to a condition in the area or the activities conducted in it;

"HEPA" means, in reference to air filtration, a high efficiency particulate air filter meeting the specifications of a nuclear grade filter, providing a 99.97% filtration efficiency at a 0.3 micrometre particle size;

"IDLH atmosphere" means an atmosphere containing a substance at a concentration which is immediately dangerous to life or health (IDLH) because the concentration is greater than that from which one could escape without any escape-impairing symptoms or irreversible health effects, and includes an atmosphere with an unknown concentration with the potential to be immediately dangerous to life or health;

"incident" includes an accident or other occurrence which resulted in or had the potential for causing an injury or occupational disease;

"material safety data sheet" or "MSDS" means a document disclosing the information referred to in section 13 (a) (i) to (v) of the Hazardous Products Act (Canada) and section 12 (1) to (3) of the Controlled Products Regulations (Canada);

"mg/m³" means milligrams of a substance per cubic metre of air;

"oxygen deficient" means, in relation to air, a condition in which there is less than 19.5% oxygen by volume, or the partial pressure of oxygen is less than 16.3 kPa (122 mm Hg);

"ppm" means parts of a vapour or a gas per million parts of contaminated air by volume at a temperature of 25 degrees Celsius and an atmospheric pressure of 760 millimetres of mercury;

"practicable" means that which is reasonably capable of being done;

"professional engineer" means a person who is registered or licensed to practice engineering under the provisions of the Engineers and Geoscientists Act;

"professional geoscientist" means a professional geoscientist or licensee under the Engineers and Geoscientists Act;

"qualified" means being knowledgeable of the work, the hazards involved and the means to control the hazards, by reason of education, training, experience or a combination thereof;

"qualified registered professional" means

(a) a professional engineer or professional geoscientist, and

(b) in relation to a forestry operation, a person referred to in paragraph (a) or a registered professional forester, registered forest technologist or holder of a special permit under the Foresters Act;

"rated capacity" or "rated load" means the load that machinery or a piece of equipment is, in accordance with its design, rated to bear under section 4.8;

"risk" means a chance of injury or occupational disease;

"sensitizer" means a substance that has been shown to elicit an allergenic type of response in humans after an initial exposure, resulting in development of symptoms upon subsequent exposure at much lower concentrations;

"supervisor" means a person who instructs, directs and controls workers in the performance of their duties;

"utility service" means a petroleum pipeline, sanitary sewer line, enclosed storm sewer, water line, steam line or electrical cable;

"working load limit" or "WLL" means the maximum load which a product is authorized by the manufacturer to support in a particular service.

[am. B.C. Regs. 185/99, s. 1; 253/2001, s. 1; 312/2003, App. C, s. 1; 315/2003, App. A, s. 1; 20/2008, App. A, s. 59; 258/2008, App. A, s. 1; 312/2010, Apps. A and D, s. 1.]

Scope of application

2.1   This Occupational Health and Safety Regulation applies to all employers, workers and all other persons working in or contributing to the production of any industry within the scope of Part 3 of the Workers Compensation Act.

[am. B.C. Reg. 185/99, s. 2.]

Incident investigation reports

3.4   (1) An employer must ensure that an incident investigation report required by Division 10 of Part 3 of the Workers Compensation Act contains

(a) the place, date and time of the incident,

(b) the names and job titles of persons injured in the incident,

(c) the names of witnesses,

(d) a brief description of the incident,

(e) a statement of the sequence of events which preceded the incident,

(f) identification of any unsafe conditions, acts or procedures which contributed in any manner to the incident,

(g) recommended corrective actions to prevent similar incidents, and

(h) the names of the persons who investigated the incident.

(2) Repealed. [B.C. Reg. 185/99, s. 14.]

[am. B.C. Reg. 185/99, s. 14.]

Participation by employer or representative of employer and worker representative

3.28   For the purposes of section 174 (1.1) (c) of the Workers Compensation Act, the following activities are prescribed:

Snow avalanche assessment

4.1.1   (1) In this section:

"active avalanche safety program" means a program for monitoring daily, or more frequently if conditions warrant, the weather, snow and avalanche conditions, determining temporal fluctuations of avalanche hazards and implementing safety measures, closures or other methods specified in the program to reduce avalanche risk that has not been mitigated through use of passive measures;

"avalanche" means snow avalanche;

"avalanche risk assessment" means an assessment, done in accordance with CAA guidelines, of the terrain in and surrounding a workplace to determine if any person working at the workplace is at risk from a snow avalanche;

"avalanche risk zone" means a workplace or part of a workplace where an avalanche risk assessment determines that avalanches pose a risk to any person working at the workplace and risk control measures are required to make the area safe for work to be conducted;

"avalanche safety plan" means a documented plan meeting CAA guidelines, specifying passive measures to mitigate or reduce the avalanche risk to any person working at the workplace and any active avalanche safety program necessary to monitor and manage any avalanche risk that has not been mitigated through use of passive measures;

"CAA guidelines" means the Canadian Avalanche Association guidelines for risk determination, mapping and mitigation for snow avalanche risks as specified in the Guidelines for Snow Avalanche Risk Determination and Mapping in Canada and the Land Managers Guide to Snow Avalanche Hazards in Canada, published by the Canadian Avalanche Association in 2002;

"passive measures" means the application of CAA guidelines and other relevant standards and practices in engineering, geoscience and forestry to worksite and facility planning, location, design and use to mitigate or reduce the risk from avalanches without reliance on an active avalanche safety program, and may include the design and construction of physical defenses against avalanches;

"qualified avalanche planner" means either of the following:

(a) a qualified registered professional;

(b) a person who

(i) has training and experience in the development and implementation of active avalanche safety programs and is

(A) a professional member of the Canadian Avalanche Association,

(B) a certified guide and a member of the Association of Canadian Mountain Guides, or

(C) a certified guide and a member of the Canadian Ski Guide Association, and

(ii) on and after September 1, 2011, meets the requirements of the CAA Recommended Minimum Training and Experience for Qualified Avalanche Planners published by the Canadian Avalanche Association in August 2008.

(2) Before work commences in a workplace where there is or may be a risk from an avalanche to a person working in the workplace, an avalanche risk assessment must be prepared as follows:

(a) for workplaces involving buildings, construction, logging, transportation corridors or other work areas that will be occupied by any person working in the workplace on a permanent, seasonal or scheduled basis, by a qualified registered professional;

(b) for wilderness operations where any person working in the workplace undertakes short-duration activities in undeveloped terrain, by a qualified avalanche planner.

(3) If an avalanche risk assessment conducted under subsection (2) identifies an avalanche risk zone, no work may be conducted in the avalanche risk zone at any time when snow conditions have the potential to create an avalanche unless an avalanche safety plan has been developed and implemented.

(4) If any part of an avalanche safety plan

(a) requires passive measures, that part must be prepared by a qualified registered professional, and

(b) requires an active avalanche safety program, that part must be prepared by a qualified avalanche planner.

(5) If the avalanche safety plan required by subsection (3) includes an active avalanche safety program, a copy of that active avalanche safety program must be readily available to each person who administers or implements the avalanche safety program for the workplace.

(6) An avalanche safety plan must be reviewed to ensure that the plan is appropriate and relevant to the conditions and activities for the workplace as follows:

(a) whenever there is a significant change to the workplace activities contemplated by the plan;

(b) whenever there is a significant change to the surface terrain or forest cover in or surrounding the workplace.

(7) An active avalanche safety program must be reviewed to ensure that the program is appropriate and relevant to the conditions and activities for the workplace at least once every 60 months.

(8) The review required under subsection (6) or (7) must have any passive measures reviewed by a qualified registered professional and any active avalanche safety program reviewed by a qualified avalanche planner, and following the review the avalanche safety plan must be amended as necessary by the person or persons who conducted the review.

(9) On and after September 1, 2011, every active avalanche safety program approved before September 1, 2011 must have been prepared by, or reviewed and approved by,

(a) a qualified registered professional, or

(b) a qualified avalanche planner who is not a qualified registered professional but who meets the requirements of the CAA Recommended Minimum Training and Experience for Qualified Avalanche Planners published by the Canadian Avalanche Association in August 2008.

(10) If an avalanche safety plan specifies procedures to be followed by persons working in an avalanche risk zone, each person working in the risk zone must be trained in, and comply with, any procedures applicable to that person's work.

[en. B.C. Reg. 258/2008, App. A, s. 3; am. B.C. Reg. 312/2010, App. C, s. 1.]

 Notification of utilities

4.18  An employer whose work activities result in a hit or damage to a pipeline, buried electrical cable or other such utility must notify the owner of the utility without delay.

 Late night retail safety procedures and requirements

4.22.1  (1)  In this section:

"late night hours" means any time between 11:00 p.m. and 6:00 a.m.;

"late night retail premises" means

(a) a gas station or other retail fueling outlet, or

(b) a convenience store or any other retail store where goods are sold directly to consumers

that is open to the public for late night hours.

(2)  If a worker is assigned to work alone or in isolation in late night retail premises and there is any risk of harm from a violent act to the worker, then, in addition to any other obligations the employer has under sections 4.20.2 to 4.23,

(a) the employer must develop and implement a written procedure to ensure the worker's safety in handling money, and

(b) when that worker is assigned to work late night hours, the employer must also do either or both of the following:

(i)  ensure that the worker is physically separated from the public by a locked door or barrier that prevents physical contact with or access to the worker;

(ii)  assign one or more workers to work with the worker during that worker's assignment.

(3)  A worker described in subsection (2) must be trained in the written procedure referred to in that subsection.

[en. B.C. Reg. 318/2007, s. 4; am. B.C. Reg. 312/2010, App. B.]

 Annual reviews of procedures

4.23  The procedures referred to in sections 4.21 and 4.22.1 must be reviewed at least annually, or more frequently if there is

(a) a change in work arrangements which could adversely affect a worker's well-being or safety, or

(b) a report that the procedures are not working effectively.

[en. B.C. Reg. 318/2007, s. 5.]

Definition

4.27   In sections 4.28 to 4.31, "violence" means the attempted or actual exercise by a person, other than a worker, of any physical force so as to cause injury to a worker, and includes any threatening statement or behaviour which gives a worker reasonable cause to believe that he or she is at risk of injury.

Controlling exposure

4.81   The employer must control the exposure of workers at any workplace to environmental tobacco smoke by

(a) prohibiting smoking in the workplace,

(b) restricting smoking to a safe outdoor location that is a minimum of 3 metres from a doorway, window or air intake of an indoor workplace, subject to section 4.22 (3) of the Tobacco Control Regulation, B.C. Reg. 232/2007, and

(c) prohibiting working in an indoor area where smoking is allowed under section 4.23 (2) (a) or (b) of the Tobacco Control Regulation, except as permitted in section 4.82 of this regulation.

[am. B.C. Reg. 258/2008, App. B, s. 1.]

Exceptions

4.82   (1) An employer must ensure that a worker does not work in an indoor area where smoking is permitted under section 4.23 (2) (a) or (b) of the Tobacco Control Regulation, B.C. Reg. 232/2007, unless

(a) the worker must enter the area to respond to an emergency endangering life, health or property,

(b) the worker must enter the area to investigate for illegal activity, or

(c) the tobacco smoke has been effectively removed.

(2) If necessary to prevent tobacco smoke from entering a workplace, a room where smoking is permitted under section 4.23 (2) (a) of the Tobacco Control Regulation, B.C. Reg. 232/2007, must be provided with a separate, non-recirculating exhaust ventilation system that

(a) is designed in accordance with expected occupancy rates,

(b) maintains adequate air flows from non-smoking to smoking areas,

(c) discharges directly to the outdoors, and

(d) meets all other requirements for a smoking lounge

specified in the American Society of Heating, Refrigerating and Air-conditioning Engineers Standard 62-1989, Ventilation for Acceptable Indoor Air Quality.

[en. B.C. Reg. 258/2008, App. B, s. 2.]

Unsafe water

4.87   The employer must display at every plumbed non-potable water source from which a person might reasonably believe he or she can safely drink, a notice that the water is unfit for human consumption.

5.1.1  For the purposes of sections 5.2 and 6.33 to 6.40, the following biological agents are designated as hazardous substances:

(a) a liquid or solid material that is contaminated with a prion, virus, bacterium, fungus or other biological agent that has a classification given by the World Health Organization or Health Canada, as amended from time to time, as a Risk Group 2, 3 or 4 human pathogen that causes an adverse health effect;

(b) a biological toxin that causes an adverse health effect.

Application

5.3   (1) Sections 5.3 to 5.19 (the WHMIS Requirements) apply to employers and workers with respect to controlled products used, stored or handled at a workplace, except as provided in subsections (2) to (4).

(2) The provisions concerning a supplier label and MSDS do not apply if the controlled product is

(a) an explosive within the meaning of the Explosives Act (Canada),

(b) a cosmetic, device, drug or food within the meaning of the Food and Drugs Act (Canada),

(c) a control product within the meaning of the Pest Control Products Act (Canada),

(d) a nuclear substance, within the meaning of the Nuclear Safety and Control Act (Canada), that is radioactive, or

(e) a product, material or substance packaged as a consumer product and in quantities normally used by the consuming public.

(3) The provisions do not apply if the controlled product is

(a) wood or a product made of wood,

(b) tobacco or a product made of tobacco,

(c) a manufactured article, or

(d) being transported or handled pursuant to the requirements of the Transportation of Dangerous Goods Act, 1992 (Canada) or the Transport of Dangerous Goods Act.

(4) The provisions do not apply to a hazardous waste, except that the employer must ensure the safe storage and handling of a hazardous waste generated at the workplace through the combination of worker education and the information required by this Regulation.

[am. B.C. Reg. 199/2014, App. C, s. 1.]

Prohibition

5.4   (1) An employer must ensure that a controlled product is not used, stored or handled in a workplace unless all the applicable WHMIS Requirements concerning labels, identifiers, MSDSs and worker education and training are complied with, except as provided in subsection (2).

(2) An employer may store a controlled product in a workplace while actively seeking information required by subsection (1).

WHMIS program

5.5   If controlled products are used in the workplace the employer, in consultation with the joint committee or health and safety representative, as applicable, must establish and maintain an effective WHMIS program, as part of the overall workplace health and safety program, which

(a) addresses applicable WHMIS Requirements including education and training, and

(b) is reviewed at least annually, or more frequently if required by a change in work conditions or available hazard information.

Worker education

5.6   (1) An employer must ensure that general WHMIS education, as it pertains to the workplace, is provided to workers on the

(a) elements of the WHMIS program,

(b) major hazards of the controlled products in use in the workplace,

(c) rights and responsibilities of employers and workers, and

(d) content required on labels and MSDSs, and the significance of this information.

(2) The employer must ensure that a worker who works with or in proximity to a controlled product received from a supplier has access to all hazard information received from the supplier concerning that controlled product as well as any further hazard information of which the employer is aware or ought to be aware concerning the use, storage and handling of that product.

(3) If a controlled product is produced in a workplace, the employer must ensure that a worker who works with or in proximity to that controlled product has access to all hazard information of which the employer is aware or ought to be aware concerning that product and its use, storage and handling.

Supplier label

5.8   (1) An employer must ensure that the container of a controlled product or a controlled product received at a workplace is labelled with a supplier label.

(2) Subject to sections 5.8 (3) and 5.18, as long as any amount of a controlled product remains in a workplace in the container in which it was received from the supplier, an employer must not remove, deface, modify or alter the supplier label.

(3) If a label applied to a controlled product or a container of a controlled product becomes illegible or is accidentally removed from the controlled product or the container, the employer must replace the label with either a supplier label or a workplace label.

(4) An employer who has received a controlled product in a multicontainer shipment where the individual containers have not been labelled by the supplier must apply to each container a label that meets the requirements of the Controlled Products Regulations (Canada).

(5) If a controlled product imported under section 23 of the Controlled Products Regulations (Canada) is received at the workplace without the supplier label, the employer must apply a label that meets the requirements of that regulation.

(6) An employer who has received a controlled product transported as a bulk shipment must

(a) apply a supplier label to the container of the controlled product or to the controlled product at the workplace, or

(b) where, pursuant to section 15 of the Controlled Products Regulations (Canada) the supplier is not required to label a controlled product transported as a bulk shipment, an employer must apply a workplace label to the container of the controlled product or to the controlled product at the workplace.

Workplace label for decanted products

5.10   (1) If a controlled product in a workplace is in a container other than the container in which it was received from a supplier, the employer must ensure that the container has a workplace label applied to it.

(2) Subsection (1) does not apply to a portable container that is filled directly from a container that has a supplier label or workplace label applied to it

(a) if the controlled product

(i) is under the control of and is used exclusively by the worker who filled the portable container,

(ii) is used only during the shift in which the portable container was filled, and

(iii) the content of the container is clearly identified, or

(b) if all of the controlled product is required for immediate use.

Piping systems and vessels

5.11   If a controlled product in a workplace is contained or transferred in

(a) a pipe, or piping system including valves,

(b) a process or reaction vessel, or

(c) a tank car, tank truck, ore car, conveyor belt or similar conveyance,

the employer must ensure the safe use, storage and handling of the controlled product through worker education and the use of labels, placards, or colour coding or any other mode of identification.

Placard identifiers

5.12   If the controlled product is not in a container or is in a container in a form intended for export, the employer may fulfill the labelling requirements under sections 5.8 to 5.10 by posting a placard which

Laboratory label

5.13   (1) A label for a container of a controlled product that originates from a laboratory supply house and is packaged in quantities of less than 10 kg (22 lbs) for each container and that is intended for use in a laboratory must disclose

(a) a product identifier,

(b) where an MSDS is available, a statement indicating that fact, and

(c) the risk phrases, precautionary measures, and first aid measures applicable to the product.

(2) The employer must ensure that the contents of a container of a controlled product are clearly identified on the container if

(a) the container is not the container in which the controlled product was received from the supplier, and

(b) the employer intends to use the controlled product, or it is, in the normal course of business, used, exclusively in a laboratory.

(3) The employer must ensure that a controlled product undergoing analysis, tests or evaluations in a laboratory is clearly identified.

Supplier MSDS

5.14   (1) An employer who acquires a controlled product for use at a workplace must obtain a supplier MSDS for that controlled product if the supplier is required to prepare an MSDS.

(2) When a supplier MSDS obtained under subsection (1) for a controlled product is 3 years old, the employer must, if possible, obtain from the supplier an up-to-date supplier MSDS for the controlled product if any of the product remains in the workplace.

(3) If the employer is unable to obtain an MSDS as required by subsection (2), the employer must add to the existing supplier MSDS any new hazard information of which the employer is aware or ought reasonably to be aware, applicable to that controlled product on the basis of the ingredients disclosed in that document.

(4) The employer may provide at a workplace an MSDS in a format different from the format provided by the supplier or containing additional hazard information if the MSDS provided by the employer

(a) subject to section 5.18, contains at least the content of the supplier MSDS, and

(b) the supplier MSDS is available at the workplace and the MSDS provided by the employer indicates that fact.

Employer MSDS

5.15   (1) If an employer produces a controlled product in the workplace, the employer must prepare an MSDS for the product which discloses, subject to section 5.18, the information required under the Controlled Products Regulations (Canada).

(2) For the purpose of subsection (1), "produces" does not include the escape of a controlled product from equipment or from another product nor does it include intermediate products undergoing reaction within a reaction or process vessel.

(3) The employer must update the MSDS referred to in subsection (1)

(a) as soon as practicable after new hazard information becomes available to the employer, and

(b) at least every 3 years.

Availability of an MSDS

5.16   (1) An employer must ensure that a copy of an MSDS required by sections 5.14 or 5.15 is made readily available

(a) at the workplace to workers who may be exposed to the controlled product, and

(b) to the joint committee or to the worker health and safety representative, as applicable.

(2) If an employer is required by subsection (1) to make an MSDS readily available, it may be made available on a computer system if the employer

(a) takes all reasonable steps to keep the system in active working order,

(b) makes the MSDS readily available on the request of a worker, and

(c) provides training in accessing computer-stored MSDS to

(i) one or more workers working at a workplace where the MSDS is available on a computer terminal, and

(ii) members of the joint committee or the worker health and safety representative, as applicable.

[am. B.C. Reg. 185/99, s. 33.]

Deletions from an MSDS

5.17   If an employer claims an exemption under section 5.18, the employer may delete the information that is the subject of the claim from the MSDS required by sections 5.14 and 5.15 for the time period in section 5.19 (2), but may not delete hazard information.

Confidential business information

5.18   If, under the WHMIS Requirements, an employer must disclose on a label or an MSDS

(a) the chemical identity or concentration of an ingredient of a controlled product,

(b) the name of any toxicological study that identifies an ingredient of a controlled product,

(c) the chemical name, common name, generic name, trade name or brand name of a controlled product, or

(d) information that could be used to identify a supplier of a controlled product,

the employer may consider such information to be confidential business information and claim an exemption from the requirement to disclose that information.

[am. B.C. Reg. 185/99, s. 35.]

Claims under the HMIR Act

5.19   (1) A claim under section 5.18 must be made to the commission established under the Hazardous Materials Information Review Act (Canada) and must be filed in accordance with the procedures established under that Act and the regulations made under it.

(2) Information that an employer considers to be confidential business information is exempt from disclosure from the time a claim is filed under section 5.18 until the claim is finally determined by the commission and for a period of 3 years after that if the claim is found to be valid.

(3) An employer who makes a claim under section 5.18 must abide by the decisions and orders of the commission.

(4) An appeal from a decision made by the commission under this section may be made under and in accordance with the provisions of the Hazardous Materials Information Review Act (Canada) and any regulations made under that Act.

[am. B.C. Reg. 185/99, ss. 34 and 35.]

Grounding or bonding

5.28   Metallic or conductive containers used to transfer flammable liquids must be electrically bonded to each other or electrically grounded while their contents are being transferred from one container to the other.

Label

5.76   If an employer produces, stores, handles or disposes of a hazardous waste at a workplace, the employer must, except as provided in section 5.79, ensure that a workplace label is applied to each container of hazardous waste, or the information mandated by the Controlled Products Regulations (Canada) is provided, if applicable.

MSDS

5.78   If a hazardous waste or a fugitive emission that contains a controlled product is produced, stored, handled or disposed of in the workplace, the employer must prepare an MSDS for the hazardous waste or fugitive emission unless a hazardous waste profile sheet or its equivalent which addresses composition, hazards and safe measures for the waste or fugitive emission is readily available.

Inventory

5.98   (1) An inventory must be maintained which identifies all hazardous substances at the workplace in quantities that may endanger workers in an emergency including controlled products covered by WHMIS, explosives, pesticides, radioactive materials, hazardous wastes, and consumer products.

(2) The inventory must identify the nature, location, and approximate quantity of all such substances, and the location of MSDSs.

 Definitions

6.1  In sections 6.2 to 6.32:

"asbestos-containing material" means any manufactured article or other material which contains 1% or more asbestos by weight at the time of manufacture, or which contains 1% or more asbestos as determined in the National Institute for Occupational Safety and Health Manual of Analytical Methods, Method 9002, Issue 2 (microscopy, stereo and polarized light, with dispersion staining) or other method acceptable to the Board;

"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 material" means any material which, when dry, can be easily crumbled or powdered by hand pressure, or a material that is crumbled or powdered;

"high risk work activity" means work activity involving the handling of asbestos-containing material or working in proximity to friable asbestos-containing material, where there is a high level of control necessary to prevent exposure to excessive concentrations of airborne asbestos fibre;

"low risk work activity" means work activity in proximity to friable asbestos-containing material, where the material is not disturbed and there is no significant release of asbestos fibre;

"moderate risk work activity" means work activity involving the handling of asbestos-containing material or working in proximity to friable asbestos-containing material, not otherwise classified as low or high risk work activities.

[am. B.C. Regs. 312/2003, App. A, s. 7; 19/2006, s. 2.]

 Application

6.2  Sections 6.3 to 6.32 apply to a workplace where a worker is or may be exposed to potentially hazardous levels of asbestos fibre, including

(a) a workplace where asbestos-containing materials is present or is used,

(b) operations involving the abatement of asbestos-containing material, and

(c) an operation in which exposure to asbestos fibre, in excess of 50% of the exposure limits, may occur.

 Inventory

6.4  The employer must ensure that an inventory of all asbestos-containing materials present in the workplace is prepared and kept current.

Identification

6.5   The employer 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.

 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, 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 before any demolition, alteration, or repair of machinery, equipment, or structures where asbestos may be disturbed.

(3)  Before work involving asbestos takes place the employer must ensure that a qualified person assesses the work activity and classifies it as a low, moderate, or high risk activity.

(4)  The qualified person referenced in subsections (1) and (3) must be an occupational health and safety professional with experience in the practice of occupational hygiene as it relates to asbestos management.

 Control of friable asbestos

6.7  (1)  The employer must ensure that a friable asbestos-containing material in the workplace is 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 friable asbestos-containing material unless necessary precautions have been taken to protect workers.

 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 or asbestos-containing dust is handled or used.

 Friction materials

6.24  If automotive service procedures may involve asbestos-containing friction 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.

 Waste removal

6.27  The employer must remove all asbestos dust and debris from the work area with a vacuum cleaner equipped with a HEPA-filtered exhaust, or by other means acceptable to the Board, while the work is in progress, at the end of each work shift, and at the completion of work involving asbestos.

[am. B.C. Reg. 253/2001, s. 3.]

Types of records

6.32   (1) The employer must maintain, for at least 10 years, records of asbestos-containing materials inventories and risk assessments, inspections and air monitoring results.

(2) The employer must maintain, for at least 3 years, records of corrective actions to control asbestos fibre release, training and instruction of workers, written work procedures and written notification of the Board.

[am. B.C. Reg. 188/2011, App. B, s. 12.]

Definition

6.42   In sections 6.43 to 6.58:

"cytotoxic drug" means an agent that possesses a specific destructive action on certain cells or that may be genotoxic, oncogenic, mutagenic, teratogenic, or hazardous to cells in any way and includes most anti-cancer drugs.

Exposure control plan

6.43   If a worker is or may be occupationally exposed to a cytotoxic drug, the employer must develop and implement an exposure control plan meeting the requirements of section 5.54.

Information

6.44   If a cytotoxic drug is received, prepared, administered, stored or disposed of at a workplace, the employer must maintain and make readily available to workers information on its

(a) acute and chronic toxicity, including any potential reproductive hazard,

(b) acute exposure treatment, and

(c) safe handling.

[am. B.C. Reg. 21/2006, s. 1.]

Labels

6.45   A container of a cytotoxic drug and a shelf or bin where a cytotoxic drug is regularly stored must be appropriately labelled.

Signs

6.46   Warning signs which are clearly visible and clearly state the identified hazards must be posted in all areas where cytotoxic drugs are stored or mixed.

List

6.47   Storage and preparation areas for cytotoxic drugs must be posted with a list of all cytotoxic drugs present in the workplace.

Procedures

6.48   (1) When a cytotoxic drug is received, prepared, administered, stored or disposed of, written safe work procedures must be developed and implemented for applicable aspects of receiving, storage, preparation, administration and waste handling.

(2) The work procedures required by subsection (1) must be readily available for reference by workers and where practicable, summaries of relevant procedures must be posted in the appropriate work areas.

[am. B.C. Reg. 21/2006, s. 2.]

Reproductive toxins

6.49   (1) At any worksite where a worker is occupationally exposed to a cytotoxic drug that is a reproductive toxin, the employer must develop policy and procedures appropriate to the risk, which may include protective reassignment.

(2) The policy and procedures must inform workers about the reproductive toxin and identify ways to minimize exposure to the reproductive toxin for a worker who has advised the employer of pregnancy or intent to conceive a child.

Instruction

6.50   (1) A worker involved in any aspect of handling a cytotoxic drug must receive pre-job education and on-the-job training on the handling of this substance.

(2) The instruction required by subsection (1) must address the

(a) known health risks, including any potential reproductive hazards,

(b) relevant techniques and procedures for safe handling,

(c) proper use of protective equipment and materials, and

(d) spill and waste disposal procedures.

(3) The adequacy of instruction must be assessed when required by a change in the substance used, information available on the substance or a change in work procedures, and retraining provided where necessary.

Supervision

6.51   A worker involved in any aspect of cytotoxic drug handling must be effectively supervised.

Records

6.52   (1) The employer must maintain a record of all workers who prepare or administer cytotoxic drugs, including the name of the drugs handled, and when practicable, the number of preparations or administrations per week.

(2) Exposure records must be maintained for the duration of employment plus 10 years, and training records for 3 years from the date that the training occurred.

Drug preparation and administration

6.53   (1) All mixing, preparation and priming of administration sets with a cytotoxic drug must be performed in one centralized area in a specially designated Class II Type B biological safety cabinet that

(a) is exhausted to the outside atmosphere in a manner that prevents recirculation into any work area,

(b) has exhaust and ventilation systems that remain in operation for a sufficient period of time to ensure that no contaminants escape from the biological safety cabinet into the workplace, and

(c) is equipped with a continuous monitoring device to permit confirmation of adequate airflow and cabinet performance.

(2) The administration of cytotoxic drugs must be done by following safe work procedures.

[am. B.C. Reg. 21/2006, s. 3.]

Disconnects

6.54   Syringes and intravenous sets used for cytotoxic drugs must have appropriate fittings, such as Luer locking fittings, which prevent accidental disconnection.

[am. B.C. Reg. 21/2006, s. 4.]

Personal protective equipment

6.55   (1) Adequate personal protective equipment must be provided and worn whenever there is a risk of contact with a cytotoxic drug.

(2) For the purposes of subsection (1) personal protective equipment includes

(a) medical gloves that are manufactured and designed for use when handling cytotoxic drugs,

(b) a moisture resistant, long-sleeved gown with cuffs,

(c) if there is a risk of contact with aerosols, an approved respirator, and

(d) if there is a risk of eye contact, eye and face protection.

(3) Used gowns and gloves must not be worn outside the preparation, administration or storage area and must be handled as hazardous waste or contaminated linen.

(4) All other non-disposable personal protective equipment must be cleaned immediately after use.

[am. B.C. Reg. 21/2006, s. 5.]

Personal hygiene

6.56   Eating, drinking, smoking, application of cosmetics or storage of food is prohibited in any area where a cytotoxic drug is mixed, administered or stored.

Waste disposal

6.57   (1) Adequate, leak-proof waste disposal containers, including sharps and solids containers, and distinctive plastic waste bags must be available in every area where cytotoxic drugs are prepared, administered or stored, and all cytotoxic drug-related waste must be placed into these containers or bags.

(2) Any excreta from a patient being treated with cytotoxic drugs that is handled by a worker must be treated as cytotoxic drug-related waste.

[am. B.C. Reg. 21/2006, s. 6.]

Spills

6.58   (1) Written emergency procedures to address spills of a cytotoxic drug must be developed and implemented which address requirements for small spill cleanup, both inside and outside the biological safety cabinet, large spill cleanup, and personal decontamination.

(2) Spill kits, clearly labelled, must be kept in or near cytotoxic drug preparation, administration and storage areas and a sign detailing spill procedures must be posted in all such areas.

[am. B.C. Reg. 21/2006, s. 7.]

Application

6.59   Sections 6.60 to 6.69 apply to any workplace where a worker is or may be exposed to potentially hazardous levels of inorganic lead.

Exposure control plan

6.60   The employer must develop and implement an exposure control plan meeting the requirements of section 5.54 if workers are or may be exposed to lead in excess of 50% of the exposure limits, or if exposure through any route of entry could result in elevated lead body-burdens, as defined by the Board.

Air monitoring in construction projects

6.61   If there is a potential for hazardous exposure to airborne lead in a construction project, the employer must ensure that air monitoring is conducted

(a) during the first shift of the construction project involving lead, and

(b) as necessary throughout the project to ensure that controls are effective and respirators are adequate.

[am. B.C. Reg. 312/2010, App. G, s. 3.]

Warning signs

6.62   Warning signs must be posted at the boundary of any work area where hazardous lead exposures could occur.

Personal hygiene

6.63   If exposure to finely divided lead or lead compounds results in the contamination of exposed skin or work clothing, the requirements for personal hygiene in Part 5 [Chemical Agents and Biological Agents] must be met.

Work surfaces

6.64   All surfaces in the work area must be kept as free as practicable from accumulations of lead dust.

Lead removal

6.65   Removal of lead dust must be done by a means which prevents the dispersal of finely divided lead into any work area.

Instruction and training

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

(a) the hazards of lead,

(b) the written work procedures to be followed,

(c) the correct operation and use of any required engineering controls and personal protective equipment,

(d) personal hygiene and decontamination procedures, and

(e) the purpose and significance of any health monitoring.

Labels and 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 labels, placards or signs are provided with the treated materials stating

(a) the pesticides applied,

(b) the date of last application, and

(c) the hazards and precautions required for handling these materials.

MSDS

6.75   The employer must make readily available to workers an MSDS or its written equivalent for all pesticides used at the workplace.

[am. B.C. Reg. 185/99, s. 45.]

Informing workers

6.76   The employer must ensure that workers occupying a building or structure where a pesticide is to be applied are informed of

(a) the intent to use the pesticide,

(b) the hazards associated with its use, and

(c) the precautions required during the operations.

[am. B.C. Reg. 185/99, s. 45.]

Restricted entry intervals

6.89   (1) Except where entry is permitted by section 6.90 or 6.91, the employer must ensure that a person does not enter a workplace or portion of a workplace where a pesticide has been applied, until the restricted entry interval has elapsed.

(2) The length of the restricted entry interval required by subsection (1) is a minimum of

(a) 24 hours for a pesticide which is classified as slightly toxic,

(b) 48 hours for a pesticide which is classified as moderately or very toxic, and for any mixture in which a moderately or very toxic pesticide is present, or

(c) the interval specified on a pesticide label if that interval is longer than the interval determined in paragraphs (a) or (b).

Authorization to enter

6.90   (1) If, before the expiry of the restricted entry interval, the employer authorizes a worker to enter a field, building or structure in which a pesticide has been applied the employer must ensure that

(a) the hazards to workers have been assessed by a qualified person,

(b) the worker is provided with and wears the proper personal protective clothing and equipment required by this Regulation, and

(c) the worker follows proper procedures.

(2) If the employer authorizes a worker to enter a building or structure in which a pesticide has been applied, the employer must ensure that

(a) where practicable, the treated area of the building is ventilated and the atmosphere has been tested or otherwise evaluated by a qualified person and declared safe to enter, and

(b) if a worker may be incapacitated after re-entry, provision has been made for rescue in a manner that meet the requirements of section 6.80.

Exemptions

6.91   (1) In a structural pesticide application, the employer is exempt from sections 6.85 to 6.90 when small quantities of slightly toxic pesticides are applied in a manner that minimizes the release of aerosols and residues on work surfaces, or moderately toxic pesticides are safely applied in restricted exposure applications such as crack and crevice treatments provided that

(a) areas treated with these pesticides are clearly identified to workers,

(b) the treated indoor space has been adequately ventilated,

(c) safe work procedures are used, including applicable restricted entry intervals stated on pesticide labels or provided by an authority acceptable to the Board,

(d) a hazardous accidental release does not occur during the application, and

(e) a qualified person inspects the area following application to determine that paragraphs (a) to (d) have been complied with and notifies the employer of the applicable restricted entry intervals and any additional entry precautions, and the employer implements the instructions of the qualified person.

(2) For a system used to handle and apply biocides and slimicides, the employer is exempt from the requirements of sections 6.85 to 6.90 with respect to warning signs and restricted entry intervals, provided that

(a) the system minimizes the release of aerosols and residues on work surfaces,

(b) areas where these pesticides are handled or used are identified to workers, and

(c) entry into these work areas is restricted to authorized workers.

Records

6.108   The employer must keep records and MSDSs 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.

Application

6.110   Sections 6.110 to 6.115 apply to rock crushing, drilling, mucking, excavation, loading, transportation, road grading, road construction or conveying of rock or similar operations.

Dust control

6.111   (1) The employer must ensure that dust concentrations to which a worker may be exposed are maintained at or below the established exposure limits, by one or a combination of

(a) mechanical ventilation,

(b) the use of water spray,

(c) other equally effective methods.

(2) When practicable, ventilation systems for removing dust must be equipped with effective filtration.

Restricted access

6.112   The employer must ensure that only those properly protected workers who are necessary to perform the work are permitted in a dust hazard area.

Rock crushing plants

6.114   Rock crushing plants must be equipped with the following dust controls:

(a) rock crushers, including jaw, roll, cone, or hammer-mills must have an effective mechanical exhaust system;

Safety eyewear

8.14   (1) A worker must wear properly fitting safety eyewear appropriate to the conditions of the workplace if handling or exposed to materials which are likely to injure or irritate the eyes.

(2) Properly fitting safety eyewear appropriate to the conditions of the workplace must be worn if a worker

(a) has 20/200 or less vision in either eye, or is blind in either eye, or

(b) is working on or testing electrical equipment energized at a potential greater than 30 volts.

Prescription safety eyewear

8.15   (1) Prescription safety eyewear must meet the requirements of CSA Standard CAN/CSA-Z94.3-92, Industrial Eye and Face Protectors.

(2) Bifocal and trifocal glass lenses must not be used if there is danger of impact unless they are worn behind impact rated goggles or other eye protection acceptable to the Board.

(3) If the use of polycarbonate or plastic prescription lenses is impracticable, due to the conditions of the workplace, and there is no danger of impact, workers may use prescription lenses made of treated safety glass meeting the requirements of ANSI Standard Z87.1-1989, Practice for Occupational and Educational Eye and Face Protection.

[am. B.C. Reg. 312/2003, App. A, s. 5.]

Sideshields

8.16   Safety eyewear must be fitted with sideshields when necessary for the safety of a worker.

Face protection

8.17   (1) If there is a risk of face injury, suitable face protection must be worn.

(2) Face protectors and non prescription safety eyewear must meet the requirements of

(a) CSA Standard CAN/CSA-Z94.3-92, Industrial Eye and Face Protectors, or

(b) ANSI Standard Z87.1-1989, Practice for Occupational and Educational Eye and Face Protection.

(c) Repealed. [B.C. Reg. 312/2003, App. A, s. 11 (c).]

[am. B.C. Reg. 312/2003, App. A, s. 11.]

Contact lenses

8.18   Adequate precautions must be taken if a hazardous substance or condition may adversely affect a worker wearing contact lenses.

[am. B.C. Reg. 185/99, s. 51.]

High visibility apparel

8.24   (1) Repealed. [B.C. Reg. 242/2006, s. 1 (a).]

(2) A worker exposed to the hazards of vehicles travelling at speeds in excess of 30 km/h (20 mph) must wear high visibility apparel meeting the Type 1 or Type 2 criteria of WCB Standard Personal Protective Equipment Standard 2-1997, High Visibility Garment.

(3) A worker whose duties on the work site result in exposure to the hazards of mobile equipment must wear high visibility apparel meeting at least the Type 3 criteria of WCB Standard Personal Protective Equipment Standard 2-1997, High Visibility Garment.

[am. B.C. Regs. 312/2003, App. A, ss. 4 and 5; 242/2006, s. 1.]

Automatically inflatable lifejackets

8.29   If automatically inflatable lifejackets are used, the employer must keep a record of all inspections made and maintenance performed on them.

[am. B.C. Reg. 312/2003, App. B, s. 11.]

 When required

8.32  The employer must provide appropriate respiratory protective equipment if a worker is or may be exposed to concentrations of an air contaminant in excess of an applicable exposure or excursion limit, or to an oxygen deficient atmosphere.

 Protection factors

8.34  A respirator must not be used for protection against concentrations of an air contaminant greater than the maximum use concentration, which is the concentration determined by multiplying the exposure limit for the air contaminant by the appropriate respirator protection factor selected from Table 8-1, or as otherwise determined by the Board.

[am. B.C. Reg. 20/2006, s. 2.]

 Isolation

9.18  (1)  Except as provided in subsection (2), before a worker enters a confined space, adjacent piping which contains or has contained a harmful substance must be controlled by

(a) disconnecting, blanking or blinding, or equivalent engineered system, or

(b) if the adjacent piping contains a harmful substance that is not a gas or a vapour, nor a liquid of sufficient volatility to produce a hazardous concentration of an air contaminant in the discharge of the piping, a double block and bleed system.

(2)  If adjacent piping contains or has contained a substance that is hazardous only because of its pressure, temperature or quantity, before a worker enters the space, the pressure must be controlled

(a) to meet the requirements of subsection (1),

(b) provided there is no other pressure source or head pressure, by de-energizing and locking out the pressure source and depressurizing the line, or

(c) by other effective means.

(3)  Repealed. [B.C. Reg. 243/2006, s. 4 (d).]

(4)  Except when used in an acceptable double block and bleed system, the closing of one or more valves in a line is not an acceptable means of isolation.

(5)  Isolation of a confined space from gases found in a gravity-flow municipal or domestic sanitary or storm sewer system may be accomplished by a p-trap, provided that

(a) the integrity of the trap is ensured immediately upon entry, and

(b) the atmosphere is continuously monitored and shown to contain clean respirable air.

[am. B.C. Reg. 243/2006, s. 4.]

 Exemptions

9.18.1  (1)  In this section:

"public water supply system" includes valve and meter chambers and pressure reducing stations;

"dam water passageway" includes conduits, pipes, penstocks, power generating chambers, valves and related structures located within storage, diversion or other dams.

(2)  Section 9.18 (4) does not apply to water piping that is part of a public water supply system if the piping and associated equipment is designed, constructed, maintained and certified by a professional engineer to American Water Works Association standards.

(3)  Section 9.18 (4) does not apply to a dam water passageway if the structures of the passageway, including a gate valve or other flow control device, are certified by a professional engineer as being safe for workers to enter to perform the intended work.

[en. B.C. Reg. 320/2007, App. B.]

 Kickback fingers, splitters and spreaders

12.60  (1)  Except as provided in subsection (2), a hand-fed circular saw with rip-type teeth must have kickback fingers and a splitter or spreader designed to prevent kickback.

(2)  Kickback fingers, splitters or spreaders are not required when grooving, dadoing or rabbeting.

 Driven-feed chippers

12.70  A driven-feed chipper must have a guard chute or apron extending at least 90 cm (3 ft) from the feed rollers and a panic bar to stop the feed rollers.

 Swing-arm restraint

12.80.2  (1)  If an automotive lift has swing arms, a swing-arm pivot restraint system must be used.

(2)  The swing-arm pivot restraint system must incorporate a means to prevent unintentional removal or disengagement.

[en. B.C. Reg. 17/2006, s. 7.]

Self-propelled drills

12.91   (1) The operator or other workers may only ride on a self-propelled drill if in a safe position inside a roll over protective structure (ROPS).

(2) If there is no ROPS, the drill must have controls for machine travel located to allow the operator to move the machine from a position off the machine and clear of any hazard should the drill roll or slide downhill.

12.124  Respiratory protective equipment must be provided and worn if an effective means of natural, mechanical or local exhaust ventilation is not practicable

12.135  Each worker who is or may be exposed to an airborne contaminant generated by a spray operation involving a sensitizing agent referred to in section 5.57 (1) must be provided with and wear air-supplied respiratory protection.

Position and stability

13.5   A ladder must

(a) be placed on a firm and level base,

(b) be positioned so that the horizontal distance from the base to vertical plane of support is approximately ¼ of the ladder length,

(c) have sufficient length to project approximately 1 m (3 ft) above the upper landing to which it provides access, and

(d) if necessary, be secured to ensure stability during use.

[en. B.C. Reg. 422/2004, s. 1.]

 Lift truck (forklift) mounted work platforms

13.30  (1)  A work platform supported by a lift truck may be used to support people only if other conventional means of access for the task, such as ladders, scaffolds and elevating work platforms, are not practicable.

(2)  A work platform supported by a lift truck must be designed and used in accordance with WorkSafeBC Standard 13.30 Work Platforms supported by Lift Trucks.

[en. B.C. Reg. 320/2007, App. D, s. 2.]

13.32  A swing stage, boatswain's chair and portable powered platform must not be used without prior permission of the Board if

13.32   Before a swing stage, boatswain's chair or portable powered platform is used in any of the following circumstances, a professional engineer must have certified in writing that the design, installation and proposed use of the swing stage, boatswain's chair or portable powered platform, as the case may be, meets the requirements of CSA Standard CAN/CSA Z271-98 (R2003) Safety Code for Suspended Elevating Platforms and CSA Standard CAN/CSA Z91-02 (R2008) Health and Safety Code for Suspended Equipment Operations:

Support structure

14.11   (1) The rated capacity of a hoist must not exceed the capacity of the structure supporting the hoist.

(2) Selector switches or other effective means must be provided to ensure that the supporting structure is not overloaded by simultaneous use of multiple hoists installed on the supporting structure.

[am. B.C. Reg. 320/2007, App. E, s. 8.]

Contact with loads and structures

14.39   (1) A load must not contact a structural member of a crane or hoist and a structural member of a crane or hoist must not contact any building, bridge, other crane or any other structure, fixture or improvement.

(2) If contact as described in subsection (1) occurs, a qualified person must inspect the point of contact, and visible damage such as a cracked weld or a bent or dented member must be assessed, repaired as necessary, and the damaged or repaired area certified by a professional engineer as safe for use.

(3) Equipment used for handling logs and specifically designed for the logs to contact the boom or other structural member is exempt from the requirements of subsections (1) and (2), provided workers are kept out of the hazard area created by the loads being handled.

[am. B.C. Reg. 320/2007, App. E, s. 24.]

 Permission to use

14.116  If it is not practicable to provide safe access to a work platform on a chimney or similar structure using stairs or other means acceptable under the BC Building Code or this Regulation, a chimney hoist meeting the requirements of WorkSafeBC Standard 14.116 Chimney Hoists may, with the prior permission of the Board, be used to provide access for any person.

[en. B.C. Reg. 320/2007, App. E, s. 67.]

 Load rating

14.119  The rated capacity of a chimney hoist must be conspicuously marked on the platform or cage and must not be exceeded.

[am. B.C. Reg. 320/2007, App. E, s. 68.]

 Wire rope splices

15.23  Wire rope splices made using wire rope clips must

(a) use double the number of clips specified by the manufacturer or Table 15-2 for a single loop termination, when forming a lap splice, or

(b) use the number of clips specified by the manufacturer or Table 15-2 for each loop termination, when forming a double loop splice.

15.30  Unless otherwise required by this Regulation, wire rope, alloy steel chain, metal mesh, synthetic fibre rope and synthetic fibre web slings must meet the requirements of ASME B30.9-1990, Slings.

Definitions

16.1   In this Part:

"all-terrain cycle" means a motorized off-highway vehicle designed to travel on 3 low pressure tires, with a seat designed to be straddled by the operator and handlebars for steering;

"all-terrain vehicle" or "ATV" means a motorized off-highway vehicle, designed to travel on 4 or more low pressure tires with or without tracks added, with a seat designed to be straddled by the operator and handlebars for steering;

"mobile equipment" means a wheeled or tracked vehicle which is engine or motor powered, together with attached or towed equipment, but not a vehicle operated on fixed rails or tracks;

"no significant hazard of rollover" means an area in which there are no grades exceeding 10%, no operating areas with open edges, no open ramps, loading docks, ditches or other similar hazards which might cause a rollover;

"specific location" means a yard, plant or other clearly defined and limited area in which mobile equipment is operated, but does not include an entire municipality, district, transient forestry operation or construction site.

Application

16.2   This Part applies to mobile equipment used by or around workers.

Operation and maintenance

16.3   (1)-(2) Repealed. [B.C. Reg. 312/2003, App. J, s. 5.]

(3) Maintenance records for any service, repair or modification which affects the safe performance of the equipment must be maintained and be reasonably available to the operator and maintenance personnel during work hours.

(4) Repealed. [B.C. Reg. 312/2003, App. J, s. 5.]

(5) Servicing, maintenance and repair of mobile equipment must not be done when the equipment is operating, unless continued operation is essential to the process and a safe means is provided.

(6) Mobile equipment used off maintained roads must be appropriate and safe for the intended use considering factors such as the nature of the travel surface, the slope of the travel surface, and the activities to be undertaken.

(7) In addition to complying with the applicable requirements in this Part, a variable reach rough terrain forklift truck, as defined in section 2 of the standard adopted by reference under section 16.7 (e), must meet and be used in accordance with the requirements of sections 14.5, 14.7, 14.8, 14.12, 14.13, 14.15, 14.39, 14.43 and 14.69.

(8) A record of inspections and maintenance meeting the requirements of section 4.9 must be kept by the operator of a variable reach rough terrain forklift truck, as defined in section 2 of the standard adopted by reference under section 16.7 (e), and any other persons inspecting and maintaining that truck.

[am. B.C. Regs. 312/2003, App. J, s. 5; 320/2007, App. E, s. 70; 312/2012, App. E, s. 1.]

Competency of operators

16.4   (1) A person must not operate mobile equipment unless the person

(a) has received adequate instruction in the safe use of the equipment,

(b) has demonstrated to a qualified supervisor or instructor competency in operating the equipment,

(c) if operating equipment with air brakes, has a valid air brake certificate or a driver's license with an air brake endorsement, or evidence of successful completion of a course of instruction on air brake systems by an organization acceptable to the Board, and

(d) is familiar with the operating instructions for the equipment.

(e) Repealed. [B.C. Reg. 312/2003, App. F, s. 6 (c).]

(2) Subsection (1) (a) and (c) does not apply if a trainee operates the equipment under the supervision of a qualified instructor, or a supervisor.

[am. B.C. Reg. 312/2003, App. F, s. 6.]

Operator's responsibility

16.5   The operator of mobile equipment must operate the equipment safely, maintain full control of the equipment, and comply with the laws governing the operation of the equipment.

Supervisor's responsibility

16.6   A supervisor must not knowingly operate or permit a worker to operate mobile equipment which is, or could create, an undue hazard to the health or safety of any person, or is in violation of this Regulation.

Standards

16.7   The design, fabrication, use, inspection and maintenance of mobile equipment must meet the requirements of the following applicable standard:

(a) Articulating Boom Cranes: ANSI Standard ASME B30.22-2005, American National Standard for Articulating Boom Cranes;

(b) Four Wheel All-Terrain Vehicles: ANSI Standard SVIA-1-1990, American National Standard for Four Wheel All-Terrain Vehicles — Equipment, Configuration, and Performance Requirements;

(c) Mobile and Locomotive Cranes: CSA Standard Z150-1998, Safety Code for Mobile Cranes, or ANSI Standard ASME B30.5-2004, Mobile and Locomotive Cranes;

(d) Powered Industrial Trucks (low lift and high lift): ANSI/ITSDF B56.1-2009, Safety Standard for Low Lift and High Lift Trucks;

(e) Rough Terrain Forklifts: ANSI/ITSDF B56.6-2011, Safety Standard for Rough Terrain Forklift Trucks;

(f) Side Boom Tractors: ANSI Standard ASME B30.14-2004, Side Boom Tractors;

(g) Vehicles with Mounted Aerial Devices (except firefighting equipment): CSA Standard CAN/CSA-C225-10 Vehicle-mounted aerial devices or ANSI/SIA A92.2-2009 Vehicle-mounted elevating and rotating aerial devices;

(h) Vehicles with Mounted Aerial Devices (firefighting equipment): NFPA 1904, Aerial Ladder and Elevating Platform Fire Apparatus, 1991 Edition;

(i) Safety and hazard warnings: ISO Standard 9244:1995 Earth-moving machinery-safety signs and hazard pictorials — General principles;

(j) Lift Truck Operator training: CSA Standard B335-94, Industrial Lift Truck Operator Training.

[am. B.C. Regs. 312/2003, App. A, s. 4; 312/2012, App. E, s. 2.]

 Warning signal device

16.8  (1)  Mobile equipment in which the operator cannot directly or by mirror or other effective device see immediately behind the machine must have an automatic audible warning device which

(a) activates whenever the equipment controls are positioned to move the equipment in reverse, and

(b) if practicable, is audible above the ambient noise level.

(2)  Repealed. [B.C. Reg. 253/2001, s. 12 (b).]

[am. B.C. Reg. 253/2001, s. 12.]

Warning signal device — backup alarm

16.8   If an operator of mobile equipment cannot directly or by a mirror or other effective device see immediately behind the mobile equipment, the mobile equipment must not be used unless the mobile equipment has an audio warning device that

(a) provides a signal to people in the vicinity that, if practicable, is audible above the ambient noise level in the workplace where the equipment is being used, and

(b) is activated automatically when the equipment controls are positioned to move the equipment in reverse.

[en. B.C. Reg. 312/2010, App. L, s. 1.]

Warning signal device — extended component

16.8.1   (1) If mobile equipment is used to collect, transport or compact waste material, recyclable material or both, the mobile equipment must have a visual or audio warning device that

(a) provides a signal to the operator of the mobile equipment when a lifting mechanism, top door cover, body, tilt frame or tailgate component of the mobile equipment is extended in a manner that

(i) is likely to contact an overhead obstruction when the mobile equipment is in use, or

(ii) creates a hazardous condition, and

(b) meets the requirements of subsection (2) or (3), whichever is applicable.

(2) If a visual warning device is provided under subsection (1), the visual warning signal from the device must display within the operator's field of vision when the operator is using the mobile equipment.

(3) If an audio warning device is provided under subsection (1), the audio warning signal from the device must make a distinct sound that is audible to the operator above the ambient noise level when the operator is using the mobile equipment.

[en. B.C. Reg. 312/2010, App. L, s. 2.]

Lights

16.9   (1) Mobile equipment used during the period from 1/2 hour after sunset to 1/2 hour before sunrise, or when persons or vehicles are not clearly discernible at a distance of 150 m (500 ft), must have and use lights to adequately illuminate

(a) the direction of travel,

(b) the working area about the mobile equipment, and

(c) the cab instruments.

(2) A headlight and backing light required by subsection (1) (a) must meet the requirements of Society of Automotive Engineers (SAE) J1029 MAR86, Lighting and Marking of Construction and Industrial Machinery.

[am. B.C. Reg. 312/2003, App. A, s. 5.]

Rear view mirrors

16.10   (1) Mobile equipment must have a mirror or mirrors providing the operator with an undistorted reflected view to the rear of the mobile equipment or combination of mobile equipment, except as provided in subsections (1.1), (1.2) and (2).

(1.1) If necessary to improve rear vision, parabolic mirrors in combination with flat mirrors may be used.

(1.2) A parabolic mirror, flat mirror or both may be used on a lift truck.

(2) A rear view mirror is not required on mobile equipment if the conditions of use or equipment structure makes the use of mirrors impracticable.

[en. B.C. Reg. 253/2001, s. 13.]

Window standards

16.11   (1) Windows on mobile equipment must be made of safety glazing meeting the requirements of ANSI Standard Z26.1-1990, American National Standard for Safety Glazing Materials for Glazing Motor Vehicles and Motor Vehicle Equipment Operating on Land Highways — Safety Code.

(2) If the maximum travel speed of a machine is 40 km/h (25 mph) or less, tempered windscreen glazing meeting the requirements of ANSI/SAE Z26.1-1990, American National Standard for Safety Glazing Materials for Glazing Motor Vehicles and Motor Vehicle Equipment Operating on Land Highways — Safety Code, section 4, item 2 is permitted for use as the windshield on the front of the machine.

(3) If wipers are used on plastic glazing, the glazing surface must be hard coated.

(4) Each window on mobile equipment manufactured after February 1, 2002 or otherwise installed on mobile equipment after that date must be marked to identify the manufacturer, the standard to which the window conforms, and in the case of polycarbonate windows, the thickness and grade of material.

[en. B.C. Reg. 253/2001, s. 13; am. B.C. Reg. 312/2003, App. A, s. 5.]

Maintenance

16.12   Windshields, side and rear windows, and rear-vision mirrors must be maintained to provide clear vision to the operator.

Braking requirements

16.13   (1) Mobile equipment must have braking systems meeting the requirements of the following applicable standard:

(a) Society of Automotive Engineers (SAE) Standard J1473 OCT90, Brake Performance — Rubber-Tired Earthmoving Machines;

(b) Society of Automotive Engineers (SAE) Standard J1026 APR90, Braking Performance — Crawler Tractors and Crawler Loaders;

(c) Society of Automotive Engineers (SAE) Standard J1178 ISO11169 DEC94, Machinery for Forestry — Wheeled Special Machines — Vocabulary, Performance Test Methods, and Criteria for Brake Systems;

(d) Society of Automotive Engineers (SAE) Standard J1472 JUN87, Braking Performance — Roller Compactors;

(e) ANSI Standard ASME B56.1-1993, Safety Standard for Low Lift and High Lift Trucks;

(f) ANSI Standard ANSI/ASME B56.6-1992, Safety Standard for Rough Terrain Forklift Trucks;

(g) SAE J/ISO 11512 MAR96, Machinery for Forestry — Tracked Special Machines — Performance Criteria for Brake Systems.

(2) Mobile equipment manufactured before the publication of the standards listed in subsection (1) may remain in service using the brake system originally specified by the manufacturer unless, in the opinion of the Board, modification is necessary to ensure that the braking system is adequate.

(3) Mobile equipment used as an off-road transport vehicle on a slope greater than 20% must have a braking system meeting the performance requirements of Society of Automotive Engineers (SAE) Standard J1178 ISO11169 DEC94, Machinery for Forestry — Wheeled Special Machines — Vocabulary, Performance Test Methods, and Criteria for Brake Systems.

(4) Mobile equipment must have a parking system that does not use gas or fluid pressure to maintain its application and the parking system control must be located so that the operator, in the operator's seat, can activate it.

(5) If mobile equipment depends on engine power for stopping and power failure will result in loss of adequate capability to stop, supplementary means must be provided to enable the operator to bring the equipment to a controlled stop.

(6) If the Board is satisfied that it is not practicable to comply with subsections (1) to (5), the Board may exempt the mobile equipment from their application subject to conditions the Board specifies.

[am. B.C. Reg. 312/2003, App. A, s. 5.]

Supplementary steering

16.14   (1) If wheeled mobile equipment depends on engine power for steering and power failure will result in loss of adequate directional control, a supplementary system must be provided to enable the operator to steer to a controlled stop.

(2) The supplementary steering system required by subsection (1) for equipment capable of a travel speed greater than 20 km/h (13 mph) must meet the requirements of Society of Automotive Engineers (SAE) Standard J1511 ISO5010 FEB94, Steering For Off-Road, Rubber-Tired Machines.

(3) A rubber tired skidder manufactured after January 1, 2000 must have a supplementary steering system meeting the requirements of subsection (2).

[am. B.C. Reg. 312/2003, App. A, s. 5.]

Steering wheel knobs

16.15   (1) A steering wheel knob is not permitted on mobile equipment if road wheel reaction forces to the steering wheel are hazardous to the operator.

(2) A steering wheel knob must be a low profile or mushroom type, and lie completely within the periphery of the steering wheel.

Safe starting

16.16   Mobile equipment must be protected against engine starter engagement when the engine is coupled to the wheels or tracks.

Escape from a cab

16.17   (1) Mobile equipment with a single cab entrance door, manufactured after January 1, 2000, must have an alternate means of escape that is clearly marked both inside and outside the cab and which

(a) is not located on the same surface as the cab entrance door,

(b) is usable regardless of the position of movable components or accessories of the machine,

(c) does not pose additional hazards to the operator,

(d) can be opened from both the inside and outside without the use of tools when the equipment is in use,

(e) requires a force of not more than 135 N (30 lbs) to open, and

(f) provides a clear opening of at least 65 cm (26 in) in diameter if circular, 60 cm (24 in) on each side if square, and 47 cm by 65 cm (19 in by 26 in) if rectangular, or the dimensions of which comply with ISO Standard 2867-1994, Earth-Moving Machinery — Access Systems.

(2) Mobile equipment with a single cab entrance door, manufactured before January 1, 2000, must meet the requirements for an alternate means of escape required at the date of manufacture, unless otherwise directed by the Board.

[am. B.C. Reg. 381/2004, s. 6.]

Controls

16.18   (1) Operating controls for mobile equipment must meet the requirements of a standard acceptable to the Board for the type of equipment.

(2) Operating controls must be identified to show the function they serve and be located and maintained to allow safe operation of the equipment.

(3) Repealed. [B.C. Reg. 381/2004, s. 7.]

[am. B.C. Reg. 381/2004, s. 7.]

Load handling attachments

16.19   (1) Buckets, forks, booms, hoists and other load handling attachments must only be installed on mobile equipment as specified by the equipment manufacturer or when certified by a professional engineer for use on the equipment.

(2) The installation specified by the equipment manufacturer or certified by the professional engineer under subsection (1) for hoists or load handling attachments must

(a) include instructions for safe use of the equipment with the load handling attachment, and

(b) provide for the evaluation of the stability of the equipment, including the effect of load swing.

[am. B.C. Reg. 320/2007, App. E, s. 71.]

Load ratings

16.20   (1) Mobile equipment designed and used for lifting, hoisting or similar operations must have a permanently affixed notation, legible and visible to the operator, stating the rated load of the equipment.

(2) A load chart must be displayed in the operator's cab if the rated load varies with the reach of the equipment.

(3) If the equipment is modified the employer must ensure that the rated load and load chart are changed as necessary to reflect the new load ratings.

(4) Mobile logging equipment is exempt from the requirements in subsections (1) to (3).

Protective structures

16.21   (1) Operators of mobile equipment must be protected against falling, flying or intruding objects or material by means of suitable cabs, screens, grills, shields, deflectors, guards or structures.

(2) The means of protection must meet the requirements of the following applicable standard:

(a) WCB Standard — G601, Standard for Log Loader and Log Yarder Backstops;

(b) WCB Standard — G602, Standard for Log Loader and Log Yarder Raised Cabs;

(c) WCB Standard — G603, Standard for Log Loader and Log Yarder Window Guards;

(d) WCB Standard — G604, Standard for Light-Duty Screen Guards for Off-Highway Equipment;

(e) WCB Standard — G605, Standard for Mobile Equipment Half-Doors;

(f) WCB Standard — G607, Standard for Medium Duty Screen Guards — Front End Log Loader;

(g) WCB Standard — G608, Standard for Mobile Equipment Roof Structures — Heavy Duty;

(h) WCB Standard — G609, Standard for Mobile Equipment Roof Structures — Light Duty;

(i) Society of Automotive Engineers (SAE) Recommended Practice J231 JAN81, Minimum Performance Criteria for Falling Object Protective Structure (FOPS);

(j) Society of Automotive Engineers (SAE) Standard J1043 SEP87, Performance Criteria for Falling Object Protective Structure (FOPS) for Industrial Machines;

(k) ISO Standard 3449:1992, Earth-Moving Machinery — Falling-Object Protective Structures — Laboratory Tests and Performance Requirements;

(l) Society of Automotive Engineers (SAE) Recommended Practice J1084 APR80, Operator Protective Structure Performance Criteria for Certain Forestry Equipment;

(m) Society of Automotive Engineers (SAE) Recommended Practice J1356 FEB88, Performance Criteria for Falling Object Guards for Excavators.

(3) A worker must not remain in the cab of a vehicle while loads are elevated over the cab unless the cab is protected by an adequate overhead guard.

[am. B.C. Reg. 312/2003, App. A, s. 5.]

Rollover protective structures

16.22   (1) The following types of mobile equipment, weighing 700 kg (1 500 lbs) or more, must have rollover protective structures (ROPS):

(a) crawler tractors, loaders and skidders;

(b) wheel tractors, dozers, loaders and skidders;

(c) motor graders;

(d) self-propelled wheel scrapers;

(e) compactors/rollers;

(f) self-propelled rock drills moved by an on-board operator;

(g) wheeled trenchers manufactured after January 1, 1999;

(h) pipe layers or side boom tractors manufactured after January 1, 2000.

(2) The Board may require a ROPS to be installed on any mobile equipment if the design of the equipment or circumstances of use indicate the need.

(3) Mobile equipment listed in subsection (1) may be used without a ROPS if

(a) the equipment operates in a specific location where there is no significant hazard of rollover, and

(b) the surface in the area of operation is maintained free of ground irregularities which might cause a rollover.

ROPS standards

16.23   A ROPS must meet the requirements of one of the following applicable standards:

(a) CSA Standard B352.0-95, Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Machines — Part 1: General Requirements, and

(i) CSA Standard B352.1-95, Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Machines — Part 2: Testing Requirements for ROPS on Agricultural Tractors, or

(ii) CSA Standard B352.2-95, Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Machines — Part 3: Testing Requirements for ROPS on Construction, Earthmoving, Forestry, Industrial, and Mining Machines;

(b) Society of Automotive Engineers (SAE) Standard J1040 MAY94, Performance Criteria for Rollover Protective Structures (ROPS) for Construction, Earthmoving, Forestry, and Mining Machines;

(c) ISO Standard 3471: 1994, Earth-moving Machinery — Rollover Protective Structures — Laboratory Tests and Performance Requirements.

(d) Repealed. [B.C. Reg. 312/2003, App. A, s. 22.]

[am. B.C. Reg. 312/2003, App. A, s. 22.]

ROPS certification

16.24   (1) A ROPS must be certified by the ROPS manufacturer or a professional engineer as meeting a standard specified in section 16.23.

(2) Any addition, modification, welding or cutting on a ROPS must be done in accordance with the instructions of and be recertified by the ROPS manufacturer or a professional engineer.

ROPS identification

16.25   (1) The following information must be permanently marked upon a ROPS:

(a) the name and address of the manufacturer or the professional engineer who certified the ROPS;

(b) the model number or other effective means of identifying the machine for which the ROPS was designed;

(c) the serial number or other unique means of identifying the ROPS;

(d) the maximum weight of the machine for which the ROPS was designed;

(e) the standard to which the ROPS conforms.

(2) Modified ROPS must be permanently marked with the following information:

(a) an identification of the modifications effected;

(b) the date of recertification;

(c) the name and address of the recertifying engineer.

Effect of ROPS on visibility

16.26   ROPS and other structures required by this Part for the protection of the operator must be designed and installed to provide an adequate view for the operator to safely use the machine.

Shear hazards

16.27   Mobile equipment with moving parts close to the operator's compartment must be effectively guarded so that

(a) the controls inside the compartment cannot be operated from outside the compartment, unless there is no hazard, and

(b) no part of any person in the operating position inside the compartment can project into the hazard area created by the moving part.

Guarding moving parts

16.28   Exposed moving parts on mobile equipment which are a hazard to the operator or to other workers must be guarded according to a standard acceptable to the Board, and if a part must be exposed for proper function it must be guarded as much as is practicable consistent with the intended function of the component.

Operator's seat

16.29   (1) A safely located and securely mounted seat must be provided for the operator of mobile equipment unless the equipment is designed to be controlled by an operator in the standing position.

(2) The operator's seat must be of a design that allows the operator to safely operate the equipment with due regard for the type and intended use of the equipment, reach distances to controls and duration of use.

(3) Seating for equipment operated on rough terrain must provide adequate lateral restraint.

Restricted access

16.30   Only authorized persons may be on mobile equipment while the equipment is in motion.

Rider restriction

16.31   (0.1) In this section:

"barricade" means a barricade referred to as a class 1A, class 1, class 2 or class 3 barricade in chapter 2 of the traffic control manual;

"buffer vehicle" means a vehicle referred to as a buffer vehicle in the section entitled "Buffer Vehicles" in chapter 2 of the traffic control manual;

"flashing arrow board" means a traffic sign referred to as a flashing arrow board in the section entitled "Flashing Arrow Boards (FABs)" in chapter 2 of the traffic control manual;

"flexible drum" means a traffic control device referred to as a flexible drum in the section entitled "Flexible Drums" in chapter 2 of the traffic control manual;

"multilane roadway" means a roadway that has 2 or more lanes in which traffic flows in the same direction, including climbing and passing lanes, whether or not there are also lanes in which traffic flows in the opposite direction;

"ROPS" means a rollover protective structure that meets the requirements of sections 16.23, 16.24, 16.25 and 16.26;

"traffic cone" means a traffic cone or tubular marker referred to in the section entitled "Traffic Cones and Tubular Markers" in chapter 2 of the traffic control manual;

"traffic control manual" means the Traffic Control Manual for Work on Roadways (revised and consolidated, 1999), published by the government.

(1) The operator of mobile equipment is the only worker permitted to ride the equipment unless the equipment is a worker transportation vehicle meeting the requirements of Part 17 (Transportation of Workers), or as contemplated by subsection (2), subsections (3.1) and (3.2) or subsection (4).

(2) A worker who must ride on mobile equipment to carry out a job task may ride non-ROPS equipped mobile equipment on

(a) an appropriate seat, or

(b) other safe facilities provided by the equipment manufacturer or designed by a professional engineer, which include

(i) a footboard or platform upon which the worker stands or sits, located to protect the worker from contact with roadside objects or other vehicles,

(ii) hand-holds, and

(iii) a safety belt, harness, guardrail or other effective means of restraint, except where the worker is a swamper riding on the back of a garbage truck during short pickup runs at speeds of less than 20 km/h.

(3) Rear mounted footboards or platforms must not be occupied if the mobile equipment is backing up.

(3.1) A worker who is occupying a rear mounted platform on non-ROPS equipped mobile equipment as part of a method of retrieving traffic cones from a closed lane of a multilane roadway is not prohibited under subsection (3) of this section or under section 18.3 from occupying the platform when the mobile equipment is backing up if all of the following conditions are met:

(a) the mobile equipment is backing up in the closed lane;

(b) the employer has

(i) identified the hazards to the workers at the workplace, and

(ii) taken measures

(A) to eliminate the hazards, or

(B) if it is not practicable to eliminate an identified hazard, to minimize the risk to workers from the hazard to the lowest level practicable;

(c) a written safe work procedure that

(i) relates to that method of retrieving traffic cones, and

(ii) includes a description of the measures referred to in paragraph (b)

has been established by the employer and is being followed;

(d) the mobile equipment is not exceeding a speed of 15 km per hour;

(e) the mobile equipment has the following operating devices:

(i) two or more 360 degree flashing yellow lights;

(ii) a flashing arrow board pointing toward the open lane adjacent to the closed lane;

(f) the mobile equipment has an audio warning device that

(i) makes a distinct sound that is audible, above the ambient noise level in the workplace, to both the driver of the mobile equipment and the worker, and

(ii) operates automatically and at all times while the mobile equipment is backing up;

(g) there is an effective 2-way voice communication system between the driver of the mobile equipment and the worker while the worker is on the platform;

(h) one of the following requirements is met:

(i) behind the rear of the mobile equipment, barricades are placed across the closed lane or flexible drums are placed in the centre of the closed lane, in accordance with the following:

(A) the barricade or flexible drum closest to the mobile equipment is at all times located not more than 250 m from the rear of the mobile equipment;

(B) the barricades or flexible drums are located along the length and to the end of the closed lane at intervals of not greater than 250 m;

(ii) directly behind and at a safe distance from the rear of the mobile equipment, in the closed lane, there is a buffer vehicle that meets the following requirements:

(A) the buffer vehicle is at all times located not more than 100 m from the rear of the mobile equipment;

(B) the buffer vehicle has two or more 360 degree flashing yellow lights and the lights are operating;

(C) the buffer vehicle has a flashing arrow board pointing toward the open lane adjacent to the closed lane and the flashing arrow board is operating;

(D) there is an effective 3-way voice communication system among the driver of the buffer vehicle, the driver of the mobile equipment and the worker while the worker is on the platform;

(i) the worker is riding on safe facilities that meet the requirements of subsection (2) (b);

(j) the maximum load capacity established for the platform by the manufacturer or by the professional engineer who designed the platform is clearly marked on the platform and is not being exceeded.

(3.2) Unless otherwise provided in subsection (3.1), the equipment, arrangements and procedures referred to in that subsection must meet all applicable requirements in respect of equipment, arrangements and procedures that are set out for traffic control under Part 18.

(4) A worker other than the operator may only ride on mobile equipment with a ROPS for the purpose of training or maintenance, and only then if the equipment is operated in an area with no significant hazard of rollover.

[am. B.C. Regs. 253/2001, s. 14; 188/2011, App. H, s. 1.]

Provision

16.32   (1) Mobile equipment with ROPS and side boom tractors must have seat belts which meet the requirements of Society of Automotive Engineers (SAE) Standard J386 JUN93, Operator Restraint System for Off-Road Work Machines.

(2) Seat belts must be maintained in good condition.

[am. B.C. Reg. 312/2003, App. A, s. 5.]

Use

16.33   (1) If mobile equipment has seat belts required by any law in British Columbia, the operator and passengers must use the belts whenever the equipment is in motion, or engaged in an operation which could cause the equipment to become unstable.

(2) The use of a seat belt is not required for

(a) a road grader operation that requires the operator to stand, in which case, an enclosed cab with closed cab doors or other effective restraining devices must be used,

(b) a side boom tractor without a ROPS, or

(c) ROPS equipped mobile equipment if the mobile equipment operates in a specific location where there is no significant hazard of rollover, and the surface in the area of operation is maintained free of ground irregularities which might cause a rollover.

Start of shift inspection

16.34   (1) The operator must inspect the equipment before the start of operation on the shift and thereafter as required to ensure the safe operating condition of the equipment.

(2) The operator must report defects and conditions affecting the safe operation of the equipment to the supervisor or employer.

(3) Any repair or adjustment necessary for the safe operation of the equipment must be made before the equipment is used.

[am. B.C. Reg. 185/99, s. 53.]

Securing tools and equipment

16.35   The operator must maintain the cab, floor and deck of mobile equipment free of material, tools or other objects which could create a tripping hazard, interfere with the operation of controls, or be a hazard to the operator or other occupants in the event of an accident.

Unattended equipment

16.36   (1) The operator of mobile equipment must not leave the controls unattended unless the equipment has been secured against inadvertent movement such as by setting the parking brake, placing the transmission in the manufacturer's specified park position, and by chocking wheels where necessary.

(2) Any grapples or tongs on mobile equipment must be landed in a safe position before the equipment controls are left unattended.

Securing elevated loads

16.37   (1) An operator must not leave unattended any elevated load, part, extension or machine, unless it has been immobilized and secured against inadvertent movement.

(2) If a worker is required to work beneath an elevated part of mobile equipment, the elevated part must be securely blocked.

(3) Hydraulic or pneumatic jacks must not be used for blocking unless fitted with devices to prevent their collapse in the event of loss of hydraulic or pneumatic pressure.

(4) A dump truck with a chassis manufactured after January 1, 1999 must have a permanently affixed mechanical device capable of supporting the empty dump box in the raised position.

Assistance on grades

16.38   (1) If the grade or condition of the travel surface may result in a piece of mobile equipment having insufficient braking capability to maintain adequate control the equipment must be snubbed by a cable, or a suitable vehicle must be used to ensure safety when negotiating the grade.

(2) Repealed. [B.C. Reg. 312/2003, App. D, s. 14.]

[am. B.C. Reg. 312/2003, App. D, s. 14.]

Swinging equipment

16.39   If a hazard is created by the swinging movement of the load, cab, counterweight or any other part of the mobile equipment a worker must not be within range of the swinging load or equipment, and the operator must not move the equipment when any worker is so exposed.

Clearance

16.40   Equipment must be positioned so that no swinging portion of the equipment can come within 60 cm (2 ft) of any obstruction in any area accessible to workers, or entry to such areas must be prevented by barriers or other effective means.

Boarding/leaving

16.41   A person must not board or leave any mobile equipment while it is in motion, except in an emergency.

Obstructed view

16.42   If a mobile equipment operator's view of the work area is obstructed the operator must not move the equipment until precautions have been taken to protect the operator and any other worker from injury, including

(a) immediately before the movement, the inspection by the operator on foot of the area into which the equipment will be moved,

(b) direction by a signaller stationed in a safe position in continuous view of the operator and having an unobstructed view of the area into which the equipment will move, or

(c) direction by a traffic control or warning system.

Pedestrian and equipment traffic

16.43   (1) Where practicable, designated walkways must be used to separate pedestrian traffic from areas of operation of mobile equipment.

(2) If it is impracticable to provide designated walkways, adequate safe work procedures to minimize the possibility of collision must be used in hazardous work areas, including

(a) the use of a traffic control system,

(b) enforcement of speed limits for mobile equipment,

(c) a requirement for the pedestrian and the mobile equipment operator to acknowledge each other's presence before the pedestrian proceeds through the hazardous area, or

(d) other effective means.

(3) In areas where lift truck use is separated from pedestrian traffic, a lift truck may travel forward with an elevated load if such operation will improve the operator's view of the path of travel, provided that operating conditions are maintained to ensure vehicle stability and the specifications of the equipment manufacturer are not compromised.

Securing loads

16.44   (1) When material or equipment is being transported it must be loaded or secured to prevent movement of the load which could create a hazard to workers.

(2) To protect the crew of a vehicle transporting a load which might shift on rapid deceleration of the vehicle, a means of load restraint must be provided which

(a) will prevent significant load shift relative to the carrier under emergency stopping conditions, and

(b) meets a standard acceptable to the Board.

(3) Subsection (2) does not apply to logging trucks operating in compliance with the requirements of Part 26 (Forestry Operations and Similar Activities).

Restraint for cylindrical objects

16.45   (1) Cylindrical objects transported on their sides must be effectively restrained against inadvertent movement during loading and unloading.

(2) If perimeter pins are used as part of the restraint system for cylindrical objects the pins must extend above the top of the uppermost lay adjacent to the pin by the diameter of the largest cylindrical object stacked above the uppermost lay adjacent to the pin, and have a minimum height of 46 cm (18 in).

(3) If cylindrical objects are individually blocked or otherwise effectively restrained by specialized dunnage, perimeter pins specified by subsection (2) are not required.

Lift truck loads

16.46   (1) A unitized load being transported on a lift truck must not project a distance greater than half its height above the fork carriage, back rest or back rest extension of the lift truck.

(2) No part of a load comprised of loose objects may project above the fork carriage, back rest or back extension of a lift truck.

(3) A load which could shift during transportation must be restrained if such shifting would result in the load or the lift truck becoming unstable.

(4) Subsections (1) to (3) do not apply if the load is assembled and handled in such a way that there is no possibility of any part of the load falling off.

Training

16.47   (1) The employer must establish and implement safe work procedures for servicing mobile equipment tires, rims and wheels, including safe procedures for

(a) inspecting tire, rim and wheel components,

(b) mounting a tire to the rim and wheel, and inflating a tire,

(c) installing and removing tire assemblies from mobile equipment, and

(d) demounting tires from the rim and wheel assemblies.

(2) Workers assigned to work on tires, rims and wheels must be trained in and follow the safe work procedures established under subsection (1).

Equipment and procedures

16.48   (1) A tire must be deflated before demounting, and deflation must be done in an area where ignition sources are controlled or removed.

(2) Each tire, rim and wheel part must be cleaned and inspected for damage before mounting, and cracked, broken, bent or otherwise damaged parts replaced.

(3) A tire must be inflated using a remote chuck with a sufficient length of hose and an inline, hand operated valve with a gauge so the worker is outside the likely trajectory should wheel components separate during inflation.

(4) A tire mounted on a multipiece rim wheel must be placed in a cage or other restraining device when it is being inflated.

(5) If a bead expander is used to seat the beads of a tire, it must be removed before the tire is inflated to more than 34.5 kPa (5 psi).

(6) Repealed. [B.C. Reg. 312/2003, App. B, s. 32.]

(7) Welding or heating on assembled rim or wheel parts is not permitted, except that limited heating to facilitate removal of a wheel from a hub is acceptable after the tire has been deflated by removing the valve core.

(8) A tire on a multipiece rim wheel must be deflated to atmospheric pressure by removing the valve core or by other effective means before demounting, and in the case of a dual wheel arrangement, both tires must be deflated to atmospheric pressure before loosening any wheel nuts.

(9) Multipiece rim and wheel components must not be interchanged except as permitted by rim/wheel charts from the appropriate rim/wheel manufacturer.

(10) Multipiece rim wheels which have been used at less than 80% of the recommended inflation pressure for that application must be deflated, disassembled and inspected before reinflation.

(11) Procedures other than those specified in subsections (1) to (10) that provide equivalent or better safety may be used if acceptable to the Board.

[am. B.C. Reg. 312/2003, App. B, s. 32.]

Prohibited use

16.49   An all-terrain cycle must not be used in any occupational, industrial, or commercial workplace.

Modifications

16.50   A modification to an ATV which may affect its structural integrity or stability must be certified by a professional engineer.

Operator's manual

16.51   (1) The operator's manual for an ATV must be kept in a secure place with the vehicle or at another location readily accessible to the operator.

(2) The operator must use an ATV in accordance with the instructions in the operator's manual.

Use on sloping ground

16.52   (1) Repealed. [B.C. Reg. 312/2003, App. B, s. 33 (a).]

(2) If the manufacturer has not set limits for operation of the ATV on sloping ground, 5% is the maximum allowable slope unless the employer has developed and implemented written safe work procedures appropriate for any steeper slope on which the equipment is to be used.

[am. B.C. Reg. 312/2003, App. B, s. 33.]

Operator training

16.53   (1) The employer must ensure that each ATV operator is properly trained in the safe operation of the vehicle.

(2) The training program for an ATV operator must cover

(a) the operator's pretrip inspection,

(b) use of personal protective apparel,

(c) operating skills according to the ATV manufacturer's instructions,

(d) basic mechanical requirements, and

(e) loading and unloading the vehicle, if this is a job requirement.

Personal protective equipment

16.54   (1) An ATV operator and any passenger on an ATV must wear eye protection as required by Part 8 (Personal Protective Clothing and Equipment), and hearing protection meeting the requirements of Part 7 (Noise, Vibration, Radiation and Temperature).

(2) An ATV operator and any passenger on an ATV must wear

(a) clothing suitable for the environmental conditions, and

(b) when necessary to protect against the hazards presented at the worksite, suitable gloves and clothing which covers the ankles and legs and the arms to the wrists.

[am. B.C. Reg. 312/2003, App. D, s. 15.]

Loading and unloading

16.55   (1) Loading and unloading of an ATV onto or off a carrier vehicle must be done in a safe manner.

(2) If ramps are used when loading or unloading an ATV, they must be placed at a suitable angle, be sufficiently wide and have a surface finish which provides an adequate grip for the ATV's tires.

Responsibility

18.2   The employer must ensure that effective traffic control is provided and used whenever traffic could be hazardous to a worker.

[en. B.C. Reg. 242/2006, s. 2.]

Standards for traffic control

18.3   Traffic control equipment, arrangements and procedures must meet the requirements of the latest edition of the Traffic Control Manual for Work on Roadways (the "Traffic Control Manual") issued by the Ministry of Transportation, unless otherwise specified by this Regulation.

[en. B.C. Reg. 242/2006, s. 2.]

Supervision

18.4   (1) The employer must ensure that whenever traffic control is required, all of the following requirements are implemented:

(a) the traffic control arrangements and procedures for the work are made known to all the people involved in the work;

(b) the required traffic control devices and procedures are in place before the start of work and are removed when they are no longer required;

(c) any person assigned to be a traffic control person is adequately trained in a manner acceptable to the Board and effectively performs their role in the traffic control arrangements and procedures for the work;

(d) a traffic control person is positioned in a safe location clear of potential environmental hazards such as a slide or avalanche;

(e) if 2 or more traffic control persons are required to work as a team at the worksite, responsibility for coordination of changes in traffic flow is assigned.

(2) The employer must ensure that during traffic control operations a supervisor is designated to ensure the requirements of subsection (1) (b) to (e) are met.

[en. B.C. Reg. 242/2006, s. 2.]

Placement of traffic control signs and devices

18.5   (1) Traffic control signs and devices must be positioned and used as specified in the Traffic Control Manual and signs and devices must be located so as to allow traffic to move by or through the work area in a controlled manner and, if necessary, to come to a controlled stop with due regard for the prevailing weather and road conditions.

(2) Unless otherwise specified, all traffic control signs and devices must be installed and removed in a sequence which best protects workers during this phase of a traffic control operation.

(3) A sign advising of a traffic control person ahead must be placed in advance of each traffic control person's station, and this sign must be removed promptly when a traffic control person is no longer on duty at that station.

(4) Subsection (3) does not apply during emergency or brief duration work when it is not practicable to place such a sign, provided that sight lines and traffic speed allow oncoming traffic adequate warning of the work activity taking place.

[en. B.C. Reg. 242/2006, s. 2.]

Use of a traffic control person

18.6   (1) A traffic control person may be used only

(a) if the use of signs and other traffic control devices and procedures alone cannot provide effective traffic control, or

(b) during emergency or brief duration work if it is not practicable to control traffic with signs and other devices and procedures.

(2) Without limiting the generality of subsection (1), one or more traffic control persons must be used if

(a) it is necessary to institute a one-way traffic system by or through a work zone and the circumstances do not allow self-regulating single lane traffic controlled by signs and other devices as specified in the Traffic Control Manual, and a traffic signal system is not used,

(b) work-related traffic cannot safely self-regulate to move in or out of the work area or safely coordinate with other traffic,

(c) an existing traffic control system, or an existing traffic signal light system, is not adequate to regulate traffic,

(d) the work encroaches into an intersection so as to interfere with regular traffic movement,

(e) traffic speed or volume is a hazard to workers while setting up or removing other traffic control devices, or

(f) other traffic control devices are not available in an emergency situation.

[en. B.C. Reg. 242/2006, s. 2.]

Location of traffic control persons

18.8   A traffic control person must

(a) stand in a safe position, preferably on the driver's side of the lane under the TCP's control, be clearly visible, and have an unobstructed view of approaching traffic, and

(b) be positioned at least 25 m (80 ft) away from the work area unless circumstances or space requirements, such as working at or near an intersection, dictate otherwise.

[en. B.C. Reg. 242/2006, s. 2.]

Operations during daytime

18.9   Each traffic control person must be provided with, and must use, all of the following:

(a) a traffic control paddle meeting the requirements for a C-27H Traffic Control Paddle as specified in the Traffic Control Manual and, if necessary to control fatigue, a non-conductive support staff for the paddle;

(b) high visibility apparel meeting

(i) the Type 1 or Type 2 criteria of WCB Standard Personal Protective Equipment Standard 2-1997, High Visibility Garment, or

(ii) the Class 2 or 3 garment criteria of CSA Standard Z96-02, High-Visibility Safety Apparel, with a fluorescent background colour;

(c) wrist and lower leg bands fitted with a minimum 5 cm (2 in) wide fluorescent retroreflective strip about their entire circumference, except that wrist and lower leg bands are not required for a traffic control person performing this function on an emergency or a temporary basis and not as part of their normal duties;

(d) safety headgear of a high visibility colour with a strip of retroreflective tape across the top from front to back and on the sides;

(e) an effective means of communication when traffic control persons are not visible to each other, which under no circumstances means a system of passing batons or similar items to indicate the last vehicle travelling through the zone under control.

[en. B.C. Reg. 242/2006, s. 2.]

Equipment maintenance

18.11   All traffic control equipment and devices, including signs, traffic control paddles and personal protective equipment, must be kept clean and in working condition.

[en. B.C. Reg. 242/2006, s. 2.]

Standard signals between traffic control persons

18.13   If manual signals are used between traffic control persons to initiate changes in the direction of traffic flow, the signals shown in Figure 18-1 must be used.

[en. B.C. Reg. 242/2006, s. 2.]

Standard signals for traffic

18.14   (1) All traffic control directions and signals made by a traffic control person for the purpose of controlling traffic must conform to the requirements of this Regulation and the Traffic Control Manual.

(2) A traffic control person must use the normal signals shown in Figure 18-2 when stationed on the driver's (left) side of the traffic lane under the TCP's control.

(3) The alternative signals shown in Figure 18-2 must be used only when the traffic control person is stationed on the passenger's (right) side of the traffic lane under the TCP's control.

(4) A traffic control person must not use their traffic control paddle to wave traffic on and must never display the paddle to traffic in other than a static manner.

[en. B.C. Reg. 242/2006, s. 2.]

Long periods of delay

18.16   If traffic control operations will result in long periods of traffic delay, appropriate signs or other effective means must be used to inform the traffic of the situation.

[en. B.C. Reg. 242/2006, s. 2.]

Towing and recovery operations

18.17   If the recovery of a disabled or damaged vehicle prevents the safe passage of other vehicles or if a passing vehicle is a danger to the workers engaged in the recovery operation, the person in charge must

(a) warn traffic of the recovery operation by displaying appropriate signs and a 360° flashing light,

(b) ensure that workers wear appropriate personal protective equipment, and

(c) ensure that any other procedures required by the Traffic Control Manual are followed if the activity exceeds the limits for emergency or brief duration work.

[en. B.C. Reg. 242/2006, s. 2.]

 Insulated aerial device

19.9  (1)  An insulated aerial device must be dielectrically tested at least annually in accordance with CSA Standard CAN/CSA-C225-M88 Vehicle Mounted Aerial Devices and its insulating capability certified by the testing agency.

(2)  An insulated aerial device which has not passed the testing required by subsection (1) must be considered noninsulated and any markings or identification on the device indicating insulated capability must be removed or effectively covered over and the user informed of the noninsulated status of the device.

[am. B.C. Reg. 312/2003, App. A, s. 4.]

 Minimum clearance

19.24  (1)  The employer must ensure that at least the minimum applicable distance specified in Table 19-1 is maintained between exposed, energized high voltage electrical equipment and conductors and any worker, work, tool, machine, equipment or material, unless otherwise permitted by this Part.

(2)  The employer must accurately determine the voltage of any energized electrical equipment or conductor and the minimum distance from it required by subsection (1).

19.29  Qualified workers and workers under their direct supervision may work within the minimum distances to energized high voltage electrical equipment and conductors, as specified in Table 19-1 and Table 19-2, when authorized by the owner of the power system and using work procedures acceptable to the Board.

19.32  Tree pruning or falling within the minimum distances in Table 19-1 from overhead energized high voltage conductors must be carried out by a worker authorized by the owner of the power system to do such work.

 Site crew requirements

19.33  Tree pruning or falling is not permitted within the minimum distances in Table 19-1 from overhead high voltage energized conductors, unless

Qualified contractor

20.1A   If a person agrees with the owner to be the prime contractor as provided in section 118 of Part 3 of the Workers Compensation Act, then that person must be qualified.

[en. B.C. Reg. 185/99, s. 55.]

Notice of project

20.2   (1) The owner or, if the owner engages another person to be the prime contractor, then that person must ensure that the Board receives, in writing or by fax, a notice of project (NOP) at least 24 hours before starting a construction project if

(a) the total cost of labour and materials for the work exceeds $100 000, or

(b) all or part of the permanent or temporary works, except pre-engineered or pre-manufactured building and structural components, are required to be designed by a professional engineer, or

(c) the construction activity involves

(i) the removal, encapsulation or enclosure of friable asbestos-containing material, as that term is defined in section 6.1, or

(ii) the demolition, dismantling or repair of any building or structure, or parts thereof, in which asbestos-containing material has been used, or in which asbestos products have been manufactured, or

(iii) an abatement project or other activity involving significant disturbance of lead-containing coatings on buildings or structures, or

(iv) similar activities which may expose workers to a significant risk of occupational disease, or

(d) the construction project is a new erection, a major alteration, a structural repair or a demolition of

(i) a building more than 2 stories high or more than 6 m (20 ft) in height, or

(ii) a bridge, or

(iii) an earth or water retaining structure more than 3 m (10 ft) in height, or

(iv) a silo, chimney or similar structure more than 6 m (20 ft) in height, or

(e) workers will be working in a compressed air atmosphere or in a caisson, tunnel, underground working or cofferdam, or

(f) the construction project includes a trench more than 1.2 m (4 ft) in depth and over 30 m (100 ft) in length or includes another type of excavation more than 1.2 m (4 ft) in depth, which a worker may be required to enter.

(2) The notice of project required by subsection (1) must contain

(a) the name and address of the owner and, if applicable, any other person engaged to be the prime contractor for the project,

(b) the municipal address of the project, or its location in relation to the nearest highway,

(c) a description of the project including a list of the applicable items in subsection (1),

(d) the starting date and the anticipated duration of the project,

(e) the estimated total cost of labour and materials for the project, and

(f) if the project involves an activity listed in subsection (1) (c), detailed written work procedures which will be used to minimize the risk to workers who might be exposed to a hazardous material specified by that subsection.

(3) A copy of the notice of project must be posted at the construction site before work commences.

(4) If it is necessary to do immediate work in order to prevent injury to workers or damage to property, work on the project may commence immediately, and the nearest Board office must be provided with an NOP at the earliest possible time.

(5) If a shaft, tunnel, underground working, caisson or cofferdam is to be constructed, the notice of project must confirm that drawings for all temporary and permanent ground support will be available on site for the duration of the project.

[am. B.C. Regs. 185/99, s. 56; 188/2011, App. B, s. 14.]