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Volume 53, No. 21

B.C. Reg. 312/2010

The British Columbia Gazette,

Part II

November 2, 2010

B.C. Reg. 312/2010 , deposited October 27, 2010, pursuant to the WORKERS COMPENSATION ACT [Section 225 (1)]. Resolution of the Workers' Compensation Board, dated October 13, 2010.

— GEORGE MORFITT, FCA, Chair, Board of Directors, Workers' Compensation Board.

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;

THE BOARD OF DIRECTORS RESOLVES THAT:

1. the regulatory amendments to the OHSR, as set out in Appendices A to N, are approved;

2. The amendments in Appendices A to N come into force on February 1, 2011;

3. The regulatory amendments in Appendices A to N will be deposited with the Registrar of Regulations in such form as May be required by the Registrar;

4. The Regulatory Criteria Checklist in Appendix O is approved;

Dated at Richmond, British Columbia, on October 13, 2010. By the Workers' Compensation Board — GEORGE MORFITT, FCA, 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 in paragraph (

b) of the definition of " qualified registered professional " by striking out " professional forester " and substituting " registered professional forester, registered forest technologist ".

Section 1 comes into force on February 1, 2011.

Dated at Richmond, British Columbia, on October 13, 2010. By the Workers' Compensation Board — GEORGE MORFITT, FCA, Chair, Board of Directors.

Appendix B

THE BOARD OF DIRECTORS RESOLVES THAT:

1 The definition of " late night hours " in

section 4.22.1 (1) of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended by striking out " 10:00 p.m. " and substituting " 11:00 p.m. ".

Section 1 comes into force on February 1, 2011.

Dated at Richmond, British Columbia, on October 13, 2010. By the Workers' Compensation Board — GEORGE MORFITT, FCA, Chair, Board of Directors.

Appendix C

THE BOARD OF DIRECTORS RESOLVES THAT:

Section 4.1.1 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended

(

a) in subsection 1 by repealing the definition of " qualified avalanche planner " and substituting the following:

"qualified avalanche planner" means either of the following:

(

a) a qualified registered professional;

(

b) a person who

(

i) has training and experience in the development and implementation of active avalanche safety programs and is

(

A) a professional member of the Canadian Avalanche Association,

(

B) a certified guide and a member of the Association of Canadian Mountain Guides, or

(

C) a certified guide and a member of the Canadian Ski Guide Association, and

(ii) 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. ,

(

b) in subsection (2) (

a) by striking out " and a qualified avalanche planner ", and

(

c) by repealing subsection (9) and substituting the following:

(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) a qualified registered professional, or

(

b) a qualified avalanche planner who is not a qualified registered professional but who meets the requirements of the CAA Recommended Minimum Training and Experience for Qualified Avalanche Planners published by the Canadian Avalanche Association in August

Section 26.18 is amended by striking out " or avalanche ".

3 Sections 1 and 2 come into force on February 1, 2011.

Dated at Richmond, British Columbia, on October 13, 2010. By the Workers' Compensation Board — GEORGE MORFITT, FCA, Chair, Board of Directors.

Appendix D

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 definition:

"utility service" means a petroleum pipeline, sanitary sewer line, enclosed storm sewer, water line, steam line or electrical cable; .

Section 4.18 is repealed and the following substituted:

Notification of utility service providers

4.18 If work activities conducted by or on behalf of an employer cause a utility service to be hit or damaged, the employer must notify the owner of the utility service without delay.

Section 20.79 is amended

(

a) In subsection (1) by striking out " the services must " and substituting " those utility services must ",

(

b) in subsection (2) by adding " utility " after " to an underground " and by striking out " the service " and substituting " that utility service ", and

(

c) in subsection (3) by striking out " underground gas " and substituting " underground petroleum " and by adding " utility " before " services. ".

Section 20.113 is repealed and the following substituted:

Disconnecting utility services

20.113 Demolition must not proceed until all utility services which May endanger a worker have been disconnected in the manner required by the owner of the applicable utility service.

5 Sections 1 to 4 come into force on February 1, 2011.

Dated at Richmond, British Columbia, on October 13, 2010. By the Workers' Compensation Board — GEORGE MORFITT, FCA, Chair, Board of Directors.

Appendix E

THE BOARD OF DIRECTORS RESOLVES THAT:

Section 4.54 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended in the definition of " guardrail " by striking out " an intermediate rail " and substituting " a midrail ".

Section 4.58 is amended

(

a) in subsection (3) by striking out " subsection (4) " and substituting " subsections (4) and (4.1) ", and

(

b) by repealing subsection (4) and substituting the following:

(4) Guardrails temporarily installed during the construction, demolition, maintenance or renovation of a work area must be able to withstand a load of 550 N (125 lbs.) applied perpendicular to the span in a horizontal or vertically downward direction at any point on the top rail, or be built to the criteria of subsection (5).

(4.1) If part or all of the top rail or a midrail of a guardrail that is temporarily installed during the construction, demolition, maintenance or renovation of a work area is made of fibre rope, wire rope, chain or other non-rigid material, that part of the guardrail must meet the requirements of WorkSafeBC Standard — Guardrails using rope or other non-rigid material , as set out in

Schedule 4-A to this Part.

Part 4 is amended by adding the attached

Schedule 4-A.

4 Sections 1 to 3 come into force on February 1, 2011.

Dated at Richmond, British Columbia, on October 13, 2010. By the Workers' Compensation Board — GEORGE MORFITT, FCA, Chair, Board of Directors.

Schedule 4 A

(section 4.58 [specifications for guards and guardrails])

WorkSafeBC Standard — Guardrails Using Rope or Other Non-Rigid Material

Scope

1 This standard sets out the minimum requirements for the design and use of a guardrail system temporarily installed in a workplace and made using a rope rail for part or all of the top rail or midrail of the guardrail system.

Definitions

2 In this standard:

"fall protection system" has the same meaning as in

section 11.1 of this regulation;

"guardrail" has the same meaning as in

section 4.54 of this regulation;

"rope rail" means a rail made of fibre rope, wire rope, chain or other non-rigid material.

Performance and material requirements

(1) A rope rail must be able to withstand a load of 550 N (125 lbs.) applied in any direction at any point on the rope rail.

(2) A guardrail system using a rope rail must be installed with sufficient setback from the outer face of the parapet, the floor opening or the open edge of the floor or work surface, as the case May be, or from any other hazard, such that when the rope rail is subjected to a horizontal load of 550 N (125 lbs.) applied at any point, the rope rail will not deflect

(

a) past the outer face of the parapet,

(

b) past the edge of the floor opening,

(

c) past the open edge of the floor or work surface, or

(

d) into the hazard.

(3) A rope rail must be made of a material that will remain stable and functional, having regard to the following:

(

a) climatic conditions;

(

b) exposure to

(

i) high temperature sources, or

(ii) by-products of high temperature processes such as welding or cutting;

(

c) chemical exposures that May occur due to

(

i) the location of the workplace where the guardrail system is to be installed, or

(ii) the work that will be taking place around or near the guardrail system.

(4) A rope rail must not be made of natural fibre rope or other material relying on natural fibre for tensile strength.

Engineering requirements

(1) A rope rail must be installed and used in accordance with written instructions from a professional engineer.

(2) The written instructions required by subsection (1) must include the following:

(

a) the seal and signature of the professional engineer providing the written instructions;

(

b) the address of and location in the workplace where the guardrail system is to be used;

(

c) the name of each employer, prime contractor or owner for whom the written instructions were prepared;

(

d) a description of the guardrail system or an illustration for its configuration;

(

e) details for the connection of the rope rail to supports and anchors;

(

f) details on the size and grade of rope and all required rigging hardware to be used;

(

g) details for corner posts and points where rope terminations occur;

(

h) the maximum span permitted between supports;

(

i) the tension required in the rope and the means to achieve it;

(

j) the means for testing rope tension during inspections of the system.

(3) The written instructions for a guardrail system intended for use at a number of workplaces of similar design and construction must include the following:

(

a) the seal and signature of the professional engineer providing the written instructions;

(

b) a description of the type of structure where the guardrail system May be used;

(

c) the name of each employer, prime contractor or owner for whom the written instructions were prepared;

(

d) a description of the guardrail system or an illustration for its configuration;

(

e) details for the connection of the rope rail to supports and anchors;

(

f) details on the size and grade of rope and all required rigging hardware to be used;

(

g) details for corner posts and points where rope terminations occur;

(

h) the maximum span permitted between supports;

(

i) the tension required in the rope and the means to achieve it;

(

j) the means for testing rope tension during inspections of the system.

(4) The written instructions must be available at the workplace when the guardrail system is being installed and while the rope rail is in place.

Installation and use requirements

(1) A worker involved in the installation, maintenance or removal of a guardrail system described in

section 1 [scope] must use a fall protection system if required by

Part 11 [Fall Protection] of this regulation.

(2) A rope rail meeting this standard is intended for use only as a guardrail and must not be used as a horizontal lifeline unless a professional engineer specifically authorizes such use and provides written instructions for such use.

(3) If the lack of visibility of a rope rail is a hazard, high visibility coloured markers or flagging must be installed on the top rail of the guardrail system at intervals not exceeding 2 m (6.5 ft.)

(4) Once installation of a guardrail system described in

section 1 [scope] is complete and before the system is relied on as the fall protection system for the work area, the employer must ensure the following:

(

a) the rope rail and the guardrail system is inspected by a qualified person;

(

b) the qualified person is satisfied that the installation conforms to the written instructions of the professional engineer required by

section 4 of this Schedule;

(

c) the qualified person provides the employer with a written record of the inspection that states that the guardrail system is properly installed;

(

d) a copy of the record referred to in paragraph (

c) is available at the workplace where the guardrail system is installed.

(5) In addition to the inspection required by subsection (4), the employer must ensure that the rope rail and the guardrail system is inspected by a qualified person at the start of each work shift to verify that.

(

a) the rope rail meets the tension requirements of

section 3 (1) and (2) of this Schedule, and

(

b) the guardrail system conforms to the written instructions referred to in subsection (4) (

b) of this section.

(6) If, on inspection under subsection (5) or at any other time, the qualified person or any other person finds that

(

a) the rope rail does not meet the tension requirements referred to in subsection (5), or

(

b) the guardrail system does not conform to the written instructions referred to in subsection (4) (b),

no work is to take place in the affected area until the deficiency is corrected or the workers in the area are protected by an alternative fall protection system meeting the requirements of

Part 11 [Fall Protection] of this regulation.

Appendix F

THE BOARD OF DIRECTORS RESOLVES THAT:

Section 8.21 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended

(

a) in subsection (1) by striking out " if there is a danger of leg injury ", and

(

b) by repealing subsections (2) and (3) and substituting the following:

(2) Leg protective devices referred to in subsection (1) must meet or exceed

(

a) the general requirements of

section 4 of the WorkSafeBC Standard — Leg Protective Devices , as set out in

Schedule 8-A of this Part, and

(

b) the performance requirements of one of the following standards, using the cut-resistance testing protocol set out in that standard except as varied in subparagraph (ii):

(

i) WorkSafeBC Standard — Leg Protective Devices , as set out in

section 5 of

Schedule 8-A of this Part, applying a threshold chain speed of 18.3 metres per second or 3 600 feet per minute;

(ii) ASTM F 1414-04 Standard Test Method for Measurement of Cut Resistance to Chain Saw in Lower Body (Legs) Protective Clothing , but applying a threshold chain speed of 16.8 metres per second or 3 300 feet per minute;

(iii) ISO 11393-2 Protective clothing for users of hand-held chain-saws —

Part 2: Test methods and performance requirements for leg protectors , applying a Class 2 threshold chain speed of 24 metres per second or 4 724 feet per minute;

(iv) BS EN 381-5: 1995 Protective clothing for users of hand-held chain saws —

Part 5: Requirements for leg protectors , applying a Class 2 threshold chain speed of 24 metres per second or 4 724 feet per minute.

(3) A leg protective device worn by a worker must have a label that

(

a) is permanently affixed,

(

b) uses lettering that is at least 6 mm (1/4 in) high, and

(

c) clearly indicates all of the following information:

(

i) the name or trademark of the manufacturer;

(ii) the standard met or exceeded under subsection (2) (a);

(iii) the standard met or exceeded under subsection (2) (b);

(iv) the year of manufacture of the device unless otherwise marked on the device.

Part 8 is amended by adding the attached

Schedule 8-A.

3 Sections 1 and 2 come into force on February 1, 2011.

Dated at Richmond, British Columbia, on October 13, 2010. By the Workers' Compensation Board — GEORGE MORFITT, FCA, Chair, Board of Directors.

Schedule 8 A

(section 8.21 [leg protection])

WorkSafeBC Standard — Leg Protective Devices

Scope

1 This standard provides specifications and performance criteria for leg protection for a worker using a chain saw.

Definition

2 In this standard, "leg protection" or "leg protective device" means personal protective equipment worn for protection from leg injury due to contact with a moving saw chain.

Types of leg protection

3 Leg protection must be of one of the following types:

(

a) pant type: the protective pad is secured to and held in position by the trousers;

(

b) apron type: the protective pad is secured to an apron style garment normally worn outside the trousers and secured around the worker's legs and waist;

(

c) chap type: the protective pad is secured to a chap style garment normally worn outside the trousers and secured around the worker's legs.

General requirements

(1) Leg protection must be of materials suitable for the intended application.

(2) Leg protection

(

a) must not unduly restrict the manoeuvrability of the worker, and

(

b) must not shrink more than 10% when cleaned in accordance with the manufacturer's instructions during its service life.

(3) The protective pad of leg protection must be at least 711 mm (28 in) long and of a width covering 180 in the front of both legs from inseam to outseam plus 100 mm (4 in) on the left side of both legs.

(4) If the length requirement in subsection (3) results in a tripping hazard, the protective pad May be shorter, as long as it meets the requirements set out in subsection (5).

(5) When leg protection is worn by a worker, the protective pad

(

a) must extend at minimum from the crotch to within 75 mm (3 in) of the ankle, and

(

b) must be effectively secured in this position.

(6) Effective measures must be taken to prevent unravelling or fraying of material along any edges or other area of leg protection where unravelling or fraying is likely to occur.

(7) A heat seal used to control unravelling or fraying of synthetic fibres of leg protection

(

a) must be effective over the life of the product, and

(

b) if subject to cracking, must be covered to prevent abrasion of the worker's skin.

(8) Instructions on the proper care, maintenance and repair of leg protection must be provided by the manufacturer.

(9) Leg protection showing damage that will affect its performance must be removed from service.

Cut-resistance testing protocol and performance requirements

(1) Leg protection must meet or exceed the "threshold chain speed test" in which the protective pad must be able to consistently resist being cut-through by a running saw chain operating at a speed of 1 098 m/min (3 600 ft/min) or more for at least 1.01 seconds.

(2) Threshold chain speed tests must be conducted

(

a) on leg protection samples assembled in the manner in which the leg protection will be produced for distribution, and

(

b) using the test apparatus described in subsection (3) in accordance with the procedures and methodology described in this section.

(3) The test apparatus to be used in conducting a threshold chain speed test must include a simulated "leg", chain saw and instruments as follows:

(

a) a simulated "leg" (see Figure 1) that is

(

i) made of wood approximately 150 mm (6 in) in diameter with a 20 mm ( in) layer of resilient covering (Ensolite or similar material) attached to simulate the resilience of flesh,

(ii) designed to allow the leg protection to be mounted and tested similar to the configuration the leg protection will take when worn by a worker while the worker's leg is extended, and

(iii) mounted to allow rotation about the longitudinal axis of up to 75 mm (3 in) at the outer circumference, against an applied torque of at least 1.7 Newton-metres (15 inch pounds) and which torque May increase as the leg rotates;

(

b) a chain saw, with Oregon 72 LP chisel chain and capable of a chain speed of at least 1 220 m/min (4 000 ft/min), that must pivot in a vertical plane to contact the "leg" (see Figure 1) with a downward force of 50 1 Newtons (11 0.1 lb);

(

c) instruments to measure and record chain speed and cut-through time.

(4) The test procedure and methodology are as follows:

(

a) start the saw and set the chain speed to the constant level selected for the test cut;

(

b) allow the bottom of the running saw chain to freefall 6 mm ( in) onto the test specimen mounted on the "leg";

(

c) record the time from contact of the saw chain with the test specimen to the nearest 0.01 second;

(

d) record the chain speed during each test;

(

e) repeat the tests on the same material until the maximum chain speed ( 15 m/min or 50 ft/min) at which cut-through does not occur for at least 1.01 seconds or more is determined;

(

f) maintain the chain saw in good repair throughout the testing and keep the saw cutters sharp in accordance with the saw chain manufacturer's recommendations.

Appendix G

THE BOARD OF DIRECTORS RESOLVES THAT:

Section 4.42 (4) (

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

(

b) appropriate respirators and eye protection are worn, and .

Section 6.29 (1) is amended by striking out " respiratory protection which is " and substituting " respirators which are ".

Section 6.61 (

b) is amended by striking out " respiratory protection is " and substituting " respirators are ".

Section 6.127 (2) is amended by striking out " appropriate respiratory protection " and substituting " an appropriate respirator ".

Section 8.1 is renumbered

section 8.1 (1) and is amended by adding the following subsection:

(2) In this Part, "8-hour TWA limit" , "ACGIH" , "ceiling limit" and "short-term exposure limit" have the same meaning as in

section 5.1.

Section 8.5 (

d) is amended by striking out " for respiratory equipment " and substituting " for respirators ".

Section 8.6 (2) (

d) is amended by striking out " for respiratory protection " and substituting " for respirators ".

Section 8.32 is repealed and the following substituted:

When respirator required

8.32 If a worker is or might be exposed in a workplace to an air contaminant that exceeds

(

a) an 8-hour TWA limit, ceiling limit or short-term exposure limit set by ACGIH for the air contaminant,

(

b) a limit that is otherwise determined by the Board under

section 5.48 for the air contaminant, or

(

c) a limit set by

section 5.49 for the air contaminant,

the employer must provide an appropriate respirator and ensure that the worker uses an appropriate respirator in accordance with

section 8.34.

Section 8.33 is amended

(

a) in subsection (1) by striking out " appropriate respiratory protective equipment " and substituting " an appropriate respirator ", and

(

b) in subsection (2) by striking out " respiratory protective equipment " and substituting " a respirator ".

Section 8.34 is repealed and the following is substituted:

Maximum use concentration

8.34

(1) In subsection (2):

"established 8-hour TWA limit" means the 8-hour TWA limit set by the Board for an air contaminant, or if the Board has not set an 8-hour TWA limit for an air contaminant, the TWA limit set by ACGIH for the air contaminant;

"established ceiling limit" means a ceiling limit set by the Board for an air contaminant, or if the Board has not set a ceiling limit for an air contaminant, the ceiling limit set by ACGIH for the air contaminant;

"established short-term exposure limit" means the short-term exposure limit set by the Board for an air contaminant, or if the Board has not set a short-term exposure limit for an air contaminant, the short-term exposure limit set by ACGIH for the air contaminant.

(2) In subsection (3), "maximum use concentration" means the concentration of an air contaminant calculated in one of the following ways:

(

a) if an established 8-hour TWA limit applies to the air contaminant to which a worker is or might be exposed, by multiplying

(

i) the established 8-hour TWA limit for the air contaminant, and

(ii) the protection factor set out in Table 8-1 that applies to the respirator type that the worker is using;

(

b) if there is no established 8-hour TWA limit that applies to the air contaminant to which a worker is or might be exposed, by multiplying

(

i) the established short-term exposure limit for that air contaminant, and

(ii) the protection factor set out in Table 8-1 that applies to the respirator type that the worker is using;

(

c) if there is no established 8-hour TWA limit or short-term exposure limit that applies to the air contaminant to which a worker is or might be exposed, by multiplying

(

i) the established ceiling limit for that air contaminant, and

(ii) the protection factor set out in Table 8-1 that applies to the respirator type that the worker is using.

(3) The employer must ensure that a worker does not use a respirator for protection against a concentration of an air contaminant in the workplace that is greater than the maximum use concentration.

(4) The protection factor of 1 000 set out in Table 8-1: Respirator protection factors for a hood or helmet facepiece, powered (PAPR), and equipped with a HEPA filter or a sorbent cartridge or canister or both a HEPA filter and a sorbent cartridge or canister applies only if an employer who uses or wishes to use that respirator type has evidence from the manufacturer that demonstrates that

(

a) the manufacturer has tested that type of respirator, and

(

b) those tests demonstrate that a respirator of that type has a protection factor of at least 1 000.

(5) The protection factor of 25 set out in Table 8-1: Respirator protection factors for a hood or helmet facepiece, powered (PAPR), and equipped with a HEPA filter or a sorbent cartridge or canister or both a HEPA filter and a sorbent cartridge or canister applies if the conditions set out in subsection (4) are not met.

Appendix G

11 Table 8-1: Respirator protection factors is amended by adding the following items:

Table 8-1: Respirator protection factors

Respirator type

Protection factor

Hood or helmet facepiece, powered (PAPR), and equipped with a HEPA filter or a sorbent cartridge or canister or both a HEPA filter and a sorbent cartridge or canister, if

section 8.34 (5) applies

Hood or helmet facepiece, powered (PAPR), and equipped with a HEPA filter or a sorbent cartridge or canister or both a HEPA filter and a sorbent cartridge or canister, if the conditions set out in

section 8.34 (4) are met

1 000

Section 9.29 (3) (

b) is amended by striking out " supplied-air respiratory protection " and substituting " a supplied-air respirator ".

Section 12.111 (2) is amended by striking out " suitable respiratory protective equipment " and substituting " a suitable respirator ".

Section 12.124 is amended by striking out " Respiratory protective equipment " and substituting " A respirator ".

Section 12.135 is amended by striking out " air-supplied respiratory protection " and substituting " a supplied-air respirator ".

Section 23.83 (2) is amended by striking out " respiratory protective equipment " and substituting " respirators ".

17 Sections 1 to 16 come into force on February 1, 2011.

Dated at Richmond, British Columbia, on October 13, 2010. By the Workers' Compensation Board — GEORGE MORFITT, FCA, Chair, Board of Directors.

Appendix H

THE BOARD OF DIRECTORS RESOLVES THAT:

1 Sections 9.18 and 9.18.1 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, are repealed and the following substituted:

Control of harmful substance in adjacent piping

9.18

(1) Before a worker enters a confined space where adjacent piping contains a harmful substance that is

(

a) a liquid with sufficient volatility to produce a hazardous concentration of an air contaminant, or

(

b) a gas or vapour,

the harmful substance in the adjacent piping must be controlled by either disconnecting the adjacent piping or isolating it using blanks or blinds that meet the requirements of

section 9.20.

(2) Subject to subsection (3), before a worker enters a confined space where adjacent piping contains a harmful substance that is neither

(

a) a liquid with sufficient volatility to produce a hazardous concentration of an air contaminant, nor

(

b) a gas or vapour,

the harmful substance in the adjacent piping must be controlled by either disconnecting the adjacent piping or isolating it using blanks or blinds that meet the requirements of

section 9.20 or using a double block and bleed system that meets the requirements of

section 9.21.

(3) Before a worker enters a confined space where adjacent piping contains a substance that is harmful only because of the temperature, pressure or quantity of the substance, the harmful substance must be controlled

(

a) by either disconnecting the adjacent piping or isolating it using blanks or blinds that meet the requirements of

section 9.20 or using a double block and bleed system that meets the requirements of

section 9.21,

(

b) by isolating the adjacent piping in a manner that a professional engineer has certified will make the confined space safe for a worker to carry out the intended work, or

(

c) if there is no head pressure in the adjacent piping, by de-energizing and locking out each pressure source for the adjacent piping and depressurizing the adjacent piping.

(4) Where a confined space is

(

a) subject to the ingress of gases from a gravity-flow municipal or domestic sanitary sewer system or storm sewer system, and

(

b) protected from the ingress of gases by a p-trap,

a worker May enter the confined space only if the atmosphere of the confined space has been tested immediately before entry and the test results confirm that the confined space contains clean respirable air.

(5) If a worker enters a confined space of the type referred to in subsection (4), the following must be undertaken:

(

a) the operational integrity of the p-trap must be confirmed immediately on the entry of the worker;

(

b) while the worker is inside the confined space, the atmosphere of the confined space must be continuously monitored and confirmed to contain clean respirable air.

Section 9.22 (1) is repealed and the following substituted:

(1) Section 9.18 does not apply if

(

a) a measure specified in

section 9.18 to control or isolate harmful substances contained in adjacent piping from a confined space is not practicable, and

(

b) the employer implements alternative measures of control or isolation that are acceptable to the Board.

3 Sections 1 and 2 come into force on February 1, 2011.

Dated at Richmond, British Columbia, on October 13, 2010. By the Workers' Compensation Board — GEORGE MORFITT, FCA, Chair, Board of Directors.

Appendix I

THE BOARD OF DIRECTORS RESOLVES THAT:

Section 12.80.2 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is repealed and the following substituted:

Swing-arm restraint

12.80.2

(1) An automotive lift that has swing arms must have swing-arm pivot restraints if

(

a) no part of the rigid superstructure is under the raised vehicle, or

(

b) the lift has 2 or more superstructures and the clearance between the rigid parts of the superstructures on each side of the vehicle is 1.3 m (51 in) or more.

(2) Swing-arm pivot restraints required under subsection (1) must be designed and maintained to prevent unintentional removal or disengagement of the swing-arm pivot restraints when a vehicle is being supported by the automotive lift.

Section 1 comes into force on February 1, 2011.

Dated at Richmond, British Columbia, on October 13, 2010. By the Workers' Compensation Board — GEORGE MORFITT, FCA, Chair, Board of Directors.

Appendix J

THE BOARD OF DIRECTORS RESOLVES THAT:

Section 13.32 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended by repealing the portion preceding paragraph (

a) and substituting the following:

13.32 Before a swing stage, boatswain's chair or portable powered platform is used in any of the following circumstances, a professional engineer must have certified in writing that the design, installation and proposed use of the swing stage, boatswain's chair or portable powered platform, as the case May be, meets the requirements of CSA Standard CAN/CSA Z271-98 (R2003) Safety Code for Suspended Elevating Platforms and CSA Standard CAN/CSA Z91-02 (R2008) Health and Safety Code for Suspended Equipment Operations: .

Section 1 comes into force on February 1, 2011.

Dated at Richmond, British Columbia, on October 13, 2010. By the Workers' Compensation Board — GEORGE MORFITT, FCA, Chair, Board of Directors.

Appendix K

THE BOARD OF DIRECTORS RESOLVES THAT:

Section 15.6 (1) of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended by adding the following table:

Table 15-1: Minimum Design Factors for Rigging

Item

Component

Minimum design factor

Nylon fibre rope sling

Polyester rope sling

Polypropylene rope sling

Alloy steel chain sling

Wire rope sling

Metal mesh sling

Synthetic web sling

Synthetic roundsling

Chain fittings

Wire rope sling fittings

Other fittings

as specified by manufacturer

Non-rotating wire rope

as specified by manufacturer but not less than 5

Conventional wire rope

2 Table 15-1 following

section 15.9 is repealed.

Section 15.30 is amended

(

a) by adding " , synthetic roundslings " before " and synthetic fibre web slings " , and

(

b) by striking out " ASME B30.9-1990, Slings . ", and substituting " ASME B30.9-2006 Slings . ".

4 Sections 1 to 3 come into force on February 1, 2011.

Dated at Richmond, British Columbia, on October 13, 2010. By the Workers' Compensation Board — GEORGE MORFITT, FCA, Chair, Board of Directors.

Appendix L

THE BOARD OF DIRECTORS RESOLVES THAT:

Section 16.8 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is repealed and the following substituted:

Warning signal device — backup alarm

16.8 If an operator of mobile equipment cannot directly or by a mirror or other effective device see immediately behind the mobile equipment, the mobile equipment must not be used unless the mobile equipment has an audio warning device that

(

a) provides a signal to people in the vicinity that, if practicable, is audible above the ambient noise level in the workplace where the equipment is being used, and

(

b) activated automatically when the equipment controls are positioned to move the equipment in reverse.

2 The following

section is added:

Warning signal device — extended component

16.8.1

(1) If mobile equipment is used to collect, transport or compact waste material, recyclable material or both, the mobile equipment must have a visual or audio warning device that

(

a) provides a signal to the operator of the mobile equipment when a lifting mechanism, top door cover, body, tilt frame or tailgate component of the mobile equipment is extended in a manner that

(

i) is likely to contact an overhead obstruction when the mobile equipment is in use, or

(ii) creates a hazardous condition, and

(

b) meets the requirements of subsection (2) or (3), whichever is applicable.

(2) If a visual warning device is provided under subsection (1), the visual warning signal from the device must display within the operator's field of vision when the operator is using the mobile equipment.

(3) If an audio warning device is provided under subsection (1), the audio warning signal from the device must make a distinct sound that is audible to the operator above the ambient noise level when the operator is using the mobile equipment.

3 Sections 1 and 2 come into force on February 1, 2011.

Dated at Richmond, British Columbia, on October 13, 2010. By the Workers' Compensation Board — GEORGE MORFITT, FCA, Chair, Board of Directors.

Appendix M

THE BOARD OF DIRECTORS RESOLVES THAT:

Section 19.1 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended

(

a) in the

definitions of " approved " and " electrical worker " by striking out " Electrical Safety Act " and substituting " Electrical Safety Regulation ", and

(

b) by adding the following definition:

"exposed" , as applied to electrical equipment or conductors, means that the conductor or a part of the equipment is

(

a) electrically connected to a source of voltage difference or electrically charged to have a voltage different from that of earth,

(

b) not guarded or insulated in an approved manner, and

(

c) in a location where a person or any tool, equipment or material the person is touching or using might come closer than a safe distance away from the conductor or part; .

Section 19.15 (2) is amended by striking out " Electrical Safety Act and the regulations made under it. " and substituting " Electrical Safety Regulation. ".

Section 19.24 is repealed and the following substituted:

Minimum Separation Distance to be Maintained from Energized High Voltage Electrical Equipment and Conductors

Informing workers about high voltage electrical equipment and conductors

19.24 Before a person starts work close to high voltage electrical equipment or conductors that are exposed or that might become exposed during work at a workplace, the person must be informed of

(

a) the existence, location and voltage of the high voltage electrical equipment and conductors, and

(

b) the work arrangements and procedures to be followed to ensure compliance with this Part.

Minimum approach distance when working close to exposed electrical equipment and conductors

19.24.1 Subject to

section 19.24.2, or unless otherwise permitted by this Part, if exposed electrical equipment or conductors at a workplace have a voltage within a range set out in Column 1 of Table 19-1A, the following must remain at least the distance from the exposed electrical equipment and conductors that is set out in Column 2 opposite that range of voltage:

(

a) a person working at the workplace;

(

b) a tool, a machine, material or equipment at the workplace.

Table 19-1A

Column 1

Voltage

Column 2

Minimum approach distance for working

close to exposed electrical equipment or conductors

Phase to phase

Metres

Feet

Over 750 V to 75 kV

Over 75 kV to 250 kV

4.5

Over 250 kV to 550 kV

Minimum clearance distance when passing under exposed electrical equipment and conductors

19.24.2

(1) This

section applies in the circumstance where a person working at a workplace is moving or is involved in moving equipment under exposed electrical equipment or conductors and is not performing any work other than work related to moving the equipment.

(2) Unless otherwise permitted by this Part, in the circumstances set out in subsection (1), if exposed electrical equipment or conductors have a voltage within a range set out in Column 1 of Table 19-1B, the following must maintain at least the clearance distance from the exposed electrical equipment and conductors that is set out in Column 2 opposite that range of voltage:

(

a) a person moving or involved in moving the equipment under the exposed electrical equipment or conductor;

(

b) the equipment that a person referred to in paragraph (

a) is moving;

(

c) the load carried by the equipment referred to in paragraph (b).

Table 19-1B

Column 1

Voltage

Column 2

Minimum clearance distance for passing

under exposed electrical equipment or conductors

Phase to phase

Metres

Feet

Over 750 V to 75 kV

6.5

Over 75 kV to 250 kV

Over 250 kV to 550 kV

4 Sections 19.25 (1), 19.26 (1), 19.29, 19.30 (1), 19.32 and 19.33 are amended by striking out " Table 19-1 " and substituting " Table 19-1A ".

5 Sections 1 to 4 come into force on February 1, 2011.

Dated at Richmond, British Columbia, on October 13, 2010. By the Workers' Compensation Board — GEORGE MORFITT, FCA, Chair, Board of Directors.

Appendix N

THE BOARD OF DIRECTORS RESOLVES THAT:

Section 5.1.1 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended

(

a) by striking out " 5.2 and 6.33 to 6.40, " and substituting " 5.2 and 6.33 to 6.40 and

Part 30, ", and

(

b) In paragraph (

a) by striking out " the World Health Organization or Health Canada, as amended from time to time, " and substituting " the Public Health Agency of Canada ".

Section 6.34 (1) (d) (iii) is amended by striking out " the Laboratory Biosafety Manual issued by the World Health Organization, as amended from time to time, and the Laboratory Biosafety Guidelines issued by Health Canada, as amended from time to time; " and substituting " the Laboratory Biosafety Guidelines 3rd edition, 2004 , issued by the Public Health Agency of Canada; ".

Section 30.1 is renumbered as

section 30.1.1.

4 The following

section is added:

Definition

30.1 In this Part, "biological agent" means a biological agent designated as a hazardous substance under

section 5.1.1.

Section 30.12 (6) is repealed and the following substituted:

(6) Biological safety cabinets used for handling a biological agent must be operated and ventilated in accordance with the Laboratory Biosafety Guidelines 3rd edition, 2004 , issued by the Public Health Agency of Canada.

Section 30.13 (2) is amended by striking out " biohazardous aerosols " and substituting " an aerosol containing a biological agent ".

Section 30.14 is amended by striking out " biohazardous materials " and substituting " a material that contains a biological agent ".

Section 30.15 is repealed and the following substituted:

Permitted quantities

30.15 Only the minimum necessary amount of biological agents and substances that are combustible, flammable, corrosive, toxic or highly reactive May be kept in the working area of the laboratory.

Section 30.16 is amended by striking out " toxic, biohazardous or highly reactive substances " and substituting " toxic or highly reactive substances or biological agents ".

Section 30.17 (1) is repealed and the following substituted:

(1) A worker must wear protective laboratory clothing in a laboratory where a toxic or radioactive substance or a biological agent is handled.

(1.1) Protective laboratory clothing worn in circumstances referred to in subsection (1) must not

(

a) be worn outside an area where a worker is required to wear the protective work clothing, and

(

b) be stored in a manner or location that might expose a worker to a hazardous substance.

Section 30.19 (5) is amended by striking out " Biohazardous waste material " and substituting " Waste material that contains a biological agent ".

Section 30.26 is amended

(

a) in subsections (1) and (2) by striking out " biohazardous materials " and substituting " a biological agent ",

(

b) in subsections (3) and (4) by striking out " micro-organisms " and substituting " human pathogens ",

(

c) by repealing subsection (5) and substituting the following:

(5) Work involving Risk Group 4 human pathogens must be done as required by the Laboratory Biosafety Guidelines 3rd edition, 2004 , issued by the Public Health Agency of Canada. , and

(

d) by adding the following subsection:

(6) In this section:

"Risk Group 2 human pathogens" mean the human pathogens that are classified by the Public Health Agency of Canada as Risk Group 2 human pathogens;

"Risk Group 3 human pathogens" mean the human pathogens that are classified by the Public Health Agency of Canada as Risk Group 3 human pathogens;

"Risk Group 4 human pathogens" mean the human pathogens that are classified by the Public Health Agency of Canada as Risk Group 4 human pathogens.

13 Sections 1 to 12 come into force on February 1, 2011.

Dated at Richmond, British Columbia, on October 13, 2010. By the Workers' Compensation Board — GEORGE MORFITT, FCA, Chair, Board of Directors.

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