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| B.C. Reg. 296/97 W.C.B. |
Deposited September 8, 1997 effective April 15, 1998 |
| This archived regulation consolidation is current to April 21, 2006 and includes changes enacted and in force by that date. For the most current information, click here. |
Workers Compensation Act
[includes amendments up to B.C. Reg. 73/2005, February 25, 2005]
Part 3 — Rights and Responsibilities
| RETURN TO GENERAL TABLE OF CONTENTS |
Occupational Health and Safety Programs
3.1 (1) An occupational health and safety program as outlined in section 3.3 must be initiated and maintained by each employer having
(a) a workforce of 20 or more workers in a workplace determined to be not low risk under section 3.16 (2) (b), or
(b) a workforce of 50 or more workers in a workplace determined to be low risk under section 3.16 (2) (b).
(2) Despite subsection (1) an occupational health and safety program may be required in any workplace when, in the opinion of an officer, such a program is necessary.
[am. B.C. Reg. 348/2003, s. 10.]
3.2 In any operation where the workforce is less than that referred to in section 3.1 (1) the employer must
(a) initiate and maintain a less formal program based on regular monthly meetings with workers for discussion of health and safety matters,
(b) ensure that meetings are directed to matters concerning the correction of unsafe conditions and practices and the maintenance of cooperative interest in the health and safety of the workforce, and
(c) maintain a record of the meetings and the matters discussed.
3.3 The occupational health and safety program must be designed to prevent injuries and occupational diseases, and without limiting the generality of the foregoing, the program must include
(a) a statement of the employer's aims and the responsibilities of the employer, supervisors and workers,
(b) provision for the regular inspection of premises, equipment, work methods and work practices, at appropriate intervals, to ensure that prompt action is undertaken to correct any hazardous conditions found,
(c) appropriate written instructions, available for reference by all workers, to supplement this Occupational Health and Safety Regulation,
(d) provision for holding periodic management meetings for the purpose of reviewing health and safety activities and incident trends, and for the determination of necessary courses of action,
(e) provision for the prompt investigation of incidents to determine the action necessary to prevent their recurrence,
(f) the maintenance of records and statistics, including reports of inspections and incident investigations, with provision for making this information available to the joint committee or worker health and safety representative, as applicable and, upon request, to an officer, the union representing the workers at the workplace or, if there is no union, the workers at the workplace, and
(g) provision by the employer for the instruction and supervision of workers in the safe performance of their work.
[am. B.C. Reg. 185/99, s. 12.]
3.4 (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.]
3.5 Every employer must ensure that regular inspections are made of all workplaces, including buildings, structures, grounds, excavations, tools, equipment, machinery and work methods and practices, at intervals that will prevent the development of unsafe working conditions.
[am. B.C. Reg. 185/99, s. 16.]
3.6 Repealed. [B.C. Reg. 312/2003, App. B, s. 1.]
3.7 A special inspection must be made when required by malfunction or accident.
[am. B.C. Reg. 185/99, s. 16.]
3.8 An inspection required by section 3.5 and a major inspection required by section 3.7 must, where feasible, include the participation of members of the joint committee or the worker health and safety representative, as applicable, but
(a) if there is no committee or worker health and safety representative the employer must designate an employer representative and the union must designate a worker representative, or
(b) if there is no union the employer must invite the workers to designate one of their number.
[en. B.C. Reg. 185/99, s. 17, am. s. 18.]
Correction of Unsafe Conditions
3.9 Unsafe or harmful conditions found in the course of an inspection must be remedied without delay.
[am. B.C. Reg. 185/99, s. 18.]
3.10 Whenever a person observes what appears to be an unsafe or harmful condition or act the person must report it as soon as possible to a supervisor or to the employer, and the person receiving the report must investigate the reported unsafe condition or act and must ensure that any necessary corrective action is taken without delay.
[am. B.C. Reg. 185/99, s. 18.]
3.11 If emergency action is required to correct a condition which constitutes an immediate threat to workers only those qualified and properly instructed workers necessary to correct the unsafe condition may be exposed to the hazard, and every possible effort must be made to control the hazard while this is being done.
[am. B.C. Reg. 185/99, s. 18.]
3.12 (1) A person must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person.
(2) A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (1) must immediately report the circumstances of the unsafe condition to his or her supervisor or employer.
(3) A supervisor or employer receiving a report made under subsection (2) must immediately investigate the matter and
(a) ensure that any unsafe condition is remedied without delay, or
(b) if in his or her opinion the report is not valid, must so inform the person who made the report.
(4) If the procedure under subsection (3) does not resolve the matter and the worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the supervisor or employer must investigate the matter in the presence of the worker who made the report and in the presence of
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(5) If the investigation under subsection (4) does not resolve the matter and the worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, both the supervisor, or the employer, and the worker must immediately notify an officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary.
[am. B.C. Reg. 185/99, s. 19.]
3.13 (1) A worker must not be subject to discriminatory action as defined in section 150 of Part 3 of the Workers Compensation Act because the worker has acted in compliance with section 3.12 or with an order made by an officer.
(2) Temporary assignment to alternative work at no loss in pay to the worker until the matter in section 3.12 is resolved is deemed not to constitute discriminatory action.
[am. B.C. Reg. 185/99, s. 20.]
3.14 In this section and in sections 3.15 to 3.21:
"first aid" means
(a) in cases in which a person will need medical treatment, treatment for the purpose of preserving life and minimizing the consequences of injury until medical treatment is obtained, and
(b) treatment of minor injuries that would otherwise receive no medical treatment or that do not need medical treatment;
"first aid attendant" means a person who holds a valid first aid certificate issued by the Board or by a person recognized by the Board and who is designated as a first aid attendant by the employer;
"injured worker" means a worker who suffers an injury during work;
"injury" includes an occupational disease or illness;
"medical certificate" means a report in a form acceptable to the Board from a physician registered under the Medical Practitioners Act as to a person's fitness to perform the functions of a first aid attendant.
[en. B.C. Reg. 348/2003, s. 2.]
3.15 The employer must ensure that a person who is designated as a first aid attendant
(a) is at least 16 years old,
(b) has successfully completed the first aid training course or first aid examination developed or approved by the Board,
(c) has a first aid certificate in good standing at the required level issued by the Board or a person recognized by the Board, and
(d) meets any other requirements determined by the Board for designation as a first aid attendant.
[en. B.C. Reg. 348/2003, s. 2.]
3.16 (1) The employer must provide for each workplace such equipment, supplies, facilities, first aid attendants and services as are adequate and appropriate for
(a) promptly rendering first aid to workers if they suffer an injury at work, and
(b) transporting injured workers to medical treatment.
(2) For the purpose of complying with subsection (1), the employer must conduct an assessment of the circumstances of the workplace, including
(a) the number of workers who may require first aid at any time,
(b) the nature and extent of the risks and hazards in the workplace, including whether or not the workplace as a whole creates a low risk of injury,
(c) the types of injuries likely to occur,
(d) any barriers to first aid being provided to an injured worker, and
(e) the time that may be required to obtain transportation and to transport an injured worker to medical treatment.
(3) The employer must review the assessment under subsection (2)
(a) within 12 months after the previous assessment or review, and
(b) whenever a significant change affecting the assessment occurs in the employers operations.
(4) First aid equipment, supplies and facilities must be kept clean, dry and ready for use, and be readily accessible at any time a worker works in the workplace.
[en. B.C. Reg. 348/2003, s. 2.]
3.17 (1) The employer must keep up-to-date written procedures for providing first aid at the worksite including
(a) the equipment, supplies, facilities, first aid attendants and services available,
(b) the location of, and how to call for, first aid,
(c) how the first aid attendant is to respond to a call for first aid,
(d) the authority of the first aid attendant over the treatment of injured workers and the responsibility of the employer to report injuries to the Board,
(e) who is to call for transportation for the injured worker, and the method of transportation and calling, and
(f) prearranged routes in and out of the workplace and to medical treatment.
(2) The employer must post the procedures conspicuously in suitable locations throughout the workplace or, if posting is not practicable, the employer must adopt other measures to ensure that the information is effectively communicated to workers.
(3) The first aid attendant and all other persons authorized to call for transportation for injured workers must be trained in the procedures.
[en. B.C. Reg. 348/2003, s. 2.]
3.18 (1) The employer must provide an effective means for
(a) communication between the first aid attendant and the workers served, and
(b) the first aid attendant to call for assistance.
(2) The employer must not assign, and the first aid attendant must not undertake, employment activities that will interfere with the attendant's ability to receive and respond to a request for first aid.
[en. B.C. Reg. 348/2003, s. 2.]
3.19 (1) The employer must maintain at the workplace, in a form acceptable to the Board, a record of all injuries and exposures to contaminants covered by this Regulation that are reported or treated.
(2) First aid records must be kept for at least 3 years.
(3) First aid records are, to be kept confidential and may not be disclosed except as permitted by this Regulation or otherwise permitted by law.
(4) First aid records must be available for inspection by an officer of the Board.
(5) Workers may request or authorize access to their first aid records for any treatment or report about themselves.
[en. B.C. Reg. 348/2003, s. 2.]
3.20 If workers of 2 or more employers are working at a workplace at the same time, the prime contractor must
(a) conduct an assessment of the circumstances of the workplace under section 3.16 (2) in relation to all the workers in the workplace, and
(b) do everything that is reasonably practicable to establish and maintain the first aid equipment, supplies, facilities, first aid attendants and services in accordance with the results of the assessment.
[en. B.C. Reg. 348/2003, s. 2.]
3.21 (1) The first aid attendant must
(a) promptly provide injured workers with a level of care within the scope of the attendant's training and this Part,
(b) objectively record observed or reported signs and symptoms of injuries and exposures to contaminants covered by this Regulation, and
(c) refer for medical treatment workers with injuries considered by the first aid attendant as being serious or beyond the scope of the attendant's training.
(2) A first aid attendant must be physically and mentally capable of safely and effectively performing the required duties, and the Board may at any time require the attendant to provide a medical certificate.
(3) The first aid attendant is responsible, and has full authority, for all first aid treatment of an injured worker until responsibility for treatment is accepted
(a) at a place of medical treatment,
(b) by an ambulance service acceptable to the Board, or
(c) by a person with higher or equivalent first aid certification.
(4) The first aid attendant does not have authority to overrule a worker's decision to seek medical treatment or the workers choice of medical treatment.
[en. B.C. Reg. 348/2003, s. 2.]
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