Copyright © Queen's Printer,

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 55, No. 26

404/2012

The British Columbia Gazette,

Part II

December 31, 2012

B.C. Reg. 404/2012 , deposited December 20, 2012, pursuant to the WORKERS COMPENSATION ACT [section 225 (1)]. Resolution of the Workers' Compensation Board, dated November 28, 2012.

THE WORKERS' COMPENSATION BOARD OF BRITISH COLUMBIA

RESOLUTION OF THE BOARD OF DIRECTORS

RE: Amendments to requirements of the Occupational Health and Safety Regulation (BC Regulation 296/97, 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 it considers necessary or advisable in relation to occupational health and safety and occupational environment;

AND

WHEREAS:

The WCB, pursuant to its mandate under the Act , has proposed amendments to the following Part of the Occupational Health and Safety Regulation ("OHSR"), and has given notice of the proposed amendments, conducted consultations and held public hearings on the following proposed amendments in accordance with

section 226 (1) of the Act ;

AND

WHEREAS:

Pursuant to

section 228 of the Act , a review of the above Part was undertaken by the WCB as part of the process of ongoing review of and consultation on its regulations to ensure they are consistent with current workplace practices, technological advances and other changes affecting occupational health and safety and occupational environment;

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

Part 11 of the OHSR relating to clarifying whether fall protection anchors must be re-certified annually by a professional engineer in all circumstances;

AND

WHEREAS:

The WCB must specify the date on which regulations come into force, which date must be at least 90 days after their deposit under the Regulations Act , as per

section 227 of the Act ;

AND

WHEREAS:

Pursuant to the Provincial Government's Regulatory Reform Policy , the BOD 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 amendments to the OHSR in Appendix A come into force on April 1, 2013;

3. The regulatory amendments to the OHSR in Appendix A will be deposited with the Registrar of Regulations in such form as may be required by the Registrar of Regulations;

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

Dated at Richmond, British Columbia, on November 28, 2012.

By the Workers' Compensation Board.

GEORGE MORFITT, FCA, Chair, Board of Directors.

THE BOARD OF DIRECTORS RESOLVES THAT:

Section 11.1 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended

(

a) by repealing the definition of "anchor" and substituting the following:

"anchor" means a component or subsystem of a fall protection system used to connect other parts of a fall protection system to an anchorage, and includes an anchorage connector; ,

(

b) by adding the following definition:

"anchorage" means a secure connection point for a fall protection system; , and

(

c) in the definition of "personal fall protection system" by striking out " individual point of anchorage or to a horizontal lifeline system; " and substituting " anchor, an anchorage or a horizontal lifeline system; ".

Section 11.6 (2) is amended by striking out " point of anchorage " and substituting " attachment point ".

Section 11.10 is amended by adding the following subsection:

(0.1) If, at any time, a permanent anchor does not meet the requirements of

section 11.5 (c), the anchor must not be used until it has been inspected and recertified, by a professional engineer, as meeting the requirements of

section 11.5 (c).

4 Sections 1 to 3 of this Appendix come into force on April 1, 2013.

Dated at Richmond, British Columbia, November 28, 2012.

By the Workers' Compensation Board

George Morfitt, FCA, Chair, Board of Directors

Copyright © 2012: Queen's Printer, Victoria, British Columbia, Canada