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Volume 60, No. 8

143/2017

The British Columbia Gazette,

Part II

May 9, 2017

B.C. Reg. 143/2017 , deposited April 26, 2017, under the WORKERS COMPENSATION ACT [section 225]. Resolution of the Workers’ Compensation Board, dated March 30, 2017.

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

WHEREAS:

Pursuant to

section 225(1) of the Workers Compensation Act , R.S.B.C. 1996, c. 492 (“Act”), the Workers’ Compensation Board may make regulations it considers necessary or advisable in relation to occupational health and safety and occupational environment;

AND

WHEREAS:

The Workers’ Compensation Board, pursuant to its mandate under the Act, has proposed amendments to add a new

section to

Part 4,

section 4.43.1, Storage Racks, of the Occupational Health and Safety Regulation , and has given notice of the proposed amendments, conducted consultations and held public hearings on the 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 Workers’ Compensation Board 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 Workers’ Compensation Board, after due consideration of all presentations, considers it necessary and advisable in relation to occupational health and safety and occupational environment to amend

Part 4 of the Occupational Health and Safety Regulation ;

AND

WHEREAS:

Pursuant to

section 227 of the Act, the Workers’ Compensation Board 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 ;

AND

WHEREAS:

Pursuant to the Provincial Government’s Regulatory Reform Policy , the Workers’ Compensation Board has evaluated the proposed regulatory amendments according to the established regulatory criteria.

THE WORKERS’ COMPENSATION BOARD ORDERS THAT:

Effective January 1, 2018, the Occupational Health and Safety Regulation , B.C. Reg. 296/97, is amended as set out in the attached Appendix A.

Dated at Richmond, British Columbia, on March 30, 2017.

By the Workers’ Compensation Board

— J. BECKETT, CRSP, CPHR, MBA, ICD.D, Chair, Board of Directors .

1 The Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended by adding the following section:

Storage racks

4.43.1

(1) In this section, “storage rack” means a combination of steel frames, beams and associated accessories used, once assembled into a structure, to support materials and products, including, for example, a pallet rack or cantilever rack, but excludes shelving and display fixtures used for retail purposes.

(2) This

section applies in respect of a storage rack that is

(a) 2.4 m (8 ft) or taller in height, as measured from the floor to the top of the highest shelf level of the storage rack, or

(

b) under 2.4 m (8 ft) in height, if the materials and products are loaded on or unloaded off the storage rack by other than manual means.

(3) The employer must ensure that a storage rack in the workplace is

(

a) capable of safely supporting the items stored on it,

(

b) designed and constructed in accordance with good engineering practice, and

(

c) used in accordance with the specifications and instructions of the manufacturer or a professional engineer.

(4) The employer must ensure that a qualified person installs and uninstalls the storage rack, in whole or in part, in accordance with the instructions of the manufacturer or a professional engineer.

(5) The employer must ensure that the instructions of the manufacturer or a professional engineer for safely loading, unloading and maintaining the storage rack are readily available in the workplace to workers.

(6) The employer must ensure that the rated capacity of the storage rack is clearly

posted near the storage rack and readily visible to workers.

(7) The employer must ensure that any structural modification, including reconfiguration,

of the storage rack is carried out in accordance with the specifications of the manufacturer

or a professional engineer.

(8) The employer must ensure that a qualified person

(

a) inspects the storage rack

(

i) for wear, corrosion, damage, missing or incompatible parts, and signs of fatigue,

and

(ii) at regular intervals that will prevent the development of unsafe working

conditions,

(

b) makes a record of the results of each inspection, and

(

c) provides the record to the employer.

(9) The employer must ensure that, with respect to the storage rack,

(

a) regular maintenance is done, and

(

b) wear, corrosion, damage, missing or incompatible parts, and signs of fatigue

are repaired or replaced in accordance with the specifications and instructions of

the manufacturer or a professional engineer.

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