Definitions

1.1In 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 37.8ºC (100ºF) or more but less than 93.3ºC (200ºF));

"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 37.8ºC (100ºF));

"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 professional forester 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;

"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.]

Scope of application

2.1This 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.]

General duty

2.2Despite the absence of a specific requirement, all work must be carried out without undue risk of injury or occupational disease to any person.

Conflict with a code or standard

2.3If there is any conflict between the requirements of this Regulation and any code or standard with which compliance is required by this Regulation, the provisions of this Regulation prevail.

Compliance

2.4Every person to whom an order or directive is issued by the Board must comply promptly or by the time set out in the order or directive.

[am. B.C. Reg. 185/99, s. 4.]

Inspection reports

2.5(1)  An inspection report must remain posted for at least 7 days, or until compliance has been achieved, whichever is the longer period.

(2)  When a joint committee or a worker health and safety representative is required at a workplace, the employer must produce for the committee or representative the inspection report, or a copy of it, at or before the next meeting of the committee or with the representative.

[am. B.C. Reg. 185/99, s. 5.]

Notification of compliance

2.6When an employer is required to provide notification of compliance in response to an inspection report the employer must ensure that

(a) a copy of the notification is posted next to the originating inspection report until compliance has been achieved.

(b) Repealed. [B.C. Reg. 185/99, s. 6.]

[am. B.C. Reg. 185/99, s. 6.]

Notice to workers

2.7Every employer must post in a conspicuous place at each workplace any placard issued by the Board titled "Notice to Workers".

[am. B.C. Reg. 185/99, s. 7.]

Contravention

2.8(1)  A contravention of this Regulation will be deemed to be a contravention by the employer and will make that employer liable for any penalty prescribed by the Workers Compensation Act.

(2)  A contravention of this Regulation by a supervisor or a worker will be deemed to be a contravention by the supervisor and will make that supervisor liable for any penalty prescribed by the Workers Compensation Act.

(3)  A contravention of this Regulation by a worker will make that worker liable for any penalty prescribed by the Workers Compensation Act.

(4)  A contravention of this Regulation by a person working in or contributing to the production of an industry within the scope of the Workers Compensation Act will make that person liable for any penalty prescribed by the Act.

[am. B.C. Reg. 185/99, s. 9.]

When program required

3.1(1)  An occupational health and safety program as outlined in section 3.3 must be initiated and maintained

(a) by each employer that has

(i)  a workforce of 20 or more workers, and

(ii)  at least one workplace that is determined under section 3.16 (2) (b) to create a moderate or high risk of injury, or

(b) by each employer that has a workforce of 50 or more workers.

(1.1)  If subsection (1) (a) or (b) applies to the employer, the occupational health and safety program applies to the whole of the employer's operations.

(2)  Despite subsection (1) an occupational health and safety program may be required in any workplace when, in the opinion of an officer, such a program is necessary.

[am. B.C. Regs. 348/2003, s. 10; 19/2006, s. 1; 320/2007, App. A, s. 1.]

Small operations

3.2In 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.

Contents of program

3.3The 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.]

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.]

General requirement

3.5Every 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.]

Repealed

3.6Repealed. [B.C. Reg. 312/2003, App. B, s. 1.]

Special inspections

3.7A special inspection must be made when required by malfunction or accident.

[am. B.C. Reg. 185/99, s. 16.]

Committee participation

3.8An 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.]

Remedy without delay

3.9Unsafe or harmful conditions found in the course of an inspection must be remedied without delay.

[am. B.C. Reg. 185/99, s. 18.]

Reporting unsafe conditions

3.10Whenever 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.]

Emergency circumstances

3.11If 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.]

Procedure for refusal

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.]

No discriminatory action

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.]

Definitions

3.14In 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.]

First aid attendant qualifications

3.15The 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.]

Basic requirements

3.16(1)  The employer must provide for each workplace such equipment, supplies, facilities, first aid attendants and services as are adequate and appropriate for

(a) promptly rendering first aid to workers if they suffer an injury at work, and

(b) transporting injured workers to medical treatment.

(1.1)  The type and quantity of equipment, supplies, facilities, first aid attendants and services referred to in subsection (1) must be no less than is required by Schedule 3-A.

(1.2)  The quality, maintenance and use of equipment, facilities and methods of transportation referred to in this section must be acceptable to the Board.

(2)  For the purpose of complying with subsection (1), the employer must conduct an assessment of the circumstances of the workplace, including

(a) the number of workers who may require first aid at any time,

(b) the nature and extent of the risks and hazards in the workplace, including whether or not the workplace as a whole creates a low, moderate or high risk of injury,

(c) the types of injuries likely to occur,

(d) any barriers to first aid being provided to an injured worker, and

(e) the time that may be required to obtain transportation and to transport an injured worker to medical treatment.

(3)  The employer must review the assessment under subsection (2)

(a) within 12 months after the previous assessment or review, and

(b) whenever a significant change affecting the assessment occurs in the employer's operations.

(4)  First aid equipment, supplies and facilities must be kept clean, dry and ready for use, and be readily accessible at any time a worker works in the workplace.

[en. B.C. Reg. 348/2003, s. 2; am. B.C. Reg. 320/2007, App. A, ss. 2 and 3.]

First aid procedures

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.]

Air transportation

3.17.1If air transportation is the primary or only method for transporting an injured worker, all of the following requirements must be met:

(a) before the start of operations in a workplace, arrangements must be made with an air service to ensure that an appropriate aircraft is reasonably available to the workplace during those operations;

(b) the arrangements in paragraph (a) must include procedures for

(i)  the employer to determine the availability of appropriate aircraft before the start of each work day, and

(ii)  the air service to notify the employer if an appropriate aircraft ceases to be available;

(c) a system must be provided that enables the pilot of the aircraft and the first aid attendant attending to an injured worker to communicate at all times when the aircraft is in transit to the location of the injured worker and during transport of the injured worker to medical treatment.

[en. B.C. Reg. 320/2007, App. A, s. 4.]

Communication and availability

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.]

First aid records

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.]

Multiple employer workplaces

3.20If workers of 2 or more employers are working at a workplace at the same time, the prime contractor must

(a) conduct an assessment of the circumstances of the workplace under section 3.16 (2) in relation to all the workers in the workplace, and

(b) do everything that is reasonably practicable to establish and maintain the first aid equipment, supplies, facilities, first aid attendants and services required under section 3.16.

[en. B.C. Reg. 348/2003, s. 2; am. B.C. Reg. 320/2007, App. A, s. 5.]

First aid attendant responsibilities

3.21(1)  The first aid attendant must

(a) promptly provide injured workers with a level of care within the scope of the attendant's training and this Part,

(b) objectively record observed or reported signs and symptoms of injuries and exposures to contaminants covered by this Regulation, and

(c) refer for medical treatment workers with injuries considered by the first aid attendant as being serious or beyond the scope of the attendant's training.

(2)  A first aid attendant must be physically and mentally capable of safely and effectively performing the required duties, and the Board may at any time require the attendant to provide a medical certificate.

(3)  The first aid attendant is responsible, and has full authority, for all first aid treatment of an injured worker until responsibility for treatment is accepted

(a) at a place of medical treatment,

(b) by an ambulance service acceptable to the Board, or

(c) by a person with higher or equivalent first aid certification.

(4)  The first aid attendant does not have authority to overrule a worker's decision to seek medical treatment or the worker's choice of medical treatment.

[en. B.C. Reg. 348/2003, s. 2.]

Definitions

3.22In sections 3.23 to 3.25:

"new worker" means any worker who is

(a) new to the workplace,

(b) returning to a workplace where the hazards in that workplace have changed during the worker's absence,

(c) affected by a change in the hazards of a workplace, or

(d) relocated to a new workplace if the hazards in that workplace are different from the hazards in the worker's previous workplace;

"young worker" means any worker who is under 25 years of age.

[en. B.C. Reg. 105/2007.]

Young or new worker orientation and training

3.23(1)  An employer must ensure that before a young or new worker begins work in a workplace, the young or new worker is given health and safety orientation and training specific to that young or new worker's workplace.

(2)  The following topics must be included in the young or new worker's orientation and training:

(a) the name and contact information for the young or new worker's supervisor;

(b) the employer's and young or new worker's rights and responsibilities under the Workers Compensation Act and this Regulation including the reporting of unsafe conditions and the right to refuse to perform unsafe work;

(c) workplace health and safety rules;

(d) hazards to which the young or new worker may be exposed, including risks from robbery, assault or confrontation;

(e) working alone or in isolation;

(f) violence in the workplace;

(g) personal protective equipment;

(h) location of first aid facilities and means of summoning first aid and reporting illnesses and injuries;

(i) emergency procedures;

(j) instruction and demonstration of the young or new worker's work task or work process;

(k) the employer's health and safety program, if required under section 3.1 of this Regulation;

(l) WHMIS information requirements set out in Part 5, as applicable to the young or new worker's workplace;

(m) contact information for the occupational health and safety committee or the worker health and safety representative, as applicable to the workplace.

[en. B.C. Reg. 105/2007.]

Additional orientation and training

3.24An employer must provide a young or new worker with additional orientation and training if

(a) workplace observation reveals that the young or new worker is not able to perform work tasks or work processes safely, or

(b) requested by the young or new worker.

[en. B.C. Reg. 105/2007.]

Documentation

3.25An employer must keep records of all orientation and training provided under sections 3.23 and 3.24.

[en. B.C. Reg. 105/2007.]

1In this Schedule:

"ambulance service" means an ambulance service acceptable to the Board;

"hospital" means a hospital within the meaning of the Hospital Act or a diagnostic and treatment centre where the hospital or centre has

(a) an emergency department or resuscitation area, and

(b) a physician on duty or immediately available on call.

2(1)  Tables 1 to 6 have different levels of first aid service that are based on how long it takes to transport an injured person to a hospital and the number of workers per shift.

(2)  Exceptions to note: In circumstances in which Tables 1 to 6 would otherwise require a Level 2 first aid certificate under column 3 [noted with an asterisk (*)], a Level 3 first aid certificate is required and an Emergency Transportation Vehicle ("ETV") must be provided, if

(a) there is on the access route to the workplace an obstruction, barrier, rough terrain or other similar circumstances likely to delay the arrival of an ambulance service for more than 20 minutes after it was dispatched, or

(b) there are areas in the workplace which an ambulance service cannot safely access, and for which workers at the workplace are required by this Regulation to be trained, equipped and capable of effecting rescue.