Contents
OCCUPATIONAL HEALTH AND SAFETY PROGRAMS
3.1 When program required
3.2 Small operations
3.3 Contents of program
3.4 Incident investigation reports [Repealed]
WORKPLACE INSPECTIONS
3.5 General requirement
3.6 Inspection of tools and equipment [Repealed]
3.7 Special inspections
3.8 Participation of the committee or representative
CORRECTION OF UNSAFE CONDITIONS
3.9 Remedy without delay
3.10 Reporting unsafe conditions
3.11 Emergency circumstances
REFUSAL OF UNSAFE WORK
3.12 Procedure for refusal
3.12.1 Reassignment of refused work
3.13 No prohibited action
OCCUPATIONAL FIRST AID
3.14 Definitions
3.15 First aid attendant qualifications
3.16 Basic requirements
3.17 First aid procedures
3.17.1 Air transportation
3.18 Communication and availability
3.19 First aid records
3.20 Multiple employer workplaces
3.21 First aid attendant responsibilities
Schedule 3-A Minimum levels of first aid
YOUNG OR NEW WORKERS
3.22 Definitions
3.23 Young or new worker orientation and training
3.24 Additional orientation and training
3.25 Documentation
JOINT HEALTH AND SAFETY COMMITTEES
3.26 Evaluation of joint committees
3.27 Minimum training requirements for new joint committee members or worker health and safety representatives
PARTICIPATION IN INVESTIGATIONS
3.28 Participation by employer or representative of employer and worker representative
Occupational Health and Safety Programs
Note: The general duties of employers, workers, supervisors, owners, suppliers, and directors and officers of a corporation are established in the Workers Compensation Act Part 2, Division 4, sections 21 through 30.
The requirements for a joint health and safety committee or a worker health and safety representative, committee membership and selection, duties and functions, procedures, and entitlement to time from work and educational leave are established in the Workers Compensation Act Part 2, Division 5, sections 31 through 46.
3.1 When program required
(1) An occupational health and safety program as outlined in section 3.3 must be initiated and maintained
(a) by each employer that has
(i) a workforce of 20 or more workers, and
(ii) at least one workplace that has a hazard rating, within the meaning of section 1(1) of Schedule 3A, of moderate or high, and
(b) by each employer that has a workforce of 50 or more workers.
(1.1) If subsection (1)(a) or (b) applies to the employer, the occupational health and safety program applies to the whole of the employer's operations.
(2) Despite subsection (1) an occupational health and safety program may be required in any workplace when, in the opinion of an officer, such a program is necessary.
[Amended by B.C. Reg. 348/2003, effective March 30, 2004.]
[Amended by B.C. Reg. 19/2006, effective May 17, 2006.]
[Amended by B.C. Reg. 320/2007, effective February 1, 2008.]
[Amended by B.C. Reg. 132/2023, effective November 1, 2024.]
3.2 Small operations
In any operation where the workforce is less than that referred to in section 3.1(1) the employer must
(a) initiate and maintain a less formal program based on regular monthly meetings with workers for discussion of health and safety matters,
(b) ensure that meetings are directed to matters concerning the correction of unsafe conditions and practices and the maintenance of cooperative interest in the health and safety of the workforce, and
(c) maintain a record of the meetings and the matters discussed.
3.3 Contents of program
The occupational health and safety program must be designed to prevent injuries and occupational diseases, and without limiting the generality of the foregoing, the program must include
(a) a statement of the employer's aims and the responsibilities of the employer, supervisors and workers,
(b) provision for the regular inspection of premises, equipment, work methods and work practices, at appropriate intervals, to ensure that prompt action is undertaken to correct any hazardous conditions found,
(c) appropriate written instructions, available for reference by all workers, to supplement this Occupational Health and Safety Regulation,
(d) provision for holding periodic management meetings for the purpose of reviewing health and safety activities and incident trends, and for the determination of necessary courses of action,
(e) provision for the prompt investigation of incidents to determine the action necessary to prevent their recurrence,
(f) the maintenance of records and statistics, including reports of inspections and incident investigations, with provision for making this information available to the joint committee or worker health and safety representative, as applicable and, upon request, to an officer, the union representing the workers at the workplace or, if there is no union, the workers at the workplace, and
(g) provision by the employer for the instruction and supervision of workers in the safe performance of their work.
3.4 Incident investigation reports
(1) Repealed. [B.C. Reg. 195/2015, effective February 1, 2016.]
(2) Repealed. [B.C. Reg. 185/1999, effective October 1, 1999.]
Note: This Regulation was repealed as a result of revisions to the Workers Compensation Act by the Workers Compensation Amendment Act, 2015, which came into effect on May 14, 2015. Direction on what to include in an employer's incident investigation report in accordance with policies of the Board of Directors can now be found in Items P2-71-1 and P2-72-1 of the Prevention Manual].
Workplace Inspections
3.5 General requirement
Every employer must ensure that regular inspections are made of all workplaces, including buildings, structures, grounds, excavations, tools, equipment, machinery and work methods and practices, at intervals that will prevent the development of unsafe working conditions.
3.6 Inspection of tools and equipment
Repealed. [B.C. Reg. 312/2003, effective October 29, 2003.]
3.7 Special inspections
A special inspection must be made when required by malfunction or accident.
3.8 Participation of the committee or representative
An inspection required by section 3.5 and a major inspection required by section 3.7 must, where feasible, include the participation of members of the joint committee or the worker health and safety representative, as applicable, but
(a) if there is no committee or worker health and safety representative the employer must designate an employer representative and the union must designate a worker representative, or
(b) if there is no union the employer must invite the workers to designate one of their number.
Correction of Unsafe Conditions
3.9 Remedy without delay
Unsafe or harmful conditions found in the course of an inspection must be remedied without delay.
3.10 Reporting unsafe conditions
Whenever a person observes what appears to be an unsafe or harmful condition or act the person must report it as soon as possible to a supervisor or to the employer, and the person receiving the report must investigate the reported unsafe condition or act and must ensure that any necessary corrective action is taken without delay.
3.11 Emergency circumstances
If emergency action is required to correct a condition which constitutes an immediate threat to workers only those qualified and properly instructed workers necessary to correct the unsafe condition may be exposed to the hazard, and every possible effort must be made to control the hazard while this is being done.
Refusal of Unsafe Work
3.12 Procedure for refusal
(1) A person must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person.
(2) A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (1) must immediately report the circumstances of the unsafe condition to the worker's supervisor or employer.
(3) A supervisor or employer receiving a report made under subsection (2) must immediately investigate the matter and
(a) ensure that any unsafe condition is remedied without delay, or
(b) if, in the supervisor's or employer's opinion, the report is not valid, must so inform the person who made the report.
(4) If the procedure under subsection (3) does not resolve the matter and the worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the supervisor or employer must investigate the matter in the presence of the worker who made the report and in the presence of
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(5) If the investigation under subsection (4) does not resolve the matter and the worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, both the supervisor, or the employer, and the worker must immediately notify an officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary.
[Amended by B.C. Reg. 116/2022, effective August 22, 2022.]
3.12.1 Reassignment of refused work
If a worker refuses work under section 3.12, the employer must not require or permit another worker to do the refused work unless
(a) the matter has been resolved under section 3.12(3), (4) or (5), or
(b) the employer has, in writing, advised the other worker and a person referred to in section 3.12(4)(a), (b) or (c) of all of the following:
(i) the refusal;
(ii) the unsafe condition reported under section 3.12(2);
(iii) the reasons why the work would not create an undue hazard to the health and safety of the other worker or any other person;
(iv) the right of the other worker under section 3.12 to refuse unsafe work.
[Enacted by B.C. Reg. 116/2022, effective August 22, 2022.]
3.13 No prohibited action
(1) A worker must not be subject to prohibited action as defined in section 47 of the Workers Compensation Act because the worker has acted in compliance with section 3.12 or with an order made by an officer.
(2) Temporary assignment to alternative work at no loss in pay to the worker until the matter in section 3.12 is resolved under section 3.12 (3), (4) or (5) is deemed not to constitute prohibited action.
[Amended by B.C. Reg. 279/2019, effective April 6, 2020.]
[Amended by B.C. Reg. 116/2022, effective August 22, 2022.]
Note: The prohibition against prohibited action is established in the Workers Compensation Act Part 2, Division 6, sections 47 through 50.
Occupational First Aid
3.14 Definitions
In this section and in sections 3.15 to 3.21,
"ambulance" means an ambulance that is
(a) operated by British Columbia Emergency Health Services, or
(b) otherwise authorized to operate under the Emergency Health Services Act;
"first aid" means
(a) in cases in which a person will need medical treatment, treatment for the purpose of preserving life and minimizing the consequences of injury until medical treatment is obtained, and
(b) treatment of minor injuries that would otherwise receive no medical treatment or that do not need medical treatment;
"first aid attendant" means a person who holds a valid first aid certificate issued by the Board or by a person recognized by the Board and who is designated as a first aid attendant by the employer;
"injured worker" means a worker who suffers an injury during work;
"injury" includes an occupational disease or illness;
"medical certificate" means a report in a form acceptable to the Board from a physician as to a person's fitness to perform the functions of a first aid attendant.
[Enacted by B.C. Reg. 348/2003, effective March 30, 2004.]
[Amended by B.C. Reg. 132/2023, effective November 1, 2024.]
3.15 First aid attendant qualifications
The employer must ensure that a person who is designated as a first aid attendant
(a) is at least 16 years old,
(b) [repealed]
(c) has a first aid certificate in good standing at the required level issued by the Board or a person recognized by the Board, and
(d) meets any other requirements determined by the Board for designation as a first aid attendant.
[Enacted by B.C. Reg. 348/2003, effective March 30, 2004.]
[Amended by B.C. Reg. 132/2023, effective November 1, 2024.]
3.16 Basic requirements
(1) An employer must provide for each workplace
(a) at least the equipment, supplies, facilities, first aid attendants and services required by Schedule 3-A, and
(b) any additional equipment, supplies, facilities, first aid attendants and services that are necessary to ensure that workers who suffer an injury at work can be
(i) promptly provided first aid, and
(ii) promptly transported to medical treatment.
(2) For the purpose of complying with subsection (1)(b), the employer must prepare a written assessment that sets out at least the following information:
(a) the number of workers present;
(b) the locations of workers;
(c) the nature and extent of the risks and hazards in the workplace;
(d) the types of injuries likely to occur;
(e) any barriers to first aid being provided to an injured worker;
(f) the time that may be required to obtain transportation and to transport an injured worker to medical treatment and the methods of transportation available.
(3) The employer must review and update the assessment under subsection (2)
(a) within 12 months after the previous assessment or review, and
(b) whenever a significant change affecting the assessment occurs in the employer's operations.
(3.1) An assessment under subsection (2) must be prepared, reviewed and updated in consultation with the joint committee or the worker health and safety representative, as applicable.
(4) An employer must ensure that the equipment, supplies and facilities required by subsection (1) are
(a) suitable for their intended use,
(b) kept clean, dry and ready for use, and
(c) readily accessible.
[Enacted by B.C. Reg. 348/2003, effective March 30, 2004.]
[Amended by B.C. Reg. 320/2007, effective February 1, 2008.]
[Amended by B.C. Reg. 132/2023, effective November 1, 2024.]
3.17 First aid procedures
(1) The employer must keep up-to-date written procedures for providing first aid at the workplace including
(a) the equipment, supplies, facilities, first aid attendants and services available,
(b) the location of, and how to call for, first aid,
(c) how the first aid attendant is to respond to a call for first aid,
(c.1) if there are any barriers to first aid being provided to injured workers, how injured workers will be accessed and moved,
(d) the authority of the first aid attendant over the treatment of injured workers and the responsibility of the employer to report injuries to the Board,
(e) who is to call for transportation for the injured worker, and the methods of transportation and calling,
(e.1) if emergency transportation is required by section 3 of Schedule 3-A, the location of the method of emergency transportation, and
(f) prearranged routes in and out of the workplace and to medical treatment.
(2) The employer must post the procedures conspicuously in suitable locations throughout the workplace or, if posting is not practicable, the employer must adopt other measures to ensure that the information is effectively communicated to workers.
(3) The first aid attendant and all other persons authorized to call for transportation for injured workers must be trained in the procedures.
(4) At least once each year and whenever the procedures change, the employer must ensure that drills are conducted to ensure that
(a) the procedures are effective, and
(b) workers, first aid attendants and other persons referred to in subsection (3) are capable of fulfilling their roles and responsibilities.
[Enacted by B.C. Reg. 348/2003, effective March 30, 2004.]
[Amended by B.C. Reg. 132/2023, effective November 1, 2024.]
3.17.1 Air transportation
If air transportation is the primary or only method for transporting an injured worker, all of the following requirements must be met:
(a) before the start of operations in a workplace, arrangements must be made with an air service to ensure that
(i) an appropriate aircraft is reasonably available to the workplace during those operations, and
(ii) without limiting subparagraph (i), there is at least
(A) one stretcher in the aircraft, or
(B) one stretcher, at the workplace, that is compatible with the aircraft;
(b) the arrangements in paragraph (a) must include procedures for
(i) the employer to determine the availability of appropriate aircraft before the start of each work day, and
(ii) the air service to notify the employer if an appropriate aircraft ceases to be available;
(c) a system must be provided that enables the pilot of the aircraft and the first aid attendant attending to an injured worker to communicate at all times when the aircraft is in transit to the location of the injured worker and during transport of the injured worker to medical treatment.
[Enacted by B.C. Reg. 320/2007, effective February 1, 2008.]
[Amended by B.C. Reg. 132/2023, effective November 1, 2024.]
3.18 Communication and availability
(1) The employer must provide an effective means for
(a) communication between the first aid attendant and the workers served, and
(b) the first aid attendant to call for assistance.
(2) The employer must not assign, and the first aid attendant must not undertake, employment activities that will interfere with the attendant's ability to receive and respond to a request for first aid.
[Enacted by B.C. Reg. 348/2003, effective March 30, 2004.]
3.19 First aid records
(1) The employer must maintain at the workplace, in a form acceptable to the Board, a record of all injuries and exposures to contaminants covered by this Regulation that are reported or treated.
(2) First aid records must be kept for at least 3 years.
(3) First aid records are to be kept confidential and may not be disclosed except as permitted by this Regulation or otherwise permitted by law.
(4) First aid records must be available for inspection by an officer of the Board.
(5) Workers may request or authorize access to their first aid records for any treatment or report about themselves.
[Enacted by B.C. Reg. 348/2003, effective March 30, 2004.]
3.20 Multiple employer workplaces
If workers of 2 or more employers are working at a workplace at the same time, the prime contractor must
(a) conduct an assessment of the circumstances of the workplace under section 3.16(2) in relation to all the workers in the workplace, and
(b) do everything that is reasonably practicable to establish and maintain the first aid equipment, supplies, facilities, first aid attendants and services required under section 3.16.
[Enacted by B.C. Reg. 348/2003, effective March 30, 2004.]
[Amended by B.C. Reg. 320/2007, effective February 1, 2008.]
3.21 First aid attendant responsibilities
(1) The first aid attendant must
(a) promptly provide injured workers with a level of first aid within the scope of the first aid attendant's training and this Part,
(b) objectively record observed or reported signs and symptoms of injuries and exposures to contaminants covered by this Regulation, and
(c) refer for medical treatment workers with injuries considered by the first aid attendant as being serious or beyond the scope of the first aid attendant's training.
(2) A first aid attendant must be physically and mentally capable of safely and effectively performing the required duties, and the Board may at any time require the first aid attendant to provide a medical certificate.
(3) The first aid attendant is responsible, and has full authority, for the provision of first aid to an injured worker until responsibility for treatment is accepted
(a) at a place of medical treatment,
(b) by ambulance personnel, or
(c) by a person with higher or equivalent first aid certification.
(4) The first aid attendant does not have authority to overrule a worker's decision to seek medical treatment or the worker's choice of medical treatment.
[Enacted by B.C. Reg. 348/2003, effective March 30, 2004.]
[Amended by B.C. Reg. 132/2023, effective November 1, 2024.]
Schedule 3-A Minimum Levels of First Aid
Division 1 - Interpretation1 Definitions
(1) In this Schedule:
"advanced first aid attendant" means a first aid attendant who holds an advanced first aid certificate;
"basic first aid attendant" means a first aid attendant who holds a basic first aid certificate;
"basic first aid attendant (transport)" means a first aid attendant who holds a basic first aid certificate with a transportation endorsement;
"class 1 workplace" means a workplace other than a class 2, 3 or 4 workplace;
"class 2 workplace" means a workplace that is a remote workplace but not a less-accessible workplace;
"class 3 workplace" means a workplace that is a less-accessible workplace but not a remote workplace;
"class 4 workplace" means a workplace that is both a remote workplace and a less-accessible workplace;
"hazard rating", in relation to a workplace, means how hazardous the workplace is, expressed as low, moderate or high, relative to all other workplaces;
"intermediate first aid attendant" means a first aid attendant who holds an intermediate first aid certificate;
"intermediate first aid attendant (transport)" means a first aid attendant who holds an intermediate first aid certificate with a transportation endorsement;
"less-accessible workplace" means
(a) a workplace that includes a work area that cannot be safely accessed by ambulance personnel, or
(b) a ferry;
"qualifying hospital" means an institution, designated as a hospital under section 1 of the Hospital Act, that has
(a) an emergency department, and
(b) a physician on duty or immediately available on call;
"remote workplace" means a workplace to which, under normal travel conditions, an ambulance that is a motor vehicle cannot travel from its base in 30 minutes or less, but does not include a ferry.
(2) The definitions in section 3.14 of this regulation apply to this Schedule.
2 First aid certificates
(1) For the purposes of this Schedule, a level 1, 2 or 3 first aid certificate that was issued before November 1, 2024 and has not expired is to be considered a basic, intermediate or advanced first aid certificate respectively.
(2) This section is repealed on November 1, 2027.
Division 2 - Minimum requirements3 General minimum requirements
For the purposes of section 3.16(1)(a) of this regulation, the equipment, supplies, facilities, first aid attendants and services that are required to be provided for a workplace are those specified in the following tables:
(a) in the case of a class 1 workplace, Table 3-1;
(b) in the case of a class 2 workplace, Table 3-2;
(c) in the case of a class 3 workplace, Table 3-3;
(d) in the case of a class 4 workplace, Table 3-4.
4 Dressing stations and first aid rooms
A dressing station or first aid room required by section 3 must
(a) be located as near as practicable to work areas,
(b) be located and designed to allow an injured worker to be moved safely,
(c) be kept clean and sanitary,
(d) have a sink with warm and cold potable running water or, if providing running water is impracticable, another system for providing warm and cold potable water,
(e) display conspicuous signs indicating the location of, and how to call for, first aid attendants, and
(f) be large enough to accommodate an injured worker, a first aid attendant and first aid equipment.
5 Overnight care
(1) This section applies in relation to a workplace if
(a) the workplace is required by section 3 to be provided with a first aid room, and
(b) under normal travel conditions, travel from the workplace to a qualifying hospital would take longer than 2 hours.
(2) For the purposes of section 3.16(1)(a) of this regulation,
(a) a first aid attendant who is available to provide overnight care must be provided, and
(b) the first aid room required by section 3 must be equipped to provide overnight care for at least 2 injured workers.
6 Emergency transportation
Emergency transportation required by section 3 must
(a) be capable of safely transporting
(i) a first aid attendant, and
(ii) the injured worker, with a stretcher used to secure the worker,
(b) have an effective means of communication between the first aid attendant and the operator of the transportation, and
(c) be designed and equipped to
(i) secure injured workers to minimize excessive jarring,
(ii) protect injured workers from natural elements and dust,
(iii) maintain normal body temperature of injured workers, and
(iv) allow adequate space for the first aid attendant to safely provide first aid to injured workers.
Table 3-1
Minimum Requirements - Class 1 Workplaces
| Item | Column 1 Workers present |
Column 2 Low hazard rating |
Column 3 Moderate hazard rating |
Column 4 High hazard rating |
|---|---|---|---|---|
| 1 | 2-9 |
|
|
|
| 2 | 10-19 |
|
|
|
| 3 | 20-49 |
|
|
|
| 4 | 50-99 |
|
|
|
| 5 | 100-199 |
|
|
|
| 6 | 200-499 |
|
|
|
| 7 | 500 or more |
|
|
|
Table 3-2
Minimum Requirements - Class 2 Workplaces
| Item | Column 1 Workers present |
Column 2 Low hazard rating |
Column 3 Moderate hazard rating |
Column 4 High hazard rating |
|---|---|---|---|---|
| 1 | 2-5 |
|
|
|
| 2 | 6-9 |
|
|
|
| 3 | 10-19 |
|
|
|
| 4 | 20-49 |
|
|
|
| 5 | 50-99 |
|
|
|
| 6 | 100-199 |
|
|
|
| 7 | 200-499 |
|
|
|
| 8 | 500 or more |
|
|
|
Table 3-3
Minimum Requirements - Class 3 Workplaces
| Item | Column 1 Workers present |
Column 2 Low hazard rating |
Column 3 Moderate hazard rating |
Column 4 High hazard rating |
|---|---|---|---|---|
| 1 | 2-9 |
|
|
|
| 2 | 10-19 |
|
|
|
| 3 | 20-49 |
|
|
|
| 4 | 50-99 |
|
|
|
| 5 | 100-199 |
|
|
|
| 6 | 200-499 |
|
|
|
| 7 | 500 or more |
|
|
|
Table 3-4
Minimum Requirements - Class 4 Workplaces
| Item | Column 1 Workers present |
Column 2 Low hazard rating |
Column 3 Moderate hazard rating |
Column 4 High hazard rating |
|---|---|---|---|---|
| 1 | 2-5 |
|
|
|
| 2 | 6-9 |
|
|
|
| 3 | 10-19 |
|
|
|
| 4 | 20-49 |
|
|
|
| 5 | 50-99 |
|
|
|
| 6 | 100-199 |
|
|
|
| 7 | 200-499 |
|
|
|
| 8 | 500 or more |
|
|
|
[Enacted by B.C. Reg. 320/2007, effective February 1, 2008.]
[Amended by B.C. Reg. 132/2023, effective November 1, 2024.]
Young or New Workers
3.22 Definitions
In sections 3.23 to 3.25:
"new worker" means any worker who is
(a) new to the workplace,
(b) returning to a workplace where the hazards in that workplace have changed during the worker's absence,
(c) affected by a change in the hazards of a workplace, or
(d) relocated to a new workplace if the hazards in that workplace are different from the hazards in the worker's previous workplace;
"young worker" means any worker who is under 25 years of age.
[Enacted by B.C. Reg. 105/2007, effective July 26, 2007.]
3.23 Young or new worker orientation and training
(1) An employer must ensure that before a young or new worker begins work in a workplace, the young or new worker is given health and safety orientation and training specific to that young or new worker's workplace.
(2) The following topics must be included in the young or new worker's orientation and training:
(a) the name and contact information for the young or new worker's supervisor;
(b) the employer's and young or new worker's rights and responsibilities under the Workers Compensation Act and this Regulation including the reporting of unsafe conditions and the right to refuse to perform unsafe work;
(c) workplace health and safety rules;
(d) hazards to which the young or new worker may be exposed, including risks from robbery, assault or confrontation;
(e) working alone or in isolation;
(f) violence in the workplace;
(g) personal protective equipment;
(h) location of first aid facilities and means of summoning first aid and reporting illnesses and injuries;
(i) emergency procedures;
(j) instruction and demonstration of the young or new worker's work task or work process;
(k) the employer's health and safety program, if required under section 3.1 of this Regulation;
(l) WHMIS information requirements set out in Part 5, as applicable to the young or new worker's workplace;
(m) contact information for the occupational health and safety committee or the worker health and safety representative, as applicable to the workplace.
[Enacted by B.C. Reg. 105/2007, effective July 26, 2007.]
3.24 Additional orientation and training
An employer must provide a young or new worker with additional orientation and training if
(a) workplace observation reveals that the young or new worker is not able to perform work tasks or work processes safely, or
(b) requested by the young or new worker.
[Enacted by B.C. Reg. 105/2007, effective July 26, 2007.]
3.25 Documentation
An employer must keep records of all orientation and training provided under sections 3.23 and 3.24.
[Enacted by B.C. Reg. 105/2007, effective July 26, 2007.]
Joint Health and Safety Committees
3.26 Evaluation of joint committees
(1) In this section, a reference to a joint committee does not include a joint committee established and maintained under section 32 of the Workers Compensation Act, if
(a) an order under section 32(1) of the Workers Compensation Act respecting the joint committee provides for a variation as set out in subsection (2)(b) of that section of that Act, and
(b) the variation is in regards to evaluating the joint committee.
(2) An employer must ensure that, with respect to each of the employer's joint committees, a written evaluation is conducted annually by
(a) the co-chairs of the joint committee or, with respect to each co-chair, the member or members of the joint committee designated by the co-chair, or
(b) the employer or a person retained by the employer.
(3) The evaluation must contain, but is not limited to, the following information:
(a) whether or not, throughout the period of time that is the subject of the evaluation,
(i) the joint committee met the membership requirements under section 33 of the Workers Compensation Act,
(ii) worker representatives on the joint committee were selected in accordance with section 34 of the Workers Compensation Act,
(iii) employer representatives on the joint committee were selected in accordance with section 35 of the Workers Compensation Act,
(iv) the joint committee fulfilled each of its duties and functions under section 36 of the Workers Compensation Act,
(v) the joint committee met regularly as required under section 37(2) of the Workers Compensation Act,
(vi) the employer met the requirements under section 39 of the Workers Compensation Act in respect of the written recommendations sent to the employer by the joint committee with a written request for a response from the employer, if any,
(vii) each member of the joint committee received the time off from work the member was entitled to receive under section 40 of the Workers Compensation Act,
(viii) each member of the joint committee attended the occupational health and safety training courses the member was entitled to attend under section 41 of the Workers Compensation Act,
(ix) the employer provided to the joint committee the equipment, premises, clerical personnel and information the employer was required to provide under section 42 of the Workers Compensation Act,
(x) the joint committee prepared reports of its meetings and provided copies to the employer as required under section 43(1) of the Workers Compensation Act,
(xi) the employer met the requirements of posting and keeping posted committee information as set out in section 44 of the Workers Compensation Act, and
(xii) each member of the joint committee received the instruction and training the employer was required to ensure was provided to the member under section 3.27 of this regulation;
(b) an assessment of the effectiveness of the joint committee's rules of procedures as established under section 37(1) of the Workers Compensation Act;
(c) an assessment of the overall effectiveness of the joint committee.
(4) If the employer or a person retained by the employer conducts the evaluation, the employer or person retained by the employer, as the case may be, must, as part of the evaluation, obtain and consider the input of the co-chairs of the joint committee or, with respect to each co-chair, the member or members of the joint committee designated by the co-chair, on the matters listed in subsection (3).
(5) The employer and the joint committee must each provide to the other a copy of the evaluation if the other does not have a copy.
(6) The joint committee must
(a) discuss the evaluation at the joint committee meeting immediately following
(i) receipt of the evaluation, if the employer or a person retained by the employer conducted the evaluation, or
(ii) the completion of the evaluation, if members of the joint committee conducted the evaluation, and
(b) ensure that the evaluation and a summary of the discussion referred to in paragraph (a) are included in the report of that meeting.
[Enacted by B.C. Reg. 312/2016, effective April 3, 2017.]
[Amended by B.C. Reg. 279/2019, effective April 6, 2020.]
3.27 Minimum training requirements for new joint committee members or worker health and safety representatives
(1) In this section, a reference to a joint committee does not include a joint committee established and maintained under section 32 of the Workers Compensation Act, if
(a) an order under section 32(1) of the Workers Compensation Act respecting the joint committee provides for a variation as set out in subsection (2)(b) of that section of that Act, and
(b) the variation is in regards to providing instruction and training to the members of the joint committee.
(2) The employer must ensure that each member of the employer's joint committees who was selected on or after April 3, 2017 to be a member receives, as soon as practicable but no more than 6 months after becoming a member, a total of at least 8 hours of instruction and training, as set out in subsection (4).
(3) The employer must ensure that the worker health and safety representative at each of the employer's workplaces who was selected on or after April 3, 2017 to be a representative receives, as soon as practicable but no more than 6 months after becoming a representative, a total of at least 4 hours of instruction and training, as set out in subsection (5).
(4) The instruction and training referred to in subsection (2) must include the following topics:
(a) the duties and functions of a joint committee under section 36 of the Workers Compensation Act;
(b) the rules of procedure of the joint committee as established under or set out in section 37 of the Workers Compensation Act;
(c) the requirements respecting investigations under sections 69 to 72 of the Workers Compensation Act;
(d) the requirements respecting inspections under sections 3.5, 3.7 and 3.8 of this regulation and how to make regular inspections under section 3.5 of this regulation;
(e) the requirements respecting refusal of unsafe work under section 3.12 of this regulation;
(f) the requirements respecting the evaluation of joint committees under section 3.26 of this regulation.
(5) The instruction and training referred to in subsection (3) must include the topics described in subsection (4)(a), (c), (d) and (e).
(6) Subsection (2) does not apply in respect of a person who is a member of a joint committee if
(a) 2 years or less before becoming a member of the joint committee, the person was a member of that joint committee or a different joint committee, and
(b) the person, as a member of the joint committee or a different joint committee as set out in paragraph (a), received at least 8 hours of instruction and training on the topics described in subsection (4).
(7) Subsection (3) does not apply in respect of a person who is a worker health and safety representative at a workplace if
(a) 2 years or less before becoming a worker health and safety representative at the workplace, the person was
(i) a member of a joint committee, or
(ii) a worker health and safety representative at that workplace or a different workplace, and
(b) the person, as a member of a joint committee, or as a worker health and safety representative at the workplace or a different workplace, as set out in paragraph (a), received at least 4 hours of instruction and training on the topics described in subsection (5).
(8) The employer must ensure that a person who receives instruction and training as set out in subsection (2) or (3) receives a copy of the person's training record as soon as practicable after the training is completed.
(9) The employer must, with respect to each person who receives instruction and training as set out in subsection (2) or (3), keep the person's training record until 2 years from the date the person ceases to be a member of the employer's joint committee or a worker health and safety representative, as applicable.
(10) For greater certainty, the instruction and training required under subsection (2) or (3) of this regulation is not educational leave as set out in section 41 of the Workers Compensation Act.
[Enacted by B.C. Reg. 312/2016, effective April 3, 2017.]
[Amended by B.C. Reg. 279/2019, effective April 6, 2020.]
Participation in Investigations
3.28 Participation by employer or representative of employer and worker representative
For the purposes of section 70(2)(c) of the Workers Compensation Act, the following activities are prescribed:
(a) assisting the persons carrying out the investigation with gathering information relating to the investigation;
(b) assisting the persons carrying out the investigation with analyzing the information gathered during the investigation;
(c) assisting the persons carrying out the investigation with identifying any corrective actions necessary to prevent recurrence of similar incidents.
[Enacted by B.C. Reg. 312/2016, effective April 3, 2017.]
[Amended by B.C. Reg. 279/2019, effective April 6, 2020.]