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WorkSafeBC announces amendments to the Occupational Health and Safety Regulation
Richmond, B.C., October 2, 2008 — Following the 2008 public hearing process, WorkSafeBC’s Board of Directors has approved amendments to the Occupational Health and Safety Regulation (OHSR). The majority of the amendments will take effect January 1, 2009.
“WorkSafeBC reviews occupational health and safety regulations on an on-going basis,” said Roberta Ellis, vice president Policy, Investigations and Review Divisions at WorkSafeBC. “We want to ensure that safety laws remain current and effective in preventing injury, illness and disease in the workplace.”
“We also want to make sure that employers, workers, labour organizations, industries affected and any other interested parties – have an opportunity to comment on proposed changes through an extensive consultation and public hearing process.”
The Board of Directors approved amendments to the following sections:
- Parts 1 and 4 relating to avalanche assessment;
- Part 4 relating to environmental tobacco smoke;
- Part 5 relating to designation of substances;
- Part 14, Cranes and Hoists, relating to operator’s duties;
- Part 17 relating to seating requirements and seat belts in vehicles used to transport workers;
- Parts 20 and Part 22 relating to fills, stockpiles and professional certifications; and
- Part 23, Oil and Gas, relating to snubbing operations, emergency escape systems, riding hoisting equipment.
Avalanche Assessment
Changes to the requirements for the assessment of workplaces for avalanche hazard exposure and the development of any required avalanche safety plans, have been relocated from Part 26 Forestry Operations to Part 4 General Conditions to ensure the provisions apply to all workplaces. These amendments will become effective on September 1, 2009 to avoid introducing changes in the middle of the winter season. Requirements for avalanche planners to sign off on active avalanche safety programs will become effective on September 1, 2011 to allow time for a sufficient number of avalanche planners to meet the training and experience criteria established by the Canadian Avalanche Association.
Environmental Tobacco Smoke (ETS)
Changes relating to environmental tobacco smoke will harmonize the OHS Regulation to new provincial laws that became effective March 31, 2008. This harmonization will significantly increase standards of protection for workers. The existing standards for the effective removal of ETS in any situations where worker entry is required have been in existence since 2002 and continue to apply. WorkSafeBC will continue to work with stakeholders to address any implementation issues related to this amendment.
Designation of Substances
The American Conference of Governmental Industrial Hygienists (“ACGIH”) changed the reporting system for reproductive and sensitization effects. In order to maintain the current level of worker protection, the regulation was amended to also reference another ACGIH book called the ‘ACGIH Documentation of the Threshold Limit Values and Biological Exposures Indices’. This means that the current list of reproductive toxins or sensitizers is maintained and employers must continue their current obligation to protect workers from these adverse health effects.
Operators Duties (cranes and hoists)
Recommendations arising from a Coroner’s Judgment regarding supervision during critical lifts and a requirement for a second brake system on operating hoist drums were considered. The public hearing process and analysis determined elements of the proposed amendments were not practicable and some would require an approach that could be better addressed by the Canadian Standards Association. A new section restricting crane operator duties was added.
Seating Requirements and Seatbelts
The Ministry of Labour & Citizens’ Services requested that WorkSafeBC strengthen the requirements for seat arrangements and seat belts in vehicles used to transport workers. The request harmonizes the OHSR to recent changes to the Motor Vehicle Act Regulations that became effective May 14, 2007.
Fills, Stockpiles and Excavations
New provisions were added for fills and stockpiles and for the people eligible to be responsible for some types of excavation work. These changes flowed from the investigation of a serious accident at a logging road construction site in 2005.
Oil and Gas Issues
Proposed amendments to sections in Part 23 were initiated to delete some obsolete provisions, update other provisions, address issues around escape systems on the derricks of drill rigs, and establish new provisions for snubbing operations – a relatively new process for completing and servicing oil and gas wells.
Tunnel Boring and Cut and Cover Excavation Methods
In light of feedback received during the 2008 public hearing process, the amendments to Part 22, relating to accommodation of tunnel boring and cut and cover excavation methods, were withdrawn. Further consultation with affected stakeholders is required.
See more information on the results of the 2008 public hearings.
Harmonization of the Liquor Control and Licensing Regulation/
Working Alone or in Isolation
The Board of Directors has approved taking to the next scheduled public hearing in 2009 an adjustment to Part 4 relating to working alone or in isolation. The proposed adjustment to the Working Alone Regulation will harmonize it to the requirements of the Liquor Control and Licensing Regulation: Late night hours will be defined as being between 11 p.m. and 6 a.m., rather than between 10 p.m. and 6 a.m. With regard to the one-hour differential, the general duties of the law remain in effect as do the specific requirements of the Occupational Health and Safety Regulation that address violence prevention and safe work practices.
WorkSafeBC is an independent provincial statutory agency governed by a Board of Directors that serves nearly two million workers and about 197,000 employers. WorkSafeBC was born out of a compromise between B.C.’s workers and employers in 1917 where workers gave up the right to sue their employers and fellow workers for injuries on the job in return for a no-fault insurance program fully paid for by employers. The organization is committed to safe and healthy workplaces and to providing return-to-work rehabilitation and legislated compensation benefits.
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For more information, contact: |
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| Donna Freeman, Manager, |
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