British Columbia Gazette Part II — B.C. Reg. 258/2008
B.C. Reg. 258/2008
British Columbia — Gazette
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Volume 51, No. 19
B.C. Reg. 258/2008
The British Columbia Gazette,
Part II
October 7, 2008
B.C. Reg. 258/2008 , deposited September 25, 2008, pursuant to the WORKERS COMPENSATION ACT [Section 225 (1)]. Resolution of the Board of Directors, dated September 22, 2008.
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. 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 Parts of the Occupational Health and Safety Regulation ("OHSR"), and has given notice of the proposed amendments, conducted consultations and held a public hearing on the following proposed amendments in accordance with
section 226 (1) of the Act :
Part 1,
Definitions, and
Part 4, General Conditions, relating to avalanche assessment;
Part 4, General Conditions, relating to environmental tobacco smoke;
Part 5, Chemical Agents and Biological Agents, relating to designation of substances;
Part 14, Cranes and Hoists, relating to operator's duties;
Part 17, Transportation of Workers, relating to seating requirements and seat belts in vehicles used to transport workers;
Part 20, Construction, Excavation and Demolition, and
Part 22, Underground Workings, relating to fills, stockpiles and professional certifications;
Part 22, Underground Workings, relating to accommodation of tunnel boring and cut and cover excavation methods;
Part 23, Oil and Gas, relating to snubbing operations, emergency escape system, riding hoisting equipment, and miscellaneous items.
AND
WHEREAS: Pursuant to
section 228 of the Act , a review of the above Parts 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 Parts 1, 4, 5, 14, 17, 20 and 22, and 23 of the OHSR;
AND
WHEREAS: Results of stakeholder feedback received from the public hearing process indicate that more work is required with stakeholders on the proposed amendments to
Part 22 relating to accommodation of tunnel boring and cut and cover excavation methods;
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 Appendices A to G, are approved;
2. The amendments in Appendices A to G, except for
section 4.1.1 of
Part 4, come into force on January 1, 2009;
Section 4.1.1 of
Part 4, in Appendix A, comes into force on September 1, 2009;
4. The regulatory amendments in Appendices A to G will be deposited with the Registrar of Regulations in such form as may be required by the Registrar;
5. The Regulatory Criteria Checklist in Appendix H is approved;
6. The Policy and Research Division ("PRD") will conduct further consultation with affected stakeholders on
Part 22, relating to accommodation of tunnel boring and cut and cover excavation methods, and report to the BOD with the results of the consultation; and
7. The PRD will return to the BOD in two to three years and with a recommendation as to whether use of the Geronimo-style escape systems should be phased out in
Part 23 of the OHSR.
Dated at Cranbrook, British Columbia, on September 10, 2008. By the Workers' Compensation Board
— DR. ROSYLN KUNIN, CM, ICD.D, Chair, Board of Directors .
Appendix A
THE BOARD OF DIRECTORS RESOLVES THAT:
Section 1.1 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended by adding the following
definitions:
"professional geoscientist" means a professional geoscientist or licensee under the Engineers and Geoscientists Act ;
"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 ; .
Section 4.1 is repealed and the following substituted:
Safe workplace
4.1 A workplace must be planned, constructed, used and maintained to protect from danger any person working at the workplace.
Part 4 is amended by adding the following section:
Snow avalanche assessment
4.1.1
(1) In this section:
"active avalanche safety program" means a program for monitoring daily, or more frequently if conditions warrant, the weather, snow and avalanche conditions, determining temporal fluctuations of avalanche hazards and implementing safety measures, closures or other methods specified in the program to reduce avalanche risk that has not been mitigated through use of passive measures;
"avalanche" means snow avalanche;
"avalanche risk assessment" means an assessment, done in accordance with CAA guidelines, of the terrain in and surrounding a workplace to determine if any person working at the workplace is at risk from a snow avalanche;
"avalanche risk zone" means a workplace or part of a workplace where an avalanche risk assessment determines that avalanches pose a risk to any person working at the workplace and risk control measures are required to make the area safe for work to be conducted;
"avalanche safety plan" means a documented plan meeting CAA guidelines, specifying passive measures to mitigate or reduce the avalanche risk to any person working at the workplace and any active avalanche safety program necessary to monitor and manage any avalanche risk that has not been mitigated through use of passive measures;
"CAA guidelines" means the Canadian Avalanche Association guidelines for risk determination, mapping and mitigation for snow avalanche risks as specified in the Guidelines for Snow Avalanche Risk Determination and Mapping in Canada and the Land Managers Guide to Snow Avalanche Hazards in Canada, published by the Canadian Avalanche Association in 2002;
"passive measures" means the application of CAA guidelines and other relevant standards and practices in engineering, geoscience and forestry to worksite and facility planning, location, design and use to mitigate or reduce the risk from avalanches without reliance on an active avalanche safety program, and may include the design and construction of physical defenses against avalanches;
"qualified avalanche planner" means a person
(
a) who has training and experience in the development and implementation of active avalanche safety programs and is
(
i) a professional member of the Canadian Avalanche Association,
(ii) a certified guide and a member of the Association of Canadian Mountain Guides,
(iii) a certified guide and a member of the Canadian Ski Guide Association, or
(iv) a qualified registered professional, and
(
b) who, on and after September 1, 2011, meets the requirements of the CAA Recommended Minimum Training and Experience for Qualified Avalanche Planners published by the Canadian Avalanche Association in August 2008.
(2) Before work commences in a workplace where there is or may be a risk from an avalanche to a person working in the workplace, an avalanche risk assessment must be prepared as follows:
(
a) for workplaces involving buildings, construction, logging, transportation corridors or other work areas that will be occupied by any person working in the workplace on a permanent, seasonal or scheduled basis, by a qualified registered professional and a qualified avalanche planner;
(
b) for wilderness operations where any person working in the workplace undertakes short-duration activities in undeveloped terrain, by a qualified avalanche planner.
(3) If an avalanche risk assessment conducted under subsection (2) identifies an avalanche risk zone, no work may be conducted in the avalanche risk zone at any time when snow conditions have the potential to create an avalanche unless an avalanche safety plan has been developed and implemented.
(4) If any part of an avalanche safety plan
(
a) requires passive measures, that part must be prepared by a qualified registered professional, and
(
b) requires an active avalanche safety program, that part must be prepared by a qualified avalanche planner.
(5) If the avalanche safety plan required by subsection (3) includes an active avalanche safety program, a copy of that active avalanche safety program must be readily available to each person who administers or implements the avalanche safety program for the workplace.
(6) An avalanche safety plan must be reviewed to ensure that the plan is appropriate and relevant to the conditions and activities for the workplace as follows:
(
a) whenever there is a significant change to the workplace activities contemplated by the plan;
(
b) whenever there is a significant change to the surface terrain or forest cover in or surrounding the workplace.
(7) An active avalanche safety program must be reviewed to ensure that the program is appropriate and relevant to the conditions and activities for the workplace at least once every 60 months.
(8) The review required under subsection (6) or (7) must have any passive measures reviewed by a qualified registered professional and any active avalanche safety program reviewed by a qualified avalanche planner, and following the review the avalanche safety plan must be amended as necessary by the person or persons who conducted the review.
(9) On and after September 1, 2011, every active avalanche safety program approved before September 1, 2011 must have been prepared by, or reviewed and approved by, a qualified avalanche planner who meets the requirements of the CAA Recommended Minimum Training and Experience for Qualified Avalanche Planners published by the Canadian Avalanche Association in August 2008.
(10) If an avalanche safety plan specifies procedures to be followed by persons working in an avalanche risk zone, each person working in the risk zone must be trained in, and comply with, any procedures applicable to that person's work.
4 Sections 1 and 2 come into force on January 1, 2009 and
section 3 comes into force on September 1, 2009.
Dated at Vancouver, British Columbia, on September 23, 2008. By the Workers' Compensation Board
— DR. ROSYLN KUNIN, CM, ICD.D, Chair, Board of Directors .
Appendix B
THE BOARD OF DIRECTORS RESOLVES THAT:
Section 4.81 of the Occupational Health and Safety Regulation, B. C. Reg. 296/97, is amended
(
a) by striking out "or" at the end of paragraph (a), and
(
b) by repealing paragraph (
b) and substituting the following:
(
b) restricting smoking to a safe outdoor location that is a minimum of 3 metres from a doorway, window or air intake of an indoor workplace, subject to
section 4.22 (3) of the Tobacco Control Regulation, B.C. Reg. 232/2007, and
(
c) prohibiting working in an indoor area where smoking is allowed under
section 4.23 (2) (
a) or (
b) of the Tobacco Control Regulation, except as permitted in
section 4.82 of this regulation.
2 Sections 4.82 and 4.83 are repealed and the following substituted:
Exceptions
4.82
(1) An employer must ensure that a worker does not work in an indoor area where smoking is permitted under
section 4.23 (2) (
a) or (
b) of the Tobacco Control Regulation, B.C. Reg. 232/2007, unless
(
a) the worker must enter the area to respond to an emergency endangering life, health or property,
(
b) the worker must enter the area to investigate for illegal activity, or
(
c) the tobacco smoke has been effectively removed.
(2) If necessary to prevent tobacco smoke from entering a workplace, a room where smoking is permitted under
section 4.23 (2) (
a) of the Tobacco Control Regulation, B.C. Reg. 232/2007, must be provided with a separate, non-recirculating exhaust ventilation system that
(
a) is designed in accordance with expected occupancy rates,
(
b) maintains adequate air flows from non-smoking to smoking areas,
(
c) discharges directly to the outdoors, and
(
d) meets all other requirements for a smoking lounge
specified in the American Society of Heating, Refrigerating and Air-conditioning Engineers Standard 62-1989, Ventilation for Acceptable Indoor Air Quality .
3 Sections 1 and 2 come into force on January 1, 2009.
Dated at Vancouver, British Columbia, on September 22, 2008. By the Workers' Compensation Board
— DR. ROSYLN KUNIN, CM, ICD.D, Chair, Board of Directors .
Appendix C
THE BOARD OF DIRECTORS RESOLVES THAT:
Section 5.1 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended by repealing the definition of "ACGIH" and substituting the following:
"ACGIH" means
(
a) the American Conference of Governmental Industrial Hygienists publication entitled Threshold Limit Values and Biological Exposure Indices , dated 2002, as amended from time to time, or
(
b) the American Conference of Governmental Industrial Hygienists publication entitled Documentation of the Threshold Limit Values and Biological Exposure Indices , as amended from time to time.
Section 5.57 (1) is repealed and the following substituted:
(1) If a substance identified as any of the following is present in the workplace, the employer must replace it, if practicable, with a material which reduces the risk to workers:
(
a) ACGIH A1 or A2, or IARC 1, 2A or 2B carcinogen;
(
b) ACGIH reproductive toxin;
(
c) ACGIH sensitizer;
(
d) ACGIH L endnote.
Section 5.58 (1) is amended by striking out "as having a reproductive critical effect, a sensitization critical effect or SEN notation," and substituting "as an ACGIH reproductive toxin or an ACGIH sensitizer,".
4 Sections 1 to 3 come into force on January 1, 2009.
Dated at Vancouver, British Columbia, on September 22, 2008. By the Workers' Compensation Board
— DR. ROSYLN KUNIN, CM, ICD.D, Chair, Board of Directors .
Appendix D
THE BOARD OF DIRECTORS RESOLVES THAT:
Part 14 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended by adding the following section:
Operator's duties
14.37.1 The operator of a crane, hoist or boom truck must have full control of the equipment controls whenever the hoisting equipment is in use, and engage in no other duties while operating the equipment.
Section 1 comes into force on January 1, 2009.
Dated at Vancouver, British Columbia, on September 22, 2008. By the Workers' Compensation Board
— DR. ROSYLN KUNIN, CM, ICD.D, Chair, Board of Directors .
Appendix E
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 in
Part 17:
Definitions
17.01 In this Part:
"gross vehicle weight rating (GVWR)" means the manufacturer's maximum recommended weight for a vehicle, including the weight of the vehicle itself, fuel and other fluids, passengers, and all cargo;
"highway" has the same meaning as in the Motor Vehicle Act ;
"worker transportation vehicle" means a motor vehicle provided by or arranged by an employer to transport 3 or more workers to and from, or to or from, a workplace.
General responsibilities
17.1.1 Vehicles used to transport workers must be designed, maintained and operated in a safe manner.
Provision for seating and seat belt assemblies
17.1.2 If a worker transportation vehicle is used off a highway, the seating requirements under Division 39 of the Motor Vehicle Act Regulations and the seat belt assembly requirements of
Section 220 of the Motor Vehicle Act apply as if the vehicle were operated on a highway.
2 Sections 17.2 and 17.3 are repealed and the following substituted:
Employer's responsibility
17.2 If workers are to travel in a worker transportation vehicle, the employer must ensure that
(
a) reasonable measures are taken to evaluate road, weather and traffic conditions to ensure the safe transit of the workers,
(
b) an inspection of the worker transportation vehicle has been conducted by a qualified person before first use on a work shift, and
(
c) any defect which might affect the safety of workers is corrected before the vehicle is used.
Operator responsibility
17.2.1
(1) The operator of a worker transportation vehicle must ensure that the worker transportation vehicle has been inspected by a qualified person before first use on a work shift.
(2) In addition to the requirements of
section 17.1.2, the operator must not operate a vehicle in which there is a worker who occupies a seating position for which a seat belt assembly is provided unless that worker is wearing the complete seat belt assembly in a properly adjusted and securely fastened manner.
General operation requirements
17.2.2
(1) A vehicle used to transport workers must be operated by a driver properly licensed under the provisions of the Motor Vehicle Act and, if required, the Industrial Roads Act .
(2) If a vehicle is used to transport workers the following procedures must be in place:
(
a) all doors must be closed and latched while the vehicle is in motion;
(
b) the parking brake must be engaged when the vehicle is left unattended and the wheels blocked or chocked if the circumstances require.
Provision for seat belts
17.2.3 An exemption under Division 32, and an exception under Division 39, of the Motor Vehicle Act Regulations apply to the operation of a worker transportation vehicle both on and off a highway.
3 The following
section is added:
Gross vehicle weight rating
17.5.1 The gross vehicle weight rating (GVWR) of the worker transportation vehicle must not be exceeded.
Section 17.11 is repealed.
Section 17.13 is repealed and the following substituted:
Seating capacity
17.13 For vehicles that do not have seat belt assemblies in every seating position, the seating capacity must be determined by the number of 41 cm (16 in) seat widths available, provided the gross vehicle weight rating (GVWR) is not exceeded.
6 Sections 1 to 5 come into force on January 1, 2009.
Dated at Vancouver, British Columbia, on September 22, 2008. By the Workers' Compensation Board
— DR. ROSYLN KUNIN, CM, ICD.D, Chair, Board of Directors .
Appendix F
THE BOARD OF DIRECTORS RESOLVES THAT:
Section 20.1 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended by adding the following
definitions:
"fill" means any soil or other loose material that is constructed to form an embankment or a part of the foundation of a structure or improvement;
"stockpile" means any soil or other loose material that is placed in an area for storage but that is not intended to function as fill; .
2 The following sections are added:
Fills
20.14.1 A fill must be planned, constructed, used and maintained so that no person working at the workplace is endangered by any failure or instability of the fill.
Stockpiles
20.14.2 A stockpile must be planned, constructed, used and maintained so that no person working at the workplace is endangered by any instability of the stockpiled material.
Unstable face of a stockpile
20.14.3 The height of an unstable face of a stockpile must not exceed the maximum safe reach of the equipment being used to remove material from the stockpile.
Section 20.78 is repealed and the following substituted:
Work standards
20.78
(1) Subject to this section, excavation work must be done in accordance with the written instructions of a qualified registered professional if
(
a) the excavation is more than 6 m (20 ft) deep,
(
b) an improvement or structure is adjacent to the excavation,
(
c) the excavation is subject to vibration or hydrostatic pressure likely to result in ground movement hazardous to workers, or
(
d) the ground slopes away from the edge of the excavation at an angle steeper than a ratio of 3 horizontal to 1 vertical.
(2) Despite subsection (1), excavation work described in that subsection must be done in accordance with the written instructions of a professional engineer if the excavation requires or uses support structures.
(3) The written instructions required by this
section must
(
a) be certified by the qualified registered professional concerned,
(
b) be available at the site, and
(
c) specify the support and sloping requirements, and the subsurface conditions expected to be encountered.
Section 20.81 is amended
(
a) by repealing subsection (1) and substituting the following:
(1) Subject to
section 20.78, before a worker enters any excavation over 1.2 m (4 ft) in depth or, while in the excavation, approaches closer to the side or bank than a distance equal to the depth of the excavation, the employer must ensure that the sides of the excavation are
(
a) sloped as specified in writing by a qualified registered professional,
(
b) sloped at angles, dependent on soil conditions, which will ensure stable faces, but in no case may the slope or combination of vertical cut and slope exceed that shown in Figure 20-1,
(
c) benched as shown in Figure 20-2,
(
d) supported as specified in writing by a professional engineer,
(
e) supported in accordance with the minimum requirements of
section 20.85, or
(
f) supported by manufactured or prefabricated trench boxes or shoring cages, or other effective means. , and
(
b) in subsection (2) (
c) by adding "or professional geoscientist" after "a professional engineer".
Section 22.6 (2) (
h) is amended by adding "or professional geoscientist" after "a professional engineer".
6 Sections 1 to 5 come into force on January 1, 2009.
Dated at Vancouver, British Columbia, on September 22, 2008. By the Workers' Compensation Board
— DR. ROSYLN KUNIN, CM, ICD.D, Chair, Board of Directors.
Appendix G
THE BOARD OF DIRECTORS RESOLVES THAT:
Section 23.1 of the Occupational Health and Safety Regulation, B. C. Reg. 296/97, is amended in the definition of "rig" by striking out "the derrick" and substituting "a derrick".
Section 23.18 (10) is repealed.
Section 23.22 is repealed and the following substituted:
Driver training
23.22 A vehicle driver in the oil and gas industry must, before operating a vehicle with a gross vehicle weight rating greater than 5 500 kg (12 000 lbs.),
(
a) be certified in the applicable Enform Canada driver training course acceptable to the Board, or
(
b) have completed driver training providing skills and knowledge for safe driving equivalent to or better than those required by paragraph (a).
Section 23.30 is repealed.
Section 23.39 is renumbered
section 23.39.2 and the following
section is added:
Emergency escape systems
23.39.1 A drilling or service derrick must have an emergency means of escape from the racking board that complies with
section 23.39.2 or 23.39.3.
Section 23.39.2 (1) is amended
(
a) by striking out everything before paragraph (
a) and substituting "A drilling or service derrick must have a specially rigged and securely anchored line as an emergency means of escape that",
(
b) in paragraph (
a) by striking out "from the principal working platform above the drill floor," and substituting "from the racking board,",
(
c) in subsection (4) by striking out "The safety buggy must" and substituting "The safety buggy required under subsection (3) must",
(
d) in subsection (4) (
a) by striking out "at the derrickhand's principal working platform," and substituting "at the racking board,", and
(
e) in subsection (5) by striking out "a worker" and substituting "a person".
7 The following
section is added:
Emergency escape system 2
23.39.3
(1) A drilling or service derrick must have an emergency means of escape that
(
a) is available for use at the racking board whenever a person is working at that level during drilling or well servicing operations,
(
b) is able to simultaneously and safely transport all persons from the racking board level, either individually or as a group, to a location at ground level removed from the source of danger,
(
c) shields the persons using the system from any danger coming from the well bore during the descent or separates the persons using the system from such danger during the descent,
(
d) has a means to keep the persons using the system from falling out of or off of the emergency means of escape during descent, and
(
e) has a means, either automatic or manually controlled, to control the rate of descent to a speed that minimizes the risk of injury to the persons using the system when they near ground level.
(2) The placement of equipment and the movement of vehicles in the area under the emergency means of escape required under subsection (1) must be controlled so as to ensure the emergency means of escape can be safely used.
(3) The emergency means of escape required under subsection (1) must be inspected and tested in accordance with the manufacturer's instructions
(
a) each time the derrick is erected, before a person works at the racking board during drilling or well servicing operations, and
(
b) at least once each month when the rig is being used for drilling or well servicing operations and a person is working at the racking board.
(4) Each person assigned to work at the racking board during drilling or well servicing operations must
(
a) have demonstrated proficiency in the use of the type of emergency escape system installed on the rig, and
(
b) participate in drills and receive retraining as necessary to ensure ongoing proficiency in the use of the escape system installed on the rig.
Section 23.51 is amended by adding the following subsection:
(3) If the hoisting equipment to be used under subsection (2) is not rated by the hoist manufacturer for hoisting personnel, training with the equipment must be done without suspending or supporting a person with the load line of the hoisting equipment.
9 The following
section is added:
Snubbing operations
23.64.1 A snubbing operation must be carried out in accordance with recognized industry safe work practices.
10 Sections 1 to 9 come into force on January 1, 2009.
Dated at Vancouver, British Columbia, on September 22, 2008. By the Workers' Compensation Board
— DR. ROSYLN KUNIN, CM, ICD.D, Chair, Board of Directors .
Copyright © 2008: Queen's Printer, Victoria, British Columbia, Canada