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Volume 54, No. 23

230/2011

The British Columbia Gazette,

Part II

December 13, 2011

B.C. Reg. 230/2011 , deposited December 12, 2011, pursuant to the WORKERS COMPENSATION ACT [section 225 (1)]. Resolution of the Workers' Compensation Board, dated December 7, 2011.

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:

Part 4, General Conditions, relating to a third option to protect workers assigned to work alone in a late night retail premises;

AND

WHEREAS:

Pursuant to

section 228 of the Act, a review of

Part 4 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 4 of the OHSR;

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 in Appendix A come into force on April 15, 2012;

3. The regulatory amendments in Appendix A 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 B is approved;

Dated at Richmond, British Columbia, on December 7, 2011.

— By the Workers' Compensation Board, George Morfitt, FCA, Chair, Board of Directors .

Appendix A

THE BOARD OF DIRECTORS RESOLVES THAT:

Section 4.22.1 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended

(

a) in subsection (1) by adding the following definition:

"violence prevention program" means a program implemented under subsection (2) (b) (iii). ,

(

b) in subsection (2) by striking out " under sections 4.20.2 to 4.23, " and substituting " under sections 4.20.2 to 4.23 and 4.28 to 4.30, ",

(

c) in subsection (2) (

b) by striking out " either or both " and substituting " one or more " and by adding the following subparagraph:

(iii) implement a violence prevention program in accordance with subsections (2.1) to (2.3). , and

(

d) by repealing subsection (3) and substituting the following:

(2.1) A violence prevention program must include procedures, policies and work environment arrangements necessary to ensure that all of the following requirements are met:

(

a) there is a time lock safe on the premises that cannot be opened during late night hours;

(

b) cash and lottery tickets that are not reasonably required in order to operate during late night hours are stored in the time lock safe referred to in paragraph (a);

(

c) there is good visibility both into and out of the premises;

(

d) there is limited access to the inside of the premises;

(

e) the premises is monitored by video surveillance;

(

f) there are signs on the premises, visible to the public, indicating that

(

i) the safe on the premises is a time lock safe that cannot be opened during late night hours,

(ii) there is a limited amount of accessible cash and lottery tickets on the premises, and

(iii) the premises is monitored by video surveillance;

(

g) a worker described in subsection (2)

(

i) is at least 19 years of age, and

(ii) is provided with a personal emergency transmitter that is monitored by

(

A) the employer, or

(

B) a security company or other person designated by the employer.

(2.2) By the end of the first year of the implementation of a violence prevention program and by the end of every second year after that first year, the employer must receive a security audit report, in writing, from an independent qualified person confirming that the program meets all of the requirements under subsection (2.1).

(2.3) The written security audit report referred to in subsection (2.2) must be

(

a) retained by the employer, and

(

b) posted by the employer in the workplace

for a period beginning on or immediately after the date the report is received and ending no earlier than the date on which the next report is posted.

(3) The employer must train a worker described in subsection (2) in

(

a) the written procedure referred to in subsection (2) (a), and

(

b) if the employer implements a violence prevention program, the procedures, policies and work environment arrangements referred to in subsection (2.1).

(4) A worker described in subsection (2) must

(

a) follow the written procedure referred to in subsection (2) (a), and

(

b) if the employer implements a violence prevention program,

(

i) follow the procedures, policies and work environment arrangements referred to in subsection (2.1), and

(ii) wear, during late night hours, the personal emergency transmitter referred to in subsection (2.1) (g) (ii).

Section 4.23 is repealed and the following substituted:

Annual review of procedures

4.23 The procedures referred to in sections 4.21 and 4.22.1 (2) (

a) and, if a violence prevention program is implemented, the procedures, policies and work environment arrangements referred to in

section 4.22.1 (2.1), must be reviewed at least annually, or more frequently if there is

(

a) a change in work environment arrangements that could adversely affect

(

i) the effectiveness of the violence prevention program, or

(ii) a worker's well-being or safety, or

(

b) a report that the procedures, policies or work environment arrangements, as applicable, are not working effectively.

3 Sections 1 and 2 of this Appendix come into force April 15, 2012.

Dated at Richmond, British Columbia, December 7, 2011.

— By the Workers Compensation Board, George Morfitt, FCA, Chair, Board of Directors.

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