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Volume 60, No. 1

9/2017

The British Columbia Gazette,

Part II

January 31, 2017

B.C. Reg. 9/2017 , deposited January 30, 2017, under the WORKERS COMPENSATION ACT [section 225 (1)]. Resolution of the Workers’ Compensation Board, dated January 25, 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 the following Parts of the Occupational Health and Safety Regulation , 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 :

•

Definitions,

section 1.1 — Consequential amendments to the

definitions for combustible and flammable liquids

• General Conditions,

section 4.56 — Work area guards and handrails

• General Conditions, sections 4.81 and 4.82 — Environmental tobacco smoke and e-cigarettes

• Chemical Agents and Biological Agents,

section 5.71 (2) — Combustible or flammable air contaminants

• Substance Specific Requirements,

section 6.4 — Asbestos inventory

• Substance Specific Requirements, sections 6.58.1 to 6.69 — Lead

• Substance Specific Requirements, sections 6.110 to 6.112.7 — Respirable crystalline silica and rock dust

• Tools, Machinery and Equipment,

section 12.83.1 — New section, chassis dynamometer

• Cranes and Hoists, sections 13.11, 14.1, and 14.2 — Construction material hoists

• Cranes and Hoists, sections 14.5 and 14.11 — Rated capacity indication and support structure

• Cranes and Hoists,

section 14.81 — Limit devices

• Construction, Excavation and Demolition,

section 20.2 — Notice of project

• Underground Workings,

section 22.12(1) and (2) — Underground supervisors

• Forestry Operations and Similar Activities,

section 26.13.4 — New section, saw chain shot

AND

WHEREAS:

Pursuant to

section 228 of the Act , a review of the above Parts 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 Parts 1, 4, 5, 6, 12, 13, 14, 20, 22, 26 and 28 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 May 1, 2017, the Occupational Health and Safety Regulation , B.C. Reg. 296/97, is amended as set out in the attached Appendices A to N.

Dated at Richmond, British Columbia, on January 25, 2017.

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

Appendix A

Section 1.1 (1) of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended by repealing the

definitions of “combustible liquid” and “flammable liquid” and substituting the following:

“combustible liquid” means a liquid that has a flash point at or above 37.8 degrees Celsius (100 degrees Fahrenheit) and below 93.3 degrees Celsius (200 degrees Fahrenheit);

“flammable liquid” means a liquid that has a flash point below 37.8 degrees Celsius (100 degrees Fahrenheit); .

Appendix B

Section 4.56 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended by striking out “ or ” at the end of paragraph (a), by adding “ or ” at the end of paragraph (b) (ii) and by adding the following paragraph:

(

c) to a movable work platform or scaffold, as those terms are defined in

section 13.1, if the movable work platform or scaffold meets the requirements set out in

section 13.2 (1) (

a) and (

b) and (2) that apply in respect of guardrails on the movable work platform or scaffold.

Appendix C

1 The heading before

section 4.81 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is repealed and the following substituted:

Environmental Tobacco Smoke and E-Cigarette Vapour .

2 The following

section is added immediately before

section 4.81:

Definitions

4.80.1 In sections 4.81 and 4.82, “activated e-cigarette”, “e-cigarette” and “tobacco” have the same meaning as in the Tobacco and Vapour Products Control Act .

3 Sections 4.81 and 4.82 are repealed and the following substituted:

Controlling exposure

4.81 Subject to

section 2.41 of the Tobacco and Vapour Products Control Act and

section 4.23 (2) (

c) of the Tobacco and Vapour Products Control Regulation, an employer must control the exposure of workers to environmental tobacco smoke and e-cigarette vapour at a workplace by doing all of the following:

(

a) prohibiting the following activities in the workplace:

(

i) smoking tobacco;

(ii) holding lighted tobacco;

(iii) using an e-cigarette;

(iv) holding an activated e-cigarette;

(

b) subject to

section 4.22 (3) of the Tobacco and Vapour Products Control Regulation, restricting the activities referred to in paragraph (

a) of this

section to a safe outdoor location that is a minimum of 6 m from a doorway, window or air intake of an indoor workplace;

(

c) except as permitted under

section 4.82 of this regulation, prohibiting working in an indoor area where the activities referred to in paragraph (

a) of this

section are allowed under

section 4.23 (2) (

a) or (

b) of the Tobacco and Vapour Products Control Regulation.

Exceptions

4.82

(1) An employer must ensure that a worker does not work in an indoor area where the activities referred to in

section 4.81 (

a) are permitted under

section 4.23 (2) (

a) or (

b) of the Tobacco and Vapour Products Control Regulation 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 or e-cigarette vapour has been effectively removed.

(2) If necessary to prevent tobacco smoke or e-cigarette vapour from entering a workplace, a room where the activities referred to in

section 4.81 (

a) are permitted under

section 4.23 (2) (

a) of the Tobacco and Vapour Products Control Regulation 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 areas in which smoking tobacco or using activated e-cigarettes is prohibited to areas in which smoking tobacco or using activated e-cigarettes is permitted,

(

c) discharges directly to the outdoors, and

(

d) meets all other requirements, specified in the American Society of Heating, Refrigerating and Air-conditioning Engineers Standard 62-1989, Ventilation for Acceptable Indoor Air Quality , for a lounge in which smoking tobacco or using activated e-cigarettes is permitted.

Section 28.9 is amended by striking out “ Sections 4.81 to 4.83 (Environmental tobacco smoke) ” and substituting “ Sections 4.81 and 4.82 (Environmental tobacco smoke and e-cigarette vapour) ”.

Appendix D

Section 1.1 (1) of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended by adding the following definition:

“B.C. Electrical Code” has the same meaning as in the Electrical Safety Regulation; .

Section 5.27 is amended

(

a) by repealing subsection (0.1), and

(

b) in subsection (2) by striking out “ approved in ” and substituting “ permitted under ”.

Section 5.71 (2) is repealed and the following substituted:

(2) If electrical equipment used in an exhaust ventilation system required by subsection (1) contacts the air stream, the employer must ensure that the electrical equipment is permitted under the B.C. Electrical Code

(

a) for use in that location, and

(

b) for the specific air contaminants that are or may be present.

Appendix E

Section 6.4 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended

(

a) in subsection (1) by striking out “ The employer ” and substituting “ The employer and the owner ”,

(

b) in subsection (1) by striking out “ and ” at the end of paragraph (a), by adding “ , and ” at the end of paragraph (b) (ii) and by adding the following paragraph:

(

c) prepares an inventory of all asbestos-containing materials in the workplace that includes the following information:

(

i) with respect to each representative sample collected under paragraph (a),

(

A) the specific location of the sample,

(

B) a description of the sample,

(

C) whether the sample is asbestos-containing material as determined under paragraph (b),

(

D) the method, set out in paragraph (a) (

i) to (iii) or (

b) of the definition of “asbestos-containing material” in

section 6.1, used to determine if the sample is asbestos-containing material, and

(

E) if the sample is determined to be asbestos-containing material, the type of asbestos, as determined under paragraph (b), and the percentage of the sample that is comprised of that asbestos;

(ii) with respect to each material that, under subsection (2), is treated under this Part as asbestos-containing material because it is inaccessible or not practicable to sample,

(

A) the specific location of the material or, if the specific location is not known, the presumed location of the material,

(

B) a description of the material, and

(

C) how it is determined that the material is inaccessible or not practicable to sample;

(iii) the location of each of the asbestos-containing materials, including by using drawings, plans or specifications. , and

(

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

(2) If a qualified person suspects that a material in the workplace contains asbestos but determines that the material is inaccessible or not practicable to sample, the material must be treated under this Part as asbestos-containing material unless a qualified person, in accordance with subsection (1), determines that the material is not asbestos-containing material.

(3) The employer or the owner satisfies his or her obligations under subsection (1) if the employer or the owner ensures that an existing inventory of all asbestos-containing materials in the workplace meets the requirements of subsection (1).

(4) The employer and the owner must

(

a) keep the inventory current, and

(

b) make a record of any changes made to the inventory.

(5) The employer and the owner must provide each other with a copy of the inventory and record referred to in subsection (4) if the other does not already have a copy.

(6) The employer must ensure that a copy of the current version of the inventory is readily available at the workplace.

(7) The employer and the owner must retain

(

a) the current version of the inventory until all the asbestos-containing materials are removed from the workplace, and

(

b) the record referred to in subsection (4) (b).

Section 6.5 is amended by striking out “ The employer ” and substituting “ The employer and the owner ” and by striking out “ labels or when ” and substituting “ labels or, when ”.

Section 6.6 (1) is amended by striking out “

section 6.4 (3), ” and substituting “

section 6.4 (1) (

c) or (3), as applicable, ”.

Section 6.32 is repealed and the following substituted:

Retention of records

6.32 The employer must maintain, for at least 10 years, the following records respecting asbestos-containing materials:

(

a) risk assessments;

(

b) inspections;

(

c) air monitoring results;

(

d) instruction and training of workers;

(

e) incident investigation reports.

Appendix F

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

section after the heading “ Lead ”:

Definitions

6.58.1 In this

section and in sections 6.59 to 6.69:

“coating” means paint or any similar material that

(

a) contains lead, and

(

b) forms a film when dry;

“exposure limit” means the applicable exposure limit as referred to in

section 5.48;

“exposure monitoring” means

(

a) air and surface monitoring conducted in accordance with

section 5.53 (4), and

(

b) air monitoring conducted in accordance with

section 6.61;

“health monitoring” means that part of a health protection program that monitors and assesses individual workers through clinical medical examinations, by measuring and determining lead amounts in capillary or venous blood, and by other tests, for the purpose of identifying changes in the worker’s health status due to occupational exposure to lead;

“inorganic lead” means elemental lead, inorganic compounds of lead and lead chromate, but does not include organic compounds of lead;

“lead process” means the following work activities and processes, as well as any other work activity or process, involving the manufacturing, processing or handling of lead, or of materials, products or coatings containing lead that may expose a worker to lead dust, fumes or mist:

(

a) abrasive blasting;

(

b) applying electric arc, oxy-acetylene, oxy gas, plasma arc or a flame for the purpose of welding, cutting or cleaning the surface of any structure;

(

c) demolishing, removing or encapsulating materials;

(

d) dry sanding or scraping, grinding, cutting or buffing;

(

e) using lead in fire assay;

(

f) cleaning up contamination;

(

g) hot cutting in demolition, dismantling or salvage operations;

(

h) manufacturing, assembling, handling or repairing lead-acid storage batteries, and sorting, packing and handling plates or other lead-containing parts that are removed or recovered from lead-acid storage batteries;

(

i) manufacturing, assembling, handling, testing or firing of lead-containing weapons, detonators or other explosives;

(

j) mixing and blending lead in plastics, coatings, moulding powders and stabilizers;

(

k) mixing and melting processes in the glass industry;

(

l) constructing, installing, altering, repairing or renovating structures, substrates, mechanical or engineered systems, or parts of any of these;

(

m) smelting, refining, alloying, melting and casting;

(

n) spray painting;

(

o) repairing radiators;

(

p) recycling or scrap-processing;

(

q) transporting, disposing, storing or containing lead or materials containing lead;

(

r) using a power tool, high pressure water jets or other mechanical means to cut, sand, buff or remove a surface coating;

“medical removal” means the temporary removal of a worker from a work activity involving a lead process if health monitoring, conducted under the supervision of a physician, indicates that the worker is at risk of suffering adverse health effects from continued exposure to lead;

“risk assessment” means a risk assessment conducted under

section 6.59.1.

Section 6.59 is repealed and the following substituted:

Application

6.59 Sections 6.59.1 to 6.69 apply to a workplace where a worker is or may be

(

a) engaged in a lead process, or

(

b) exposed to potentially harmful levels of inorganic lead dust, fumes or mist.

3 The following

section is added:

Risk assessment

6.59.1

(1) In this section, “existing monitoring data” means data

(

a) gathered under

section 5.53 or 6.61, or

(

b) as described in

section 6.61.1 (2) (b).

(2) An employer must not permit workers to engage in a work activity or lead process that may expose workers to lead dust, fumes or mist unless a risk assessment has first been completed by a qualified person.

(3) The risk assessment must include consideration of all of the following:

(

a) the hazards of lead, including the exposure limit;

(

b) any information contained on a label or in a safety data sheet provided by a supplier, manufacturer or employer in respect of

(

i) the lead content in the materials, coatings or products to be used in the lead process, and

(ii) the health effects of lead exposure;

(

c) the scope, circumstances and nature of the work activity or lead process, including

(

i) whether

section 5.50 applies, given the length of a shift,

(ii) any changes between shifts in the scope, circumstances or nature of the work activity or lead process,

(iii) whether the work activity involves welding, soldering, brazing, cutting or other hot work processes,

(iv) the potential routes of exposure to lead dust, fumes or mist during the work activity or while engaging in the lead process, including by inhalation or ingestion,

(

v) the potential level and duration of the exposure referred to in subparagraph (iv), and

(vi) the results of any relevant health monitoring, if applicable, conducted

(

A) in relation to an exposure control plan under

section 5.54 (2) (f), or

(

B) as part of a health protection program under

section 6.67;

(

d) the effectiveness of existing and planned control measures, as determined through exposure monitoring, to prevent or minimize worker exposure to lead dust, fumes or mist, including with respect to access to the workplace by unprotected workers;

(

e) any additional information the employer needs to complete the risk assessment.

(4) A qualified person may rely on existing monitoring data for the purpose of assessing control measures under subsection (3) (

d) only if it is reasonable to do so based on both of the following:

(

a) the relevance of the existing monitoring data and whether additional exposure monitoring may be needed to reassess the effectiveness of existing and planned control measures because of changes in personnel or to the scope, circumstances or nature of the work activity or lead process;

(

b) if applicable and available, the results of any health monitoring conducted on workers since the existing monitoring data was gathered.

(5) An employer must ensure that a risk assessment is reviewed by a qualified person if any of the following occur:

(

a) there is reason to believe the risk assessment is no longer valid;

(

b) there has been a significant change in the scope, circumstances or nature of the work activity or lead process to which the risk assessment relates;

(

c) the results of any exposure monitoring or health monitoring show it to be necessary.

(6) If changes to the risk assessment are necessary as a result of the review under subsection (5), the employer must ensure that the risk assessment is changed accordingly.

Section 6.60 is repealed and the following substituted:

Exposure control plan

6.60

(1) If a risk assessment indicates that a worker is or may be exposed to lead dust, fumes or mist, the employer must

(

a) ensure that a qualified person develops an exposure control plan meeting the requirements of sections 5.54 and 5.57 (2), and of subsection (3) of this section, and

(

b) implement the exposure control plan.

(2) If a risk assessment is changed under

section 6.59.1 (6), the employer must ensure that

(

a) the exposure control plan is amended to address the changes to the risk assessment, and

(

b) the amendments to the exposure control plan are implemented.

(3) For the purposes of

section 5.54 (2) (d), the written work procedures within an exposure control plan must address at least the following:

(

a) the containment of lead processes through the use of enclosures, barriers or encapsulation, if used as a control measure;

(

b) the effective control of worker exposure to lead dust, fumes or mist, including worker decontamination and personal hygiene;

(

c) safe work practices and procedures;

(

d) the correct selection, use, care and maintenance of any required personal protective equipment and clothing;

(

e) emergency procedures;

(

f) the removal, cleanup and disposal of lead dust and debris, including the measures that will be used for the purposes of meeting the requirements of

section 6.64.

5 The following

section is added:

Elimination or control of exposure

6.60.1

(1) An employer must, to the extent it is practicable,

(

a) avoid the use of materials, products or coatings containing lead that may expose a worker to lead dust, fumes or mist, and

(

b) replace materials, products and coatings referred to in paragraph (

a) with substances or processes that, under normal conditions of use, eliminate the risk of worker exposure to lead dust, fumes or mist.

(2) If it is not practicable to eliminate the risk of worker exposure to lead dust, fumes or mist, the employer must control the risk below the applicable exposure limit under

section 5.48 by applying control measures that

(

a) are appropriate to the work activity,

(

b) are consistent with the risk assessment and with sections 5.55 and 5.57, and

(

c) include, in order of priority,

(

i) the design and use of engineering controls, including appropriate lead dust, fumes or mist reduction systems, containment of lead processes, and the provision and use of suitable work equipment and materials,

(ii) the control of exposure to lead dust, fumes or mist through administrative controls, including work practice controls, and

(iii) if the control measures set out in paragraphs (

i) and (ii) are not adequate to control exposure, the provision and use of suitable personal protective equipment in addition to those control measures.

Section 6.61 is repealed and the following substituted:

Air monitoring for lead

6.61

(1) If there is a potential for hazardous exposure to airborne lead dust, fumes or mist in a work activity or lead process , the employer must

(

a) ensure that air monitoring is conducted using a sampling and analytical method referred to in subsection (2)

(

i) during the first shift of the work activity or lead process , and

(ii) as necessary throughout the work activity or lead process to ensure that control measures are effective to prevent or minimize worker exposure to lead dust, fumes or mist, and

(

b) keep, for at least 10 years, records of the results of air monitoring conducted under this section.

(2) Acceptable sampling and analytical methods for the purpose of subsection (1) are as follows:

(

a) a method detailed in a standard occupational hygiene reference published by

(

i) the National Institute for Occupational Safety and Health, or

(ii) the Occupational Safety and Health Administration;

(

b) another method acceptable to the Board.

7 The following

section is added:

Exceptions to air monitoring requirement

6.61.1

(1) In this section, “equivalent work operations” means work operations closely matching the lead processes, types of materials, products or coatings, work practices, control measures and environmental conditions prevailing in the employer’s current work operations.

(2) Despite

section 6.61, an employer is not required to monitor the concentration of airborne lead if a qualified person determines that

(

a) existing control measures are effective in keeping worker exposure as low as reasonably achievable below the exposure limit, and

(

b) the employer

(

i) has previously monitored for airborne concentrations of lead during equivalent work operations and there is no reason to believe that the results of the previous monitoring would not continue to apply, or

(ii) has objective air monitoring data that was collected during equivalent work operations through industry surveys or peer-reviewed or scientific studies that use sampling and analytical methods referred to in

section 6.61 (2).

(3) An employer must keep, for at least 10 years, a record documenting the following, as applicable:

(

a) the previous monitoring data used for the purpose of subsection (2) (b) (i);

(

b) the source of the objective air monitoring data, and the data itself, referred to in subsection (2) (b) (ii).

Section 6.62 is repealed and the following substituted:

Warning signs

6.62 Warning signs describing the hazards and health consequences of lead exposure and prohibiting the entry of unauthorized workers must be posted at the boundary of any work area where hazardous lead exposures could occur.

Section 6.63 is amended

(

a) by striking out “ finely divided lead ” and substituting “ lead dust, fumes or mist ”, and

(

b) by striking out “

Part 5 [Chemical Agents and Biological Agents] ” and substituting “ sections 5.82 to 5.84 ”.

10 Sections 6.64 to 6.66 are repealed and the following substituted:

Housekeeping

6.64 An employer must ensure

(

a) that all surfaces in the work area are kept as free as practicable from accumulations of lead dust, and

(

b) that, if vacuuming methods are selected as a control measure, vacuums must be

(

i) designed, maintained, tested and used in accordance with

(

A) the manufacturer’s specifications, or

(

B) the instructions of a professional engineer, and

(ii) equipped with an effective HEPA filter on the exhaust.

Prohibited cleaning methods

6.65 A person must not use blowers, compressed air, compressed gas or dry sweeping cleaning methods in areas where lead processes are conducted.

Instruction and training

6.66 An employer must ensure that a worker who is or may be exposed to lead dust, fumes or mist receives adequate instruction and training in all of the following:

(

a) the hazards and health effects of exposure to lead dust, fumes and mist;

(

b) the specific nature of the work activity or lead process and the potential routes of lead exposure that may result;

(

c) safe work practices and procedures;

(

d) the correct operation and use of any required equipment and engineering controls;

(

e) the purpose and limitations of personal protective equipment, and the correct selection, fitting, use, care and maintenance of that equipment;

(

f) personal hygiene and decontamination procedures;

(

g) the purpose and significance of health monitoring;

(

h) housekeeping practices as described in

section 6.64.

Appendix G

1 The heading before

section 6.110 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is repealed and the following substituted:

Respirable Crystalline Silica and Rock Dust .

2 Sections 6.110 to 6.112 are repealed and the following substituted:

Definitions

6.110

(1) In this

section and sections 6.111 to 6.112.7:

“abrasive blasting” means the cleaning, smoothing, roughening or removing of a surface or part of a surface by the use of an abrasive that is

(

a) comprised of a jet of sand, metal shot, grit, or another material, and

(

b) propelled by compressed air or steam, or by a wheel;

“blasting enclosure” means a chamber, barrel, cabinet or a purpose-built structure in which abrasive blasting occurs;

“cleaning of castings” means, in connection with making metal castings,

(

a) the freeing of metal castings from adherent sand or another substance containing silica, other than the freeing of metal castings from scale formed during annealing or heat treatment,

(

b) the removal of cores from metal castings, and

(

c) the smoothing of metal castings where freeing is done;

“control measures” include the measures set out in

section 6.112.2;

“dust reduction system” means the following, alone or in combination:

(

a) the use of a process or material that prevents the creation of RCS dust;

(

b) the use of an enclosure, including a blasting enclosure, to

(

i) contain RCS dust, or

(ii) physically separate a worker from a source of RCS dust;

(

c) the use of local exhaust ventilation, being a system of ventilation designed to capture and remove process emissions or RCS dust before the emissions or dust escapes into the workplace environment;

(

d) the use of wet systems, being

(

i) the use of water or another liquid to increase moisture content in material to prevent RCS dust from becoming airborne, or

(ii) the addition of moisture to the air to capture RCS dust particles that are already airborne;

“exposure limit” means the applicable exposure limit as referred to in

section 5.48;

“exposure monitoring” means air monitoring conducted in accordance with

section 5.53 (4) or 6.112.3;

“RCS dust” means any of the following that can be deposited in the lower gas exchange regions of the lung when inhaled:

(

a) respirable crystalline silica;

(

b) respirable α -quartz;

(

c) respirable cristobalite;

“risk assessment” means a written risk assessment conducted in accordance with

section 6.112;

“sandblasting” means an abrasive blasting process that uses silica sand as an abrasive;

“silica flour” means the fine powder produced by the crushing, grinding or ball milling of a siliceous substance;

“silica process” means the following processes, as well as any other process that may result in the release of RCS dust in concentrations likely to exceed the exposure limit:

(

a) sandblasting;

(

b) cleaning of castings;

(

c) abrasive blasting, grinding, sanding or dressing of any surface that contains crystalline silica;

(

d) blasting, cutting, crushing, drilling, grinding, milling, scaling, splitting or sieving, or other mechanical pulverizing or shattering, of rock, siliceous stone or gravel;

(

e) concrete or asphalt milling, shotcreting, pneumatic drilling, tunnelling or other large-scale mechanical processes that may generate RCS dust;

(

f) using heavy equipment or pneumatics to transfer sand, earth, aggregate or other material that contains silica, and associated transport, recycling and disposal operations;

(

g) a process in which silica flour is used, including using it as an additive in product manufacturing;

(

h) manufacturing, dismantling, demolishing or repairing of concrete, masonry or other material that contains silica;

(

i) using power tools or equipment to abrade, cut, grind, core or drill concrete, masonry or other material that contains silica;

“siliceous” means any group of sedimentary rocks that consist largely or almost entirely of silicon dioxide (SiO 2 ), including diatomite.

(2) In this section, a reference to concrete, masonry or other material refers to a hard stone-like building material made

(

a) of clay, or

(

b) by mixing, with water or another liquid,

(

i) cement, or

(ii) a combination of cement, sand, gravel, broken stone or another aggregate.

Application

6.111 Sections 6.112 to 6.112.7 apply to a workplace where a worker is or may be

(

a) engaged in a silica process, or

(

b) exposed to potentially harmful levels of RCS dust.

Risk assessment

6.112

(1) In this section, “existing monitoring data” means data

(

a) gathered under

section 5.53 or 6.112.3, or

(

b) as described in

section 6.112.4 (2) (b).

(2) An employer must not permit workers to engage in a work activity or a silica process that may expose workers to RCS dust unless a risk assessment has first been completed by a qualified person.

(3) The risk assessment must include consideration of all of the following:

(

a) the hazards of RCS dust, including the exposure limit;

(

b) any information contained on a label or in a safety data sheet provided by a supplier, manufacturer or employer in respect of

(

i) the crystalline silica content in the materials to be used in the silica process, and

(ii) the health effects of RCS dust exposure;

(

c) the scope, circumstances and nature of the work activity or silica process, including

(

i) whether

section 5.50 applies, given the length of a shift,

(ii) any changes between shifts in the scope, circumstances or nature of the work activity or silica process, and

(iii) the potential level and duration of exposure to RCS dust during the work activity or while engaging in the silica process;

(

d) the effectiveness of existing and planned control measures, as determined through exposure monitoring, to prevent or minimize worker exposure to RCS dust, including with respect to access to the workplace by unprotected workers;

(

e) any additional information the employer needs to complete the risk assessment.

(4) A qualified person may rely on existing monitoring data for the purpose of assessing control measures under subsection (3) (

d) only if it is reasonable to do so based on

(

a) the relevance of the existing monitoring data, and

(

b) whether additional air monitoring may be needed to reassess the effectiveness of existing and planned control measures because of changes in personnel or to the scope, circumstances or nature of the work activity or silica process.

(5) An employer must ensure that the risk assessment is reviewed by a qualified person if any of the following occur:

(

a) there is reason to believe the risk assessment is no longer valid;

(

b) there has been a significant change in the scope, nature or circumstances of the work activity or silica process to which the risk assessment relates;

(

c) the results of any exposure monitoring show it to be necessary.

(6) If changes to the risk assessment are necessary as a result of the review under subsection (5), the employer must ensure that the risk assessment is changed accordingly.

Exposure control plan

6.112.1

(1) If a risk assessment indicates that a worker is or may be exposed to RCS dust, the employer must

(

a) ensure that a qualified person develops an exposure control plan meeting the requirements of sections 5.54 and 5.57 (2), and of subsection (3) of this section, and

(

b) implement the exposure control plan.

(2) If a risk assessment is changed under

section 6.112 (6), the employer must ensure that

(

a) the exposure control plan is amended to address the changes to the risk assessment, and

(

b) the amendments to the exposure control plan are implemented.

(3) For the purposes of

section 5.54 (2) (d), the written work procedures within an exposure control plan must address at least the following:

(

a) the containment of silica processes, if used as a control measure;

(

b) the effective control of worker exposure to RCS dust using dust reduction systems;

(

c) safe work practices and procedures;

(

d) the correct selection, use, care and maintenance of any required personal protective equipment and clothing;

(

e) emergency procedures;

(

f) the removal, cleanup and disposal of RCS dust and debris, including the measures that will be used for the purposes of meeting the requirements of

section 6.112.6.

Elimination or control of exposure

6.112.2

(1) An employer must, to the extent practicable, avoid the use of products or materials containing crystalline silica by replacing them with substances or processes that, under normal conditions of use, eliminate the risk of worker exposure to RCS dust.

(2) If it is not practicable to eliminate the risk of worker exposure to RCS dust, the employer must control the risk below the applicable exposure limit under

section 5.48 by applying control measures that

(

a) are appropriate to the work activity,

(

b) are consistent with the risk assessment and with sections 5.55 and 5.57, and

(

c) include, in order of priority,

(

i) the design and use of engineering controls, including appropriate dust reduction systems, containment of silica processes, and the provision and use of suitable work equipment and materials,

(ii) the control of RCS dust exposure through administrative controls, including work practice controls, and

(iii) if the control measures set out in paragraphs (

i) and (ii) are not adequate to control exposure, the provision and use of suitable personal protective equipment in addition to those control measures.

Air monitoring for RCS dust

6.112.3

(1) If there is a potential for hazardous exposure to RCS dust in a work activity or silica process , the employer must

(

a) ensure that air monitoring is conducted using a sampling and analytical method referred to in subsection (2)

(

i) during the first shift of the work activity or silica process , and

(ii) as necessary throughout the work activity or silica process to ensure that control measures are effective to prevent or minimize worker exposure to RCS dust, and

(

b) keep, for at least 10 years, records of the results of air monitoring conducted under this section.

(2) Acceptable sampling and analytical methods for the purpose of subsection (1) are as follows:

(

a) a method detailed in a standard occupational hygiene reference published by

(

i) the National Institute for Occupational Safety and Health, or

(ii) the Occupational Safety and Health Administration;

(

b) another method acceptable to the Board.

Exceptions to monitoring requirement

6.112.4

(1) In this section, “equivalent work operations” means work operations closely matching the silica processes, types of materials, work practices, control measures and environmental conditions prevailing in the employer’s current work operations.

(2) Despite

section 6.112.3, an employer is not required to monitor the exposure of workers to RCS dust if a qualified person determines that

(

a) existing control measures are effective in keeping worker exposure as low as reasonably achievable below the exposure limit, and

(

b) the employer

(

i) has previously monitored for RCS dust exposure during equivalent work operations and there is no reason to believe that the results of the previous monitoring would not continue to apply, or

(ii) has objective air monitoring data that was collected during equivalent work operations through industry surveys or peer-reviewed or scientific studies that use sampling and analytical methods referred to in

section 6.112.3 (2).

(3) An employer must keep, for at least 10 years, a record documenting the following, as applicable:

(

a) the previous monitoring data used for the purpose of subsection (2) (b) (i);

(

b) the source of the objective air monitoring data, and the data itself, referred to in subsection (2) (b) (ii).

Blasting enclosures

6.112.5 An employer must ensure that a blasting enclosure is used for the following activities only:

(

a) abrasive blasting;

(

b) maintenance of the blasting enclosure and all associated equipment, including ventilation and blasting equipment.

Housekeeping

6.112.6

(1) In addition to the requirements of

section 5.82 (2), an employer must ensure that all of the following requirements are met:

(

a) all workplaces and work-related areas and equipment where RCS dust may accumulate must be cleaned at the end of every shift, if practicable, using one or a combination of

(

i) a vacuum or similar device,

(ii) wet cleanup methods, or

(iii) another method that is effective and in accordance with the safe work practices contained in the exposure control plan;

(

b) if a vacuum or similar device is used, the vacuum or device must be

(

i) designed, maintained, tested and used in accordance with

(

A) the manufacturer’s specifications, or

(

B) the instructions of a professional engineer, and

(ii) equipped with an effective HEPA filter on the exhaust;

(

c) if wet cleanup methods are used, any slurry generated by those methods must be removed when the work is completed in such as manner as to avoid a secondary RCS dust exposure hazard;

(

d) waste material must be placed in sealable containers and promptly disposed of to prevent RCS dust from re-entering the workplace.

(2) An employer must not permit the use of blowers, compressed air, dry sweeping or dry mopping to clean up or remove RCS dust.

Instruction and training

6.112.7 An employer must ensure that a worker who is or may be exposed to RCS dust receives adequate instruction and training in all of the following:

(

a) the hazards and health effects of inhaling RCS dust;

(

b) safe work practices and procedures;

(

c) the correct operation and use of any required equipment and engineering controls;

(

d) the purpose and limitations of personal protective equipment, and the correct selection, fitting, use, care and maintenance of that equipment;

(

e) housekeeping practices as described in

section 6.112.6.

Section 6.114 is amended

(

a) by striking out “ Rock crushing plants ” and substituting “ Crushing plants ”, and

(

b) in paragraph (

a) by striking out “ rock crushers, ” and substituting “ crushers, ”.

4 The following

section is added before the heading that appears before

section 6.116:

Application of RCS dust provisions

6.115.1 For greater certainty, in respect of a workplace described in

section 6.111, the requirements set out in sections 6.113 to 6.115 are in addition to the requirements set out in sections 6.112 to 6.112.7.

Appendix H

Part 12 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended by adding the following section:

Chassis dynamometers – motor vehicle testing

12.83.1

(1) In this section:

“guard screen” means a screen manufactured from shock-absorbing material and designed to prevent any material striking the screen from ricocheting;

“motor vehicle” means a wheeled vehicle that is propelled by motorized or electric power, but does not include a vehicle that is designed to be used on rails or tracks.

(2) Only a qualified worker may

(

a) test a motor vehicle on a chassis dynamometer, or

(

b) operate a motor vehicle, chassis dynamometer or other test equipment for the purpose of testing a motor vehicle on a chassis dynamometer.

(3) Before a motor vehicle is tested on a chassis dynamometer, the wheels and tires of the motor vehicle must be inspected by a qualified worker.

(4) A motor vehicle must not be tested on a chassis dynamometer if any of the following apply:

(

a) the tires on the motor vehicle contain rocks, stones or other foreign material embedded in the tire treads;

(

b) the tires on the motor vehicle are studded;

(

c) the wheels or tires on the motor vehicle are incapable of operating safely at the speeds to be reached during testing;

(

d) the wheels or tires on the motor vehicle bounce during testing in a manner that is likely to cause the motor vehicle to move laterally off the rolls;

(

e) the motor vehicle is likely, without continuous corrective steering, to move laterally off the rolls during testing.

(5) The following safety measures must be taken when testing a motor vehicle on a chassis dynamometer:

(

a) the chassis dynamometer must be equipped with front-mounted idler safety rolls unless the motor vehicle is chained or otherwise secured to anchor points to prevent runaways;

(

b) wheel chocks must be used to block the non-driving wheels to prevent runaways;

(

c) in the case of a motor vehicle with front-wheel drive, the motor vehicle must be prevented from moving laterally during testing;

(

d) guard screens of a size that is appropriate for the motor vehicle must be positioned behind the rear of the motor vehicle to block any materials that may be ejected from or by the wheels or tires;

(

e) the exposed portions of the moving rolls of the chassis dynamometer must be fitted with adequate guards while the rolls are in motion during testing;

(

f) exhaust gases from the motor vehicle must be removed from the work area.

Appendix I

Section 13.11 (1) of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is repealed and the following substituted:

(1) The following must be constructed, installed and used in accordance with the instructions of a professional engineer:

(

a) bracing for a scaffold, if the scaffold is enclosed by a tarpaulin or any other cover;

(

b) a scaffold exceeding 38 m (125 ft) in height;

(

c) a scaffold exceeding 25 m (80 ft) in height, if stairways are included as part of the scaffold;

(

d) a scaffold used to support a temporary floor;

(

e) a scaffold used to support a crane or hoist, other than a scaffold used to support a manually powered crane or manually powered hoist;

(

f) a scaffold suspended or cantilevered from a structure;

(

g) a scaffold system supported by a catenary line;

(

h) a needle beam scaffold;

(

i) an outrigger scaffold.

Section 14.1 is amended by repealing the

definitions of “miscellaneous material hoist” and “safe working load” .

Section 14.2 (8) is amended by striking out “ A construction material hoist ” and substituting “ A construction material hoist, other than a light duty portable material hoist, ”.

Appendix J

Section 14.5 (1) and (2) of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is repealed and the following substituted:

(1) The rated capacity of a crane or hoist, other than a crane or hoist to which subsection (2) or (3) applies, must be permanently indicated on each of the following:

(

a) the superstructure;

(

b) the hoist;

(

c) the load block.

(2) The rated capacity of a monorail crane must be permanently indicated on each of the following:

(

a) the hoist;

(

b) the load block;

(

c) the monorail beam, at intervals not exceeding 10 m (33 ft.).

Section 14.11 is amended

(

a) in subsection (1) by striking out “ hoist ” in both places and substituting “ crane or hoist ”,

(

b) in subsection (1) by striking out “ the capacity ” and substituting “ the rated capacity ”, and

(

c) in subsection (2) by striking out “ multiple hoists ” and substituting “ multiple cranes or hoists ”.

Appendix K

Section 14.81 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended

(

a) by adding the following subsection:

(0.1) In this section:

“limit device” means a device on a tower crane that is designed to control the loads or motions of the crane, and includes the switches and devices described in subsections (1) and (5);

“warning device” means a device, such as a visual signal, audio signal or gauge, attached to a limit device that indicates when the limit device malfunctions. , and

(

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

(2) Subject to subsection (4), limit devices on a tower crane must be tested before the crane is first used on each work shift

(

a) in accordance with the manufacturer’s testing procedures, or

(

b) if the manufacturer’s testing procedures are not available, in accordance with testing procedures approved by a professional engineer.

(3) Any malfunction of a limit device, warning device or safety device on a tower crane that is discovered after testing or at any other time must be remedied before the crane is used.

Appendix L

Section 20.2 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is repealed and the following substituted:

Notice of project

20.2

(1) Subject to subsection (4), either the owner or the person engaged by the owner to be the prime contractor on a construction project must ensure that the Board receives, in writing, a notice of project that contains the information required by subsection (2) at least 24 hours before work on the construction project begins at the worksite if any of the following apply:

(

a) the estimated total cost of labour and materials for the construction project exceeds $100 000;

(

b) all or part of the construction project, whether a temporary or a permanent aspect of the project, is designed by a professional engineer except for pre-engineered or pre-manufactured building and structural components;

(

c) the construction project is a new erection, a major alteration, a structural repair or a demolition of

(

i) a building more than 2 storeys or 6 m (20 ft) high,

(ii) a bridge,

(iii) an earth or water retaining structure more than 3 m (10 ft) high, or

(iv) a silo, chimney or other similar structure more than 6 m (20 ft) high;

(

d) workers will be working in a cofferdam or in a compressed air environment other than an underground working as defined in

section 22.1;

(

e) a worker may be required to enter

(

i) a trench over 30 m (100 ft) long, or

(ii) an excavation, other than a trench, over 1.2 m (4 ft) deep.

(2) The notice of project must contain the following information:

(

a) the name and contact information of the owner and of the person engaged by the owner to be the prime contractor, if any;

(

b) the address of the construction project or its location in relation to the nearest highway;

(

c) the scope of the construction project, including a list of the items referred to in subsection (1) that apply to the construction project;

(

d) the starting date and the estimated duration of the construction project;

(

e) the estimated total cost of labour and materials for the construction project;

(

f) if the construction project involves construction of a cofferdam, confirmation by the owner or the person engaged by the owner to be the prime contractor that drawings for all temporary or permanent ground support will be available at the worksite for the duration of the construction project, if ground support is used.

(3) Subject to subsection (4), if a notice of project is required under subsection (1), the owner or the person engaged by the owner to be the prime contractor must ensure that a copy of the notice of project is posted at the worksite before work on the construction project begins at the worksite and is kept posted for the duration of the construction project.

(4) If it is necessary to do immediate work on a construction project to which subsection (1) applies in order to prevent the risk of injury to workers or other persons or damage to property, work on the construction project may begin at the worksite immediately and the owner or the person engaged by the owner to be the prime contractor on the construction project must ensure that

(

a) the Board receives, in writing, a notice of project that contains the information required by subsection (2) as soon as possible, and

(

b) a copy of the notice of project is posted at the worksite as soon as possible and is kept posted for the duration of the construction project.

(5) If any of the information required by subsection (2) changes significantly, the owner or the person engaged by the owner to be the prime contractor must ensure that

(

a) the Board receives, in writing, the new information as soon as possible, and

(

b) a copy of the new information is posted at the worksite as soon as possible and is kept posted for the duration of the construction project.

Notice of project – hazardous substances

20.2.1

(1) Subject to subsections (3) and (6), if a construction project involves a work activity set out in subsection (2), all employers responsible for the work activity and either the owner or the person engaged by the owner to be the prime contractor on the construction project must ensure that the Board receives, in writing, a notice of project that contains the information required by subsection (4) at least 48 hours before the work activity begins at the worksite.

(2) The following are work activities for the purposes of subsection (1):

(

a) a work activity that involves working with or in proximity to asbestos-containing material, as defined in

section 6.1, that is a moderate risk work activity or a high risk work activity as defined in that section;

(

b) the alteration, repair, dismantling or demolition of all or part of a building or structure in which asbestos-containing material has been processed, manufactured or stored;

(

c) a work activity that significantly disturbs lead-containing material in buildings or structures;

(

d) a work activity that is similar to those described in paragraphs (

a) to (

c) and that may expose workers to a significant risk of occupational disease from a biological or chemical agent or ionizing radiation.

(3) Subsection (1) does not apply if the work activity is carried out

(

a) for the purposes of

section 20.112 (2) or (6) [hazardous materials] ,

(

b) during a site inspection conducted to identify hazards,

(

c) to determine the types of tasks required for the construction project, or

(

d) to estimate the cost of labour and materials for the construction project.

(4) The notice of project must contain the following information:

(

a) the name and contact information of all employers responsible for the work activity, of the owner and of the person engaged to be the prime contractor, if any;

(

b) the address of the construction project or its location in relation to the nearest highway;

(

c) the scope of the construction project and of the work activity;

(

d) the starting date and the estimated duration of the construction project and of the work activity;

(

e) the safe work procedures specific to the work activity, and the hazardous substance involved in the work activity, that will be used to minimize the risk of occupational disease to the workers;

(

f) if

section 20.112 applies, a written report made under

section 20.112 (3) (

e) and, if applicable,

section 20.112 (6) (e).

(5) Subject to subsection (6), all employers responsible for the work activity and either the owner or the person engaged by the owner to be the prime contractor must ensure that a copy of the notice of project is posted at the worksite before the work activity begins at the worksite and is kept posted for the duration of the construction project.

(6) If it is necessary to do immediate work in order to prevent the risk of injury to workers or other persons, the risk of occupational disease or damage to property, a work activity referred to in subsection (2) may begin at the worksite immediately, and all employers responsible for the work activity and either the owner or the person engaged by the owner to be the prime contractor must ensure that

(

a) the Board receives, in writing, a notice of project that contains the information required by subsection (4) as soon as possible, and

(

b) a copy of the notice of project is posted at the worksite as soon as possible and is kept posted for the duration of the construction project.

(7) If any of the information required by subsection (4) changes significantly, all employers responsible for the work activity and either the owner or the person engaged by the owner to be the prime contractor must ensure that

(

a) the Board receives, in writing, the new information as soon as possible, and

(

b) a copy of the new information is posted at the worksite as soon as possible and is kept posted for the duration of the construction project.

(8) All employers responsible for a work activity to which subsection (1) applies must retain a copy of the notice of project respecting the work activity for at least 10 years from the starting date of the construction project as set out in the notice of project.

Appendix M

Section 22.1 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended by adding the following definition:

“underground working supervisor” means, in relation to an underground working, a person appointed under

section 22.12 (2) as an underground working supervisor for the underground working.

Section 22.12 is repealed and the following substituted:

Appointment of underground working supervisor

22.12

(1) In this section, “mine” has the same meaning as in the Mines Act .

(2) At every underground working, the employer performing the active excavation or rehabilitation of the underground working must appoint, as an underground working supervisor for the underground working, a person who

(

a) is knowledgeable of

(

i) the duties of supervisors under

section 117 of the Workers Compensation Act and this Part, and

(ii) the requirements of this Part, and of any other provision of this Regulation, that apply to the active excavation or rehabilitation of the underground working,

(

b) is qualified to supervise the active excavation or rehabilitation of the underground working, and

(

c) meets the requirements of subsection (3) or (4), as the case may be.

(3) Subject to subsection (4), a person must not be appointed as an underground working supervisor unless

(

a) the person holds an underground coal mine fireboss certificate or an underground shiftboss certificate, issued under the Health, Safety and Reclamation Code for Mines in British Columbia,

(

b) the person

(

i) has been employed full time in underground workings for more than 5 years, including more than 2 years as a supervisor of the active excavation of an underground working other than a mine, and

(ii) holds a valid first aid certificate issued by the Board or by a person recognized by the Board,

(

c) the person

(

i) has been employed full time in underground workings for more than 7 years, including

(

A) more than 2 years of work experience in the active excavation of underground workings, including more than 6 months of work experience in each of ground stabilization and control, underground haulage and transport and general underground servicing work, and

(

B) more than 6 months being directly mentored by a supervisor of an underground working other than a mine, and

(ii) holds a valid first aid certificate issued by the Board or by a person recognized by the Board, or

(

d) the person

(

i) has a degree, diploma or associate diploma in engineering, or an equivalent discipline, from an educational institution accredited by a provincial, state, national or other government body,

(ii) has been employed full time in underground workings for more than 3 years, including

(

A) more than 2 years of work experience in the active excavation of underground workings, including more than 6 months of work experience in each of ground stabilization and control, underground haulage and transport and general underground servicing work, and

(

B) more than 6 months being directly mentored by a supervisor of an underground working other than a mine, and

(iii) holds a valid first aid certificate issued by the Board or by a person recognized by the Board.

(4) In the case of a gassy underground working, a person must not be appointed as an underground working supervisor unless the person holds an underground coal mine fireboss certificate issued under the Health, Safety and Reclamation Code for Mines in British Columbia.

Role of underground working supervisor

22.12.1

(1) The employer must ensure that every worker involved in the active excavation or rehabilitation of an underground working is under the direct supervision of an underground working supervisor.

(2) Workers not involved in the active excavation or rehabilitation of an underground working must be under the direction of an underground working supervisor.

(3) The underground working supervisor must ensure that the work activities of employers, workers and other persons at an underground working are coordinated.

(4) The owner, or the person appointed by the owner to be the prime contractor, must ensure that employers, workers and other persons at an underground working, before entering the underground working, notify the underground working supervisor and obtain authorization to enter.

Section 22.63 (2) is repealed and the following substituted:

(2) The worker making the examination must, before going off shift, report to his or her supervisor any unusual condition found that has not been corrected.

(2.1) If a supervisor receives a report of an unusual condition that has not been corrected, the supervisor must, before going off shift, make a written report of the unusual condition to the underground working supervisor.

Section 22.67 is amended

(

a) in subsection (1) by striking out “ supervisor ” and substituting “ underground working supervisor ” and by striking out “ the supervisor’s ” and substituting “ the underground working supervisor’s ”,

(

b) in subsection (2) by striking out “ supervisor ” and substituting “ underground working supervisor ”, and

(

c) by adding the following subsection:

(2.1) The underground working supervisor must ensure that all findings, and any corrective actions taken, under subsection (2) are documented in the Underground Record referred to in

section 22.7.

Appendix N

Section 26.1 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended by adding the following definition:

“mobile equipment” means mobile equipment as defined in

section 16.1; .

2 The following

section is added to

Part 26:

Saw chain shot

26.13.4

(1) In this section, “saw chain shot” means one or more parts of a saw chain travelling at a high speed as a result of the saw chain breaking.

(2) This

section applies to mobile equipment that is

(

a) used in mechanical falling activities or log processing,

(

b) equipped with a saw that cuts using a saw chain, and

(

c) manufactured on or after May 1, 2019.

(3) Mobile equipment referred to in subsection (2) must meet one of the following requirements:

(

a) the mobile equipment must have protective guards or other devices that prevent the mobile equipment’s cab windows from being directly struck by saw chain shot from the mobile equipment’s saw chain;

(

b) each cab window that could be directly struck by saw chain shot from the mobile equipment’s saw chain must

(

i) be made of one or more sheets of polycarbonate that have a total thickness of at least 32 mm (1.25 in), or

(ii) meet or exceed the requirements of the level 1 outdoor use ballistics tests of ANSI/UL 752, Standard for Bullet-Resisting Equipment , 11th edition (with revisions up to and including December 11, 2015).

(4) For the purposes of subsection (3), saw chain shot that ricochets off an object and then strikes a cab window is not considered to have directly struck the cab window.

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