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Volume 49, No. 16

B.C. Reg. 241/2006

The British Columbia Gazette,

Part II

August 29, 2006

B.C. Reg. 241/2006, deposited August 29, 2006, pursuant to the WORKERS COMPENSATION ACT [Section 225 (1)]. Regulation of the Workers' Compensation Board, dated July 25, 2006.

THE WORKERS' COMPENSATION BOARD OF British Columbia

RESOLUTION OF THE BOARD OF DIRECTORS

RE: Amendments to requirements of the Occupational Health and Safety Regulation

(B.C. Reg. 296/97, as amended), pertaining to safety-engineered needles

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 it considers necessary or advisable in relation to occupational health and safety and occupational environment;

AND

WHEREAS: Sections 6.33 and 6.36 of

Part 6 of the Occupational Health and Safety Regulation ("OHSR") contain substance specific requirements for biohazardous materials;

AND

WHEREAS: A review of the regulatory requirements within

Part 6 was conducted in response to a request from health care sector unions to amend the OHSR to add a new requirement for the use of safety-engineered needles in all

workplaces;

AND

WHEREAS: The WCB, pursuant to its mandate under the Act , has proposed amendments to sections 6.33 and 6.36 of

Part 6 of the OHSR , and has given notice of the proposed amendments and held public hearings 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 amend sections 6.33 and 6.36 of

Part 6 of the OHSR ;

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 , as set out in Appendix A, are approved.

2. The Regulatory Criteria Checklist in Appendix B is approved.

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

4. The above regulatory and policy amendments come into force January 1, 2007.

Dated at Richmond, British Columbia, July 25, 2006. By the Workers' Compensation Board — DOUGLAS J. ENNS, Chair, Board of Directors .

THE BOARD OF DIRECTORS RESOLVES THAT:

Section 6.33 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended

(

a) in the definition of "occupational exposure" by striking out "duties." and substituting "duties;", and

(

b) by adding the following definition:

"safety-engineered needle" includes a self-sheathing needle device and a retractable needle system.

Section 6.36 is amended

(

a) in the marginal note by striking out "Control procedures" and substituting "Controls", and

(

b) by repealing subsection (1) and substituting the following:

(1) Engineering controls and work practice controls must be established to eliminate or minimize the potential for occupational exposure to a bloodborne pathogen or other biohazardous material.

(1.1) On and after January 1, 2008, when a hollow-bore needle is used in a workplace to access a vein or artery for the purpose of collecting blood or caring for or treating a person, the employer must ensure that

(

a) if it is clinically appropriate, a safety-engineered needle that provides the highest level of protection from a needlestick injury is used, or a needleless device is used in place of a hollow-bore needle, and

(

b) safe work procedures and practices relating to the use of those safety-engineered needles or needleless devices are implemented.

3 The above amendments come into force on January 1, 2007.

Dated at Richmond, British Columbia, July 25, 2006. By the Workers' Compensation Board — DOUGLAS J. ENNS, Chair, Board of Directors .

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