Copyright © Queen's Printer,

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 46, No. 20

B.C. Reg. 348/2003

The British Columbia Gazette,

Part II

October 7, 2003

B.C. Reg. 348/2003, deposited October 1, 2003, pursuant to the WORKERS COMPENSATION ACT [Section 225 (1)]. Regulation of the Workers Compensation Board, dated August 12, 2003.

THE WORKERS' COMPENSATION BOARD OF BRITISH COLUMBIA

RESOLUTION OF THE BOARD OF DIRECTORS

RE: Amendments to various sections of the Occupational Health and Safety

Regulation (B.C. Reg. 296/97, as amended) pertaining to occupational first aid

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") contains requirements regarding the provision of occupational first aid services, supplies and facilities;

AND

WHEREAS: A review of the first aid requirements in the OHSR has been conducted to provide a balance between establishing standards for controlling risk and providing flexibility to enable workplaces to determine appropriate measures for achieving compliance;

AND

WHEREAS: The WCB, pursuant to its mandate under the Act, has proposed amendments to relevant sections of the OHSR 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 amend sections of the OHSR, pertaining to occupational first aid;

AND

WHEREAS: Consequential policy amendments have been developed, in addition to retirement of certain policies, to support the proposed regulatory amendments;

AND

WHEREAS: The Prevention 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 various sections of the OHSR as set out in Appendix A are approved.

2. to 4. do not relate to regulations.

5. The above amendments to the OHSR will be deposited with the Registrar of Regulations in such form as may be required by the Registrar.

6. The above amendments to the OHSR come into force 180 days after their deposit under the Regulations Act.

7. and 8. do not relate to regulations.

DATED at Richmond, British Columbia, August 12, 2003. By the Workers' Compensation Board. — DOUGLAS J. ENNS, Chair, Board of Directors.

Appendix A

THE BOARD OF DIRECTORS RESOLVES THAT:

1 Sections 3.1 (1) of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is repealed and the following substituted:

When program required

3.1

(1) An occupational health and safety program as outlined in

section 3.3 must be initiated and maintained by each employer having

(

a) a work force of 20 or more workers in a workplace determined to be not low risk under

section 3.16 (2) (b), or

(

b) a work force of 50 or more workers in a workplace determined to be low risk under

section 3.16 (2) (b).

2 The following is added after

section 3.13:

Occupational First Aid

Definitions

3.14 In 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.

First aid attendant qualifications

3.15 The 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.

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:

(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 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.

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.

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.

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.

Multiple employer workplaces

3.20 If 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 in accordance with the results of the assessment.

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.

Section 7.59 is amended by striking out "Level 2 or Level 3".

Section 7.72 is amended by striking out "Level 2 or Level 3".

Section 17.10 is amended by repealing paragraph (

h) and substituting:

(

h) be equipped with appropriate first aid equipment determined under

section 3.16 or 3.20, and with appropriate fire extinguishers in good working order.

Section 22.9 is repealed and the following substituted:

Additional first aid

22.9 In addition to the requirements of sections 3.14 to 3.21, if an underground working has progressed more than 300 m

(1 000 ft) underground, a first aid attendant must be available in proximity to the main underground work area.

Section 23.87 is repealed.

Section 24.15 (

d) is amended by striking out "Level 1".

Section 24.53 (

g) is amended by striking out "basic".

Section 24.79 is repealed.

Section 32.7 is repealed and the following substituted:

First aid

32.7 At least one member of a rescue team must be a first aid attendant trained to immobilize an injured worker.

Part 33 is repealed.

13 Schedules 1 to 7 following

Part 33 are repealed.

14 The above amendments come into force 180 days after their deposit under the Regulations Act .

DATED at Richmond, British Columbia, August 12, 2003. By the Workers' Compensation Board. — DOUGLAS J. ENNS, Chair, Board of Directors.

Copyright © 2003: Queen's Printer, Victoria, British Columbia, Canada