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Volume 47, No. 14

B.C. Reg. 312/2004

The British Columbia Gazette,

Part II

July 13, 2004

B.C. Reg. 312/2004, deposited July 5, 2004, pursuant to the WORKERS COMPENSATION ACT [Section 225 (1)]. Regulation of the Board of Directors, dated June 22, 2004.

THE WORKERS' COMPENSATION BOARD OF BRITISH COLUMBIA

RESOLUTION OF THE BOARD OF DIRECTORS

RE: Amendments to the Occupational Health and

Safety Regulation (B.C. Reg. 296/97, as amended), the Regulations

for Agricultural Operations (B.C. Reg. 146/93, as amended),

the Industrial Health and Safety Regulation (B.C. Reg. 585/77,

as amended), and the Application of Health and Safety Regulations

to the Farming Industry (B.C. Reg. 340/97, as amended).

WHEREAS: Pursuant to

section 225 (1) of the Workers Compensation

Act , R.S.B.C. 1996, c. 492 and amendments thereto ("Act"), the

Workers' Compensation Board ("WCB") may make regulations the WCB considers necessary

or advisable in relation to occupational health and safety and occupational

environment;

AND

WHEREAS: The Occupational Health and Safety Regulation

("OHSR") , the Regulations for Agricultural Operations ("RAO") and

the Industrial Health and Safety Regulation ("IHSR") contain requirements

pertaining to the agriculture industry;

AND

WHEREAS: A review of the regulatory requirements applicable

to the agriculture industry has been conducted with the view of achieving consolidation

within the OHSR and providing reasonable standards for the protection of worker

health and safety;

AND

WHEREAS: The WCB, pursuant to its mandate under the Act,

has proposed amendments to

Part 28 of the OHSR , the RAO ,

and the IHSR and has given notice of the proposed amendments and held

a public hearing on the proposed amendments in accordance with

section 226 (1)

of the Act ;

AND

WHEREAS: The Board of Directors, after due consideration

of all presentations to the WCB, considers it necessary and advisable in accordance

with the WCB's mandate under the Act in relation to occupational health

and safety and occupational environment to repeal the RAO and IHSR

and amend

Part 28 of the OHSR ;

AND

WHEREAS: Consequential policy amendments have been identified

arising from the proposed regulatory amendments;

AND

WHEREAS: The Program Design Division will prepare guidelines

in support of the regulatory amendments;

AND

WHEREAS: Pursuant to the Provincial Government's Regulatory

Reform Policy , the Board of Directors has evaluated the proposed regulatory

amendments according to the established regulatory criteria;

The Board of Directors Resolves That:

1. The regulatory amendments to the OHSR , RAO , IHSR ,

and the Application of Heath and Safety Regulations to the Farming Industry ,

as set out in Appendix A are approved.

2. The policies listed in Appendix B ("listed policies") are "retired" from the Prevention Manual as of the date the above noted regulatory amendments come into effect ("retirement date"). As of the retirement date, the listed policies are no longer "policy" under the Board of Directors' Bylaw re: Policies of the Board of Directors. However, the status of the listed policies as "policy" prior to the retirement date remains unaffected by this resolution. The listed policies remain applicable in decision-making on historical issues to the extent that they were applicable prior to the retirement date.

3. The Regulatory Criteria Checklist in Appendix C is approved.

4. The above regulatory amendments will be deposited with the Registrar of Regulations in such form as may be required by the Registrar.

5. The above regulatory amendments come into force January 1, 2005.

DATED at Richmond, British Columbia, June 22, 2004. By the

Workers' Compensation Board.

— DOUGLAS J. ENNS, Chair, Board of

Directors.

The Board of Directors Resolves That:

1 The Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended

by adding the following sections after the heading

Part 28 — Agriculture:

Definitions

28.1 In this Part:

"agricultural operations" include the production activities related to

(

a) apiculture,

(

b) berry farming,

(

c) Christmas tree culture,

(

d) composting,

(

e) dairy farming,

(

f) egg farming,

(

g) forest seedling and seed production,

(

h) grain and oilseed production,

(

i) greenhouse operations,

(

j) herb production,

(

k) horticulture, including floriculture, tree nurseries and ornamental nurseries,

(

l) insects raised for biological pest control,

(

m) orchards,

(

n) poultry farming,

(

o) a riding academy, or the boarding or breeding of horses,

(

p) seed production,

(

q) sod or turf production,

(

r) vegetable farming,

(

s) wool, hide, feather or fur production, and

(

t) the raising of crops or animals for human or animal consumption,

but do not include

(

u) the production of agricultural byproducts or of manufactured derivatives from agricultural raw material,

(

v) the breeding or raising of pets other than horses, or

(

w) aquaculture;

"agricultural tractor" means a vehicle, with more than 20 engine horsepower, running on wheels, designed to furnish the power to pull, carry, propel or drive an implement that is designed or used for agriculture, but does not include a self-propelled implement;

"farm land" means land used for agricultural operations;

"low-profile tractor" means an agricultural tractor with the following characteristics:

(

a) the front wheel spacing is equal to the rear wheel spacing, as measured from the centre line of each right wheel to the centre line of the corresponding left wheel;

(

b) the clearance from the bottom of the tractor chassis

to the ground does not exceed 46 cm (18 in);

(

c) the highest point of the hood does not exceed 1.5 m (60 in);

(

d) the tractor is designed so that the operator straddles the transmission when seated;

"orchard ladder" means a self-supporting portable ladder of the tripod type, wide at the bottom and tapering towards the top, non-adjustable in length, and consisting of side rails, flat steps and a hinged, single leg back section.

Application

28.2 This Part applies to agricultural operations on farm land.

Division 1 — General Conditions

Cold storage rooms

28.3 Cold storage rooms must have at least one door that can, at all times, be opened from inside the room.

Bridges and culverts

28.4

(1) Bridges and culverts under roadways within the agricultural workplace must be

(

a) designed, constructed and maintained so as to safely

support the heaviest load expected to be imposed on them, and

(

b) of sufficient width to permit equipment and machinery to cross safely.

(2) A bridge within the agricultural workplace must also be provided with bullrails not less than 25 cm (10 in) in height.

Barriers for manure pits

28.5

(1) Where manure or other material is loaded into pits by self-propelled equipment, the employer must install barriers sufficient to prevent the equipment from falling or inadvertently entering the pit.

(2) If the use of barriers required by subsection (1) is not practicable, the employer must adopt procedures that provide equivalent protection for workers.

Instruction of seasonal, temporary and other workers

28.6 When workers, including seasonal and temporary workers, start employment, the employer and the employer's supervisor must ensure that they are instructed about the safe performance of their duties.

Animal handling

28.7

(1) An employer must ensure that workers have a safe means of escape from any enclosure occupied by animals that are potentially dangerous to workers.

(2) If a worker is required to handle animals, the employer must ensure that the worker is effectively instructed and trained and is competent to perform the assigned work.

Indoor air quality exception

28.8 Sections 4.70 to 4.80 (Indoor air quality) do not apply to a private residence.

Control of environmental tobacco smoke exception

28.9 Sections 4.81 to 4.83 (Environmental tobacco smoke) do not apply in a private residence, except when a worker, other than the occupant of the residence, is working in the residence.

Drinking water

28.10

(1) An employer must ensure that an adequate supply of potable drinking water is available to workers during the workday.

(2) Water in irrigation ditches or other similar sources is not potable drinking water for the purposes of subsection (1).

(3) If drinking water is provided in portable dispensers, the dispensers must be

(

a) equipped with a tap,

(

b) capable of being covered, and

(

c) maintained in a sanitary condition.

(4) Workers must be informed of any water supplies that are unsafe to drink.

Division 2 — Hazardous Substances

Personal hygiene

28.11

(1) Section 5.82 (2) (

a) and (

b) does not apply to agricultural operations on farm land.

(2) If work processes involving substances such as lead, mercury, asbestos, silica or pesticides are high hazard, the employer must ensure that workers are provided with adequate and appropriate shower and change facilities.

Biohazards exception

28.12

Section 6.36 (3) does not apply to agricultural operations on farm land.

Anhydrous ammonia

28.13

(1) Sections 6.116 to 6.132 (Toxic process gases) do not apply to anhydrous ammonia fertilization systems.

(2) If anhydrous ammonia is stored or used for the purpose of fertilization, the employer must ensure that

(

a) the equipment containing anhydrous ammonia is inspected before each use, to prevent accidental leakage or spillage,

(

b) the hose end-valves are in the closed position when the equipment is not operating, and

(

c) the relief and vapour valves are positioned so that any discharge is directed upwards and away from the worker's operating position.

Ventilation of buildings near manure tanks

28.14

(1) A worker must not enter or remain in a building or structure adjoining a liquid manure tank while the manure is being agitated.

(2) Following agitation of the manure, any adjoining building or structure must be thoroughly ventilated before a worker is permitted to re-enter it.

Division 3 — Personal Protective Equipment

Horseback riding exception

28.15

Section 8.23 (non-slip footwear) does not apply to a work activity involving horseback riding.

Division 4 — Equipment

Warning signs for power take-off devices

28.16 At conspicuous locations near rotating shafts driven by power take-off devices, warning signs must be located specifying that shields must be kept in place.

Signs and procedures for equipment guarding

28.17 If the removal of a guard or access door would expose a worker to a component that continues to rotate after the power to the component has been disengaged,

(

a) the employer must apply a sign to the guard or access

door warning of the danger, and

(

b) the guard must not be removed or access door opened until enough time has elapsed to bring all components to a complete stop.

Hay balers

28.18 A worker using a hay baler must not attempt to clear hay from the collection area unless the engine is stopped and cannot be inadvertently started.

Round balers

28.19 A worker must keep clear of the discharge area of a round baler and the area under the hatch unless the hatch is blocked open.

Post-hole diggers

28.20 A post-hole digger must have

(

a) the tractor or machine brakes set before digging,

(

b) shear bolts as specified by the manufacturer, and

(

c) a hold-to-run control when operated as a hand-held unit.

Post drivers

28.21 A worker operating a post driver must

(

a) lower the hammer and stop the engine when adjustment or maintenance is required,

(

b) if necessary for safety, steady the post with a steady fork or guide, and

(

c) lower or block the hammer when the machine is not in use.

Chain saws exception

28.22

Section 12.72 does not apply to a chain

saw used in agricultural operations on farm land, if the chain saw was purchased

for first use before December 31, 1993.

Hand winch for auger conveyors

28.23 A hand winch for raising an auger conveyor must

(

a) have a control that will hold the auger at any angle, and

(

b) respond only when the handle is turned.

Alternative means of evaluation for automotive lifts and vehicle supports

28.24

(1) Despite

section 12.76, if written instructions are not available from the manufacturer or a professional engineer, the instructions may be provided instead by any other person qualified to develop them.

(2) Despite sections 4.8 and 12.79, if a modification

is made to a device listed in

section 12. 79 (1) or if the manufacturer's

rated capacity is not known, the rated capacity may be determined by a person

qualified to do so.

Orchard ladders exception

28.25 Sections 13.1 (1), 13.5 and 13.6 do not apply to orchard ladders.

Orchard ladders design

28.26 An orchard ladder must

(

a) meet the construction requirements of CSA Standard CAN3-Z11-M81, Portable Ladders , except that the spreader requirement does not apply to orchard ladders,

(

b) have a rail spread that increases at least an average

of 6 cm (2.5 in) for each 30 cm (12 in) of ladder length, and

(

c) when necessary for safety, have the feet of the ladder equipped with steel points or other non-slipping bases designed for the ground on which the ladder will be used.

Orchard ladders instructions and use

28.27

(1) An employer must ensure that

(

a) the ladder used is appropriate for the task, and

(

b) a worker using an orchard ladder is instructed in its proper use.

(2) Despite

section 13.8 (3), a worker may work on an orchard ladder without fall protection if the worker takes all reasonable precautions to ensure the stability of the ladder and to conduct work on the ladder in a manner that minimizes the risk of falling.

Previously installed fixed ladders exception

28.28 Despite

section 13.12 (2), a fixed ladder existing on or before January 1, 2006, and not conforming to the current or an earlier edition of ANSI Standard A14.3-1992, Safety Requirements for Fixed Ladders , may remain in use subject to any modifications considered necessary by the Board.

Small cranes and hoists exception

28.29

(1) Sections 14.2 to 14.33 and 14.44 do

not apply to a job built crane or hoist for use on site with a rated capacity

of less than 1 tonne (2 200 lbs) if

(

a) the device is built or otherwise assembled by a person qualified to do the work,

(

b) the rated capacity of the device, including support structures, is determined by a person qualified to make the assessment,

(

c) the rated capacity is marked on the device and is not exceeded,

(

d) the device is not used to support a worker,

(

e) the device is operated so that a worker is not under the load,

(

f) the device is inspected and maintained at a frequency and to the extent required to ensure that every component is capable of carrying out its original design function with an adequate margin of safety,

(

g) inspection and maintenance records are maintained

for the device consistent with

Part 4 (General Conditions), and

(

h) any modifications to the device are made by a person qualified to do the work.

(2) Despite subsection (1), the Board may require compliance with sections 14.2 to 14.33 and 14.44 if the design of the equipment or the circumstances of use indicate the need.

Altered application dates for cranes and hoists

28.30

(1) The certification of drop stops required

under

section 14.19 (2) must be completed by January 1, 2006.

(2) Section 14.54 applies to a bridge, overhead or gantry

crane, if installed after January 1, 2006, or to a crane or its runway

if it is modified after that date.

Alternative requirements for rigging identification

28.31 The requirements for identification of various

rigging components in sections 15.5, 15.24 (3), 15.42, 15.46, 15.52, 15.55

and 15.59 may also be met if the employer is able to determine the information

required for a particular device by any means of identification specific to it.

Evaluation of a rigging device

28.32 The requirements of sections 15.6 (2), 15.27, 15.28 (1), 15.32 and 15.36 for the competency of a person evaluating a device may be met by a person who is qualified to conduct the evaluation.

Older mobile equipment exception

28.33 The requirements for emission controls,

supplementary steering, safe starting and load ratings of sections 5.75,

16.14, 16.16 and 16.20 apply, in agricultural operations on farm land,

only to equipment purchased for first use after January 1, 2006.

Means of escape exception

28.34

(1) Mobile equipment that does not require

window guarding as specified by

section 16.21 is exempt from

section 16.17 (1)

for an alternate means of escape.

(2) Equipment with a single cab entrance door, that is

exempt under subsection (1), must have an opening window or alternate means

of escape on a surface other than the door side, satisfying the requirements

of the Society of Automotive Engineers (SAE) Standard J185, June 1988,

Recommended Practice for Access Systems for Off-road Machines .

Alternative evaluation of an attachment

28.35 Despite

section 16.19, a bucket, fork, boom, hoist or other load handling equipment may be installed on mobile equipment if authorized by a person qualified to evaluate the safety of the installation.

Alternative for design of riding station

28.36 The design of safe facilities specified under

section 16.31 (2) (

b) also may be done by a person qualified to design the facilities.

Safety device on older trucks exception

28.37

Section 16.37 (4) (requirements for a mechanical

device capable of supporting an empty dump box in the raised position) applies

only to dump trucks with a chassis manufactured after January 1, 2006.

Protective structures exception for mobile equipment

28.38

(1) Other than for agricultural tractors,

section 16.21 (1) and (2) applies only to new equipment purchased for first

use after January 1, 2006.

(2) Despite subsection (1), the Board may require a protective structure to be installed on any mobile equipment if the design of the equipment or the circumstances of use indicate the need.

ROPS on older equipment exception

28.39 Other than for agricultural tractors, the

requirements of

section 16.22 (1) for rollover protective structures (ROPS)

apply only to new equipment purchased for first use after January 1, 2006.

Protective structures exception for agricultural tractors

28.40

Section 16.21 (1) and (2) does not apply

to an agricultural tractor manufactured on or before January 1, 1985.

ROPS exception for agricultural tractors

28.41

(1) Section 16.22 (1) does not apply to

an agricultural tractor manufactured on or before January 1, 1985.

(2) An agricultural tractor manufactured after January 1, 1985 must be equipped with a rollover protective structure, except for

(

a) a low profile tractor used in agricultural situations

where there is low overhead clearance, such as orchards, hop yards, farm buildings

and greenhouses where overhead clearance is not adequate to allow a tractor

equipped with a rollover protective structure to operate, and when its use is

incidental to the work in those situations, and

(

b) an agricultural tractor fitted with implements incompatible with the rollover protective structure.

Use of seat belts on agricultural tractors

28.42 Despite

section 16.33 (2), a seat belt must be used at all times when operating an agricultural tractor equipped with a rollover protective structure.

General requirements for mobile elevating work platforms

28.43 A mobile elevating work platform used in an orchard must

(

a) have a platform equipped with a non-skid surface,

(

b) be provided with a drive system that ensures there

will be no unintended movement of the unit, and

(

c) not be operated on sloping ground unless

(

i) specific instructions from the manufacturer for the

operation are followed, and

(ii) the unit is equipped with a braking system capable of restraining the machine under any condition of use, or the unit is equipped with wheels that will not turn unless driven.

Mobile elevating work platform design standards

28.44

(1) Except as provided by subsection (2),

a mobile elevating work platform used in an orchard must meet the requirements

section 13.104 (1).

(2) A mobile elevating work platform may be used in an orchard if it has

(

a) a platform equipped with

(

i) a gate that does not swing outward and that can be securely fastened in the closed position to minimize the risk of accidental opening,

(ii) a top rail approximately 90 cm (36 in) in height

above the floor and capable of withstanding a load of 890 N (200 lbs)

applied in any direction at any point on the top rail, and

(iii) a toe rail, on the sides not serviced by a gate,

which is approximately 8 cm (3 in) in height with a maximum clearance between

the floor and the bottom edge of the toe rail of 5 cm (2 in), and

(

b) for equipment manufactured after December 31, 1993,

a maximum platform height of 3.6 m (12 ft).

Identification on mobile elevating work platforms

28.45 A mobile elevating work platform used in

orchards, if manufactured after December 31, 1993, must have the following

information permanently and conspicuously marked on it:

(

a) certification to confirm the standard met by the device;

(

b) the make, model, serial number and manufacturer's name;

(

c) the rated platform workload;

(

d) the maximum platform height and travel height;

(

e) the maximum slope on which the device may be operated when the platform is elevated.

Fall protection exception

28.46

Section 13.112 (1) and

Part 11 (Fall Protection)

do not apply to a worker using a mobile elevating work platform in an orchard

if the platform height is 3.6 m (12 ft) or less.

Annual inspection and certification exception

28.47 For the purposes of application of

section

13.109 (2), a person may make the inspection and determination of safety for

continued use of a mobile elevating work platform used in orchards if the person

is qualified to do so, and the work platform has a maximum operational height

of 3.6 m (12 ft).

Operational devices exception

28.48 Sections 13.116, 13.117, 13.120 and 13.121

do not apply to mobile elevating work platforms when they are used in orchards

at a height of 3.6 m (12 ft) or less.

Pulling loads

28.49 When a tractor or other mobile equipment is used for pulling loads,

(

a) the point of pull on the tractor or other mobile

equipment must be the point specified by the manufacturer's instructions, and

(

b) the weight of a load pulled must not exceed that specified by the manufacturer.

Transportation of workers

28.50

(1) Despite

section 16.31 and

Part 17 (Transportation

of Workers), a worker may be transported on farm land, on mobile equipment not

designed for the transportation of workers, if

(

a) the worker is safely seated, and

(

b) the equipment is not operated at more than 10 km/h (6 mph).

(2) A worker must not ride on

(

a) a tongue or drawbar connected to equipment in tandem, or

(

b) a bucket, forks or other equipment that pose a risk of injury to the worker.

2 The Regulations for Agricultural Operations, B.C. Reg. 146/93, are repealed.

3 The Industrial Health and Safety Regulation, B.C. Reg. 585/77, is repealed.

4 The Application of Health and Safety Regulations to the Farming Industry, B.C. Reg. 340/97, is repealed.

5 The above amendments come into force January 1, 2005.

DATED at Richmond, British Columbia, June 22, 2004. By the

Workers' Compensation Board.

— DOUGLAS J. ENNS, Chair, Board of Directors.

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© 2004: Queen's Printer, Victoria, British Columbia, Canada