PREVENTION MANUAL

PREVENTION MANUAL
 PREVENTION MANUAL

PREFACE

Section 82 of the Workers Compensation Act provides that the Board of Directors of the
Workers’ Compensation Board must set and revise as necessary the policies of the
Board of Directors, including policies respecting compensation, assessment,
rehabilitation and occupational safety and health (or prevention).

The policies of the Board of Directors consist of:

(a) The statements contained under the heading “Policy” in the

Assessment Manual,
(b) The statements contained under the heading “Policy” in the
Prevention Manual,
(c) The Rehabilitation Services & Claims Manual, Volume I and
Volume II, except statements under the headings “Background” and
“Practice” and explanatory material at the end of each Item
appearing in the new manual format,
(d) The Classification and Rate List, as approved annually by the
Board of Directors,
(e) Workers’ Compensation Reporter Decision No. 231 of
Volumes 1 – 6; 1 and
(f) Policy decisions of the former Governors and the former Panel of
Administrators still in effect immediately before February 11, 2003,

as well as amendments to policy in the four policy manuals, any new or replacement
manuals issued by the Board of Directors, any documents published by the Workers’
Compensation Board that are adopted by the Board of Directors as policies of the Board
of Directors, and all decisions of the Board of Directors declared to be policy decisions.

The Manual in which this preface appears contains current Board policy with respect to
prevention matters. It is used by Board staff in carrying out their responsibilities under
the Workers Compensation Act. As new policy is developed and approved in this area,
the Manual will be updated by issuing replacement pages.

1 As of January 1, 2010 only one Decision from Volumes 1 – 6 remains to be retired: No. 231. This
decision will be addressed in the near future. An explanation of “retirement” is found in APPENDIX 1
to this Manual.
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ORGANIZATION OF THIS MANUAL

This Manual sets out the policies and practices that relate to the Board’s Prevention
mandate.

The Manual is divided into two parts:

Policies and Practices applying to the occupational health and safety provisions
of the Workers Compensation Act

Policies and Practices applying to provisions of the occupational health and

safety regulations

The Manual consists of a number of “Items” that relate to particular provisions. An

explanation of how the Items are organized is found on the following page.

The Background section for various Items reproduces relevant excerpts from the
Workers Compensation Act or the Board’s occupational health and safety regulations.

The Province of British Columbia holds copyright in the Workers Compensation Act.
Complete copies are available from Crown Publications in Victoria.

Additional practice information regarding sections of the Act or OHS Regulation may be
contained in the OHS Guidelines available on the WorkSafeBC website.

September 15, 2010

 This
number
This PREVENTION MANUAL cross-
identifies references
the subject RE: ITEM: the Division
matter. and the
section of
Part 3 of
BACKGROUND the Act
(using the
prefix “D”)
This section reproduces the relevant provision(s) of the
or the
Act or the regulations, preceded by a brief explanatory
section of
note.
the
applicable
regulations
POLICY (using the
prefix “R”).
This section sets out the Board’s Policy statement. The Items
Policy is approved or amended only by the Board of relating to
Directors after appropriate consultation. Part 1 of
the Act
have been
PRACTICE assigned
the prefix
This section sets out the Board’s Practice to implement D24.
the Policy.

This information relates to the POLICY section of each item only, unless
otherwise indicated.

This is the
EFFECTIVE DATE: This is the
effective
statutory or
date of the
Policy. AUTHORITY: regulatory
authority for
CROSS REFERENCES: the Policy.
This documents
the changes in HISTORY:
each Item of this
Manual since the APPLICATION:
Item was first
approved.

This clarifies, where necessary, the categories

This identifies other
of cases to which a changed Policy applies as
relevant Items in the
of the effective date. (There is no
Manual, or other
APPLICATION DATE for many of the Items
provisions of the Act or
relating to the Act. The Policies for those
the regulations. This
Items reflect the changes to the Workers
information is only
Compensation Act that came into force on
inserted for the
October 1, 1999, which is also the effective
assistance of the reader.
date of the Policies.)
It should not be
considered exhaustive.

September 15, 2010

 PREVENTION MANUAL

TABLE OF CONTENTS
POLICIES AND PRACTICES APPLYING TO THE OCCUPATIONAL
HEALTH AND SAFETY PROVISIONS OF THE WORKERS
COMPENSATION ACT

DIVISION 1 – INTERPRETATION AND PURPOSES

D1-107-1 Application of the Act and Policies
D1-108-1 Application of Part 3 - Where Jurisdictional Limits Exist

DIVISION 2 – BOARD MANDATE

D2-111-1 Assignment of Board Authority
D2-111-3 Board Approval
D2-113-1 Varying or Cancelling Previous Decisions or Orders

DIVISION 3 – GENERAL DUTIES OF EMPLOYERS, WORKERS AND OTHERS

D3-117-1 General Duties - Supervisors
D3-118-1 General Duties - Multiple-Employer Workplaces
D3-119-1 General Duties - Owners
D3-121-1 General Duties - Directors and Officers of a Corporation
D3-123/124-1 General Duties - Overlapping Obligations

DIVISION 4 – JOINT COMMITTEES AND WORKER REPRESENTATIVES

D4-125-1 Joint Committees - When a Committee is Required
D4-132/133-1 Joint Committees - Procedures and Resolving
Disagreements
D4-134-1 Joint Committees - Time Off Work
D4-135-1 Joint Committees - Educational Leave
D4-139-1 Joint Committees - Worker Health and Safety
Representative
D4-140-1 Joint Committees - Participation of Worker
Representative in Inspections

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DIVISION 5 – RIGHT TO REFUSE UNSAFE WORK

No Items

DIVISION 6 – PROHIBITION AGAINST DISCRIMINATORY ACTION

D6-150/151/152-1 Discriminatory Actions/Failure to Pay Wages - Scope
D6-153-1 Discriminatory Actions/Failure to Pay Wages -
Investigation of Complaint
D6-153-2 Discriminatory Actions - Failure to Pay Wages -
Remedies

DIVISION 7 – INFORMATION AND CONFIDENTIALITY

No Items

DIVISION 8 – MISCELLANEOUS AUTHORITY

D8-160-1 First Aid Equipment - Imposition of Special Rate of
Assessment

DIVISION 9 – VARIANCE ORDERS

D9-166-1 Variance Orders - Information Required
D9-168-1 Variance Orders - Consultation on Application

DIVISION 10 – ACCIDENT REPORTING AND INVESTIGATION

D10-172-1 Accident Reporting and Investigation - Immediate Notice
Of Certain Accidents (Major Release of
Hazardous Substance)

DIVISION 11 – INSPECTION, INVESTIGATION AND INQUIRIES

No Items

DIVISION 12 – ENFORCEMENT
D12-187-1 Orders - General Authority
D12-188-1 Orders - Contents and Process
D12-191-1 Orders - To Stop Work
D12-195-1 Orders - Cancellation and Suspension of Certificates
D12-196-1 Administrative Penalties - Criteria for Imposing
D12-196-2 Administrative Penalties - High Risk Violations
D12-196-3 Administrative Penalties - Prior Violations and Orders
D12-196-4 Administrative Penalties - Authority to Impose

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D12-196-6 Administrative Penalties - Amount of Penalty

D12-196-7 Administrative Penalties - Payment of Penalty
D12-196-8 Administrative Penalties - Payment of Interest on
Successful Appeal
D12-196-9 Administrative Penalties - Prosecution Following Penalty
D12-196-10 Administrative Penalties - Due Diligence
D12-196-11 Administrative Penalties - Warning Letters
D12-198-1 Occupational Health and Safety Injunctions

DIVISION 13 – REVIEWS
No Items

DIVISION 14 – APPEALS
No Items

DIVISION 15 – OFFENCES
No Items

DIVISION 16 – GENERAL
No Items

DIVISION 17 – REGULATIONS
No Items

MISCELLANEOUS PROVISIONS RELATING TO PART 1

D24-2-1 Imposition of Levies - Independent Operators
D24-73-1 Imposition of Levies - Charging of Claim Costs

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POLICIES AND PRACTICES APPLYING TO THE OCCUPATIONAL

HEALTH AND SAFETY REGULATIONS

PART 1 – DEFINITIONS
No Items

PART 2 – APPLICATION
R2.2-1 Application - General Duty (“Undue Risk”)

PART 3 – RIGHTS AND RESPONSIBILITIES

No Items

PART 4 – GENERAL CONDITIONS

R4.25-1 Workplace Conduct - Prohibition of Improper Activity
or Behaviour
R4.27-1 Violence in the Workplace - Definition
R4.28-1 Violence in the Workplace - Risk Assessment
R4.29-1 Violence in the Workplace - Procedures and Policies
R4.29-2 Violence in the Workplace - Workplace Violence
Prevention Program
R4.30-1 Violence in the Workplace - Instruction of Workers
R4.31-1 Violence in the Workplace – Advice to Consult Physician

PART 5 – CHEMICAL AND BIOLOGICAL SUBSTANCES

R5.48-1 Exposure Limits and Designations
R5.54-1 Controlling Exposure - Exposure Control Plan

PART 6 – SUBSTANCE SPECIFIC REQUIREMENTS

No Items

PART 7 – NOISE, VIBRATION, RADIATION AND TEMPERATURE

No Items

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PART 8 – PERSONAL PROTECTIVE CLOTHING AND EQUIPMENT

R8.10-1 General Requirements - Personal Clothing Accessories
R8.22-1 Footwear - General Requirement
R8.33-1 Respirators - Interchanging Air Cylinders
R8.33-2 Respirators - Interchanging Air Lines

PART 9 – CONFINED SPACES

No Items

PART 10 – DE-ENERGIZATION AND LOCKOUT

R10.3-1 When Lockout Required (Automatic J-Bar Sorting
Systems)

PART 11 – FALL PROTECTION

No Items

PART 12 – TOOLS, MACHINERY AND EQUIPMENT

R12.2-1 General Requirements - Safeguarding Requirement
(During Use of Dynamometer)

PART 13 – LADDERS, SCAFFOLDS AND TEMPORARY WORK PLATFORMS

No Items

PART 14 – CRANES AND HOISTS

R14.5-1 General Requirements - Rated Capacity Indication
(Bridge Cranes)
R14.11-1 General Requirements - Support Structure (Hoist Load
Capacity Not to Exceed Hoist Support Structure)
R14.81-1 Tower Cranes - Limit Devices

PART 15 – RIGGING
No Items

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PART 16 – MOBILE EQUIPMENT

R16.3-2 General Requirements - Operation and Maintenance
(Fuel Tank Filler and Vent Outlet Locations)
R16.21-1 Guards - Protective Structures (Hydraulic Excavators)
R16.22-1 Guards - Rollover Protective Structures (Pipe Layers or
Side Boom Tractors)
R16.24-1 Guards - ROPS Certification (Sweep Arms)

PART 17 – TRANSPORTATION OF WORKERS

R17.12-1 Crew Cars, Buses and Crummies - Seating Design
R17.13-1 Crew Cars, Buses and Crummies - Seating Capacity

PART 18 – TRAFFIC CONTROL

No Items

PART 19 – ELECTRICAL SAFETY

R19.25-1 Working Close to Energized High Voltage - Equipment
and Conductors
R19.30-1 Tree Pruning and Falling Near Energized Conductors -
Preliminary Inspection

PART 20 – CONSTRUCTION, EXCAVATION AND DEMOLITION

R20.17-1 Concrete Formwork and Falsework - Specifications and
Plans
R20.26-1 Concrete Formwork and Falsework - Inspections
R20.40-1 Concrete Pumping - Outriggers
R20.72-1 Open Web Joists and Trusses - Erection Instructions
(All-Wood Plate-Connected Open Web Trusses)

PART 21 – BLASTING OPERATIONS

No Items

PART 22 – UNDERGROUND WORKINGS

No Items

PART 23 – OIL AND GAS

No Items

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PART 24 – DIVING, FISHING AND OTHER MARINE OPERATIONS

R24.7-1 Diving Operations - General Requirements - Application
(Variances)
R24.69-1 Fishing Operations - General Requirements - Application
R24.70-1 Fishing Operations - Compliance with Standards
R24.71-1 Fishing Operations - Owner and Master Responsibilities
R24.72-1 Fishing Operations - Documentation
R24.73-1 Fishing Operations - Instruction
R24.74-1 Fishing Operations - Emergency Procedures
R24.75-1 Fishing Operations - Crewmember Responsibility
R24.76-1 Fishing Operations - Vessel Preparation
R24.77-1 Fishing Operations - General Requirements -
Reporting Injuries
R24.80-1 Fishing Operations - Slipping and Tripping Hazards
R24.83-1 Fishing Operations - General Requirements - Access and
Egress
R24.84-1 Fishing Operations - General Requirements - Protection
from Falling
R24.85-1 Fishing Operations - Deck Openings
R24.86-1 Fishing Operations - General Requirements -
De-energization
R24.87-1 Fishing Operations - Equipment Control Devices
R24.90-1 Fishing Operations - Ventilation
R24.97-1 Fishing Operations - Crewmember Overboard (Immersion
Suits)
R24.98-1 Fishing Operations - Davits
R24.100-1 Fishing Operations - Ozone Generators

PART 25 – CAMPS
No Items

PART 26 – FORESTRY OPERATIONS

R26.11-1 General Requirements - Dangerous Trees (Removal Prior
to Silviculture Activities)
R26.79-1 Roads and Road Maintenance - Haul Road Standards
(Maintenance of Forest Roads)
R26.86-1 Water Operations - Boat Equipment
(Towline Guards and OPS for Boom Boats)

PART 27 – WOOD PRODUCTS MANUFACTURING

No Items

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PART 28 – AGRICULTURAL OPERATIONS

No items

PART 29 – AIRCRAFT OPERATIONS

No Items

PART 30 – LABORATORIES
R30.8-1 General Requirements - Fume Hoods
(Ventilation Systems)

PART 31 – FIREFIGHTING
No Items

PART 32 – EVACUATION AND RESCUE

No Items

APPENDICES
APPENDIX 1 Retired Decisions from Volumes 1 - 6 (Decisions No. 1 -
423) of the Workers’ Compensation Reporter

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 PREVENTION MANUAL

POLICIES AND PRACTICES

APPLYING TO
THE OCCUPATIONAL HEALTH AND SAFETY PROVISIONS
OF THE WORKERS COMPENSATION ACT
 PREVENTION MANUAL

DIVISION 1

INTERPRETATION AND PURPOSES

Division 1 of Part 3 of the Workers Compensation Act sets out the definitions applying to
Part 3, the purposes and application of the Part and how the Part relates to Part 1 of the
Act. Division 1 also authorizes the Minister to appoint committees to review Part 3 and
the regulations and report back its recommendations.

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 PREVENTION MANUAL

RE: Application of the Act and Policies ITEM: D1-107-1

BACKGROUND

1. Explanatory Notes

Decision-making at the Workers’ Compensation Board is governed by the Workers

Compensation Act.

Section 82(1)(a) of the Act authorizes the Board of Directors to set and revise the
Board’s policies. These policies are of broad general application and provide further
direction to Board officers in dealing with individual matters.

Section 99(2) of the Act requires the Board to make decisions based upon the merits
and justice of the case, but in so doing to apply a policy of the Board of Directors that is
applicable in the case.

The purpose of the POLICY in this Item is to provide direction regarding the interaction
between the application of the Act and the policies made under the Act and the
consideration of the individual circumstances of the case.

The POLICY does not comment on documents issued under the authority of the
President/Chief Executive Officer of the Board. That is a matter for the President/CEO
to address.

2. The Act

Section 82(1)(a):

The board of directors must … set and revise as necessary the policies of the
board of directors, including policies respecting compensation, assessment,
rehabilitation and occupational health and safety ....

Section 99(2):

The Board must make its decision based upon the merits and justice of the case,
but in so doing the Board must apply a policy of the board of directors that is
applicable in the case.

POLICY

In making decisions, Board officers must take into consideration:

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1. the relevant provision or provisions of the Act;

2. the relevant policy or policies in this Manual; and

3. all facts and circumstances relevant to the case.

By applying the relevant provisions of the Act and the relevant policies, Board officers
ensure that:

1. similar cases are adjudicated in a similar manner;

2. each participant in the system is treated fairly; and

3. the decision-making process is consistent and reliable.

Section 99(2) of the Act provides that:

The Board must make its decision based upon the merits and justice of the case,
but in so doing the Board must apply a policy of the board of directors that is
applicable in the case.

In making decisions, Board officers must take into account all relevant facts and
circumstances relating to the case before them. This is required, among other reasons,
in order to comply with section 99(2) of the Act. In doing so, Board officers must
consider the relevant provisions of the Act. If there are specific directions in the Act that
are relevant to those facts and circumstances, Board officers are legally bound to follow
them.

Board officers also must apply a policy of the Board of Directors that is applicable to the
case before them. Each policy creates a framework that assists and directs Board
officers in their decision-making role when certain facts and circumstances come before
them. If such facts and circumstances arise and there is an applicable policy, the policy
must be followed.

All substantive and associated practice components in the policies in this Manual are
applicable under section 99(2) of the Act and must be followed in decision-making. The
term “associated practice components” for this purpose refers to the steps outlined in
the policies that must be taken to determine the substance of decisions. Without these
steps being taken, the substantive decision required by the Act and policies could not
be made.

References to business processes that appear in policies are only applicable under
section 99(2) of the Act in decision-making to the extent that they are necessary to
comply with the rules of natural justice and procedural fairness. The term “business
processes” for this purpose refers to the manner in which the Board conducts its

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operations. These business processes are not intrinsic to the substantive decisions
required by the Act and the policies.

If a policy requires the Board to notify an employer, worker, or other workplace party
before making a decision or taking an action, the Board is required to notify the party if
practicable. “If practicable” for this purpose means that the Board will take all
reasonable steps to notify, or communicate with, the party.

This policy is not intended to comment on the application of practice directives,

guidelines and other documents issued under the authority of the President/Chief
Executive Officer of the Board. The application of those documents is a matter for the
President/CEO to address.

EFFECTIVE DATE: March 3, 2003

AUTHORITY: ss. 82(1)(a) and 99(2), Workers Compensation Act
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
APPLICATION: This policy applies to decisions on or after March 3, 2003.

September 15, 2010 D1-107-1

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RE: Application of Part 3 – ITEM: D1-108-1

Where Jurisdictional Limits Exist

BACKGROUND

1. Explanatory Notes

The Canadian Constitution, the Workers Compensation Act and other federal and
provincial legislation place certain limits on the Board’s authority to take measures to
prevent workplace injuries and illnesses.

In some cases, the Board may be totally excluded from inspecting certain types of
operations. These include operations covered by Part II of the federal Canada Labour
Code, mines covered by the provincial Mines Act, and railways covered by the
provincial Railways Act.

In other cases, the Board may not be excluded from a particular type of operations, but
certain equipment or activities may be covered by a statute or regulation administered
by another agency.

These limits are largely matters of general law over which the Board has no control.
They are also too complex to state in this Item.

The purpose of this Item is to provide general guidance on how Board officers will
exercise their powers in situations where it has been established that there are
jurisdictional limits on those powers.

2. The Act

Section 108:

(1) Subject to subsection (2), this Part applies to

(a) the Provincial government and every agency of the Provincial

government,

(b) every employer and worker whose occupational health and safety
are ordinarily within the jurisdiction of the Provincial government,
and

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(c) the federal government, every agency of the federal government

and every other person whose occupational health and safety are
ordinarily within the jurisdiction of the Parliament of Canada, to the
extent that the federal government submits to the application of this
Part.

(2) This Part and the regulations do not apply in respect of

(a) mines to which the Mines Act applies,

(b) railways to which the Railway Act applies, or

(c) subject to subsection (3), the operation of industrial camps to the

extent their operation is subject to regulations under the Health Act.

(3) The Lieutenant Governor in Council may, by regulation, provide that all
aspects of this Part and the regulations apply to camps referred to in
subsection (2)(c), in which case this Part and the regulations prevail over
the regulations under the Health Act to the extent of any conflict.

[Note - As of the date of this policy, the federal government had not submitted to
the application of Part 3 of the Act under section 108(1)(c). Nor had the
Lieutenant Governor in Council made regulations relating to camps under section
108(3).]

Section 114:

(1) Without limiting section 8.1, the board may enter into agreements or make
arrangements respecting cooperation, coordination and assistance related
to occupational health and safety and occupational environment matters
with the Provincial government, the government of Canada or the
government of another province or territory, or an agency of any of those
governments, or with another appropriate authority.

(2) In relation to an agreement or arrangement under subsection (1), the

board may

(a) authorize board officers to act on behalf of the other party to the
agreement or arrangement, and

(b) authorize persons appointed by the other party to the agreement or

arrangement to act as an officer under this Act, subject to any
conditions or restrictions established by the board.

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POLICY

(a) Where, for jurisdictional reasons, the Board is totally excluded from
inspecting an operation

Board officers will not knowingly issue an order or exercise another Board power under
Part 3 with respect to an operation in this situation.

If Board officers observe what they believe to be a violation of a statute or a regulation

administered by another agency, they will:

• notify the other agency of the observation; and

• cooperate with that agency in dealing with the situation to the extent this is
consistent with the Board’s mandate and the officers’ duties under the
Workers Compensation Act.

(b) Where the Board is not totally excluded from inspecting an operation, but
certain equipment or activities included in the operation are covered by a
statute or regulation administered by another agency

Board officers will not issue an order or exercise another power to directly enforce a
statute or regulation of another agency in this situation.

Board officers may issue an order or exercise another power under the Workers
Compensation Act where:

• the situation violates the Workers Compensation Act or a regulation under

that Act; and

• the order or exercise of another power is not in conflict with an applicable

statute or regulation administered by the other agency.

If the order or exercise of another power appears to be in conflict with an applicable

statute or regulation administered by the other agency, Board officers will seek direction
from their managers before proceeding.

If Board officers observe what they believe to be a violation of a statute or a regulation

administered by another agency, they will:

• notify the other agency of the observation; and

• cooperate with that agency in dealing with the situation to the extent this is
consistent with the Board’s mandate and the officers’ duties under the
Workers Compensation Act.

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(c) Authority under another statute or regulation or an agreement under

Section 114

In some situations, the specific terms of another statute or regulation or an agreement

with another agency under section 114 of the Workers Compensation Act may authorize
Board officers to exercise authority under other statutes or regulations that would not
generally be permitted.

EFFECTIVE DATE: October 1, 2001

AUTHORITY: s.108, Workers Compensation Act
CROSS REFERENCES: See also s.114, Workers Compensation Act
HISTORY: Housekeeping changes effective September 15, 2010 to remove
outdated background information, delete practice reference and make
formatting changes.
A housekeeping change was made on December 14, 2001.
APPLICATION: This Item applies to situations arising on and after October 1, 2001.

September 15, 2010 D1-108-1

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DIVISION 2

BOARD MANDATE

Division 2 of Part 3 of the Workers Compensation Act sets out the mandate and
jurisdiction of the Board under Part 3.

September 15, 2010

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RE: Assignment of Board Authority ITEM: D2-111-1

BACKGROUND

1. Explanatory Notes

Section 111 sets out the Board’s functions, duties and powers in matters relating to
occupational health and safety. The “Board” for this purpose is the corporation known
as the Workers’ Compensation Board.

The Board of Directors determines what persons should exercise the Board’s authority
in various areas or the mechanism for making that determination through policy under
section 82 of the Act.

2. The Act

Section 82(1):

The board of directors must

(a) set and revise as necessary the policies of the board of directors,
including policies respecting compensation, assessment, rehabilitation
and occupational health and safety, and

(b) set and supervise the direction of the Board.

Section 111(1):

In accordance with the purposes of this Part, the Board has the mandate to be
concerned with occupational health and safety generally, and with the
maintenance of reasonable standards for the protection of the health and safety
of workers in British Columbia and the occupational environment in which they
work.

Section 111(2):

In carrying out its mandate, the Board has the following functions, duties and
powers:

(a) to exercise its authority to make regulations to establish standards and

requirements for the protection of the health and safety of workers and the
occupational environment in which they work;

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(b) to undertake inspections, investigations and inquiries on matters of

occupational health and safety and occupational environment;

(c) to provide services to assist joint committees, worker health and safety
representatives, employers and workers in maintaining reasonable
standards for occupational health and safety and occupational
environment;

(d) to ensure that persons concerned with the purposes of this Part are
provided with information and advice relating to its administration and to
occupational health and safety and occupational environment generally;

(e) to encourage, develop and conduct or participate in conducting programs

for promoting occupational health and safety and for improving the
qualifications of persons concerned with occupational health and safety
and occupational environment;

(f) to promote public awareness of matters related to occupational health and

safety and occupational environment;

(g) to prepare and maintain statistics relating to occupational health and

safety and occupational environment, either by itself or in conjunction with
any other agency;

(h) to undertake or support research and the publication of research on

matters relating to its responsibilities under this Act;

(i) to establish programs of grants and awards in relation to its

responsibilities under this Act;

(j) to provide assistance to persons concerned with occupational health and

safety and occupational environment;

(k) to cooperate and enter into arrangements and agreements with

governments and other agencies and persons on matters relating to its
responsibilities under this Part;

(l) to make recommendations to the minister respecting amendments to this

Act, the regulations under this Part or Part 1 of this Act, or other legislation
that affects occupational health and safety or occupational environment;

(m) to inquire into and report to the minister on any matter referred to it by the
minister, within the time specified by the minister;

(n) to fulfill its mandate under this Part in a financially responsible manner;

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(o) to do other things in relation to occupational health and safety or

occupational environment that the minister or Lieutenant Governor in
Council may direct.

Section 113(1):

Subject to sections 239 and 240, the Board has exclusive jurisdiction to inquire
into, hear and determine all those matters and questions of fact and law arising
or required to be determined under this Part, and the action or decision of the
Board is final and conclusive and is not open to question or review in any court.

POLICY

The Board of Directors will exercise the following powers and responsibilities as set out
in Part 3:

• make recommendations to the minister under section 111(2)(l);

• make inquiries into matters referred by the minister under section 111(2)(m);

• comply with directions of the Lieutenant Governor in Council under section

111(2)(o);

• enter into formal agreements and arrangements with other agencies and
governments covered by section 114(2);

• make and amend Board regulations;

• grant exemptions from the application of Part 3 under section 106; and

• approve policies under Part 3 (section 82).

The President/Chief Executive Officer (CEO) has the authority to exercise the remaining
powers and responsibilities described in Part 3 and authority over claims cost levies
(section 73(1)). The President/CEO also has the authority to assign these powers and
responsibilities to divisions, departments, categories of officers or individual officers of
the Workers’ Compensation Board.

President/CEO assignments will state whether the assignee has the authority to further
assign the power or responsibility or whether it must be exercised personally.

The powers and responsibilities described in Part 3 and section 73(1) must be
exercised in accordance with the policies of the Board of Directors.

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The authority to approve prosecutions under section 214(2) is assigned by the Board of
Directors directly to the President/CEO and may not be delegated by the President/CEO
without approval of the Board of Directors.

PRACTICE

The assignments of the President/CEO will be in writing and publicly available.

EFFECTIVE DATE: March 24, 2010

AUTHORITY: ss. 82, 111, and 113(1), Workers Compensation Act
CROSS REFERENCES:
HISTORY: Item developed to implement the Workers Compensation (Occupational
Health and Safety) Amendment Act, 1998, effective October 1, 1999.
References to Panel of Administrators replaced by references to Board
of Directors, on February 11, 2003, to reflect the Workers Compensation
Amendment Act, 2002. Consequential changes subsequently made to
restatement of section 113(1) to implement the Workers Compensation
Amendment Act (No. 2), 2002, on March 3, 2003.

Amended March 24, 2010 to address authority over claims cost levies
and make other minor wording changes.
APPLICATION:

September 15, 2010 D2-111-1

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RE: Board Approval ITEM: D2-111-3

BACKGROUND

1. Explanatory Notes

Section 111 sets out the Board’s mandate under Part 3.

2. The Act

Section 111(1):

In accordance with the purposes of this Part, the board has the mandate to be
concerned with occupational health and safety generally, and with the
maintenance of reasonable standards for the protection of the health and safety
of workers in British Columbia and the occupational environment in which they
work.

Section 111(2), in part:

In carrying out its mandate, the board has the following functions, duties and
powers:
…
(c) to provide services to assist … employers and workers in
maintaining reasonable standards for occupational health and
safety and occupational environment;

(d) to ensure that persons concerned with the purposes of this Part are
provided with information and advice relating to its administration
and to occupational health and safety and occupational
environment generally ….

POLICY

A submission may be made to have a program, product, machine, equipment or work

process evaluated by the Board to determine if it is in compliance with current
provisions of Part 3 and the regulations.

The Board will review submissions from an employer, worker, union, or from industry in
general and will indicate acceptability or unacceptability under the current provisions of
Part 3 and the regulations. The review of submissions to the Board will be limited to an

December 15, 2011 D2-111-3

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assessment of those factors covered by the provisions of Part 3 and the regulations that
affect the health and safety of workers.

An acceptance will be conditional upon the use of the product, machinery or equipment
for its designed purpose, subject to such conditions as may be specified by the Board.
Any indication of compliance with the current provisions of Part 3 and the regulations
will not be an assurance of continued acceptability.

An acceptance, as described above, is not a general endorsement or certification by the

Board of that program, product, machinery, equipment, or work process.

EFFECTIVE DATE: December 15, 2011

AUTHORITY: s.111(1) and (2) (c) and (d), Workers Compensation Act
CROSS REFERENCES:
HISTORY: Policy amended December 15, 2011 to remove the introductory
sentence and amend the concluding paragraph.

Housekeeping changes effective September 15, 2010 to remove

reference to the Prevention Division, delete practice reference and make
formatting changes.

Replaces Policy No. 1.2.1 of the Prevention Division Policy and

Procedure Manual
APPLICATION: This Item results from the 2000/2001/2002 “editorial” consolidation of all
Prevention policies into the Prevention Manual. The POLICY in this Item
continues the substantive requirements of Policy No. 1.2.1, as they
existed prior to the Effective Date, with any wording changes necessary
to reflect legislative and regulatory changes since Policy No. 1.2.1 was
issued.

December 15, 2011 D2-111-3

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RE: Varying or Cancelling Previous ITEM: D2-113-1

Decisions or Orders

BACKGROUND

1. Explanatory Notes

Section 113(2) sets out the Board’s authority to make a new decision or order to vary or
cancel a previous decision or order made under Part 3. It is necessary to set out the
grounds on which the Board will exercise that authority.

A subsidiary issue relates to the requirements for providing notice and posting that must
be observed when the Board makes a new decision or order under section 113(2) to
vary or cancel an order. In these cases, it must give notice to the employer or other
person in relation to whom the order was made. If the person given notice was required
by or under Part 3 to post a copy of the original order or to provide copies of it to a joint
committee, worker representative or union, the person must post and provide copies of
the notice in accordance with the same requirements under section 189. The general
posting requirements in section 154 will apply where posting of the varying or cancelling
of an order is required.

2. The Act

Section 113(2) to (2.3):

113(2) Despite subsection (1), but subject to subsection (2.1) and sections 189(1)
and 190(4), the Board may at any time, on its own initiative, make a new
decision or order varying or cancelling a previous decision or order of the
Board or of any officer or employee of the Board respecting any matter
that is within the jurisdiction of the Board under this Part.

113(2.1) The Board may not make a decision or an order under subsection (2) if
(a) a review has been requested under section 96.2 in respect of the
previous decision or order, or
(b) an appeal has been filed under section 240 in respect of the
previous decision or order.

113(2.2) Despite subsection (1), the Board may review a decision or order made by
the Board or by an officer or employee of the Board under this Part but
only as specifically provided in sections 96.2 to 96.5.

113(2.3) Despite subsection (1), the Board may at any time set aside any decision
or order made by it or by an officer or employee of the Board under this

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Part if that decision or order resulted from fraud or misrepresentation of

the facts or circumstances upon which the decision or order was based.

Section 189:

(1) If the Board varies or cancels an order, it must give notice to the employer
or other person in relation to whom the order was made.

(2) If the person given notice under subsection (1) was required by or under
this Part to post a copy of the original order or to provide copies of it to a
joint committee, worker representative or union, the person must post and
provide copies of the notice in accordance with the same requirements.

POLICY

This policy addresses the Board’s authority, on its own initiative, to make new decisions
or orders varying or cancelling previous decisions or orders under section 113(2) of the
Act.

(a) “On Its Own Initiative”

It is significant that section 113(2) only authorizes the Board to make a new decision or
order varying or cancelling a previous decision or order under Part 3 “on its own
initiative”. This is to be contrasted with the Board’s authority to reopen a matter under
Part 1 “on its own initiative, or on application” under section 96(2) of the Act. It is also to
be contrasted with section 96.5 and section 256, which authorize a review officer and
the Appeal Tribunal, respectively, to reconsider decisions on application in certain
circumstances.

The use of the words “on its own initiative” in section 113(2), with no mention of “on
application”, and the availability of a review mechanism under sections 96.2 to 96.5,
indicate that the Board is not intended to set up a formal application process under
section 113(2) to resolve disputes that parties may have with decisions or orders.

Rather, the Board’s authority to vary or cancel is intended to provide a quality

assurance mechanism for the Board. The Board is given an opportunity to correct, on
its own initiative, any errors it may have made.

This does not, of course, preclude the Board from making a new decision or order
varying or cancelling a previous decision or order on the basis of information that may
be brought forward by an employer or other party to a decision or order.

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(b) Grounds

The Board may make a new decision or order varying or cancelling a previous decision
or order if there are grounds showing either an error of law or policy, or significant new
evidence, and the Board determines that either of these grounds require that the
previous decision or order be varied or cancelled.

(c) General Exercise of Authority

In considering whether to make a new decision that varies or cancels a previous

decision or order, the Board will take into account the length of time that has elapsed
since the decision or order was made. A delay since the previous decision or order was
made, in the absence of a reasonable explanation for the delay, is a ground for the
Board not to exercise its power to vary or cancel the previous decision or order without
considering the merits of the previous decision or order.

Before varying or cancelling a decision or order, the Board will advise any person that
may be affected by a new decision and provide an opportunity for these individuals to
make comments.

(d) Authority to Vary or Cancel Reviews and Appeals

The Act gives the Board the authority to make final decisions on the matter before it. It
also provides rights of review and appeal, but these are subject to time limits. The Act
shows a general intention as to how disputes concerning decisions or orders should be
resolved, and that there be finality in decision-making. This intention must be
considered when deciding whether to exercise the discretion provided by section 113(2)
to make a new decision varying or cancelling previous decisions or orders.

Subject to grounds being established as set out in (b) above, the Board may make a
new decision varying or cancelling a decision or order under section 113(2) on which an
available review or appeal was not commenced within the time allowed.

The Board will not, however, make a new decision or order under section 113(2) where
the merits of the previous decision have been the subject of a decision on a review by
the Review Division or an appeal by the Appeal Tribunal except in accordance with the
decision by the Review Division or Appeal Tribunal.

Nor will the Board normally make a new decision or order under section 113(2) where:

• there is a right to a review of the previous decision or order or a right of appeal to

the Appeal Tribunal; or

• the previous decision or order is being considered, or will be considered, for the
purpose of considering an administrative penalty or similar levy.

September 15, 2010 D2-113-1

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EFFECTIVE DATE: March 3, 2003

AUTHORITY: s.113, Workers Compensation Act
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Item developed to implement the Workers Compensation Amendment
Act (No. 2), 2002, effective March 3, 2003.
APPLICATION:

September 15, 2010 D2-113-1

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DIVISION 3

GENERAL DUTIES OF EMPLOYERS, WORKERS AND OTHERS

Division 3 of Part 3 of the Workers Compensation Act sets out general duties for
employers, workers, supervisors, owners, suppliers, and directors and officers. It
describes how persons may be subject to obligations in relation to more than one role
and allocates responsibilities when the same obligations apply to more than one person.
It also provides for coordination among the owner, prime contractor and employers at
multiple-employer workplaces.

September 15, 2010

 PREVENTION MANUAL

RE: General Duties – ITEM: D3-117-1

Supervisors

BACKGROUND

1. Explanatory Notes

Section 117 sets out the general duties of supervisors under Part 3.

2. The Act

Section 117(1):

Every supervisor must

(a) ensure the health and safety of all workers under the direct
supervision of the supervisor,

(b) be knowledgeable about this Part and those regulations applicable

to the work being supervised, and

(c) comply with this Part, the regulations and any applicable orders.

Section 117(2):

Without limiting subsection (1), a supervisor must

(a) ensure that the workers under his or her direct supervision

(i) are made aware of all known or reasonably foreseeable

health or safety hazards in the area where they work, and

(ii) comply with this Part, the regulations and any applicable
orders,

(b) consult and cooperate with the joint committee or worker health and
safety representative for the workplace, and

(c) cooperate with the board, officers of the board and any other
person carrying out a duty under this Part or the regulations.

September 15, 2010 D3-117-1

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POLICY

In determining whether Section 117 applies, the following guidelines will be considered:

• A supervisor is a person who instructs, directs and controls workers in the

performance of their duties.

• A supervisor need not have the title “supervisor”. He or she may have some
other title or have no title at all.

• The supervisor will normally be appointed by an employer as such, but a

person may be a supervisor without being specifically appointed by an
employer if, as a matter of fact, he or she instructs, directs and controls
workers in the performance of their duties. The employer himself or herself
may be a supervisor.

• “Direct supervision” may take place even though a worker may be located in a
different place than the supervisor or may travel to different places as part of
his or her work. Directions may be given by any communications medium.

EFFECTIVE DATE: October 1, 1999

AUTHORITY: s.117, Workers Compensation Act
CROSS REFERENCES: See also Multiple-Employer Workplaces (Item D3-118-1), Owners (Item
D3-119-1), Directors and Officers (Item D3-121-1), Overlapping
Obligations (D3-123/124-1)
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
APPLICATION:

September 15, 2010 D3-117-1

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RE: General Duties – ITEM: D3-118-1

Multiple-Employer Workplaces

BACKGROUND
1. Explanatory Notes

Section 118 sets out responsibilities at a “multiple employer workplace”. It

provides that the “prime contractor” is responsible for the coordination of
activities at these workplaces and defines “prime contractor” for this purpose.

2. The Act

Section 118(1):

In this section:

"multiple-employer workplace" means a workplace where workers of 2

or more employers are working at the same time;

"prime contractor" means, in relation to a multiple-employer workplace,

(a) the directing contractor, employer or other person who

enters into a written agreement with the owner of that
workplace to be the prime contractor for the purposes of this
Part, or

(b) if there is no agreement referred to in paragraph (a), the

owner of the workplace.

Section 118(2):

The prime contractor of a multiple-employer workplace must

(a) ensure that the activities of employers, workers and other persons
at the workplace relating to occupational health and safety are
coordinated, and

(b) do everything that is reasonably practicable to establish and

maintain a system or process that will ensure compliance with this
Part and the regulations in respect of the workplace.

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Section 118(3):

Each employer of workers at a multiple-employer workplace must give to the

prime contractor the name of the person the employer has designated to
supervise the employer's workers at that workplace.

POLICY

For sake of clarity, the following apply in determining whether there is a “multiple-
employer workplace” under section 118:

• Two or more adjacent workplaces do not constitute a "multiple-employer

workplace", even though the activities at one workplace might affect the
health and safety of workers at an adjacent workplace.

• It does not matter whether:

• workers of different employers are present at the same time

working on different projects; or

• workers of different employers are present at the same time

working on the same project.

In both cases, the workplace will generally be a “multiple-employer

workplace”.

• In determining whether “workers of 2 or more employers are working at

the same time”, the phrase “at the same time” will be given such fair, large
and liberal construction as may best attain the objectives of section 118.
“At the same time” does not mean that, at any precise point in time, there
are workers of 2 or more employers present in the workplace. Rather, it
means that, over an appropriate interval, there are workers of 2 or more
employers present in the workplace, whether or not the 2 or more groups
of workers are actually present together in the workplace at any precise
point in time at all. The duration of the interval of time to be considered
will depend upon the circumstances of the individual workplace.

• Whether the workers of the one employer come into actual contact with
the workers of the other employer does not generally affect the
determination of whether the workplace is a “multiple-employer
workplace”. An employer, the employer’s workers and their activities could
well affect the health and safety of another employer’s workers who come
into the workplace later in the day or on another day, even though there
may be no actual contact between the two groups of workers.

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However, the degree to which the activities of the first employer and its
workers affect the health and safety of the second employer’s workers will
generally affect the determination of the responsibilities of the prime
contractor and of the two employers under Part 3 and the regulations.

• Virtually all workplaces will be visited by workers of other employers. For

example, workers may deliver or pick up mail, goods or materials or enter
to inspect the premises. Short term visits of this type, even if regular, do
not make the workplace a “multiple-employer workplace” for purposes of
section 118(1).

The written agreement referred to in section 118(1) must be made available within a
reasonable time if requested by a Board officer.

There can be only one "prime contractor" at a workplace at any point in time. If an
owner enters into more than one agreement purporting to create a "prime contractor"
for the same period of time, the owner is considered to be the prime contractor.

EFFECTIVE DATE: October 1, 1999

AUTHORITY: s.118, Workers Compensation Act
CROSS REFERENCES: See also Supervisors (Item D3-117-1), Owners (Item D3-119-1),
Directors and Officers (Item D3-121-1), Overlapping Obligations
(D3-123/124-1)

HISTORY: Housekeeping changes effective September 15, 2010 to delete practice

reference and make formatting changes.
APPLICATION:

September 15, 2010 D3-118-1

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RE: General Duties – Owners ITEM: D3-119-1

BACKGROUND

1. Explanatory Notes

Section 119 of the Act sets out the general duties of owners under Part 3 of the Act.
This policy clarifies when these duties apply, and which owner(s) will be responsible for
compliance, in multiple owner situations.

2. The Act

Section 106:

“owner” includes

(a) a trustee, receiver, mortgagee in possession, tenant, lessee, licensee or

occupier of any lands or premises used or to be used as a workplace, and

(b) a person who acts for or on behalf of an owner as an agent or delegate.

Section 119:

Every owner of a workplace must

(a) provide and maintain the owner's land and premises that are being used as
a workplace in a manner that ensures the health and safety of persons at
or near the workplace,

(b) give to the employer or prime contractor at the workplace the information
known to the owner that is necessary to identify and eliminate or control
hazards to the health or safety of persons at the workplace, and

(c) comply with this Part, the regulations and any applicable orders.

POLICY
The purpose of this policy is to ensure that owners understand and fulfill their
responsibilities under section 119 of the Act, especially in multiple owner situations.
The term “owner” is defined broadly under the Act to include several parties such as the
person who holds the legal title to land or premises, a mortgagee in possession, a

September 15, 2010 D3-119-1

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tenant, a lessee, a licensee, a trustee, and any other occupier of lands or premises
used or to be used as a workplace.

Accordingly, more than one person may simultaneously meet the definition of the term
“owner” in respect of a particular workplace. For example, both the entity that holds
legal title to land and the entity that leases it for business purposes would qualify as
owners under the Act. In such circumstances, referred to as multiple owner situations,
all the owners of a particular workplace are responsible for fulfilling the duties set out in
section 119 of the Act, the regulations, and any applicable orders, subject to the Limited
Exemption under section 124 of the Act.

When the duties set out in section 119 of the Act have not been met by a party or
parties, and the Limited Exemption does not apply, Board officers will determine which
owner(s) should be held responsible for the violation. In making this determination,
Board officers will consider who had or should have had knowledge of, and control over,
the particular workplace. To assist in this consideration, a non-exhaustive list of factors
is set out below. When these factors are present, an owner will likely be held
responsible for or have to address an issue.

Category 1: Knowledge

1. The owner knew or should have known that:

(a) persons would be at or near the land and premises that were being used
as a workplace, and
(b) the health and safety of such persons might be harmed by the condition or
use of the workplace, and
(c) the extent of the harm, if it occurred, would be more than minor or trivial.

Category 2: Control

2. The owner had some control or influence over the safety of the workplace in that
the owner:

(a) could practicably have taken measures necessary to eliminate or reduce

either:
(i) the risk of the potential harm, or
(ii) the extent of the potential harm,

to persons at or near the workplace; or

September 15, 2010 D3-119-1

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(b) possessed material information and either:

(i) failed to communicate all this information to the persons at or near
the workplace and thus, prevented them from taking measures to
protect themselves, or
(ii) communicated all this information to the persons at or near the
workplace, but then unreasonably expected those persons to take
the required precautions against a particular hazard.

EFFECTIVE DATE: December 1, 2004

AUTHORITY: s.119, Workers Compensation Act
CROSS REFERENCES: See also sections 73(1) (Claims Cost Levy) and 111 (Board’s mandate
under this Part) of the Act; Part 3, Divisions 3 (General Duties of
Employers, Workers and Others), 12 (Enforcement), and 15 (Offences)
of the Act; Policies in the Prevention Manual in Divisions 3 (General
Duties of Employers, Workers and Others), 12 (Enforcement).
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
On December 1, 2004, provisions of the Act with respect to multiple
owner situations were clarified, and the list of factors which Board
officers consider before holding an owner responsible for a compliance
issue were rewritten in a more directive manner.
APPLICATION: To all situations in which an owner has responsibilities under section 119
of the Act on or after December 1, 2004.

September 15, 2010 D3-119-1

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RE: General Duties – ITEM: D3-121-1

Directors and Officers of a Corporation

BACKGROUND
1. Explanatory Notes

Section 121 sets out the duties of directors and officers of a corporation. The provision
should be read in conjunction with Section 213(2).

2. The Act

Section 121:

Every director and every officer of a corporation must ensure that the corporation
complies with this Part, the regulations and any applicable orders.

Section 213:

(1) A person who contravenes a provision of this Part, the regulations or an

order commits an offence.

(2) If a corporation commits an offence referred to in subsection (1), an

officer, director or agent of the corporation who authorizes, permits or
acquiesces in the commission of the offence also commits an offence.

(3) Subsection (2) applies whether or not the corporation is prosecuted for the
offence.

POLICY
The Board will not automatically issue an order to officers, directors or agents of a
corporation each time an order is written to the corporation.

The Board will, however, issue orders to officers, directors or agents where there is
evidence that they were responsible for the failure by the corporation. Being
“responsible” includes authorizing, permitting or acquiescing in the failure.

September 15, 2010 D3-121-1

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EFFECTIVE DATE: October 1, 1999

AUTHORITY: ss.121 and 213, Workers Compensation Act
CROSS REFERENCES: See also Supervisors (Item D3-117-1), Multiple-Employer Workplaces
(Item D3-118-1), Owners (Item D3-119-1), Overlapping Obligations
(D3-123/124-1)
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
APPLICATION:

September 15, 2010 D3-121-1

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RE: General Duties – ITEM: D3-123/124-1

Overlapping Obligations

BACKGROUND
1. Explanatory Notes

Section 123 of the Act describes how persons may be subject to obligations in relation
to more than one role. Section 124 of the Act explains what can happen when more
than one person is responsible for fulfilling the same obligations. This policy provides
guidance on when a party with obligations under the Act will be held responsible for a
violation of these responsibilities despite the fact that one or more other parties share
the same obligations.

2. The Act

Section 123:

(1) In this section, "function" means the function of employer, supplier,

supervisor, owner, prime contractor or worker.

(2) If a person has 2 or more functions under this Part in respect of one
workplace, the person must meet the obligations of each function.

Section 124:

If

(a) one or more provisions of this Part or the regulations impose the
same obligation on more than one person, and

(b) one of the persons subject to the obligation complies with the
applicable provision,

the other persons subject to the obligation are relieved of that obligation only
during the time when

(c) simultaneous compliance by more than one person would result in

unnecessary duplication of effort and expense, and

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(d) the health and safety of persons at the workplace is not put at risk
by compliance by only one person.

POLICY
The purpose of this policy is to ensure that all of the duties under the Act are effectively
fulfilled despite the fact that multiple parties may share the same responsibilities.

All parties with duties under the Act may be able to affect the health and safety of
persons at or near a workplace. Any and all of these parties may be cited for violations
of their statutory duties regardless of whether or not another person has fulfilled his or
her statutory responsibilities.

Under section 124 of the Act, one person may be relieved of his or her obligations under
Part 3 of the Act or the regulations if:
• another person who is subject to the same obligations complies with those
obligations, and
• simultaneous compliance by more than one person would result in unnecessary
duplication of effort and expense, and
• the health and safety of persons at the workplace would not be put at risk by the
compliance of only one person.

The first requirement of this Limited Exemption means that persons who have the same
duty under the Act or regulations may agree amongst themselves as to who should
perform it. The Board is neither bound by any agreements of this nature, nor by
whether the terms of the agreement are complied with. The Board’s primary concern is
that the duty in question is fulfilled.

Further, even if the first requirement is satisfied, the Limited Exemption will only apply if
the Board determines that the second and third requirements set out in section 124 are
also satisfied. The third requirement of the Limited Exemption will not be met if
performance of the occupational health and safety duty by one person leaves health
and safety risks that would be eliminated by others performing their duty.

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EFFECTIVE DATE: December 1, 2004

AUTHORITY: ss.123 and 124, Workers Compensation Act
CROSS REFERENCES: See also sections 73(1) (Claims Cost Levy) and 111 (Board’s mandate
under this Part) of the Act; Part 3, Divisions 3 (General Duties of
Employers, Workers and Others), 12 (Enforcement), and 15 (Offences)
of the Act; Policies in the Prevention Manual in Divisions 3 (General
Duties of Employers, Workers and Others), 12 (Enforcement).
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
On December 1, 2004, provisions of the Act with respect to overlapping
obligations were clarified.
APPLICATION: To all situations in which more than one party shares the same
obligations under Part 3 of the Act or the regulations on or after
December 1, 2004.

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DIVISION 4

JOINT COMMITTEES AND WORKER REPRESENTATIVES

Division 4 of Part 3 of the Workers Compensation Act provides for the establishment
and maintenance of joint health and safety committees in certain circumstances. It sets
out committee membership requirements and selection criteria, duties and functions,
procedures, members’ entitlement to time off work and educational leave, and various
employer obligations.

Division 4 also provides for the selection of a worker health and safety representative in
certain other circumstances, the representative’s duties and functions, the
representative’s entitlements and the employer’s obligations to the representative.

September 15, 2010

 PREVENTION MANUAL

RE: Joint Committees – ITEM: D4-125-1

When a Committee is Required

BACKGROUND
1. Explanatory Notes

Section 125 sets out the requirement for a joint committee in certain circumstances.

Section 127 sets out membership requirements.

2. The Act

Section 125:

An employer must establish and maintain a joint health and safety committee

(a) in each workplace where 20 or more workers of the employer are

regularly employed, and

(b) in any other workplace for which a joint committee is required by

order.

Section 127:

A joint committee for a workplace must be established in accordance with the

following:

(a) it must have at least 4 members or, if a greater number of members

is required by regulation, that greater number;

(b) it must consist of worker representatives and employer

representatives;

(c) at least half the members must be worker representatives;

(d) it must have 2 co-chairs, one selected by the worker

representatives and the other selected by the employer
representatives.

September 15, 2010 D4-125-1

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POLICY
A joint health and safety committee is an important prevention tool. People who work at
a particular workplace and who are knowledgeable or trained in the operations of that
workplace can make a positive contribution to preventing workplace injuries and
illnesses.

Section 125 expands the requirement for joint committees significantly beyond what
was required prior to the implementation of the Workers Compensation (Occupational
Health and Safety) Amendment Act, 1998. In administering section 125, the Board will
be mindful of the intent evidenced by this expansion.

(a) Section 125(a)

Section 125(a) requires a joint health and safety committee “in each workplace where
20 or more workers of the employer are regularly employed”. A workplace will fall
within the terms of this provision if the employer has 20 or more workers who have been
employed at the workplace for a period of not less than one month.

All workers are considered for this purpose regardless of how the employer or workers
may define their status.

The 20 or more workers must be at one workplace before a committee is required under
section 125(a). The fact that the employer may have 20 or more workers spread over
several workplaces is not sufficient. However, the Board may order that a committee
be established in such a case if warranted under the criteria set out below.

(b) Section 125(b)

Before the Board may order the establishment of a committee under section 125(b), the
Board must be satisfied that a committee is required to deal with common health and
safety issues arising at the workplace. The Board must consider:

• the nature of the hazards at the workplace;

• the extent and effectiveness of the employer’s occupational health and safety
program;

• the availability of alternative ways of dealing with the health and safety issues
arising at the workplace;

September 15, 2010 D4-125-1

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• whether a worker health and safety representative has been appointed;

• the number of workers at the workplace; and

• any other relevant circumstances.

EFFECTIVE DATE: October 1, 1999

AUTHORITY: s.125, Workers Compensation Act
CROSS REFERENCES: See also Joint Committees - Worker Health and Safety Representatives
(Item D4-139-1)
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
APPLICATION:

September 15, 2010 D4-125-1

Page 3 of 3
 PREVENTION MANUAL

RE: Joint Committees – ITEM: D4-132/133-1

Procedures and Resolving Disagreements

BACKGROUND
1. Explanatory Notes

A number of provisions in Division 4 provide for a referral to the Board for resolution of
various disagreements. These provisions include:

• a dispute over the process for selecting worker representatives for the
committee (s. 128);

• a dispute over joint committee rules of procedure, including rules respecting

how it is to perform its duties and functions (ss.132 and 133);

• if a joint committee is unable to reach agreement on a matter relating to the

health or safety of workers at the workplace (s.132);

• if the employer does not accept the joint committee’s recommendations with
respect to a particular matter (s.133(3)); and

• if the joint committee is not satisfied that the employer’s explanation for a
delay in responding to the committee’s recommendations is reasonable in
the circumstances (s.133(5)).

Policy is required as to when the Board will investigate a matter under these provisions.

2. The Act

Section 128:

(1) The worker representatives on a joint committee must be selected from

workers at the workplace who do not exercise managerial functions at that
workplace, as follows:

(a) if the workers are represented by one or more unions, the worker
representatives are to be selected according to the procedures
established or agreed on by the union or unions;

(b) if none of the workers are represented by a union, the worker

representatives are to be elected by secret ballot;

September 15, 2010 D4-132/133-1

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(c) if some of the workers are represented by one or more unions and
some are not represented by a union, the worker representatives
are to be selected in accordance with paragraphs (a) and (b) in
equitable proportion to their relative numbers and relative risks to
health and safety;

(d) if the workers do not make their own selection after being given the
opportunity under paragraphs (a) to (c), the employer must seek
out and assign persons to act as worker representatives.

(2) The employer or a worker may request the board to provide direction as to
how an election under subsection (1) (b) is to be conducted.

(3) The employer, or a union or a worker at a workplace referred to in

subsection (1) (c), may request the board to provide direction as to how
the requirements of that provision are to be applied in the workplace.

Section 131:

(1) Subject to this Part and the regulations, a joint committee must establish
its own rules of procedure, including rules respecting how it is to perform
its duties and functions.

(2) A joint committee must meet regularly at least once each month, unless
another schedule is permitted or required by regulation or order.

Section 132:

If a joint committee is unable to reach agreement on a matter relating to the

health or safety of workers at the workplace, a co-chair of the committee may
report this to the board, which may investigate the matter and attempt to resolve
the matter.

Section 133:

(1) This section applies if a joint committee sends a written recommendation

to an employer with a written request for a response from the employer.

(2) Subject to subsections (4) and (5), the employer must respond in writing to
the committee within 21 days of receiving the request, either

(a) indicating acceptance of the recommendation, or

September 15, 2010 D4-132/133-1

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(b) giving the employer's reasons for not accepting the

recommendation.

(3) If the employer does not accept the committee's recommendations, a co-
chair of the committee may report the matter to the board, which may
investigate and attempt to resolve the matter.

(4) If it is not reasonably possible to provide a response before the end of the
21 day period, the employer must provide within that time a written
explanation for the delay, together with an indication of when the response
will be provided.

(5) If the joint committee is not satisfied that the explanation provided under
subsection (4) is reasonable in the circumstances, a co-chair of the
committee may report this to the board, which may investigate the matter
and may, by order, establish a deadline by which the employer must
respond.

(6) Nothing in this section relieves an employer of the obligation to comply

with this Part and the regulations.

POLICY
In determining whether to investigate matters in order to resolve disagreements under
Division 4, the Board will consider:

• the Board’s statutory authority to investigate in the particular situation;

• whether there is an immediate hazard that needs to be resolved;

• whether the issue is significant in terms of preventing injuries and illnesses;

• whether there is an alternative method for resolving the issue; and

• whether the Board is likely to be able to resolve the issue.

Where the Board does investigate, the extent and nature of investigations will depend
on the circumstances. Not all investigations will involve a visit to the workplace.

With regard to sections 132 and 133(3), the investigating officer will, where applicable,
make relevant determinations as to whether the Act and regulations are being complied
with or whether an unsafe situation exists. If the disagreement involves matters going
beyond what is specifically required to comply with the regulations, the officer may

September 15, 2010 D4-132/133-1

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discuss the issue with the parties and suggest options but will not decide the
disagreement.

If the employer fails to make any response at all or to meet a deadline set by the Board
under section 133(5), the Board may order that a response be made under section 187
and/or take whatever other enforcement action may be appropriate.

Joint committees themselves have the authority to determine the constitution of the
committee, to the extent that this is not covered by Part 3 or the regulations.

EFFECTIVE DATE: October 1, 1999

AUTHORITY: ss.128, 131, 132 and 133; Workers Compensation Act
CROSS REFERENCES: See also Joint Committees – Time off Work (Item D4-134-1), Educational
Leave (Item D4-135-1), Employer Must Post Committee Information
(Item D4-138-1), Worker Health and Safety Representative (Item
D4-139-1)
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
APPLICATION:

September 15, 2010 D4-132/133-1

Page 4 of 4
 PREVENTION MANUAL

RE: Joint Committees – ITEM: D4-134-1

Time Off Work

BACKGROUND
1. Explanatory Notes

Section 134 sets out the right of joint committee members to take time off from work for
certain purposes and to be paid for that time.

2. The Act

Section 134:

(1) A member of a joint committee is entitled to time off from work for

(a) the time required to attend meetings of the committee, and

(b) other time that is reasonably necessary to prepare for meetings of

the committee and to fulfill the other functions and duties of the
committee.

(2) Time off under subsection (1) is deemed to be time worked for the
employer, and the employer must pay the member for that time.

POLICY
Members of joint health and safety committees are entitled to take time off from work for
the purposes set out in section 134. What constitutes “reasonably necessary” time in
section 134(1)(b) will depend on the circumstances including:

• the role of the member on the committee; and

• the health and safety conditions at the workplace.

If the employer is concerned about the amount of time spent on committee activities, the
employer should raise this issue with the committee through its representatives.

September 15, 2010 D4-134-1

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If a member of the committee considers that the employer is not allowing the member
the time to which he or she is entitled under section 134, the member may, after raising
the matter with the committee and the employer, complain to the Board. The Board will
investigate the matter. Depending upon its findings, the Board may:

• decide that no further action is appropriate;

• attempt to resolve the dispute; or

• make an order under section 187 requiring the employer to comply with
section 134.

If the employer does not pay the worker's wages for time properly taken under section
134, a complaint can be made to the Board under section 152.

The employer has the right to manage the workplace and determine how much time
workers spend on different activities. However, the employer’s right is subject to the Act
and the regulations. In dealing with matters covered by section 134, the employer must
exercise the right in a manner consistent with the purpose and intent of section 134.

EFFECTIVE DATE: October 1, 1999

AUTHORITY: s.134, Workers Compensation Act
CROSS REFERENCES: See also s. 154, Workers Compensation Act; Joint Committees –
Procedures and Resolving Disagreements (Item D4-132/133-1) and
Discriminatory Actions/Failure to Pay Wages – Scope (Item D6-
150/151/152-1)
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
APPLICATION:

September 15, 2010 D4-134-1

Page 2 of 2
 PREVENTION MANUAL

RE: Joint Committees – ITEM: D4-135-1

Educational Leave

BACKGROUND
1. Explanatory Notes

Section 135 provides for educational leave for members of joint committees. Section
135(3) requires the employer to provide the leave without loss of pay or other benefits.

2. The Act

Section 135:

(1) Each member of a joint committee is entitled to an annual educational

leave totalling 8 hours, or a longer period if prescribed by regulation, for
the purposes of attending occupational health and safety training courses
conducted by or with the approval of the Board.

(2) A member of the joint committee may designate another member as being
entitled to take all or part of the member's educational leave.

(3) The employer must provide the educational leave under this section
without loss of pay or other benefits and must pay for, or reimburse the
worker for, the costs of the training course and the reasonable costs of
attending the course.

POLICY
Members of joint health and safety committees are entitled to take time off from work to
attend occupational health and safety training courses conducted by or with the
approval of the Board.

Decisions as to when members will attend courses, what courses they will attend and at
what time and place will normally be made as follows:

• An individual member will bring his or her request to the committee.

• If the committee agrees, the committee will forward the request to the
employer.

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• If the committee does not agree, or is unable to come to a decision within a

reasonable time, the individual member may forward the request to the
employer.

• Upon receiving a request from either the committee or the individual member,
the employer will make its decision within a reasonable time. The employer
will give reasons in writing where required by section 133. In making its
decision, the employer must act in a manner consistent with the purpose and
intent of section 135. Permission must not be unreasonably denied.

If a member of the committee considers that the employer is not allowing the member
the leave to which he or she is entitled under section 135, the member may, after
following the above process, complain to the Board. The Board will investigate the
matter. Depending upon its findings, the Board may:

• decide that no further action is appropriate;

• attempt to resolve the dispute; or

• make an order under section 187 requiring the employer to comply with
section 135.

If the employer does not pay a worker’s wages for leave taken under section 135, a
complaint can be made to the Board under section 152.

EFFECTIVE DATE: July 1, 2003

AUTHORITY: s.135, Workers Compensation Act
CROSS REFERENCES: See also s. 152, Workers Compensation Act; Joint Committees –
Procedures and Resolving Disagreements (Item D4-132/133-1),
Discriminatory Actions/Failure to Pay Wages – Investigation of Complaint
(Item D6-153-1) and Orders – General Authority (Item D12-187-1)
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Item developed to implement the Workers Compensation (Occupational
Health and Safety) Act, 1998, effective October 1, 1999. Effective July 1,
2003 subsequent minor change made to correct an error in statutory
citation; section 133(3) was removed and replaced with section 133.
APPLICATION:

September 15, 2010 D4-135-1

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RE: Joint Committees – ITEM: D4-139-1

Worker Health and Safety Representative

BACKGROUND
1. Explanatory Notes

Section 139 sets out the requirement for a worker health and safety representative in
certain workplaces. With respect to section 139(4), the matters covered by sections
133 to 136 include:

• time off work under section 134 that is “reasonably necessary” to fulfill the
representative’s duties and functions;

• eight hours annual educational leave under section 135;

• the obligation of the employer to respond to recommendations under section

133, and for the representative to apply to the Board if the employer delays
the response or rejects the recommendation; and

• the obligation of the employer to provide other administrative support, and

information, under section 136.

2. The Act

Section 139:

(1) A worker health and safety representative is required

(a) in each workplace where there are more than 9 but fewer than 20
workers of the employer regularly employed, and

(b) in any other workplace for which a worker health and safety
representative is required by order of the board.

(2) The worker health and safety representative must be selected in

accordance with section 128 from among the workers at the workplace
who do not exercise managerial functions at that workplace.

(3) To the extent practicable, a worker health and safety representative has
the same duties and functions as a joint committee.

September 15, 2010 D4-139-1

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(4) Sections 133 to 136 apply in relation to a worker health and safety
representative as if the representative were a joint committee or member
of a joint committee.

POLICY
A worker health and safety representative is required in each workplace where “there
are more than 9 but fewer than 20 workers of the employer regularly employed”. A
workplace will fall within the terms of this provision if it normally has more than 9 but
fewer than 20 workers who have been employed at the workplace for a period of not
less than one month.

In deciding whether to order a worker health and safety representative under section
139(1)(b), the Board will follow the same criteria as when deciding whether to order a
joint committee under section 125(b). Where the Board orders a joint committee under
section 125(b), a worker health and safety representative under section 139(1)(a) is not
required.

In interpreting section 139(4), the right to take time off work to attend and prepare for
joint committee meetings under section 134 does not apply to a sole worker health and
safety representative.

EFFECTIVE DATE: October 1, 1999

AUTHORITY: s.139, Workers Compensation Act
CROSS REFERENCES: See also s. 125(b), Workers Compensation Act; Joint Committees –
When a Committee is Required (Item D4-125-1)
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
APPLICATION:

September 15, 2010 D4-139-1

Page 2 of 2
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RE: Joint Committees – ITEM: D4-140-1

Participation of Worker Representative in Inspections

BACKGROUND

1. Explanatory Notes

These sections provide for the participation of a worker member from the joint
committee, the worker health and safety representative or another worker
representative on inspections.

2. The Act

Section 140:

If

(a) this Part or the regulations give a worker representative the right to
be present for an inspection, investigation or inquiry at a workplace,
and

(b) no worker representative is reasonably available,

the right may be exercised by another worker who has previously been
designated as an alternate by the worker representative.

Section 182(1)(b):

(1) Subject to this section, if an officer makes a physical inspection of a

workplace under section 179,

(a) the employer or a representative of the employer, and

(b) a worker representative or, if there is no worker representative or

the worker representative is not reasonably available, a reasonably
available worker selected by the officer as a representative,

are entitled to accompany the officer on the inspection.

September 15, 2010 D4-140-1

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Section 106:

“worker representative" means

(a) in relation to a workplace for which there is a joint committee, a

worker representative on the committee, and

(b) in relation to a workplace for which there is a worker health and

safety representative, that representative

POLICY

There is no POLICY for this Item.

PRACTICE
The Board will only exercise the authority under section 182 to select a worker
representative if the actual worker representative fails to designate an alternate under
section 140 or if the designated alternative is not available.

EFFECTIVE DATE: October 1, 1999

AUTHORITY: s.140, 182, Workers Compensation Act
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to make formatting
changes.
APPLICATION:

September 15, 2010 D4-140-1

Page 2 of 2
 PREVENTION MANUAL

DIVISION 6

PROHIBITION AGAINST DISCRIMINATORY ACTION

Division 6 of Part 3 of the Workers Compensation Act prohibits employers and unions
from taking or threatening discriminatory action against workers. It defines
“discriminatory action”, outlines processes for workers to make complaints and the
Board to investigate a complaint and provides for various remedies which the Board
may award to the worker if the Board determines that discriminatory action has
occurred.

Division 6 also allows workers to make complaints when employers fail to pay wages
required by Part 3 or the regulations and authorizes the Board to investigate and award
remedies where appropriate.

September 15, 2010

 PREVENTION MANUAL

RE: Discriminatory Actions/ ITEM: D6-150/151/152-1

Failure to Pay Wages –
Scope

BACKGROUND
1. Explanatory Notes

Workers have a right to complain to the Board regarding:

• “discriminatory action” by their employer or union; or

• the failure by their employer to pay wages required by Part 3 or the

regulations.

“Discriminatory action” includes any act or omission by an employer or union, or a

person acting on behalf of an employer or union, that adversely affects a worker with
respect to any term or condition of employment, or of membership in a union.

The Act defines “discriminatory action” by including within it certain matters. The phrase
could also include other matters that normally fall within the meaning of “discrimination”.
However, the Act only provides rights for a worker when the “discriminatory action”
relates to the matters outlined in section 151.

Section 152 describes how a worker, who considers that the worker’s employer or union
has taken, or threatened to take, discriminatory action against the worker or has failed
to pay the wages required by Part 3 or the regulations, may make a complaint to the
Board. It includes the time limits within which the complaint must be made.

2. The Act

Section 150:

(1) For the purposes of this Division, "discriminatory action" includes any
act or omission by an employer or union, or a person acting on behalf of
an employer or union, that adversely affects a worker with respect to any
term or condition of employment, or of membership in a union.

(2) Without restricting subsection (1), discriminatory action includes

(a) suspension, lay-off or dismissal,

September 15, 2010 D6-150/151/152-1

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(b) demotion or loss of opportunity for promotion,

(c) transfer of duties, change of location of workplace, reduction in

wages or change in working hours,

(d) coercion or intimidation,

(e) imposition of any discipline, reprimand or other penalty, and

(f) the discontinuation or elimination of the job of the worker.

Section 151:

An employer or union, or a person acting on behalf of an employer or union, must

not take or threaten discriminatory action against a worker

(a) for exercising any right or carrying out any duty in accordance with
this Part, the regulations or an applicable order,

(b) for the reason that the worker has testified or is about to testify in
any matter, inquiry or proceeding under this Act or the Coroners Act
on an issue related to occupational health and safety or
occupational environment, or

(c) for the reason that the worker has given any information regarding
conditions affecting the occupational health or safety or
occupational environment of that worker or any other worker to

(i) an employer or person acting on behalf of an employer,

(ii) another worker or a union representing a worker, or

(iii) an officer or any other person concerned with the

administration of this Part.

Section 152:

(1) A worker who considers that

(a) an employer or union, or a person acting on behalf of an employer

or union, has taken, or threatened to take, discriminatory action
against the worker contrary to section 151, or

September 15, 2010 D6-150/151/152-1

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(b) an employer has failed to pay wages to the worker as required by

this Part or the regulations

may have the matter dealt with through the grievance procedure under a
collective agreement, if any, or by complaint in accordance with this
Division.

(2) A complaint under subsection (1) must be made in writing to the Board,

(a) in the case of a complaint referred to in subsection (1) (a), within 1

year of the action considered to be discriminatory, and

(b) in the case of a complaint referred to in subsection (1) (b), within 60

days after the wages became payable.

(3) In dealing with a matter referred to in subsection (1), whether under a

collective agreement or by complaint to the Board, the burden of proving
that there has been no such contravention is on the employer or the union,
as applicable.

POLICY
Section 152 applies to a failure of the employer to pay wages to the worker as required
by the Part.

Some sections do not use the term "wages", but require the worker to be paid for lost
time, notably:

• 134(2) (time off work by members of joint committees);

• 135(3) (educational leave for committee members - section 152 only applies to
the payment of wages, not other costs such as travel expenses );

• 182(4) (worker accompanying inspection); and

• 192(1) (lay off resulting from stop work order).

As the payments under these sections are in substances "wages", a failure to pay them
may be remedied by a complaint under section 152.

September 15, 2010 D6-150/151/152-1

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EFFECTIVE DATE: July 1, 2003

AUTHORITY: ss. 150, 151, and 152 Workers Compensation Act
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Item developed to implement the Workers Compensation (Occupational
Health and Safety) Act, 1998, effective October 1, 1999. Effective July 1,
2003 minor change made to strike out references to sections 147 and
148, as these sections were never proclaimed into effect.
APPLICATION:

September 15, 2010 D6-150/151/152-1

Page 4 of 4
 PREVENTION MANUAL

RE: Discriminatory Actions/ ITEM: D6-153-1

Failure to Pay Wages –
Investigation of Complaint

BACKGROUND
1. Explanatory Notes

Upon receipt of a complaint, the Board must immediately inquire into the matter.

In dealing with a matter regarding discriminatory action, the burden of proving there has
been no such contravention is on the employer or the union, as applicable.

2. The Act

Section 153(1):

If the board receives a complaint under section 152 (2), it must immediately
inquire into the matter and, if the complaint is not settled or withdrawn, must

(a) determine whether the alleged contravention occurred, and

(b) deliver a written statement of the board's determination to the

worker and to the employer or union, as applicable.

POLICY

When the Board receives a complaint from a worker within the time frame allowed by
section 152(2), the Board will, where further information is needed, carry out an initial
inquiry to establish the basic facts alleged by the worker and to determine whether, if
accurate, they fall within the terms of section 152. Inquiry will also be made as to what
remedy the worker is seeking.

Copies of documents supplied by the worker, as well as the results of any Board inquiry,
will be provided to the employer or union against whom the complaint is made. The
employer or union will then be given time to meet its onus under section 152(3) of
proving that no contravention of the Act or regulations took place and to comment on
the remedy proposed by the worker. The worker will be provided with a copy of the
Board's investigation as well as any response to the complaint by the employer or
union, and given an opportunity to respond.

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Further inquiries by the Board may then be made, as well as exchanges of submissions
and information that may be required by the rules of natural justice. An oral hearing is
not required, but may be held if the Board considers it necessary to properly decide a
complaint.

The worker may withdraw a complaint at any time, settle the dispute privately with the
employer or union, or pursue alternative remedies under a collective agreement.

The worker cannot pursue both a grievance under a collective agreement and a
complaint to the Board regarding the same alleged discriminatory action or failure to pay
wages. The worker is required to elect between the two processes.

If the worker elects to pursue a grievance under a collective agreement, but the union
decides not to pursue the grievance, the worker may revoke his or her election within 30
days of the union’s decision and pursue a complaint to the Board. The complaint must,
however, still be made within one year of the action considered to be discriminatory or
within 60 days after the wages became payable.

PRACTICE

The Board will consider granting an oral hearing when:

• there is a significant issue of credibility;

• there is evidence that must be presented orally;

• the decision to be reviewed raises an issue of general significance; or

• there are other grounds for having an oral hearing.

EFFECTIVE DATE: October 1, 1999

AUTHORITY: s.153(1), Workers Compensation Act
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to replace a
reference to reviewing officer with the Board and make formatting
changes.

APPLICATION:

September 15, 2010 D6-153-1

Page 2 of 2
 PREVENTION MANUAL

RE: Discriminatory Actions/ ITEM: D6-153-2

Failure to Pay Wages –
Remedies

BACKGROUND
1. Explanatory Notes

Section 153(2) sets out the remedies that the Board may order if the Board, after
investigation, determines that there has been discriminatory action or a failure to pay
wages.

2. The Act

Section 153(2):

If the board determines that the contravention occurred, the board may make an
order requiring one or more of the following:

(a) that the employer or union cease the discriminatory action;

(b) that the employer reinstate the worker to his or her former
employment under the same terms and conditions under which the
worker was formerly employed;

(c) that the employer pay, by a specified date, the wages required to
be paid by this Part or the regulations;

(d) that the union reinstate the membership of the worker in the union;

(e) employer's or union's records on the worker be removed;

(f) that the employer or the union pay the reasonable out of pocket
expenses incurred by the worker by reason of the discriminatory
action;

(g) that the employer or the union do any other thing that the board
considers necessary to secure compliance with this Part and the
regulations.

September 15, 2010 D6-153-2

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POLICY

(a) Object of awarding remedies

The Board’s object in exercising these powers is, as far as is practicable, to put the
worker in the same position as the worker would have been if the discriminatory action
or the failure to pay wages had not occurred. This may involve measuring not only the
worker’s actual loss, but determining whether there were any measures the worker
could have reasonably taken to reduce or eliminate that loss.

(b) Factors considered in awarding remedies

The factors considered in determining the worker’s loss include:

• whether the worker has tried to eliminate or reduce the loss and, if the worker
has not done so, whether it would have been reasonable for the worker to have
tried;

• any collateral benefits the worker has received from the employer (collateral
benefits from a source other than the employer, such as employment insurance
and private insurance benefits, are not to be considered); and

• other circumstances affecting the worker’s loss that arise independently of the
worker’s conduct after the discriminatory action or failure to pay wages has
occurred, for example, the closure of the place of employment.

(c) Explanation of Specific Remedies

Reinstatement to employment

The Board may order reinstatement to employment retroactive to when the

discriminatory action occurred.

Payment of wages

The Board may make orders with respect to payment of wages in a variety of
circumstances. These include:

• an order for reinstatement that requires the employer to pay back wages,
reinstate benefits retroactively and perform other incidental acts. The
authority to do this is found in section 153(2)(b);

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• an order that requires the employer to pay, by a specified date, the wages
required to be paid under Part 3 or the regulations. The authority to do this is
found in section 153(2)(c); and

• an order that requires an employer to reimburse the loss of pay where the
discriminatory action involved the employer reducing the worker’s pay. The
authority to do this is found in section 153(2)(g).

The wages, salaries and other employment benefits covered by these provisions
are those falling within the definition of “wages” in the Employment Standards
Act. This definition does not include every payment or benefit that workers
receive as a result of their employment.

Expenses

The Board has discretion to order the employer or union to pay reasonable out-
of-pocket expenses incurred by the worker by reason of the discriminatory action.

Since the Board carries out the initial inquiry that is necessary to establish the
basic facts of the worker's complaint, the worker does not need to incur costs in
making a complaint. If the worker feels that a particular inquiry is needed, he or
she can request the Board to do this.

The employer or union will meet their own costs of proving that no contravention
of the Act took place and responding to any material supplied by the Board or
arising out of the Board's inquiry.

Where a complaint is upheld, the Board will not normally make orders that the
employer or union pay legal or other costs incurred by the worker in order to
pursue the complaint. Similarly, where the complaint is not upheld, the Board will
not normally order the worker to pay the legal and other costs of the employer or
union. Such orders may be made under section 100 of the Act in exceptional
situations. These include where there has been flagrant abuse by the employer,
worker or union of their rights and responsibilities under the Act and regulations.

(d) Other action by the employer or union

The Board’s authority to award remedies under section 153(2) extends only to
discriminatory action or failure to pay wages as defined by Division 6. It does not apply
to other actions that may be taken by an employer or union.

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(e) Other action by the Board

These remedies only apply when there has been a formal written complaint by the
worker.

However, the Board may use its other enforcement powers, including an administrative
penalty under section 196, to address discriminatory actions or failures to pay wages,
whether there has been a formal written complaint or not.

EFFECTIVE DATE: October 1, 1999

AUTHORITY: s. 153(2), Workers Compensation Act
CROSS REFERENCES: See also ss. 100, 106 (Definition of “wages”), Workers Compensation
Act
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
APPLICATION:

September 15, 2010 D6-153-2

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DIVISION 8

MISCELLANEOUS AUTHORITY

Division 8 of Part 3 of the Workers Compensation Act provides miscellaneous authority

for the Board in a number of areas, including the certification and training of first aid
attendants and instructors, the installation and maintenance of required first aid
equipment, and the certification and training of blasters.

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RE: First Aid Equipment – ITEM: D8-160-1

Imposition of Special Rate of Assessment

BACKGROUND
1. Explanatory Notes

The Board may impose a special rate of assessment under Part 1 of the Act where an
employer fails, neglects or refuses to install or maintain first aid equipment required by
regulation or order.

2. The Act

Section 160:

If an employer fails, neglects or refuses to install or maintain first aid equipment

or service required by regulation or order, the board may do one or more of the
following:

(a) have the first aid equipment and service installed, in which case the
cost of this is a debt owed by the employer to the board;

(b) impose a special rate of assessment under Part 1 of this Act;

(c) order the employer to immediately close down all or part of the
workplace or work being done there until the employer complies
with the applicable regulation or order.

POLICY
Where appropriate, the Board will apply the policies and practices set out in the
following Items to the imposition of special rates of assessment for first aid equipment
and service under section 160:

• D12-196-1, -2, -3, -4, -6;

• D12-196-8; and
• D12-196-10, -11.

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EFFECTIVE DATE: October 1, 1999

AUTHORITY: s. 160(b), Workers Compensation Act
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete
reference to Policy D16-223.1, practice reference and make formatting
changes.
Effective December 31, 2003, references to two prior policies (Items
D12-196-4 and D12-196-5) which no longer exist were deleted and a
consequential housekeeping reference to a new Item D12-196-4 was
added.
APPLICATION:

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DIVISION 9

VARIANCE ORDERS

Division 9 of Part 3 of the Workers Compensation Act authorizes the Board to grant
variances from provisions of the regulations. It establishes the criteria to be used by the
Board in considering whether to grant a variance and the effective period for a variance
order. The provisions set out the processes to be used by an applicant for a variance
and by the Board in making a decision on the application. The legal effect of a variance
is identified.

September 15, 2010

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RE: Variance Orders – ITEM: D9-166-1

Information Required

BACKGROUND

1. Explanatory Notes

Section 166 sets out the information to be provided by an applicant for a variance.
Section 166(3) requires the applicant to provide the technical and other information
required by the Board.

2. The Act

Section 166:

(1) Subject to the regulations and subsection (2), an application for a variance
must be made in writing to the board and must include

(a) a description of the requested variance,

(b) a statement of why the variance is requested, and

(c) information with respect to the benefits and drawbacks in relation to

the matters addressed by the regulation that might reasonably be
anticipated if the variance is allowed.

(2) In the case of an application by a single worker for a variance order that
would apply only to that worker, an application may be made as permitted
by the board.

(3) The applicant must also provide the board with the technical and any other
information required by the board to deal with the application.

POLICY

In the case of an application under section 166(1), the “other information” required by
the Board from an employer under section 166(3) will generally include:

• the location of the workplace;

• the type and nature of the work process;

• the regulation(s) proposed for modification;

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• a description of the proposed procedure or practice that would provide an

equivalent level of health and safety to that provided for by the regulation(s);

• how workers will be trained and supervised; and

• confirmation that:

o the variance application has been posted at the workplace, and a copy
has been provided to the joint health and safety committee or the worker
health and safety representative and to the union, if the workers at the
workplace are represented by the union, or

o if the workplace is not yet in existence, notice has been published where it
would reasonably be expected to come to the attention of persons who
may be affected.

EFFECTIVE DATE: April 1, 2002

AUTHORITY: s.166, Workers Compensation Act
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces part of Policy No. 1.2.5 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001/2002 “editorial” consolidation of all
Prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 1.2.5, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
1.2.5 was issued.

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RE: Variance Orders – ITEM: D9-168-1

Consultation on Application

BACKGROUND

1. Explanatory Notes

Section 168 requires the Board to give notice of an application for a variance and
conduct the consultations on the application that the Board considers advisable.

2. The Act

Section 168:

(1) After receiving an application for variance, the board may give notice of
the application and conduct consultations respecting that application as
the board considers advisable.

(2) Before making a decision on an application, the board must provide an

opportunity for persons who may be affected by the requested variance to
submit to the board information respecting their position on the requested
variance.

(3) A union representing workers who may be affected by the requested

variance is considered a person who may be affected for the purposes of
subsection (2).

POLICY

The persons whom the Board will notify and consult respecting the application for a
variance include:

• the chairs of the joint health and safety committee or worker health and safety
representative;

• the union, if workers in the workplace are represented by the union; and

• if there is no committee, worker health and safety representative or union at

the workplace, a worker representative, if practicable.

The persons notified will be asked for comments, invited to participate in any hearing or
other proceedings that may be held on the application, and advised of the decision.

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EFFECTIVE DATE: April 1, 2002

AUTHORITY: s.168, Workers Compensation Act
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces part of Policy No. 1.2.5 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001/2002 “editorial” consolidation of all
Prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 1.2.5, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
1.2.5 was issued.

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DIVISION 10

ACCIDENT REPORTING AND INVESTIGATION

Division 10 of Part 3 of the Workers Compensation Act requires employers to

immediately notify the Board of certain accidents and conduct investigations of those
accidents and other situations. It also prohibits an employer or supervisor from
attempting to prevent a worker reporting an injury, illness, death or hazardous condition.

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RE: Accident Reporting and Investigation – ITEM: D10-172-1

Immediate Notice of Certain Accidents
(Major Release of Hazardous Substance)

BACKGROUND
1. Explanatory Notes

Section 172(1) sets out the situations where the employer must immediately notify the
Board of the occurrence of any accident.

2. The Act

Section 172(1):

An employer must immediately notify the board of the occurrence of any accident
that

(a) resulted in serious injury to or the death of a worker,

(b) involved a major structural failure or collapse of a building, bridge,
tower, crane, hoist, temporary construction support system or
excavation,
(c) involved the major release of a hazardous substance, or
(d) was an incident required by regulation to be reported.

POLICY
Section 172(1)(c) requires the employer to notify the Board of any accident that involved
the major release of a hazardous substance.

A major release does not only mean a considerable quantity, or the peculiar nature of the
release, such as a gas or volatile liquid, but, more importantly, the seriousness of the risk
to the health of workers. Factors that determine the seriousness of the risk include the
degree of preparedness of the employer to respond to the release, the necessity of
working in close proximity to the release, the atmospheric conditions at the time of the
release and the nature of the substance.

As a general guideline, a report would be expected when:

• The incident resulted in an injury that required immediate medical attention

beyond the level of service provided by a first aid attendant, or injuries to
several workers that require first aid.

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• The incident resulted in a situation of continuing danger to workers, such as

when the release of a chemical cannot be readily or quickly cleaned up.

EFFECTIVE DATE: April 1, 2001

AUTHORITY: s.172(1), Workers Compensation Act
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 6.02(c) of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 6.02(c), as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
6.02(c) was issued.

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DIVISION 12

ENFORCEMENT

Division 12 of Part 3 of the Workers Compensation Act deals with orders, administrative
penalties and court injunctions.

Division 12 sets out the Board’s authority for making orders for the carrying out of any
matter or thing regulated, controlled or required by Part 3 or the regulations, including
orders to stop using or supplying unsafe equipment, orders to stop work and orders
suspending or canceling certificates. It sets out processes for issuing and canceling
orders, and authorizes the Board to require employers or other persons to prepare
compliance reports in response to orders.

The Division creates an administrative penalty system. The Board may impose an
administrative penalty on an employer in certain situations, to a maximum of $500,000.
The employer may also raise “due diligence” as a defence to the imposition of the
penalty.

The Division provides that, on application of the Board, the Supreme Court may grant
an injunction restraining a person from continuing or committing a contravention against
Part 3 or the regulations or requiring the person to comply with Part 3 or the regulations.

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RE: Orders – ITEM: D12-187-1

General Authority

BACKGROUND
1. Explanatory Notes

Section 187(1) provides a broad general authority for the Board to make orders for
carrying out matters and things regulated, controlled or required by Part 3 or the
regulations. This includes authority to make orders in a variety of specific situations set
out in section 187(2).

Powers to make orders are also found in other sections of the Act.

2. The Act

Section 187:

(1) The Board may make orders for the carrying out of any matter or thing
regulated, controlled or required by this Part or the regulations, and may
require that the order be carried out immediately or within the time
specified in the order.

(2) Without limiting subsection (1), the authority under that subsection
includes authority to make orders as follows:

(a) establishing standards that must be met and means and

requirements that must be adopted in any work or workplace for the
prevention of work related accidents, injuries and illnesses;

(b) requiring a person to take measures to ensure compliance with this

Act and the regulations or specifying measures that a person must
take in order to ensure compliance with this Act and the
regulations;

(c) requiring an employer to provide in accordance with the order a

medical monitoring program as referred to in section 161;

(d) requiring an employer, at the employer's expense, to obtain test or

assessment results respecting any thing or procedure in or about a
workplace, in accordance with any requirements specified by the
Board, and to provide that information to the Board;

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(e) requiring an employer to install and maintain first aid equipment

and service in accordance with the order;

(f) requiring a person to post or attach a copy of the order, or other

information, as directed by the order or by an officer;

(g) establishing requirements respecting the form and use of reports,

certificates, declarations and other records that may be authorized
or required under this Part;

(h) doing anything that is contemplated by this Part to be done by

order;

(i) doing any other thing that the Board considers necessary for the
prevention of work related accidents, injuries and illnesses.

(3) The authority to make orders under this section does not limit and is not
limited by the authority to make orders under another provision of this
Part.

POLICY
Employers and other persons covered by the Act have an obligation to comply with the
Act and regulations. It is not sufficient simply to obey orders of the Board after a
violation, injury or disease has occurred.

Where violations of the Act or regulations are found, orders will be issued to the persons
responsible for the failure to comply.

In operations where cooperation and compliance are generally present, and minor, low
hazard violations are noted, Board officers may issue oral orders at their discretion, but
shall check back to ensure compliance before leaving the site. In such cases, a brief
explanatory note shall be included in the office memo portion of the Inspection Report.
Where compliance has not been achieved by the end of the inspection, the Board
officer shall issue a written order.

EFFECTIVE DATE: October 1, 1999

AUTHORITY: s.187, Workers Compensation Act
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Item developed to implement the Workers Compensation (Occupational
Health and Safety) Amendment Act, 1998, effective October 1, 1999.

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Consequential changes subsequently made to the restatement of section

187 to reflect the Workers Compensation Amendment Act, 2002 and to
the Explanatory Notes and the cross-references to reflect the Workers
Compensation Amendment Act (No. 2), 2002, on March 3, 2003.
Effective December 31, 2003, this policy incorporates portions of
Procedure No. 1.3.3-1 “Issuing Inspection Reports” of the former
Prevention Division Policy and Procedure Manual.
APPLICATION:

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RE: Orders – ITEM: D12-188-1

Contents and Process

BACKGROUND
1. Explanatory Notes

Section 188 sets out the contents and process requirements in relation to orders.
Subject to the terms of the relevant sections, these requirements apply to all the powers
to issue orders under Part 3. They are not limited to orders issued under the Board’s
general authority in section 187.

2. The Act

Section 188:

(1) An order may be made orally or in writing but, if it is made orally, must be
confirmed in writing as soon as is reasonably practicable.

(2) An order may be made applicable to any person or category of persons

and may include terms and conditions the board considers appropriate.

(3) If an order relates to a complaint made by a person to the board or an

officer, a copy of the order must be given to that person.

(4) An officer of the board may exercise the authority of the board to make
orders under this Part, subject to any restrictions or conditions established
by the board.

POLICY

After an inspection, the Board officer must complete a report, but its completion may be
deferred until any required investigation is completed. This report may contain one or
more orders, or no orders, depending on whether violations of the regulations were
observed and the number and type of any observed violations. If an officer has
observed no violations, this will be stated in the report.

Where possible, the officer will hold a post-inspection conference with management
having responsibility and authority to comply with the orders.

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The worker representative who accompanied the inspection will be invited to the
conference. If the worker representative normally designated for this purpose has been
unable to attend the inspection, the designated worker representative will be invited as
well, if now available. Other parties involved may also be invited at the discretion of the
officer. The purpose of the conference is to ensure that the parties understand the
orders.

EFFECTIVE DATE: October 1, 1999

AUTHORITY: s.188, Workers Compensation Act
CROSS REFERENCES: s.187, Workers Compensation Act
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
APPLICATION:

September 15, 2010 D12-188-1

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RE: Orders – ITEM: D12-191-1

To Stop Work

BACKGROUND
1. Explanatory Notes

Section 191(1) sets out circumstances in which the Board may issue an order to stop
work at a workplace.

2. The Act

Section 191:

(1) If the board has reasonable grounds for believing that an immediate
danger exists that would likely result in serious injury, serious illness or
death to a worker, the board may order

(a) that work at the workplace or any part of the workplace stop until
the order to stop work is cancelled by the board, and

(b) if the board considers this is necessary, that the workplace or any
part of the workplace be cleared of persons and isolated by
barricades, fencing or any other means suitable to prevent access
to the area until the danger is removed.

(2) If an order is made under subsection (1) (b), an employer, supervisor or

other person must not require or permit a worker to enter the workplace or
part of the workplace that is the subject of the order, except for the
purpose of doing work that is necessary or required to remove the danger
or the hazard and only if the worker

(a) is protected from the danger or the hazard, or

(b) is qualified and properly instructed in how to remedy the unsafe

condition with minimum risk to the worker's own health or safety.

(3) Despite section 188 (1), an order under this section

(a) may only be made in writing, and

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(b) must be served on the employer, supervisor or other person having

apparent supervision of the work or the workplace.

(4) An order under this section expires 72 hours after it is made, unless the
order has been confirmed in writing by the board.

POLICY

Whether there are reasonable grounds for making an order under section 191(1) is a
matter of fact in each case.

In considering whether there are reasonable grounds for an initial order, the officer will
consider his or her own knowledge and experience regarding the situation along with
any advice and assistance that may be immediately available. To avoid a potential for
immediate danger, an officer might need to make a decision on the spot without doing
the full inquiries that might be otherwise desirable.

If the Board wishes to confirm the order under section 191(4) beyond the initial 72-hour
period, it may make additional inquiries. New information might be received that affects
the decision as to whether there are reasonable grounds.

An order may be rescinded before the expiry of the initial 72-hour period if the
employer’s actions support it.

EFFECTIVE DATE: October 1, 1999

AUTHORITY: s.191, Workers Compensation Act
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
APPLICATION:

September 15, 2010 D12-191-1

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RE: Orders – ITEM: D12-195-1

Cancellation and Suspension
of Certificates

BACKGROUND
1. Explanatory Notes

Section 195(1) sets out circumstances in which the Board may cancel or suspend a
certificate, or place conditions upon the use of a certificate issued under Part 3 or the
regulations.

2. The Act

Section 195:

(1) If the Board has reasonable grounds for believing that a person who holds
a certificate issued under this Part or the regulations has breached a term
or condition of the certificate or has otherwise contravened a provision of
this Part or the regulations, the Board may, by order,

(a) cancel or suspend the certificate, or

(b) place a condition on the use of that certificate that the Board
considers is necessary in the circumstances.

(2) An order under this section suspending a certificate must specify the
length of time that the suspension is in effect or the condition that must be
met before the suspension is no longer in effect.

POLICY

Section 195 applies to certificates issued by the Board to qualify persons to do a

particular job, including:

• certificates issued to first aid attendants and instructors under section 159;

• certificates issued to blasters and instructors under section 163; and

• any similar certificate issued by the Board under Part 3 or the regulations.

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The section also applies to such certificates issued on behalf of the Board by another
person, such as a training agency, under an arrangement with the Board.

(a) First Aid Certificates

A first aid certificate issued to a first aid attendant may be suspended, cancelled or have
conditions placed upon its use where the first aid attendant engages in inappropriate
conduct, including:

• smoking while assessing or treating an injured worker and/or while handling

oxygen therapy equipment, or permitting others to do so;

• failure to use the assessment and injury treatment techniques outlined in first aid
training courses unless conditions precluded them;

• conduct that poses an unreasonable threat to the safety and well-being of other
workers or the public;

• removing themselves from being able to see or hear any summons for first aid at
a workplace;

• abandonment of an injured worker after beginning assessment or treatment;

• refusal to treat an injured worker when acting as a designated first aid attendant;
or

• treating or transporting an injured worker while impaired or under the influence of

drugs or alcohol.

EFFECTIVE DATE: March 30, 2004

AUTHORITY: s.195, Workers Compensation Act
CROSS REFERENCES: ss.159, 163, Workers Compensation Act
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Item developed to implement the Workers Compensation (Occupational
Health and Safety) Amendment Act, 1998, effective October 1, 1999.
Policy revised to incorporate the parts of Policy No. 80.27 of the former
Prevention Division Policy and Procedure Manual relating to
circumstances when the WCB may suspend, cancel or place conditions
on the certificate of a first aid attendant, effective March 30, 2004.
APPLICATION: This policy applies to events occurring on or after March 30, 2004 that
leads to the consideration of a suspension, cancellation or placement of
a condition on certificates issued under Part 3 of the Act, or the
regulations.

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RE: Administrative Penalties – ITEM: D12-196-1

Criteria for Imposing

BACKGROUND
1. Explanatory Notes

Section 196(1) sets out the criteria for imposing an administrative penalty.

An administrative penalty must not be imposed if the employer exercised “due diligence”
to prevent the failure, non-compliance or conditions to which the penalty relates. Item
D12-196-10 sets out more information with respect to “due diligence”.

2. The Act

Section 196(1):

The Board may, by order, impose an administrative penalty on an employer

under this section if it considers that

(a) the employer has failed to take sufficient precautions for the
prevention of work related injuries or illnesses,

(b) the employer has not complied with this Part, the regulations or an
applicable order, or

(c) the employer’s workplace or working conditions are not safe.

POLICY

The main purpose of administrative penalties and similar levies is to motivate the
employer receiving the penalty and other employers to comply with the Act and
regulations.

The Board will consider imposing an administrative penalty when:

• an employer is found to have committed a violation resulting in high risk of

serious injury, serious illness or death;

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• an employer is found in violation of the same section of Part 3 or the

regulations on more than one occasion. This includes where, though a
different section is cited, the violation is essentially the same;

• an employer is found in violation of different sections of Part 3 or the

regulations on more than one occasion, where the number of violations
indicates a general lack of commitment to compliance;

• an employer has failed to comply with a previous order within a reasonable

time;

• an employer knowingly or with reckless disregard violates one or more

sections of Part 3 or the regulations. Reckless disregard includes where a
violation results from ignorance of the Act or regulations due to a refusal to
read them or take other steps to find out an employer's obligations; or

• the Board considers that the circumstances may warrant an administrative

penalty.

If violations or other circumstances requiring consideration of a penalty have occurred,

the following additional factors will also be considered in deciding whether to propose or
to levy the penalty:

• whether the employer has an effective, overall program for complying with the
Act and the regulations;

• whether the employer has otherwise exercised due diligence to prevent the
failure, non-compliance or conditions to which the penalty relates;

• whether the violations or other circumstances have resulted from the

independent action of workers who have been properly instructed, trained and
supervised;

• the potential seriousness of the injury or illness that might have occurred, the
number of people who might have been at risk and the likelihood of the injury
or illness occurring;

• the past compliance history of the employer, including the nature, number and
frequency of violations, and the occurrence of repeat violations;

• the extent to which the employer was aware or should have been aware of
the hazard or that the Act or regulations were being violated;

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• the need to provide an incentive for the employer to comply;

• whether an alternative means of enforcing the regulations would be more

effective; and

• other relevant circumstances.

EFFECTIVE DATE: October 29, 2003

AUTHORITY: s.196(1), Workers Compensation Act
CROSS REFERENCES: See also Administrative Penalties – High Risk Violations (Item
D12-196-2), Prior Violations and Orders (Item D12-196-3), Authority to
Impose Administrative Penalties (Item D12-196-4), and Due Diligence
(Item D12-196-10 and s. 196(6) of the Workers Compensation Act)
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
This Item was originally developed to implement the Workers
Compensation (Occupational Health and Safety) Amendment Act, 1998,
effective October 1, 1999. Consequential changes were subsequently
made to the restatement of section 196 to reflect the Workers
Compensation Amendment Act, 2002 and to the Explanatory Notes, the
restatement of section 196 and the cross-references to reflect the
Workers Compensation Amendment Act (No. 2), 2002, on March 3,
2003. Effective July 1, 2003, a minor change was made to the second
bullet of the policy, for congruency with Items D12-196-3 and D12-196-6.
Effective October 29, 2003, an example in the policy that referenced
section 20.11 of the Occupational Health and Safety Regulation was
deleted to reflect the repeal of that section.
APPLICATION: This policy applies to all decisions to impose administrative penalties on
and after October 29, 2003.

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RE: Administrative Penalties – ITEM: D12-196-2

High Risk Violations

BACKGROUND
1. Explanatory Notes

The criteria set out in Item D12-196-1 require consideration of whether a violation
involves high risk of serious injury, serious illness or death.

2. The Act

See D12-196-1.

POLICY
Whether a violation involves high risk of serious injury, serious illness, or death will be
determined in each case on the basis of the available evidence concerning:

• the likelihood of an injury, illness or death occurring;

• the number of workers affected; and

• the likely seriousness of any injury or illness.

Violations on the list set out below are assumed to be high risk in the absence of
evidence showing the contrary:

1. Working in an excavation over four feet deep without adequately supporting or

sloping the sides of the excavation or adopting other safeguards allowed by the
regulations.

2. Working within the specified minimum distances from unguarded overhead

energized high voltage electrical conductors without complying with the
requirements of the regulations.

3. Working on equipment that is not locked-out when required.

4. Permitting workers to be exposed to situations or conditions that are

immediately dangerous to life or health.

September 15, 2010 D12-196-2

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 PREVENTION MANUAL

5. Permitting inadequately protected workers to be exposed to conditions that are

likely to cause a chronic health effect.

6. When operating mobile equipment:

(a) failing to have rollover protective structures (ROPS) on equipment where

required by the regulations,
(b) failing to install or use seat belts where required by regulation.

7. Failing to fell all dangerous trees as required by the regulations.

8. Using domino falling procedures.

9. Leaving cut-up trees.

10. Failing to take appropriate measures to control the fall of trees, for example, not
leaving sufficient holding wood, carelessly cutting off corners of holding wood,
not placing the backcut higher than the undercut, failing to use wedges or
failing to have wedging equipment immediately available.

11. Permitting workers, other than the faller and other persons permitted by the
regulations, to be within the minimum distance of two tree lengths of the tree
being felled.

Even though a violation is not on the list, an administrative penalty may be considered
on the basis that the evidence in that case shows the violation posed a high risk to
workers.

EFFECTIVE DATE: July 1, 2003

AUTHORITY: s. 196(1), Workers Compensation Act
CROSS REFERENCES: See also Administrative Penalties – Criteria for Imposing (Item
D12-196-1).
HISTORY: Housekeeping changes effective September 15, 2010 to delete
practice reference and make formatting changes.
Item developed to implement the Workers Compensation
(Occupational Health and Safety) Act, effective October 1,
1999. Effective July 1, 2003, at number 7 of the policy, the
term “snags” was removed, and replaced with “dangerous
trees”.
APPLICATION: Policy change effective July 1, 2003 applies to all orders,
including orders imposing administrative penalties under
section 196, issued on or after July 1, 2003.

September 15, 2010 D12-196-2

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 PREVENTION MANUAL

RE: Administrative Penalties – ITEM: D12-196-3

Prior Violations and Orders

BACKGROUND
1. Explanatory Notes

The criteria set out in Item D12-196-1 require consideration of whether a prior violation
or order should be considered in deciding to impose an administrative penalty on an
employer following a later violation or order.

2. The Act

See D12-196-1.

POLICY

The Board will consider imposing an administrative penalty when an employer is found
in violation of the same section on more than one occasion. This includes where,
though a different section is cited, the violation is essentially the same.

Violations at one of several locations of a firm will normally be considered as though

that location were the firm’s only location. Violations at more than one location may be
considered together if they result from a failure of the firm’s overall program of
compliance with the Act and regulations. This would include failure to:

• effectively communicate with all locations regarding health and safety concerns;

• provide adequate training to managers and others who implement site health and
safety programs;

• make local management accountable for health and safety performance; and

• provide local management with sufficient resources for health and safety issues.

A business may be sold or reorganized between two occurrences of violations. Item

AP1-42-3 of the Assessment Manual sets out guidelines for the Board's decision on
whether a new experience rating position will be assigned to the reorganized business.

September 15, 2010 D12-196-3

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 PREVENTION MANUAL

For the purpose of an administrative penalty, the prior violations are treated as part of
the firm’s history, where the same experience rating position is assigned to the new
firm.

EFFECTIVE DATE: October 29, 2003

AUTHORITY: s. 196(1), Workers Compensation Act
CROSS REFERENCES: See also Administrative Penalties – Criteria for Imposing (Item
D12-196-1).
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Effective March 18, 2003, references to policy items in the former
Assessment Policy Manual were replaced with references to policy items
in the Assessment Manual. Effective October 29, 2003, an example
referencing section 20.11 of the Occupational Health and Safety
Regulation in the policy was deleted to reflect the repeal of that section.
APPLICATION: This policy applies to all decisions to impose administrative penalties on
and after October 29, 2003.

September 15, 2010 D12-196-3

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 PREVENTION MANUAL

RE: Administrative Penalties – ITEM: D12-196-4

Authority to Impose

BACKGROUND
1. Explanatory Notes

This policy sets out the non-exclusive ways in which the Board may impose financial
penalties if an employer does not comply with the occupational health and safety
requirements in the Act and regulations.

2. The Act

Section 73(1):

73 (1) If

(a) an injury, death or disablement from occupational disease in

respect of which compensation is payable occurs to a worker, and

(b) the Board considers that this was due substantially to

(i) the gross negligence of an employer,

(ii) the failure of an employer to adopt reasonable means for the

prevention of injuries, deaths or occupational diseases, or

(iii) the failure of an employer to comply with the orders or

directions of the Board, or with the regulations made under
Part 3 of this Act,

the Board may levy and collect from that employer as a contribution to the
accident fund all or part of the amount of the compensation payable in
respect of the injury, death or occupational disease, to a maximum of
$44,468.66.

Section 160(b):

If an employer fails, neglects or refuses to install or maintain first aid

equipment or service required by regulation or order, the Board may do
one or more of the following:

(b) impose a special rate of assessment under Part 1 of this Act.

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Section 196(1):

The Board may, by order, impose an administrative penalty on an employer

under this section if it considers that

(a) the employer has failed to take sufficient precautions for the
prevention of work related injuries or illnesses,

(b) the employer has not complied with this Part, the regulations or an
applicable order, or

(c) the employer’s workplace or working conditions are not safe.

POLICY
The Board has authority under the Act to:

1. impose an administrative penalty under section 196(1),

2. levy and collect a contribution from an employer under section 73(1), and
3. impose a special rate of assessment under section 160(b).

EFFECTIVE DATE: March 24, 2010

AUTHORITY:
CROSS REFERENCES: See also Assignment of Authority (Item D2-111-1),
Administrative Penalties – Criteria for Imposing
(Item D12-196-1), Imposing of Levies – Charging of Claims
Costs (Item D24-73-1), and First Aid Equipment – Imposing of
Special Rate of Assessment (Item D8-160-1).
HISTORY: This policy incorporates portions of, and replaces, Policy No.
1.4.2 “Penalty Assessments and Levies” of the former
Prevention Division Policy and Procedure Manual.

Amended March 24, 2010 to delete the reference to the Vice-

President, Prevention Division, make minor wording changes
and add a cross-reference to Policy D2-111-1 which has been
amended to address authority over claims cost levies.
APPLICATION:

September 15, 2010 D12-196-4

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 PREVENTION MANUAL

RE: Administrative Penalties – ITEM: D12-196-6

Amount of Penalty

BACKGROUND
U

1. Explanatory Notes

The Board is authorized to impose administrative penalties on employers for failure to

comply with Part 3 of the Act and the regulations, and under certain other conditions.
Section 196(3) provides that the Board must not impose an administrative penalty
where the employer exercised due diligence. Section 196(2) provides that the Board
must not impose an administrative penalty greater than $596,435.35. Commencing
January 1, 2004, this maximum is subject to adjustment under section 25.2 of the Act
on January 1 of each year.

The Act does not specify the amount of an administrative penalty that may be imposed
in particular situations.

2. The Act

Section 196(2):

An administrative penalty which is greater than $596,435.35 must not be

imposed under this section.

POLICY
U

Amounts of administrative penalties will be determined under this POLICY. No

administrative penalty will be imposed where the employer exercised due diligence to
prevent the failure, non-compliance or conditions to which the penalty relates.

1. “Basic amount” of the penalty

(a) Tables for determining “basic amounts”

The following tables contain the guidelines used by the Board in determining the “basic
amount” of an administrative penalty.

January 1, 2012 D12-196-6

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Category A Penalties

This table applies where there is:

(i) A serious injury or illness or death; or

(ii) High risk of serious injury or illness or death; or
(iii) Non-compliance was wilful or with reckless disregard.

Assessable Payroll Penalty Amount ($)

Range ($)
up to 500,000 2.5% of payroll, or 2,500, whichever is greater
500,001 – 1,000,000 12,500 + 2.25% of payroll over 500,000
1,000,001 – 1,500,000 23,750 + 2.0% of payroll over 1,000,000
1,500,001 – 2,000,000 33,750 + 1.75% of payroll over 1,500,000
2,000,001 – 2,500,000 42,500 + 1.5% of payroll over 2,000,000
2,500,001 – 3,000,000 50,000 + 1.25% of payroll over 2,500,000
3,000,001 – 3,500,000 56,250 + 1.0% of payroll over 3,000,000
3,500,001 – 4,000,000 61,250 + .75% of payroll over 3,500,000
4,000,001 – 4,500,000 65,000 + .5% of payroll over 4,000,000
4,500,001 – 5,000,000 67,500 + .25% of payroll over 4,500,000
over 5,000,000 68,750 + .125% of payroll over 5,000,000, or 75,000,
whichever is less

Category B Penalties

This table applies for any other violations.

Assessable Payroll Penalty Amount ($)

Range ($)
up to 500,000 1.0% of payroll, or 1,000, whichever is greater
500,001 – 1,000,000 5,000 + .36% of payroll over 500,000
1,000,001 – 1,500,000 6,800 + .32% of payroll over 1,000,000
1,500,001 – 2,000,000 8,400 + .28% of payroll over 1,500,000
2,000,001 – 2,500,000 9,800 + .24% of payroll over 2,000,000
2,500,001 – 3,000,000 11,000 +.2% of payroll over 2,500,000
3,000,001 – 3,500,001 12,000 +.16% of payroll over 3,000,000
3,500,001 – 4,000,000 12,800 +.12% of payroll over 3,500,000
4,000,001 – 4,500,000 13,400 +.08% of payroll over 4,000,000
4,500,001 – 5,000,000 13,800 +.04% of payroll over 4,500,000
over 5,000,000 14,000 +.02% of payroll over 5,000,000, or 15,000,
whichever is less

September 15, 2010 D12-196-6

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 PREVENTION MANUAL

The “basic amount” of the administrative penalty will be determined on the basis of the
employer’s assessable payroll for the full calendar year immediately preceding the year
in which the incident giving rise to the penalty occurred. If the employer had no payroll
in the preceding year, or if the preceding year’s assessable payroll is unknown, or
based on less than a full calendar year or a Board estimate of payroll, the Board may,
for the purpose of calculating the penalty, estimate a value for the employer’s
assessable payroll for a full calendar year based on the best information available at the
time the penalty is imposed. The estimate will not be less than any estimate made
previously by the Board of the employer’s assessable payroll for the calendar year. An
estimate will not result in no penalty or a penalty below the minimum amount set out in
the tables. The “payroll” for independent operators with Personal Optional Protection is
the amount for which they have purchased coverage.

(b) Multi-site employers

Where a firm has more than one location, the Board may, in determining the “basic
amount” of the penalty, use the assessable payroll at the location where the violation
occurred, provided that:

• the violation has resulted from an occupational health and safety failure at
that location rather than a general “program failure” on the part of the
employer, and

• the employer provides the necessary payroll information for that location to
the Board and cooperates in any audit that the Board considers necessary.

A “program failure” includes failure to:

• effectively communicate with all locations regarding health and safety

concerns;

• provide adequate training to managers and others who implement site health
and safety programs;

• make local management accountable for health and safety performance; and

• provide local management with sufficient resources for health and safety
issues.

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(c) Variation factors

In each individual case, the “basic amount” of the penalty may be varied by up to 30%,
having regard to the circumstances, including the following factors:

(a) nature of the violation;

(b) nature of the hazard created by the violation;

(c) degree of actual risk created by the violation;

(d) whether the employer knew about the situation giving rise to the violation;

(e) the extent of the measures undertaken by the employer to comply;

(f) the extent to which the behaviour of other workplace parties has
contributed to the violation;

(g) employer history;

(h) whether the financial impact of the penalty would be unduly harsh in view
of the employer’s size; and

(i) any other factors relevant to the particular workplace.

2. Penalties up to $250,000

With the approval of the President or delegate, the Board may impose an administrative
penalty of up to $250,000 where:

(a) the employer has committed a high risk violation wilfully or with reckless
disregard; and
(b) a worker has died or suffered serious permanent impairment as a result.

3. Penalties up to the Statutory Maximum

With the approval of the President or delegate, the Board may impose an administrative
penalty up to the statutory maximum where:

(a) the employer has committed a high risk violation wilfully or with reckless
disregard;
(b) multiple fatalities have occurred or a number of workers have suffered
serious permanent impairment as a result of the violation; and

September 15, 2010 D12-196-6

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(c) there is evidence of a systemic disregard by the employer for worker

safety, such as a history of serious repeated non-compliance.

4. Repeat penalties

(1) An administrative penalty will be imposed as a “repeat penalty” where:

(a) it is for a violation that is the same as, or substantially similar to, a prior
violation for which a penalty has been imposed;

(b) the violations occurred within 3 years of one another; and

(c) at least 14 days prior to the date of the violation giving rise to the repeat
penalty, the Board

(i) had imposed a penalty for the prior violation, or

(ii) provided notice of a potential penalty for the prior violation.

(2) For paragraph (1), the date of a violation is the date of the incident.

(3) The Board may provide notice under paragraph (1)(c) verbally or in writing, in
person, by telephone, by mail, fax, email or other method.

(4) A “repeat penalty” will be calculated as follows:

(a) Calculate the “basic amount” of the penalty, including any variation, using
Item 1 of this Policy (D12-196-6).

(b) Increase the “basic amount” of the penalty for each “prior penalty” as follows
(up to the statutory maximum):

Prior penalty Multiply basic

amount by
one 2
two 3
three 6
four 12
five or more 24

For paragraph (4)(b), “prior penalty” means any prior penalty where the
requirements of paragraph (1) above are satisfied.

September 15, 2010 D12-196-6

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5. Recovery of costs saved through non-compliance

The amount of any costs saved or profit made by the employer through committing the
violation shall, as far as is known, be added to the penalty amount determined under 1,
2, 3, or 4 above and forms part of the administrative penalty.

6. Statutory maximum

In no case will the Board impose an administrative penalty greater than the statutory
maximum then in effect.

PRACTICE
Examples of Application of the Repeat Penalty Provisions

Example 1: You are calculating the penalty to be imposed for a violation that occurred
less than 14 days after another similar violation that also resulted in a penalty. The
employer has no other prior penalties for the same violation.

Calculate the penalty in accordance with Item 1 of this policy by determining the
applicable table amount and applying any variation factors. After applying Item 4 of this
policy, you determine that the current penalty is not a “repeat penalty”. The penalty will
therefore be imposed based on the table amount with variation plus any amounts added
under Item 5 of this policy.

Example 2: You are calculating the penalty to be imposed for a violation that occurred
less than 14 days after another similar violation that also resulted in a penalty. The
employer has one other prior penalty for the same violation for which more than 14 days
notice was given before the current violation.

Calculate the penalty in accordance with Item 1 of this policy by determining the
applicable table amount and applying any variation factors. After applying Item 4 of this
policy, you determine that the current penalty is a “repeat penalty”. There are two prior
similar penalties, however only one meets the requirements to be considered as a “prior
penalty”. Using the table under Item 4, you determine that one prior similar penalty will
result in the amount that you calculated for the penalty being multiplied by two.

September 15, 2010 D12-196-6

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EFFECTIVE DATE: January 2, 2010

AUTHORITY: s. 196(2), Workers Compensation Act
CROSS REFERENCES: See also Administrative Penalties – Criteria for Imposing (Item D12-196-
1), Administrative Penalties – Prior Violations and Orders (D12-196-3),
Administrative Penalties – Due Diligence (Item D12-196-10).

HISTORY: This Item was originally developed to implement the Workers

Compensation (Occupational Health and Safety) Amendment Act, 1998,
effective September 15, 2000.

Consequential changes were subsequently made throughout the Item to

implement the Workers Compensation Amendment Act (No. 2), 2002, on
March 3, 2003.

Effective July 1, 2003 a minor change was made at number four of the
policy, to correct the reference of section 20.22 to section 20.11 of the
Occupational Health and Safety Regulation.

Effective October 29, 2003, an example referencing section 20.11 of the

Occupational Health and Safety Regulation in the policy was deleted to
reflect the repeal of that section.

Effective March 25, 2009 a change was made to base the penalty
calculation on the employer’s assessable payroll for the full calendar
year immediately preceding the year in which the incident that gave rise
to the penalty occurred. Effective March 25, 2009 a change was made to
allow the Board to estimate payroll in certain situations.

Effective January 2, 2010 a change was made to

(a) Item 1 to correct a typographical error in the Category A penalty

table, and

(b) Item 4 so that an administrative penalty will be imposed as a

“repeat penalty” where:

(i) it is for a violation that is the same as, or substantially similar

to, a prior violation for which a penalty has been imposed;
(ii) the violations occurred within 3 years of one another; and
(iii) at least 14 days prior to the date of the violation giving rise to
the repeat penalty, the Board
(1) had imposed a penalty for the prior violation, or
(2) provided notice of a potential penalty for the prior
violation.

Housekeeping changes effective September 15, 2010 to correct

paragraph reference in item 4(4) and make formatting changes.

September 15, 2010 D12-196-6

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 PREVENTION MANUAL

APPLICATION: This policy applies to all decisions to impose administrative penalties on

and after October 29, 2003. The amendments made effective March 25,
2009 apply to all decisions, including appellate decisions, made on or
after the effective date of the changes.

The amendments made effective January 2, 2010 apply to all penalties

where a penalty is imposed on or after the effective date of the changes.
Transitional provisions apply to penalties within the appeal period, before
Review Division or before WCAT on the effective date.

Transitional Provision for Repeat Penalty Calculation:

Penalties within the appeal period or under review or appeal on the
effective date of the policy change will be subject to the policy in effect
when originally imposed, with the additional requirement that a prior
penalty will only be used to increase the amount of a repeat penalty, if at
least 14 days prior to the date of the violation giving rise to the repeat
penalty, the Board

(a) had imposed a penalty for the prior violation, or

(b) provided notice of a potential penalty for the prior violation.

September 15, 2010 D12-196-6

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RE: Administrative Penalties – ITEM: D12-196-7

Payment of Penalty

BACKGROUND
1. Explanatory Notes

The administrative penalty is to be paid into the accident fund.

2. The Act

Section 196(5):

An employer who has been ordered to pay an administrative penalty under this
section must pay the amount of the penalty to the Board for deposit into the
accident fund.

POLICY
If an employer has applied to the Chief Review Officer for a stay under section 96.2(5),
collection of the administrative penalty by assessment or court proceedings under
section 223 will be deferred until the Chief Review Officer has decided the application.

EFFECTIVE DATE: March 3, 2003

AUTHORITY: s. 196(5), Workers Compensation Act
CROSS REFERENCES: ss. 96.2(5), 223(1), Workers Compensation Act
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Item developed to implement the Workers Compensation (Occupational
Health and Safety) Amendment Act, 1998, effective October 1, 1999.
Consequential changes subsequently made to the statement of the Act
and to the POLICY statement to reflect the Workers Compensation
Amendment Act (No. 2) 2002, effective March 3, 2003.
APPLICATION:

September 15, 2010 D12-196-7

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 PREVENTION MANUAL

RE: Administrative Penalties – ITEM: D12-196-8

Payment of Interest on Successful Appeal

BACKGROUND
1. Explanatory Notes

Section 196(6) requires the payment of interest where an administrative penalty is

reduced or cancelled on appeal.

2. The Act

Section 196(6):

If an administrative penalty under this section is reduced or cancelled by a Board

decision, on a review under section 96.2 or on an appeal to the appeal tribunal
under Part 4, the Board must

(a) refund the required amount to the employer out of the accident fund, and
(b) pay interest on that amount calculated in accordance with the policies of
the board of directors.

POLICY

The policies governing the payment of interest are set out in policy in Item AP1-39-2 of
the Assessment Manual.

EFFECTIVE DATE: March 3, 2003

AUTHORITY: s.196(6), Workers Compensation Act
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.

Item developed to implement the Workers Compensation (Occupational

Health and Safety) Amendment Act, 1998, effective October 1, 1999.
Consequential changes subsequently made to the Explanatory Notes
and to the restatement of section 196(6) to reflect the Workers
Compensation Amendment Act (No. 2), 2002, on March 3, 2003.
APPLICATION:

September 15, 2010 D12-196-8

Page 1 of 1
 PREVENTION MANUAL

RE: Administrative penalties – ITEM: D12-196-9

Prosecution Following Penalty

BACKGROUND
1. Explanatory Notes

An employer may either be required to pay an administrative penalty in respect of a

violation or prosecuted under the Act for the violation, but not both.

2. The Act

Section 196(7):

If an administrative penalty is imposed on an employer under this section, the

employer must not be prosecuted under this Act in respect of the same facts and
circumstances upon which the Board based the administrative penalty.

POLICY

Once a prosecution under the Act has been commenced against an employer in respect
of a violation, the Board will not impose an administrative penalty. A prosecution is
“commenced” for this purpose, when an information is laid pursuant to the Offence Act.

An administrative penalty will not be imposed even if the prosecution does not proceed
or is unsuccessful.

EFFECTIVE DATE: March 3, 2003

AUTHORITY: s.196(7), Workers Compensation Act
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Item developed to implement the Workers Compensation (Occupational
Health and Safety) Amendment Act, 1998 effective October 1, 1999.
Consequential changes subsequently made throughout the Item to
reflect the Workers Compensation Amendment Act (No. 2), 2002, on
March 3, 2003.
APPLICATION:

September 15, 2010 D12-196-9

Page 1 of 1
 PREVENTION MANUAL

RE: Administrative Penalties – ITEM: D12-196-10

Due Diligence

BACKGROUND
1. Explanatory Notes

The Board is authorized to impose administrative penalties on employers for failure to

comply with Part 3 of the Act and the regulations, and under certain other conditions.
Section 196(3) provides that an administrative penalty must not be imposed under this
section if the employer exercised due diligence to prevent the failure, non-compliance or
conditions to which the penalty relates.

2. The Act

Section 196(3):

An administrative penalty must not be imposed under this section if an employer

exercised due diligence to prevent the circumstances described in subsection
(1).

POLICY
The Board will consider that the employer exercised due diligence if the evidence shows
on a balance of probabilities that the employer took all reasonable care. This involves
consideration of what a reasonable person would have done in the circumstances. Due
diligence will be found if the employer reasonably believed in a mistaken set of facts
which, if true, would render the act or omission innocent, or if the employer took all
reasonable steps to avoid the particular event.

In determining whether the employer has exercised due diligence under section 196(3),
all the circumstances of the case must be considered.

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EFFECTIVE DATE: March 3, 2003

AUTHORITY: s. 196(3), Workers Compensation Act. “Due diligence” is defined at
common law by the courts. The standard set out in the POLICY section
reflects the leading Supreme Court of Canada case - R. v. Sault Ste.
Marie [1978] 85 DLR (3rd) 161. The requirements of the “due diligence”
defence are open to re-interpretation by the courts. They may, therefore,
be changed in future. Were this to happen, changes would be required
to the Board’s POLICY as well.
CROSS REFERENCES: See also Supervisors (Item D3-117-1), Multiple-Employer Workplaces
(Item D3-118-1), Owners (Item D3-119-1), Directors and Officers of a
Corporation (Item D3-121-1), Overlapping Obligations (D3-123/124-1);
Administrative Penalties - Criteria for Imposing (Item D12-196-1)
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Item developed to implement the Workers Compensation (Occupational
Health and Safety) Amendment Act, 1998, effective October 1, 1999.
Consequential changes subsequently made to various parts of the Item
to reflect the Workers Compensation Amendment Act (No. 2), 2002, on
March 3, 2003.
APPLICATION: This policy applies to all decisions to impose administrative penalties on
and after March 3, 2003.

September 15, 2010 D12-196-10

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RE: Administrative Penalties – ITEM: D12-196-11

Warning Letters

BACKGROUND
1. Explanatory Notes

As an alternative to proceeding with an administrative penalty, the Board may decide to

send the employer a letter warning that an administrative penalty will be considered if
further violations of the Act or regulations occur.

There is no specific reference to “warning letters” in the Act. However, section 196(1)
does not require the Board to impose an administrative penalty in every case where the
criteria have been met. The Board may choose not to impose a penalty. Implicit in the
authority to make that decision is the authority to warn the employer that, under certain
conditions, an administrative penalty may be levied in the future. As well, the Board has
the mandate under section 111 to be concerned with the maintenance of reasonable
health and safety standards and to ensure that information in this respect is provided to
persons concerned with the administration of Part 3.

2. The Act

Section 196(1):

The Board may, by order, impose an administrative penalty on an employer

under this section if it considers that

(a) the employer has failed to take sufficient precautions for the
prevention of work related injuries or illnesses,

(b) the employer has not complied with this Part, the regulations or an
applicable order, or

(c) the employer’s workplace or working conditions are not safe.

Section 111(1):

In accordance with the purposes of this Part, the Board has the mandate to be
concerned with occupational health and safety generally, and with the
maintenance of reasonable standards for the protection of the health and safety

September 15, 2010 D12-196-11

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of workers in British Columbia and the occupational environment in which they

work.

Section 111(2)(d):

In carrying out its mandate, the Board has the following functions, duties and
powers:
….
(d) to ensure that persons concerned with the purposes of this Part are
provided with information and advice relating to its administration
and to occupational health and safety and occupational
environment generally ….

POLICY
Where violations have occurred that provide grounds for proposing an administrative
penalty, it may be concluded that a penalty is not warranted at that time to motivate the
employer to comply. The Board may then send a warning letter to the senior
management of the employer, advising that a penalty will be considered if the violations
are repeated.

The Board will, where practicable, send a copy of the letter to the joint committee or
worker health and safety representative at the workplace, as applicable, and the union if
the workers at the workplace are represented by the union.

When a follow-up inspection reveals continued or repeat violations after there has been
a reasonable time to comply with the warning letter, the Board will normally issue repeat
orders and consider an administrative penalty or prosecution.

EFFECTIVE DATE: March 3, 2003

AUTHORITY: ss.196(1), 111(1) and 111(2)(d), Workers Compensation Act
CROSS REFERENCES: See also Administrative Penalties – Criteria for Imposing (Item
D12-196-1)
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Item developed to implement the Workers Compensation (Occupational
Health and Safety) Amendment Act, 1998, effective October 1, 1999.
Consequential changes subsequently made to various parts of the Item
to reflect the Workers Compensation Amendment Act (No. 2), 2002, on
March 3, 2003.
APPLICATION:

September 15, 2010 D12-196-11

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 PREVENTION MANUAL

RE: Occupational Health and Safety Injunctions ITEM: D12-198-1

BACKGROUND

1. Explanatory Notes

Section 198 of the Act provides that the Board (operating as WorkSafeBC) can
apply to the Supreme Court of British Columbia (the “Court”) for an injunction
restraining a person, including a corporation, from committing a violation or
requiring a person to comply with the Workers Compensation Act (“Act”),
Occupational Health and Safety Regulation (“Regulation”) or an order.

When WorkSafeBC applies to the Court for an injunction, a judge will decide
whether or not to grant it.

If a person fails to comply with an injunction and is found to be in contempt of

court, they may face a fine, jail sentence or other terms imposed by the Court.

2. The Act

Section 198:
(1) On application of the Board and on being satisfied that there are
reasonable grounds to believe that a person
(a) has contravened or is likely to contravene this Part [Part 3 of
the Act], the regulations or an order, or
(b) has not complied or is likely not to comply with this Part, the
regulations or an order,
the Supreme Court may grant an injunction restraining the person
from continuing or committing the contravention or requiring the
person to comply, as applicable.
(2) An injunction under subsection (1) may be granted without notice to
others if it is necessary to do so in order to protect the health or
safety of workers.
(3) A contravention of this Part, the regulations or an order may be
restrained under subsection (1) whether or not a penalty or other
remedy has been provided by this Part.

December 1, 2011 D12-198-1

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POLICY
An injunction is a tool to achieve compliance with an order or an obligation under
the Act or Regulation.

WorkSafeBC may use an injunction at the same time as other tools such as an
administrative penalty or prosecution.

The following are some of the circumstances in which WorkSafeBC may consider
an injunction:

(a) failure to comply with a stop work order issued under section 191 of
the Act,
*Explanatory Note: A stop work order, shutting down all or part of a workplace is
issued in circumstances where an immediate danger exists that would likely result in
serious injury, serious illness, or death to a worker. Failure to comply with a stop
work order is particularly serious since WorkSafeBC has issued it after determining
that an immediate danger exists.

(b) failure to comply with an order to stop using or stop supplying unsafe
equipment under section 190 of the Act,

*Explanatory Note: A stop use order provides that an item not be used or supplied if
WorkSafeBC has reasonable grounds to believe that it is not in safe operating
condition or is non-compliant.

(c) failure to comply with an order other than one in (a) or (b) above, and

(d) repeated violation of the same, or similar, section of the Act or

Regulation.

This does not limit WorkSafeBC’s ability to pursue an injunction in other

circumstances.

An injunction is an exceptional remedy to seek. WorkSafeBC may consider the

following factors in determining the necessity and appropriateness of pursuing an
injunction:

(a) the level of risk that might result from further non-compliance,
*Explanatory Note: If non-compliance is exposing workers to a significant risk, this
supports the use of an injunction. If the risk is very low, an injunction might not be
appropriate, subject to consideration of items (b) and (c) below.

December 1, 2011 D12-198-1

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(b) the impact of the non-compliance on WorkSafeBC’s ability to carry out

its health and safety mandate, and
*Explanatory Note: In some cases, the risk may be low or unknown but non-
compliance may make it difficult or impossible for WorkSafeBC to carry out its
mandate. For example, if WorkSafeBC is repeatedly refused entry to a workplace,
an injunction may be necessary to ensure that WorkSafeBC can inspect that
workplace.

(c) the effectiveness of other tools to obtain compliance in the

circumstances.
*Explanatory Note: This involves considering what tools, such as orders and
penalties, would be effective to achieve compliance as well as looking at the
effectiveness of the tools already used.

In some cases, follow up by WorkSafeBC may be sufficient to obtain compliance. An

administrative penalty or prosecution, or the prospect of either may also be sufficient
to do so. In most cases of non-compliance with an order, WorkSafeBC will likely use
tools other than an OHS Injunction to obtain compliance.

Enforcement tools have their limitations, however. Administrative penalties can be

imposed very quickly in urgent circumstances but apply only to employers. This may
provide little deterrence to the principal of a corporation with minimal assets.
Prosecutions can be used for both employers and workers but are slower due to the
inherent time requirements of the process.

Injunctions have the advantage of timeliness and broad application. If necessary, an

injunction can be obtained quickly and can apply both to individuals and to
corporations. The injunction itself and the need to appear before the court may result
in a higher level of compliance than from a Board order alone. A further advantage is
that non-compliance with an injunction (contempt of court) can be dealt with fairly
quickly and can result in significant consequences, including fines or jail.

* The explanatory notes are to provide additional explanation of the factors but
are not themselves policy.

December 1, 2011 D12-198-1

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PRACTICE
The President’s Assignment of Authority states that injunction applications must
be approved by WorkSafeBC’s President/Chief Executive Officer. WorkSafeBC
lawyers apply to the Court for the injunction. The Court then decides whether to
grant an injunction.

Applications Without Notice

WorkSafeBC’s normal practice is to provide notice whenever possible before the

application is made.

Although the Workers Compensation Act states that injunction applications may
be made without notice, this will be done rarely and generally only in
circumstances of extraordinary urgency. Court decisions state that there must be
a very significant reason to proceed without notice to the other party.

EFFECTIVE DATE: December 1, 2011

AUTHORITY: s. 198, Workers Compensation Act
CROSS REFERENCES: ss. 115(1)(b), 190, 191 Workers Compensation Act
s. 2.4, Occupational Health and Safety Regulation
HISTORY:
APPLICATION: This policy is applicable to all decisions to pursue an injunction
made after the effective date.

December 1, 2011 D12-198-1

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MISCELLANEOUS PROVISIONS RELATING TO PART 1

Certain provisions from Part 1 of the Workers Compensation Act have occupational
health and safety implications.

The Items for these provisions have been grouped here using the prefix D24.

September 15, 2010

 PREVENTION MANUAL

RE: Imposition of Levies – ITEM: D24-2-1

Independent Operators

BACKGROUND

1. Explanatory Notes

In directing that Part 1 applies to independent operators, the Board may specify the
applicable health and safety obligations.

2. The Act

Section 2(2):

The Board may direct that this Part [i.e., Part 1] applies on the terms specified in
the Board’s direction

(a) to an independent operator who is neither an employer nor a

worker as though the independent operator was a worker ….

POLICY

If an independent operator to whom Part 1 applies under section 2(2) violates the
occupational health and safety obligations set out in the Board’s direction, the Board
may levy an administrative penalty against the independent operator.

Where appropriate, the Board will apply the policies and practices set out in the
following Items to an administrative penalty levied against an independent operator to
whom Part 1 applies under Section 2(2):

• D12-196-1, -2, -3, -6;

• D12-196-8; and
• D12-196-10, -11.

September 15, 2010 D24-2-1

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EFFECTIVE DATE: March 3, 2003

AUTHORITY: s. 2(2), Workers Compensation Act
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to remove
reference to D16-223-1, delete practice reference and make formatting
changes.
Item developed to implement the Workers Compensation (Occupational
Health and Safety) Amendment Act, 1998, effective October 1, 1999.
Consequential changes subsequently made to the policy statement to
reflect the Workers Compensation Amendment Act (No. 2), 2002, on
March 3, 2003.
APPLICATION:

September 15, 2010 D24-2-1

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RE: Imposition of Levies – ITEM: D24-73-1

Charging of Claim Costs

BACKGROUND
1. Explanatory Notes

Section 73 authorizes the Board to charge claims costs to the employer in certain
circumstances. The maximum amount the Board may levy is adjusted annually in
accordance with the Consumer Price Index under section 25 of the Act. Starting
January 1, 2012, the maximum amount is $52,221.94.

2. The Act

Section 73:

(1) If

(a) an injury, death or disablement from occupational disease in

respect of which compensation is payable occurs to a worker, and

(b) the Board considers that this was due substantially to

(i) the gross negligence of an employer,

(ii) the failure of an employer to adopt reasonable means for the

prevention of injuries, deaths or occupational diseases, or

(iii) the failure of an employer to comply with the orders or

directions of the Board, or with the regulations made under
Part 3 of this Act,

the Board may levy and collect from that employer as a contribution to the
accident fund all or part of the amount of the compensation payable in
respect of the injury, death or occupational disease, to a maximum of
$52,221.94.

(2) The payment of an amount levied under subsection (1) may be enforced
in the same manner as the payment of an assessment may be enforced.

January 1, 2012 D24-73-1

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POLICY
This section may be applied if:

• the grounds for an administrative penalty under Item D12-196-1 are met; and
• a serious injury or disablement from occupational disease, or a death, results from a
violation of the regulations.

The Board has a discretion as to the amount charged under section 73(1) up to the
maximum amount. A decision to charge claim costs may include the cost of future
amounts of compensation that may be incurred after the decision if those future costs
result from matters currently under consideration by the Board, the Review Division or
the Workers’ Compensation Appeal Tribunal.

Where appropriate, the Board will apply the policies and practices set out in the
following Items to the charging of claim costs under section 73(1):

• D12-196-1, -2, -3, -4;

• D12-196-8; and
• D12-196-10, -11.

EFFECTIVE DATE: July 1, 2008

AUTHORITY: s. 73(1), Workers Compensation Act
CROSS REFERENCES: See also Accident Reporting and Investigation – Types of Incidents
Covered (Item D10-172); Administrative Penalties – Criteria for Imposing
(Item D12-196-1);
HISTORY: Housekeeping changes effective September 15, 2010 to remove
reference to D16-223-1, update maximum claims cost levy amount,
replace Worker and Employer Services Division with the Board, delete
practice reference and make formatting changes.
Item developed to align prevention policy with section 73(1) of the
Workers Compensation Act so that the Board’s discretion as to the
amount of the claim cost levy is not fettered, effective
July 1, 2008.
Item developed to implement the Workers Compensation (Occupational
Health and Safety) Amendment Act, 1998, effective October 1, 1999.
Consequential changes subsequently made to the policy statement to
reflect the Workers Compensation Amendment Act (No. 2), 2002, on
March 3, 2003. Effective December 31, 2003 a consequential change
was made to include a reference to new Item D12-196-4 and the
maximum amount referenced in section 73(1) was updated.
APPLICATION: This policy applies to all decisions, including appellate decisions, to
charge claim costs on and after July 1, 2008.

September 15, 2010 D24-73-1

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POLICIES AND PRACTICES

APPLYING TO
THE OCCUPATIONAL HEALTH AND SAFETY REGULATIONS

September 15, 2010

 PREVENTION MANUAL

PART 2

APPLICATION

Part 2 of the Occupational Health and Safety Regulation sets out various matters
relating to the application of the Regulation.

September 15, 2010

 PREVENTION MANUAL

RE: Application – ITEM: R2.2-1

General Duty (“Undue Risk”)

BACKGROUND
1. Explanatory Notes

Section 2.2 provides a general duty to carry out all work without undue risk.

2. The Regulation

Section 2.2:

Despite the absence of a specific requirement, all work must be carried out
without undue risk of injury or occupational disease to any person.

POLICY
Section 2.2 allows an order to be issued requiring the elimination of undue risk to any
worker from a hazardous work activity not covered by a specific section of the
Regulation. Undue risk means a greater than normal probability continued exposure to
the work, or working conditions, will result in injury or adverse health effect.

An order issued using section 2.2 must identify in the body of the order the condition
causing undue risk.

If the requirements of a specific section of the Regulation applicable to another industry

or the requirements of another regulatory agency could provide guidance for elimination
of the undue risk, the order may quote and/or refer to the specific section or regulatory
requirement.

Officers must promptly inform their manager when an order is issued using section 2.2.

September 15, 2010 R2.2-1

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EFFECTIVE DATE: April 1, 2001

AUTHORITY: s. 2.2, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 2.04 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 2.04, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
2.04 was issued.

September 15, 2010 R2.2-1

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PART 4

GENERAL CONDITIONS

Part 4 of the Occupational Health and Safety Regulation sets out requirements relating
to:

• buildings, structures and equipment;

• emergency preparedness and response;
• impairment;
• working alone or in isolation;
• workplace conduct;
• violence in the workplace;
• work area requirements;
• storing and handling materials;
• ergonomics (MSI) requirements;
• work area guards and handrails;
• illumination;
• indoor air quality;
• environmental tobacco smoke; and
• occupational environment.

September 15, 2010

 PREVENTION MANUAL

RE: General Conditions – ITEM: R4.25-1

Workplace Conduct -
Prohibition of Improper Activity
or Behaviour

BACKGROUND

1. Explanatory Notes

Section 4.25 prohibits “improper activity or behaviour” in the workplace that may create
an occupational health and safety hazard. Section 4.24 defines “improper activity or
behaviour” for this purpose.

2. The Regulation

Section 4.25:

A person must not engage in any improper activity or behaviour at a workplace that
might create or constitute a hazard to themselves or to any other person.

Section 4.24:

"improper activity or behaviour" includes

(a) the attempted or actual exercise by a worker towards another worker of

any physical force so as to cause injury, and includes any threatening
statement or behaviour which gives the worker reasonable cause to
believe he or she is at risk of injury, and
(b) horseplay, practical jokes, unnecessary running or jumping or similar
conduct.

POLICY
Section 4.25 may be violated in any situation where an act of violence is committed by
one worker on another, whether or not the violence is covered by section 4.27.

September 15, 2010 R4.25-1

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EFFECTIVE DATE: December 1, 2000

AUTHORITY: s. 4.25, Occupational Health and Safety Regulation
CROSS REFERENCES: See also ss. 4.24 and 4.27, Occupational Health and Safety Regulation,
General Conditions – Violence in the Workplace – Definition
(Item R4.27-1)
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces part of Policy No. 8.88 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 8.88, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
8.88 was issued.

September 15, 2010 R4.25-1

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RE: General Conditions – ITEM: R4.27-1

Violence in the Workplace – Definition

BACKGROUND

1. Explanatory Notes

Section 4.27 defines “violence” for purpose of the violence in the workplace provisions.

2. The Regulation

Section 4.27:

In sections 4.28 to 4.31

"violence" means the attempted or actual exercise by a person, other than a

worker, of any physical force so as to cause injury to a worker, and
includes any threatening statement or behaviour which gives a
worker reasonable cause to believe that he or she is at risk of
injury.

POLICY
Section 4.27 applies to all persons committing violence except where a worker of the
same employer is the victim. Workers of the same employer are covered by section
4.25.

Verbal abuse or harassing behaviour is not included in the definition of violence for the
purpose of section 4.27 unless it includes threats or behaviour which give the worker
reasonable cause to believe that the worker is at risk of injury.

All workers working at a “multiple-employer” workplace within the meaning of section

118 of Part 3 of the Act are treated as fellow workers for the purpose of section 4.27.
Violence or threats between these workers are not covered by the provision.

The definition of "violence" in section 4.27 covers the situation where a worker affected
by a threat has reasonable cause to believe that the worker is at risk of injury. It does
not apply where a person other than the worker has such a belief. If there is a dispute
over whether the worker has reasonable cause, the worker may invoke the procedure
under section 3.12.

September 15, 2010 R4.27-1

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All threats against a worker or the worker’s family must be treated as serious matters.
When the employer is made aware of the threat, the employer is required to notify the
worker, if the worker is not already aware of the threat, and to notify the police or
similar authority responsible for the protection of public safety. If the employer is
unable to contact the worker, the employer should advise a family member so that
appropriate precautions can be taken. The employer and any other persons involved
are also required to cooperate in any investigations necessary to protect the worker or
worker's family. The means of fulfilling these responsibilities should be included in the
written Workplace Violence Protection Program.

A threat against a worker's family that is a result of the worker's employment is

considered a threat against the worker for the purpose of section 4.27.

Where a threat is made against a worker's family, any person who becomes aware of
the threat must report it to the person’s supervisor or the employer.

EFFECTIVE DATE: December 1, 2000

AUTHORITY: s. 4.27, Occupational Health and Safety Regulation
CROSS REFERENCES: See also ss. 3.12 and 4.25, Occupational Health and Safety Regulation;
General Conditions – Workplace Conduct – Prohibition of Improper
Activity or Behaviour (Item R4.25-1); General Conditions – Violence in
the Workplace – Workplace Violence Prevention Program (Item R4.29-2)
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces part of Policy No. 8.88 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 8.88, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
8.88 was issued.

September 15, 2010 R4.27-1

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RE: General Conditions – ITEM: R4.28-1

Violence in the Workplace –
Risk Assessment

BACKGROUND

1. Explanatory Notes

Section 4.28 requires a risk assessment to be performed where the risk of violence
arising out of the employment may be present. It lists certain matters that must be
included in any such assessment.

2. The Regulation

Section 4.28:

(1) A risk assessment must be performed in any workplace in which a risk of

injury to workers from violence arising out of their employment may be
present.

(2) The risk assessment must include the consideration of

(a) previous experience in that workplace,

(b) occupational experience in similar workplaces, and
(c) the location and circumstances in which work will take place.

POLICY
Section 4.28(2) does not state the period in the past which must be considered in
performing the risk assessment. This will depend on the location, nature and
circumstances of the business and the industry in which the employer is engaged.
However, the assessment should include consideration of the number and nature of
incidents of violence over a sufficient period to obtain a good representation of past
experience. The period should be at least one year.

September 15, 2010 R4.28-1

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The object of the risk assessment is to determine the nature and type of occurrences
of violence anticipated in the place of employment and the likelihood of their occurring.
The factors considered will be dictated by the circumstances of the workplace. The
items listed in section 4.28(2) may involve consideration of the following but are not
limited to these.

• number, location, nature, severity, timing and frequency of violent incidents;

• layout and condition of the place of work, including the decor, furniture
placement, the existence of barriers and fences between workers and the
public, internal and external lighting, methods of access and egress and the
degree to which the premises would allow a potential assailant to hide;

• type of equipment, tools, utensils, etc. that are used or available for use;

• extent and nature of contact with persons other than fellow workers and their
type and gender, including the use of alcohol and drugs by them;

• age, gender, experience, skills and training of the workers concerned;

• existing work procedures, for example, when interacting with the public or in
having to enforce the employer’s rules or policies with regard to the public;

• existing violence prevention initiatives or programs;

• communication methods by which, for example, information about risks,

incidents or threats of violence or requests for assistance may be sent;

• existence of clearly marked exit signs and emergency procedures; and

• staff deployment and scheduling, including the extent to which persons work
at night, work alone, are checked when working alone and the availability of
backup assistance.

The risk assessment should involve the joint health and safety committee or worker
health and safety representative, where one exists, and workers and management
personnel in each area affected. Sources of information are first aid records, past
injury reports, checklists and questionnaires completed by workers, reports of Board
officers, expert advice or relevant publications. A visual inspection of the place of
employment and the work being done should be carried out.

Employers required to carry out a risk assessment must do this at the start of
operations and whenever there is a significant change in the nature of the business or
the location of the workplace.

September 15, 2010 R4.28-1

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EFFECTIVE DATE: December 1, 2000

AUTHORITY: s. 4.28, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 8.90 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 8.90, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
8.90 was issued.

September 15, 2010 R4.28-1

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RE: General Conditions – ITEM: R4.29-1

Violence in the Workplace –
Procedures and Policies

BACKGROUND

1. Explanatory Notes

Section 4.29 requires that an employer establish procedures, policies and work
environment arrangements where a risk of injury to workers from violence is identified
by the risk assessment performed under section 4.28.

2. The Regulation

Section 4.29:

If a risk of injury to workers from violence is identified by an assessment performed

under section 4.28 the employer must

(a) establish procedures, policies and work environment

arrangements to eliminate the risk to workers from violence,
and
(b) if elimination of the risk to workers is not possible, establish
procedures, policies and work environment arrangements to
minimize the risk to workers.

POLICY
In determining whether elimination of the risk is possible or what the employer should do
to minimize the risk, primary regard will be had to the degree of risk in question. Other
factors are:

• the state of knowledge of ways of eliminating the risk, and

• the availability and possibility of ways of eliminating the risk.

The policies, procedures and arrangements which an employer may have to implement
will vary depending upon the nature of the work being carried out and the circumstances
of the work. The factors which create a potential for violence in the place of employment
should be shown by the results of the risk assessment.

September 15, 2010 R4.29-1

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The assessment will guide the employer as to areas where action may be necessary.

As with the risk assessment, the employer should consult with the joint health and safety
committee or worker health and safety representative, where one exists, and workers and
management personnel in each area affected, in considering what action is necessary to
eliminate or minimize any risk of violence. Where the employer has undergone a proper
process of consultation of this nature and has taken reasonable measures to eliminate or
minimize any risk shown by the assessment, the Board will generally assume that the
regulation has been complied with. However, the Board always reserves the right to
determine whether the measures taken by an employer are in fact sufficient to meet the
obligation under section 4.29.

EFFECTIVE DATE: December 1, 2000

AUTHORITY: s. 4.29, Occupational Health and Safety Regulation
CROSS REFERENCES: See also General Conditions – Violence in the Workplace – Workplace
Violence Program (Item R4.29-2)
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Housekeeping changes were made on March 1, 2005 to reflect the
October 29, 2003 changes to the Occupational Health and Safety
Regulation (“OHSR”). This Item originally replaced Policy No. 8.92 of the
former Prevention Division Policy and Procedure Manual.
Effective October 29, 2003, the reproduction of section 4.29(c) of the
OHSR in this Item was deleted to reflect its repeal.
This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 8.92, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
8.92 was issued.
APPLICATION: This policy applies to procedures, policies and work environment
arrangements aimed at eliminating or minimizing the risk of workplace
violence on and after December 1, 2000.

September 15, 2010 R4.29-1

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RE: General Conditions – ITEM: R4.29-2

Violence in the Workplace –
Workplace Violence Prevention Program

BACKGROUND
1. Explanatory Notes

Employers affected by sections 4.27 to 4.31 should have a Workplace Violence

Prevention Program as part of their general Occupational Health and Safety Program.
This Item sets out guidelines summarizing what should be included in a Violence
Prevention Program.

2. The Act and the Regulation

See Items R4.27-1 to R4.31-1.

Section 173 of the Act:

(1) An employer must immediately undertake an investigation into the cause of any
accident or other incident that

(a) is required to be reported by section 172,

(b) resulted in injury to a worker requiring medical treatment,
(c) did not involve injury to a worker, or involved only minor injury not requiring
medical treatment, but had a potential for causing serious injury to a worker,
or
(d) was an incident required by regulation to be investigated.

(2) Subsection (1) does not apply in the case of a vehicle accident occurring on a
public street or highway.

Section 175 of the Act:

(1) As part of an investigation required by this Division, an employer must ensure

that an incident investigation report is prepared in accordance with the
regulations.

(2) The employer must provide a copy of the incident investigation report to

(a) the joint committee or worker representative, as applicable, and

(b) the Board.

September 15, 2010 R4.29-2

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Section 176 of the Act:

(1) Following an investigation under this Division, the employer must without undue
delay undertake any corrective action required to prevent recurrence of similar
incidents.

(2) As soon as is reasonably practicable, the employer must prepare a report of the
action taken under subsection (1) and

(a) provide the report to the joint committee or worker representative, as

applicable, or
(b) if there is no joint committee or worker representative, post the report at the
workplace.

POLICY
The requirements in sections 4.27 to 4.31 for risk assessment, procedures and
policies, the duty to advise to consult a physician and the duty to instruct workers are
based on the recognition of violence in the workplace as an occupational hazard. This
hazard is to be addressed by the Occupational Health and Safety Program following
the same procedures required by Part 3 of the Regulation to address other workplace
hazards.

Employers affected should have a Workplace Violence Prevention Program as part of

their general Occupational Health and Safety Program. This program should be
implemented in cooperation with the joint health and safety committee or worker health
and safety representative, where one exists, and with persons knowledgeable of the
type of work to be performed. Set out below are guidelines summarizing what should
be included in the Workplace Violence Prevention Program:

(a) Policy

The policy statement should acknowledge any risk of injury from violence to
which workers are subject. The policy should provide direction from senior
management to develop and implement a Workplace Violence Prevention
Program. It should identify the responsibilities of managers, supervisors and
workers.

(b) Risk Assessment

This element should provide for periodic risk assessments to evaluate the
nature and type of occurrences of violence in the workplace. Risk assessments
shall be carried out in accordance with section 4.28 and associated policies.
Provision should be made for documentation of the risk assessment.

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(c) Written Supplementary Instructions

The employer must under sections 4.30(3) and 3.3(c) prepare supplementary
instructions for workers who are at risk of injury from violence. These
instructions must enable the worker to understand the work environment
arrangements designed to minimize the risk of violence. The instructions must
direct the worker and any violence response teams in safe response methods.

(d) Worker and Supervisor Training

This element should define the training to be provided to workers at risk and
their supervisors in accordance with section 4.30 and associated policies. It
should include the maintenance of training records.

(e) Incident Reporting and Investigation

This element of the program should include policies, procedures and

documentation for:

• reporting to the employer incidents or threats of violence in the workplace;

• action by supervisors to address reported incidents as required by section

3.10;

• investigation of incidents of violence in accordance with section 173 of Part 3

of the Act;

• implementation of corrective action in response to incidents of violence

under section 176 of Part 3 of the Act;

• advice to workers to see a physician for treatment; and

• advice to workers when to obtain critical incident/trauma counselling and

where the counselling may be obtained.

(f) Incident Follow-up

Provision should be made for review of corrective action taken to address

incidents or threats of violence to determine its effectiveness.

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(g) Program Review

Provision should be made for an annual review to evaluate the program's

performance in eliminating the risk of injury from violence in the workplace. The
review should be documented and the program should be revised as necessary.
This review should be carried out in consultation with the joint health and safety
committee or worker health and safety representative, where one exists, and
worker and management personnel where no committee or representative exists.

EFFECTIVE DATE: October 29, 2003

AUTHORITY: ss. 4.27, 4.28, 4.29, 4.30 and 4.31, Occupational Health and Safety
Regulation and ss. 173, 175 and 176, Workers Compensation Act.
CROSS REFERENCES: See also ss. 3.3 and 3.10, Occupational Health and Safety Regulation;
General Conditions - Violence in the Workplace – Definition
(Item R4.27-1); General Conditions – Violence in the Workplace - Risk
Assessment (Item R4.28-1); General Conditions – Violence in the
Workplace – Procedures and Policies (Item R4.29-1); General
Conditions – Violence in the Workplace – Instruction of Workers (Item
R4.30-1); General Conditions – Violence in the Workplace – Response
to Incidents (Item R4.31-1)
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Effective December 1, 2000, this Item replaced Policy No. 8.92-1 of the
former Prevention Division Policy and Procedure Manual. Effective
October 29, 2003, a reference to the duty to “respond to incidents” in the
policy was replaced with a reference to the duty to “advise to consult a
physician” to reflect the revision of section 4.31 of the Occupational
Health and Safety Regulation on that date.
APPLICATION: This policy applies to all Workplace Violence Prevention Programs
established on and after October 29, 2003.

September 15, 2010 R4.29-2

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RE: General Conditions – ITEM: R4.30-1

Violence in the Workplace –
Instruction of Workers

BACKGROUND

1. Explanatory Notes

Section 4.30 sets out the information that employers are required to provide workers
who may be exposed to the risk of violence in the workplace.

2. The Regulation

Section 4.30

(1) An employer must inform workers who may be exposed to the risk of
violence of the nature and extent of the risk.

(2) The duty to inform workers in subsection (1) includes a duty to provide
information related to the risk of violence from persons who have a history
of violent behaviour and whom workers are likely to encounter in the
course of their work.

(3) The employer must instruct workers who may be exposed to the risk of
violence in

(a) the means for recognition of the potential for violence,

(b) the procedures, policies and work environment arrangements which
have been developed to minimize or effectively control the risk to
workers from violence,
(c) the appropriate response to incidents of violence, including how to
obtain assistance, and
(d) procedures for reporting, investigating and documenting incidents
of violence.

POLICY
Section 4.30 includes a requirement for employers to advise workers of the results of
the risk assessment under section 4.28 and to instruct workers in the measures they
have taken under section 4.29 to eliminate or minimize any risk of violence. The
training should be sufficient so that workers are aware of any risk of violence and the

September 15, 2010 R4.30-1

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appropriate measures to be taken if violence occurs or is threatened. It should cover all

the circumstances of the place of employment found to be material to the risk
assessment.

Information provided to workers with respect to the nature and extent of the risk of
violence in their place of employment must, where practicable, be conveyed to workers
prior to their exposure to the risk. This requirement includes information such as:

• procedures providing for information obtained by workers ending a shift to

be communicated to workers starting a following shift; and

• procedures for communicating the results of overall past experience such as

the flagging on computer systems of individuals with past records of violence.

EFFECTIVE DATE: December 1, 2000

AUTHORITY: s. 4.30, Occupational Health and Safety Regulation
CROSS REFERENCES: See also General Conditions – Violence in the Workplace – Risk
Assessment (Item R4.28-1)
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy 8.94 of the Prevention Division Policy and Procedure
Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 8.94, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
8.94 was issued.

September 15, 2010 R4.30-1

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RE: General Conditions – ITEM: R4.31-1

Violence in the Workplace –
Advice to Consult Physician

BACKGROUND

1. Explanatory Notes

Section 4.31(3) requires that an employer ensure that a worker is advised to consult a
physician when violence takes place in the workplace.

2. The Regulation

Section 4.31(3):

The employer must ensure that a worker reporting an injury or adverse symptom
as a result of an incident of violence is advised to consult a physician of the
worker's choice for treatment or referral.

POLICY
Critical incident/trauma counselling is desirable in some circumstances to prevent
workers involved in incidents of violence from suffering ongoing adverse psychological
effects for which disability compensation might have to be paid. Counselling may be
obtained through the worker's physician. Alternatively, some employers may have
ongoing programs which can provide appropriate counselling. The employer must
advise the worker to consult with a physician where this is required by section 4.31(3)
but should also advise the worker of the availability of other programs which can
assist. The employer's Workplace Violence Prevention Program should contain
policies and procedures on when advice to obtain counselling should be given and
where appropriate counselling may be obtained, such as through a facility of the
employer or another local health facility. The Board may pay the cost of counselling if
a claim for a work injury is made.

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EFFECTIVE DATE: October 29, 2003

AUTHORITY: s. 4.31(3), Occupational Health and Safety Regulation
CROSS REFERENCES: See also ss. 3.4 and 3.10, Occupational Health and Safety Regulation;
ss. 173, 175 and 176, Workers Compensation Act.
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Effective December 1, 2000, this Item replaced Policy No. 8.96 of the
former Prevention Division Policy and Procedure Manual. Effective
October 29, 2003, the reproduction of, and references to, the
requirements under section 4.31(1) and (2) of the Occupational Health
and Safety Regulation were deleted to reflect their repeal.
APPLICATION: This policy applies to all incidents of violence that occur in the workplace
on and after October 29, 2003.

September 15, 2010 R4.31-1

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PART 5

CHEMICAL AND BIOLOGICAL SUBSTANCES

Part 5 of the Occupational Health and Safety Regulation sets out requirements relating
to:

• workplace hazardous materials information system (WHMIS);

• containers and storage;
• flammable and combustible substances;
• substances under pressure;
• controlling exposure;
• ventilation;
• internal combustion engines;
• hazardous wastes and emissions;
• personal hygiene;
• emergency washing facilities; and
• emergency procedures.

September 15, 2010

 PREVENTION MANUAL

RE: Chemical and Biological Substances - ITEM: R5.48-1

Exposure Limits and Designations

BACKGROUND
1. Explanatory Notes

Section 5.48 provides established limits for a worker’s exposure to hazardous chemical
substances. Generally, these exposure limits are established according to the Threshold
Limit Values (“TLVs”) adopted by the American Conference of Governmental Industrial
Hygienists (“ACGIH”). However, the Board has authority to make exceptions and adopt
occupational exposure limits for specific chemical substances that are not consistent
with the TLVs established by the ACGIH. This policy sets out those exceptions.

2. The Regulation

Section 5.48:

Except as otherwise determined by the Board, the employer must ensure that no worker
is exposed to a substance that exceeds the ceiling limit, short-term exposure limit, or 8-
hour TWA limit prescribed by ACGIH.

Section 5.57:

(1) If a substance identified as any of the following is present in the

workplace, the employer must replace it, if practicable, with a material
which reduces the risk to workers:

(a) ACGIH A1 or A2, or IARC 1, 2A or 2B carcinogen;

(b) ACGIH reproductive toxin;
(c) ACGIH sensitizer;
(d) ACGIH L endnote.

(2) If it is not practicable to substitute a material which reduces the risk to

workers, in accordance with subsection (1), the employer must
implement an exposure control plan to maintain workers’ exposure as
low as reasonably achievable below the exposure limit established under
section 5.48.

(3) The exposure control plan must meet the requirements of section 5.54.

October 14, 2011 R5.48-1

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3. Preamble to Policy

The following is a preamble to be applied to those exposure limits developed by the

Board as an exception to the TLVs established by the ACGIH:

An exposure limit is a maximum allowed airborne concentration and is not intended

to represent a fine line between safe and harmful conditions. In determining an
exposure limit, it is not possible to take into account all factors that could influence
the effect that exposure to the substance may have on an individual worker.
Therefore, for all hazardous substances, regardless of any assigned exposure
limit, the guiding principle is elimination of exposure or reduction to the lowest level
that is reasonably achievable below the exposure limit.

Due to a wide variation in individual susceptibility, some workers may experience

discomfort from some substances at concentrations at or below the exposure limit.
Others may be affected more seriously by aggravation of a pre-existing condition,
or by development of an occupational disease. Furthermore, other workplace
contaminants may affect an individual’s response. The effects of combined
chemical exposures are often unknown or poorly defined.

POLICY
1. Table of Occupational Exposure Limits for Excluded Substances

As presented in the table below, the Board has determined exposure limits for the
following specific substances, notwithstanding the TLVs established by the ACGIH.

Substance/Chemical Name CAS No. Unit 8-hour Short- Ceiling

TWA term Limit
Limit exposure
Limit,
STEL
ABATE (TEMEPHOS) TOTAL 3383-96-8 mg/m3 10 20
DUST
ACETONE 67-64-1 ppm 250 500
ACETONE CYANOHYDRIN 75-86-5 ppm 1
ALLYL AMINE 107-11-9 ppm 2
BENZYL CHLORIDE 100-44-7 ppm 1
BERYLLIUM AND COMPOUNDS, 7440-41-7 mg/m3 0.002 0.01
AS Be
BROMOCHLOROMETHANE 74-97-5 ppm 200 250
n-BUTANE 106-97-8 ppm 600 750

September 15, 2011 R5.48-1

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Substance/Chemical Name CAS No. Unit 8-hour Short- Ceiling

TWA term Limit
Limit exposure
Limit,
STEL
BUTENES, ALL ISOMERS, 106-98-9, ppm No No No
INCLUDING ISOBUTENE 107-01-7, previous previous previous
590-18-1, limit limit limit
624-64-6,
25167-67-3,
115-11-7
n-BUTYL ALCOHOL (n-BUTANOL) 71-36-3 ppm 15 30
n-BUTYL ACETATE 123-86-4 ppm 20
n-BUTYL METHACRYLATE 97-88-1 ppm 50
CALCIUM CARBONATE (incl. 1317-65-3 mg/m3 10 20
LIMESTONE, MARBLE), TOTAL
DUST
CAPROLACTAM DUST 105-60-2 mg/m3 1 3
3
CARBARYL 63-25-2 mg/m 5
CARBON DIOXIDE 124-38-9 ppm 5000 15,000
CARBON DISULFIDE 75-15-0 ppm 4 12
CARBON MONOXIDE 630-08-0 ppm 25 100
CARBON TETRACHLORIDE 56-23-5 ppm 2
CHLOROACETIC ACID 79-11-8 ppm 0.3
CHLOROBROMOMETHANE (see
BROMOCHLOROMETHANE)
1-CHLORO-1,1- 75-68-3 ppm 1000
DIFLUOROETHANE
CHLORODIFLUOROMETHANE 75-45-6 ppm 500 1250
CHLOROFORM 67-66-3 ppm 2
CHLOROTRIFLUOROMETHANE 75-72-9 ppm 1000
CHROMIUM, WATER SOLUBLE, 7440-47-3 mg/m3 0.025 0.1
Cr VI COMPOUNDS
CITRAL, INHALABLE 5292-40-5 ppm No No No
Previous Previous Previous
Limit Limit Limit
CRESOL, ALL ISOMERS 1319-77-3, mg/m3 10
95-48-7,
108-39-4,
106-44-5
CUMENE 98-82-8 ppm 25 75
DIBUTYL PHOSPHATE 107-66-4 ppm 1 2
DICHLOROMETHANE 75-09-2 ppm 25
DICYCLOHEXYLMETHANE-4,4’- 5124-30-1 ppm 0.005 0.01
DIISOCYANATE
2,4-DICHLOROPHENOXYACETIC 94-75-7 mg/m3 10 20
ACID AND ITS ESTERS

DIELDRIN 60-57-1 mg/m3 0.25

DIETHANOLAMINE 111-42-2 mg/m3 2

September 15, 2011 R5.48-1

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 PREVENTION MANUAL

Substance/Chemical Name CAS No. Unit 8-hour Short- Ceiling

TWA term Limit
Limit exposure
Limit,
STEL
DIISOCYANATES, N.O.S. ppm 0.005 0.01
DIMETHOXYMETHANE 109-87-5 ppm 1000 1250
DIMETHYL ETHER 115-10-6 ppm 1000
DIMETHYL SULFATE 77-78-1 ppm 0.1
3
n-DIOCTYL PHTHALATE 117-84-0 mg/m 5
ENDOSULFAN 115-29-7 mg/m3 0.1
ENFLURANE 13838-16-9 ppm 2
EPICHLOROHYDRIN 106-89-8 ppm 0.1
ETHYL ACETATE 141-78-6 ppm 150
ETHYL METHACRYLATE 97-63-2 ppm 50
ETHYLENE DIBROMIDE 106-93-4 ppm 0.5
ETHYLENE DICHLORIDE (1,2- 107-06-2 ppm 1 2
DICHLOROETHANE)
ETHYLENE GLYCOL, 107-21-1 mg/m3 10 20
PARTICULATE
ETHYLENE GLYCOL, VAPOUR 107-21-1 ppm 50
ETHYLENEIMINE 151-56-4 ppm 0.5
ETHYLENE OXIDE 75-21-8 ppm 0.1 1
FLUORINE 7782-41-4 ppm 0.1
FLUOROXENE 406-90-6 ppm 2
FORMALDEHYDE 50-00-0 ppm 0.3 1
FURFURYL ALCOHOL 98-00-0 ppm 5 10
GLYCERIN MIST, RESPIRABLE 56-81-5 mg/m3 3
3
GYPSUM, TOTAL DUST 13397-24-5 mg/m 10 20
HALOTHANE 151-67-7 ppm 2
HEXAMETHYLENE 822-06-0 ppm 0.005 0.01
DIISOCYANATE
n-HEXANE 110-54-3 ppm 20
HEXANE, ALL ISOMERS except n- ppm 200
HEXANE
HYDROGEN FLUORIDE, as F 7664-39-3 ppm 2
HYDROGEN SULFIDE 7783-06-4 ppm 10
INDENE 95-13-6 ppm 10
IODIDES ppm No No No
previous previous previous
limit limit limit
IODINE 7553-56-2 ppm 0.1
IRON OXIDE, FUME 1309-37-1 mg/m3 5 10
IRON PENTACARBONYL 13463-40-6 ppm 0.01
3
IRON SALTS, SOLUBLE, as Fe mg/m 1 2

September 15, 2011 R5.48-1

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 PREVENTION MANUAL

Substance/Chemical Name CAS No. Unit 8-hour Short- Ceiling

TWA term Limit
Limit exposure
Limit,
STEL
ISOPHORONE DIISOCYANATE 4098-71-9 ppm 0.005 0.01
ISOPROPYL GLYCIDYL ETHER 4016-14-2 ppm 50
(IGE)
LIQUIFIED PETROLEUM GAS 68476-85-7 ppm 1000 1250
3
LITHIUM HYDROXIDE 1310-65-2 mg/m 1
MAGNESIUM OXIDE, 1309-48-4 mg/m3 3 10
RESPIRABLE DUST AND FUME,
as Mg
MALEIC ANHYDRIDE 108-31-6 ppm 0.1
MERCURY, ARYL COMPOUNDS 7439-97-6 mg/m3 0.05 0.1
MESITYL OXIDE 141-79-7 ppm 10 25
METHOXYFLURANE 76-38-0 ppm 2
1-METHOXY-2-PROPANOL 107-98-2 ppm 50 75
2-METHOXY-1-PROPANOL 1589-47-5 ppm 20 40
1-METHOXYPROPYL-2-ACETATE 108-65-6 ppm 50 75
2-METHOXYPROPYL-1-ACETATE 70657-70-4 ppm 20 40
METHYLENE BISPHENYL 101-68-8 ppm 0.005 0.01
ISOCYANATE
METHYLENE bis (4- 5124-30-1 ppm 0.005 0.01
CYCLOHEXYL-ISOCYANATE)
4,4’-METHYLENEDIANILINE 101-77-9 ppm 0.01
METHYL ETHYL KETONE (MEK) 78-93-3 ppm 50 100
METHYL PARATHION 298-00-0 mg/m3 0.2

METHYL PROPYL KETONE (2- 107-87-9 ppm 150 250

PENTANONE)
alpha-METHYL STYRENE 98-83-9 ppm 50 75 100
1,5-NAPHTHYLENE 3173-72-6 ppm 0.005 0.01
DIISOCYANATE
NATURAL RUBBER LATEX, AS 9006-04-6 mg/m3 0.001
TOTAL PROTEINS, INHALABLE
NICKEL, ELEMENTAL, SOLUBLE 7440-02-0 mg/m3 0.05
INORGANIC COMPOUNDS (NOS)
NICKEL, INSOLUBLE 7440-02-0 mg/m3 0.05
INORGANIC COMPOUNDS
(NOS)
NICKEL CARBONYL 13463-39-3 ppm 0.001
NITROGEN DIOXIDE 10102-44-0 ppm 1
2-NITROPROPANE 79-46-9 ppm 5
NITROUS OXIDE 10024-97-2 ppm 25
OIL MIST, MINERAL, MILDLY mg/m3 0.2
REFINED

September 15, 2011 R5.48-1

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Substance/Chemical Name CAS No. Unit 8-hour Short- Ceiling

TWA term Limit
Limit exposure
Limit,
STEL
OIL MIST, MINERAL, SEVERELY mg/m3 1
REFINED
2,4-PENTANEDIONE 123-54-6 ppm No No No
previous previous previous
limit limit limit
PHENYL ISOCYANATE 103-71-9 ppm 0.005 0.01
PHENYL MERCAPTAN 108-98-5 ppm 0.1
PIPERAZINE AND ITS SALTS, as 142-64-3 mg/m3 0.3 1
PIPERAZINE
PIPERIDINE 110-89-4 ppm 1
PLASTER OF PARIS, TOTAL 26499-65-0 mg/m3 10 20
DUST
PORTLAND CEMENT 65997-15-1 mg/m3 10 (E,N)
PROPYLENEIMINE 75-55-8 ppm 2
RHODIUM, METAL AND 7440-16-6 mg/m3 0.1 0.3
INSOLUBLE COMPOUNDS, as Rh

RHODIUM, SOLUBLE 7440-16-6 mg/m3 0.001 0.003

COMPOUNDS, as Rh
SELENIUM AND COMPOUNDS, 7782-49-2 mg/m3 0.1
as Se
SILICA, AMORPHOUS:
DIATOMACEOUS EARTH, 61790-53-2 mg/m3 4
UNCALCINED, TOTAL DUST
DIATOMACEOUS EARTH, 61790-53-2 mg/m3 1.5
UNCALCINED, RESPIRABLE
DUST
PRECIPITATED SILICA and 112926-00-8 mg/m3 4
SILICA GEL, TOTAL DUST
PRECIPITATED SILICA and 112926-00-8 mg/m3 1.5
SILICA GEL, RESPIRABLE DUST
SILICA FUME, TOTAL DUST 69012-64-2 mg/m3 4
SILICA FUME, RESPIRABLE 69012-64-2 mg/m3 1.5
DUST
SILICON TETRAHYDRIDE 7803-62-5 ppm 0.5 1
(SILANE)
SILVER AND COMPOUNDS, as 7440-22-4 mg/m3 0.01 0.03
Ag
STODDARD SOLVENT (MINERAL 8052-41-3 mg/m3 290 580
SPIRITS)
STYRENE 100-42-5 ppm 50 75
SULFUR DIOXIDE 7446-09-5 ppm 2 5
3
SULPROFOS 35400-43-2 mg/m 1
TANTALUM and TANTALUM 7440-25-7 mg/m3 5
OXIDE dusts, as Ta

September 15, 2011 R5.48-1

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Substance/Chemical Name CAS No. Unit 8-hour Short- Ceiling

TWA term Limit
Limit exposure
Limit,
STEL
1,1,1,2-TETRACHLORO-2,2- 76-11-9 ppm 500
DIFLUOROETHANE
1,1,2,2-TETRACHLORO-1,2- 76-12-0 ppm 200
DIFLUOROETHANE
TETRAETHYL LEAD, as Pb 78-00-2 mg/m3 0.075
3
TETRAMETHYL LEAD, as Pb 75-74-1 mg/m 0.075
THIONYL CHLORIDE 7719-09-7 ppm 1
THIRAM 137-26-8 mg/m3 1
2,4-TOLUENE DIISOCYANATE 584-84-9 ppm 0.005 0.01
(TDI)
2,6-TOLUENE DIISOCYANATE 91-08-7 ppm 0.005 0.01
1,1,2-TRICHLORO-1,2,2- 76-13-1 ppm 500 1250
TRIFLUOROETHANE
TRIMELLITIC ANHYDRIDE 552-30-7 mg/m3 0.04
TRIMETHYL HEXAMETHYLENE 28679-16-5 ppm 0.005 0.01
DIISOCYANATE
TRI-n-BUTYLTIN COMPOUNDS 688-73-3 mg/m3 0.05
URANIUM COMPOUNDS, 7440-61-1 mg/m3 0.05
NATURAL, SOLUBLE, as U
VANADIUM PENTOXIDE, 1314-62-1 mg/m3 0.05
RESPIRABLE DUST and FUME,
as V2O5
VANADIUM PENTOXIDE, TOTAL 1314-62-1 mg/m3 0.2
DUST, as V2O5
VEGETABLE OIL MIST, 8008-89-7 mg/m3 3
RESPIRABLE FRACTION,
EXCEPT CASTOR, CASHEW
NUT, OR SIMILAR IRRITATING
OILS
VINYLIDENE CHLORIDE 75-35-4 ppm 1
VINYL TOLUENE, ALL ISOMERS 25013-15-4 ppm 25 75
WOOD DUST:
ALLERGENIC mg/m3 1
NON-ALLERGENIC, mg/m3 1
HARDWOOD
NON-ALLERGENIC, mg/m3 2.5
SOFTWOOD
ZINC STEARATE, TOTAL DUST 557-05-1 mg/m3 10 20

(E) = the value is for particulate matter containing no asbestos and less than 1% crystalline silica
(N) = the 8-hour TWA listed in the Table is for the total dust. The substance also has an 8-hour TWA of 3 mg/m3 for
the respirable fraction
(G) = as measured by the vertical elutriator, cotton-dust sampler, see TLV Documentation

September 15, 2011 R5.48-1

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2. Dusts

The Board categorizes particulates that are insoluble or poorly soluble in water and do
not cause toxic effects other than by inflammation or the mechanism of "lung overload",
as “nuisance dusts”.

A “nuisance dust” will have an exposure limit or TLV of 10 mg/m3 for total particulate. It
is recognized that the respirable fraction of “nuisance dusts” may also be measured.
The equivalent exposure limit for respirable particulate is 3 mg/m3. Respirable
particulate refers to the fraction of inhaled dust that is capable of passing through the
upper respiratory tract to the gas exchange region of the lung. Total particulate refers to
a wide range of particle sizes capable of being deposited in the various regions of the
respiratory tract.

EFFECTIVE DATE: September 15, 2011

AUTHORITY: s. 5.48, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping change effective October 14, 2011 to correct the
reference to section 5.57 of the regulation. This is not a substantive
change.

Effective September 15, 2011, changes were made to remove seven

substances from the Table of Occupational Exposure Limits for Excluded
Substances:

ACETIC ANHYDRIDE
CARBON BLACK
ETHYL BENZENE
METHYL ISOPROPYL KETONE
SOAPSTONE
SOAPTONE, RESPIRABLE
4,4' THIOBIS (6-tert-butyl-m-CRESOL)

Effective June 1, 2011, changes were made to remove three substances

from the Table of Occupational Exposure Limits for Excluded
Substances:

COTTON DUST, raw

METHYL ISOBUTYL KETONE
THALLIUM AND SOLUBLE COMPOUNDS

Housekeeping changes effective June 1, 2011, to replace “exposure

level” with “exposure limit” in item 3 of the Background of this Policy.
These changes also add 2,4-Pentanedione to the Table of Occupational
Exposure Limits for Excluded Substances pursuant to the Occupational
Exposure Limit review and adoption procedure approved by the Board of
Directors at their March 2010 meeting.

October 14, 2011 R5.48-1

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Housekeeping changes effective April 19, 2011 in accordance with the
new Occupational Exposure Limit review and adoption procedure
approved by the Board of Directors at their March 2010 meeting. The
changes add seven substances to the Table of Occupational Exposure
Limits for Excluded Substances:

ACETIC ANHYDRIDE
CARBON BLACK
ETHYL BENZENE
MALEIC ANHYDRIDE
METHYL ISOPROPYL KETONE
SOAPSTONE
4,4' THIOBIS (6-tert-butyl-m-CRESOL)

Housekeeping changes effective September 15, 2010 to update

regulation reference, delete practice reference, and make formatting
changes.

The Table of Occupational Exposure Limits for Excluded Substances has

been amended to include 18 substances for which the Board of Directors
has made an exception to the adoption of these substances for which the
American Conference of Governmental Industrial Hygienists changed the
Threshold Limit Values in 2008 and 2009. The effect of this amendment
is that the substances will be re-assigned the OELs that were in effect
prior to the revision by ACGIH. The Table of Occupational Exposure
Limits for Excluded Substances has been amended to delete two
substances so the more protective American Conference of
Governmental Industrial Hygienists Threshold Limit Values will now
apply to these substances. The revisions were made to the Table
effective September 1, 2010.

The Table of Occupational Exposure Limits for Excluded Substances has

been amended to include new or revised substances for which the
American Conference of Governmental Industrial Hygienists has
changed the Threshold Limit Values in 2010. The effect of this
amendment was that the existing occupational exposure limits for these
substances continue to be in effect. These substances were added to
the Table effective April 1, 2010.

This item was originally developed to implement the amendments made

to the Occupational Health and Safety Regulation, effective October 29,
2003 pertaining to occupational exposure limits. A review of the policy
was conducted to ensure that all substances for which an exception was
warranted were listed, and there was no duplication with the information
provided by the ACGIH.

APPLICATION: Each amendment of this policy applies to incidents occurring on and

after the effective date of the amendment. If a decision made before the
amendment effective date is within the appeal period, at Review Division,
or at WCAT, it remains subject to the policy in effect at the time of the
incident.

September 15, 2011 R5.48-1

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RE: Chemical and Biological Substances – ITEM: R5.54-1

Controlling Exposure –
Exposure Control Plan

BACKGROUND
1. Explanatory Notes

Section 5.54 sets out the requirement for an exposure control plan in certain
circumstances and the necessary elements if an exposure control plan is required.
Among those elements is health monitoring under section 5.54(2)(f).

2. The Regulation

Section 5.54:

(1) An exposure control plan must be implemented when

(a) exposure monitoring under section 5.53(3) indicates that a

worker is or may be exposed to an air contaminant in excess
of 50% of its exposure limit,
(b) measurement is not possible at 50% of the applicable
exposure limit, or
(c) otherwise required by this Regulation.

(2) The exposure control plan must incorporate the following elements:

(a) a statement of purpose and responsibilities;

(b) risk identification, assessment and control;
(c) education and training;
(d) written work procedures, when required;
(e) hygiene facilities and decontamination procedures, when required;
(f) health monitoring, when required;
(g) documentation, when required.

(3) The plan must be reviewed at least annually and updated as necessary by
the employer, in consultation with the joint committee or the worker health
and safety representative, as applicable.

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POLICY
At the request of persons outside the Board or Board staff, the Board may arrange for
samples to be analyzed as part of a health monitoring program under section 5.54(2)(f).
The Board will have the results organized into broad categories of body burden levels
and reported to the person who made the request and to Board staff and industry
representatives concerned with the particular program.

The actual body burden levels of individuals are confidential and will only be revealed to
a worker if the worker inquires, and to anyone else with the worker's written
authorization. Questions regarding specific analysis results should be referred to the
Board staff concerned with the particular program.

EFFECTIVE DATE: April 1, 2001

AUTHORITY: s. 5.54(2)(f), Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 13.01(6) of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 13.01(6), as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
13.01(6) was issued.

September 15, 2010 R5.54-1

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PART 8

PERSONAL PROTECTIVE CLOTHING AND EQUIPMENT

Part 8 of the Occupational Health and Safety Regulation sets out requirements relating
to:

• general matters;
• safety headgear;
• eye and face protection;
• limb and body protection;
• footwear;
• high visibility and distinguishing apparel;
• buoyancy equipment;
• flame resistant clothing; and
• respiratory protection.

September 15, 2010

 PREVENTION MANUAL

RE: Personal Protective Clothing and Equipment – ITEM: R8.10-1

General Requirements –
Personal Clothing and Accessories

BACKGROUND

1. Explanatory Notes

Section 8.10 sets out restrictions on personal clothing and accessories and on cranial
and facial hair to avoid the creation of hazards.

2. The Regulation

Section 8.10:

(1) The personal clothing of a worker must be of a type and in a condition

which will not expose the worker to any unnecessary or avoidable
hazards.

(2) If there is a danger of contact with moving parts of machinery or with

electrically energized equipment, or if the work process presents similar
hazards

(a) the clothing of the worker must fit closely about the body,

(b) dangling neckwear, bracelets, wristwatches, rings or similar

articles must not be worn, except for medical alert bracelets
which may be worn with transparent bands that hold the
bracelets snugly to the skin, and

(c) cranial and facial hair must be confined, or worn at a length

which will prevent it from being snagged or caught in the
work process.

POLICY

The Board is only concerned with the lack of clothing if a worker is exposed to the
possibility of injury from the material being handled or contact with an abrasive surface
or object, or contact with a surface at a temperature which could cause a burn injury.

Workers handling hot tar or other material that could burn through splashing, fuming, or
radiant heat must wear suitable clothing covering the body and arms.

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Workers exposed to the abrasive action of material, such as the carrying of lumber on
the shoulder or against the body, must wear appropriate clothing.

A worker may have to change or add clothing as the worker's job duties or work
conditions change.

The employer may have a dress code or policy for clothing requirements during warm
weather. An officer will not enforce an employer's policy of this type.

Officers will issue orders where the lack of clothing is exposing a worker to the
possibility of injury.

EFFECTIVE DATE: April 1, 2001

AUTHORITY: s. 8.10, Occupational Health and Safety Regulation
CROSS REFERENCES: s. 8.2, Occupational Health and Safety Regulation
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 14.02 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 14.02, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
14.02 was issued.

September 15, 2010 R8.10-1

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RE: Personal Protective Clothing and Equipment – ITEM: R8.22-1

Footwear –
General Requirement

BACKGROUND

1. Explanatory Notes

Section 8.22 sets out the general requirements for protective footwear, including the
standards with which safety protective footwear must comply.

2. The Regulation

Section 8.22:

(1) A worker’s footwear must be of a design, construction, and material

appropriate to the protection required.

(2) To determine appropriate protection under subsection (1) the following

factors must be considered: slipping, uneven terrain, abrasion, ankle
protection and foot support, crushing potential, temperature extremes,
corrosive substances, puncture hazards, electrical shock and any other
recognizable hazard.

(3) If a determination has been made that safety protective footwear is

required to have toe protection, metatarsal protection, puncture resistant
soles, dielectric protection or any combination of these, the footwear must
meet the requirements of

(a) CSA Standard CAN/CSA-Z195-M92, Protective Footwear

(b) ANSI Standard Z41-1991, American National Standard for Personal
Protection – Protective Footwear,
(c) British Safety Institution Standard BS EN 345:1993 Specification for
Safety Footwear for Professional Use, or
(d) British Safety Institution Standard BS EN 346:1993 Specification for
Protective Footwear for Professional Use.

(4) A worker must wear the appropriate footwear and ensure that it is in a
condition to provide the required protection.

(5) If it is not practicable for workers in the performing arts to wear safety
footwear meeting the requirements of subsection (3) other effective
measures must be taken for protection from injury.

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POLICY

Where the worker's job activity or work environment has a danger of injury to the toes,
metatarsal area, or soles of the feet, the footwear must incorporate devices to protect
against the danger. The dangers can be tools, materials or equipment dropping or
rolling onto the toes or top of the foot, or stepping on sharp objects which can cut or
puncture the sole of the foot. If one or more of these dangers are present, workers
must wear footwear with the necessary protective features meeting the requirements of
a standard authorized under section 8.22(3). If the footwear does not have the
protective features, the alternative of using footguards or other effective devices is
acceptable.

There are job activities and work environments where, although the dangers of injury to
the worker do not require the specific protective footwear meeting the requirements of
section 8.22(3), appropriate footwear must be worn to prevent injury to the worker.
Other dangers against which protection is required include slipping, dampness, heat,
cold, uneven ground or work surfaces that could twist the ankle, harmful materials that
could contact the skin of the foot, ankle or lower leg, abrasion or hits to the ankle.

The standards in section 8.22(3) do not provide performance requirements to guide the
selection or assessment of footwear for protection from these dangers. The employer
must assess each worker's exposure to the dangers and ensure the worker's footwear
is of a type and construction which minimizes, as far as is practicable, the risk of injury
to the worker.

Athletic shoes provide a considerable degree of comfort and support to the foot in
strenuous sports activities such as running, or court games like tennis or squash. This
footwear is acceptable for occupational use provided the style and construction provides
protection from the dangers to which the worker will be exposed. As illustrations:

• Mesh-type covering over the toe area would not be acceptable in a laboratory
where there is danger of chemicals dropping onto the foot.

• Low cut uppers would not be acceptable where there is danger of abrasion to
the ankle.

There are job activities and work environments where a heavy work shoe or boot or a
specific protective feature would normally be required but the wearing of such footwear
could endanger the worker or damage the work environment. The Board accepts the
following:

• Roofers applying asphalt shingles or similar materials which can be damaged

by heavy work boots generally wear light, soft-soled footwear.

• Carpet layers and similar finishing trades where workers are constantly
kneeling down generally do not use safety-toed footwear.

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• When workers are climbing or walking steel, safety-toed footwear is not

required. However, they must wear substantial footwear having leather
uppers reaching past the ankle.

• Workers in the logging industry walking on logs or on steep sidehills or

uneven ground are not required to have safety-toes in their footwear.

Occasionally the Board receives a request under Division 9 of the Act to vary the
application of section 8.22 for medical reasons. The Board will consider such a request
if the concern is based on a medical reason and:

• there is no alternative means of modifying the work requirements or the work

area in order to remove the risk of injury;

• the risk of injury is comparatively minor; and

• the medical reason is valid.

EFFECTIVE DATE: April 1, 2001

AUTHORITY: s. 8.22, Occupational Health and Safety Regulation
CROSS REFERENCES: Division 9, Workers Compensation Act
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Housekeeping changes were made on March 1, 2005 to reflect the
October 29, 2003 changes to the Occupational Health and Safety
Regulation (“OHSR”). This Item originally replaced Policy No. 14.08 of
the former Prevention Division Policy and Procedure Manual.
Effective October 29, 2003, the reproduction of section 8.22(3)(e) of the
OHSR in this Item was deleted to reflect its repeal.
A housekeeping change was made on December 14, 2001.
This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 14.08, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
14.08 was issued.
APPLICATION: This policy applies to worker footwear on and after April 1, 2001.

September 15, 2010 R8.22-1

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RE: Personal Protective Clothing and Equipment – ITEM: R8.33-1

Respirators – Interchanging Air Cylinders

BACKGROUND

1. Explanatory Notes

Section 8.33 outlines the requirements for the selection of respirators.

2. The Regulation

Section 8.33:

(1) The employer, in consultation with the worker and the occupational health
and safety committee, if any, or the worker health and safety
representative, if any, must select an appropriate respirator in accordance
with CSA Standard CAN/CSA-Z94.4-93, Selection, Use and Care of
Respirators.

(2) Only a respirator which meets the requirements of a standard acceptable

to the Board may be used for protection against airborne contaminants in
the workplace.

POLICY

Compressed air cylinders may be interchanged with different makes of self-contained

breathing apparatus (SCBA) provided the cylinders are fully compatible with the SCBA
on which they will be used. The cylinders must have the same pressure rating and
fittings with the same type of thread and thread length.

When interchanging is being done, the user should be aware that using cylinders
originally made for one make of SCBA on another make will void the NIOSH approval
for that SCBA. This may affect the user's ability to successfully recover damages from
the SCBA manufacturer in the event of an equipment problem or malfunction.

EFFECTIVE DATE: August 1, 2001

AUTHORITY: s. 8.33, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective February 1, 2011 to reflect regulation
changes effective on that date.
Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.

February 1, 2011 R8.33-1

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Housekeeping changes were made on March 1, 2005 to reflect the

October 29, 2003 changes to the Occupational Health and Safety
Regulation (“OHSR”). This Item originally replaced Policy No. 14.23(2)-1
of the former Prevention Division Policy and Procedure Manual.
Effective October 29, 2003, the reproduction of section 8.33(1) of the
OHSR in this Item was revised to reflect its amendment.
This Item results from the 2000/2001 “editorial” consolidation of all
Prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 14.23(2)-1,
as they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
14.23(2)-1 was issued.
APPLICATION: This policy applies to interchanging compressed air cylinders on self-
contained breathing apparatus on and after August 1, 2001.

February 1, 2011 R8.33-1

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RE: Personal Protective Clothing and Equipment – ITEM: R8.33-2

Respirators – Interchanging Air Lines

BACKGROUND

1. Explanatory Notes

Section 8.33 outlines the requirements for the selection of respirators.

2. The Regulation

Section 8.33:

(1) The employer, in consultation with the worker and the occupational health
and safety committee, if any, or the worker health and safety
representative, if any, must select an appropriate respirator in accordance
with CSA Standard CAN/CSA-Z94.4-93, Selection, Use and Care of
Respirators.

(2) Only a respirator which meets the requirements of a standard acceptable

to the Board may be used for protection against airborne contaminants in
the workplace.

POLICY

Air lines on respirators can generally be interchanged provided they:

• are NIOSH approved;

• are of the same inside diameter and length as recommended by the

manufacturer; and

• have compatible end fittings.

When interchanging is being done, the user should be aware that using air lines
originally made for one make of respirator on another make will void the NIOSH
approval for that respirator. This may affect the user’s ability to successfully recover
damages from the respirator manufacturer in the event of an equipment problem or
malfunction.

February 1, 2011 R8.33-2

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EFFECTIVE DATE: August 1, 2001

AUTHORITY: s. 8.33, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective February 1, 2011 to reflect regulation
changes effective on that date.
Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Housekeeping changes were made on March 1, 2005 to reflect the
October 29, 2003 changes to the Occupational Health and Safety
Regulation (“OHSR”). This Item originally replaced Policy No. 14.23(2)-2
of the former Prevention Division Policy and Procedure Manual.
Effective October 29, 2003, the reproduction of section 8.33(1) of the
OHSR in this Item was revised to reflect its amendment.
This Item results from the 2000/2001 “editorial” consolidation of all
Prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 14.23(2)-2,
as they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
14.23(2)-2 was issued. A caution has been added regarding the voiding
of NIOSH approval in certain situations.
APPLICATION: This policy applies to interchanging air lines on respirators on and after
August 1, 2001.

February 1, 2011 R8.33-2

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PART 10

DE-ENERGIZATION AND LOCKOUT

Part 10 of the Occupational Health and Safety Regulation sets out various requirements
relating to the de-energization and lockout of machinery and equipment.

September 15, 2010

 PREVENTION MANUAL

RE: De-Energization and Lockout – ITEM: R10.3-1

When Lockout Required
(Automatic) J-Bar Sorting Systems

BACKGROUND
1. Explanatory Notes

Section 10.3 sets out requirements for locking out machinery and equipment. Other
requirements are found in sections 4.3 and 12.15.

2. The Regulation

Section 10.3:

(1) If machinery or equipment is shut down for maintenance, no work may be

done until

(a) all parts and attachments have been secured against

inadvertent movement,
(b) where the work will expose workers to energy sources, the
hazard has been effectively controlled, and
(c) the energy isolating devices have been locked out as
required by this Part.

(2) If machinery or equipment is in use for normal production work, subsection

(1) applies if a work activity creates a risk of injury to workers from the
movement of the machinery or equipment, or exposure to an energy
source, and the machinery or equipment is not effectively safeguarded to
protect the workers from the risk.

Section 4.3:

(1) The employer must ensure that each tool, machine and piece of
equipment in the workplace is

(a) capable of safely performing the functions for which it is

used, and
(b) selected, used and operated in accordance with
(i) the manufacturer’s recommendations and instructions,
if available,

September 15, 2010 R10.3-1

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(ii) safe work practices, and

(iii) the requirements of this Regulation.

(2) Unless otherwise specified by this Regulation, the installation, inspection,

testing, repair and maintenance of a tool, machine or piece of equipment
must be carried out

(a) in accordance with the manufacturer’s instructions and any

standard the tool, machine or piece of equipment is required
to meet, or
(b) as specified by a professional engineer.

(3) A tool, machine or piece of equipment determined to be unsafe for use

must be identified in a manner which will ensure it is not inadvertently
returned to service until it is made safe for use.

(4) Unless otherwise specified by this Regulation, any modification of a tool,

machine or piece of equipment must be carried out in accordance with
(a) the manufacturer’s recommendations and instructions, if
available,
(b) safe work practices, and
(c) the requirements of this Regulation.

Section 12.15:

Effective means of restraint must be used

(a) on a connection of a hose or a pipe if inadvertent disconnection

could be dangerous to a worker,
(b) if unplanned movement of an object or component could endanger
a worker, or
(c) to secure an object from falling and endangering a worker.

POLICY
Entry into bin areas of automatic J-Bar sorting systems, either above or below the lifts, is
prohibited unless the system is locked-out in accordance with section 10.3.

In addition to lock-out, the following is required:

(a) when maintenance, repair work, routine clean-up, or inspection requires

entry into the bin area, the lifts must be lowered onto positive mechanical
stops of adequate size, or onto the bin removal chains. Safety stops must
not be depended on to withstand the impact of a falling lift; or

September 15, 2010 R10.3-1

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(b) when circumstances require entry of a worker into a bin to clear a lumber
hang-up which prevents lowering of the lift onto a positive stop, the lift
must be restrained in accordance with section 12.15.

Guarding of bin removal chain drives is not required as this is a restricted access area
and the system must be locked out before entry is permitted.

It is the employer's responsibility to:

(a) obtain documentation (documentation from the equipment manufacturer is

acceptable) that the blocking equipment or restraining devices are capable
of performing the functions for which they are to be used under section
4.3(1)(a); and

(b) maintain the equipment as specified by the manufacturer as required by

section 4.3(2).

EFFECTIVE DATE: April 1, 2001

AUTHORITY: ss. 10.3, 4.3 and 12.15, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Housekeeping changes were made on March 1, 2005 to reflect the
October 29, 2003 changes to the Occupational Health and Safety
Regulation (“OHSR”). This Item originally replaced Policy No. 62.60 of
the former Prevention Division Policy and Procedure Manual.
Effective October 29, 2003, the reproduction of section 4.3 of the OHSR
in this Item was revised to reflect its amendment.
This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 62.60, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
62.60 was issued.
APPLICATION: This policy applies to locking out Automatic J-Bar Sorting Systems on
and after April 1, 2001.

September 15, 2010 R10.3-1

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PART 12

TOOLS, MACHINERY AND EQUIPMENT

Part 12 of the Occupational Health and Safety Regulation sets out requirements relating
to:

• general matters;
• guarding mechanical power transmission parts;
• conveyors;
• power presses, brake presses and shears;
• feed-rolls and metal-forming rolls;
• machine tools;
• abrasive equipment;
• power actuated tools;
• woodworking tools and equipment;
• mobile chippers;
• chain saws;
• automotive lifts and other vehicle supports;
• miscellaneous equipment;
• drilling rock or similar materials;
• breaking and melting metal;
• abrasive blasting and pressure washing;
• welding, cutting and allied processes;
• painting, coating and work with plastics and resins;
• laundry and dry cleaning activities; and
• rail car movement.

September 15, 2010

 PREVENTION MANUAL

RE: Tools, Machinery and Equipment – ITEM: R12.2-1

General Requirements –
Safeguarding Requirement (During Use of Dynamometer)

BACKGROUND
1. Explanatory Notes

Section 12.2 sets out the general safeguarding requirement for machinery and
equipment.

2. The Regulation

Section 12.2:

Unless elsewhere provided for in this Occupational Health and Safety

Regulation, the employer must ensure that machinery and equipment is fitted
with adequate safeguards which

(a) protect a worker from contact with hazardous power transmission

parts,
(b) ensure that a worker cannot access a hazardous point of operation,
and
(c) safely contain any material ejected by the work process which
could be hazardous to a worker.

POLICY
The following safeguards must be adhered to when testing motor vehicles on
dynamometers:

(a) only competent workers will operate vehicles and test equipment;

(b) to prevent runaways, dynamometer units must have front-mounted idler

safety rolls, unless the vehicle under test is chained or otherwise secured
to substantial anchor points;

(c) adequate chocks must be fitted to block the non-driving wheels;

(d) when front-wheel drive vehicles are under test, lateral drift must be
prevented;

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(e) prior to testing, the drive wheels and tires must be closely examined. No
testing will be carried out when:

(i) wheels or tires are so out of balance as to cause bounce likely to

result in lateral movement of the vehicle off the rolls,
(ii) wheels or tires are so damaged or worn as to be unsafe for
operation at the road speeds to be reached during the test,
(iii) tires contain stones or other foreign material imbedded in the treads
(All such material must be removed before testing commences.), or
(iv) tires are of a studded type;

(f) guard screens of substantial construction and adequate size must be

positioned closely behind the rear of the vehicle (These must be
manufactured from shock-absorbing material designed to prevent ricochet
of material striking the screens.);

(g) the exposed portions of the rolls must be effectively guarded while in
motion, in accordance with Part 12; and

(h) the vehicle exhaust gases must be removed from work areas.

EFFECTIVE DATE: April 1, 2001

AUTHORITY: s. 12.2, Occupational Health and Safety Regulation
CROSS REFERENCES: Part 12, Occupational Health and Safety Regulation
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
This Item resulted from an editorial consolidation of prevention policies
into the Prevention Manual, which was effective on October 1, 2000.
The Policy in this Item continued the substantive requirements that
existed before the consolidation, with any wording changes necessary to
reflect legislative and other changes that have occurred. Policy No.
26.02-2 in the former Prevention Division Policy and Procedure Manual
was replaced by this Item. A housekeeping change was made on
December 14, 2001. A typographical error was corrected on March 30,
2004.
APPLICATION: The application of this policy remains unchanged from its previous
authority under Policy No. 26.02-2 of the former Prevention Division
Policy and Procedure Manual.

September 15, 2010 R12.2-1

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PART 14

CRANES AND HOISTS

Part 14 of the Occupational Health and Safety Regulation sets out requirements relating
to:

• general matters;
• equipment operation;
• bridge, gantry and overhead travelling cranes;
• powered hoists and winches;
• manually powered hoists;
• mobile cranes, boom trucks and aerial ladder cranes;
• tower cranes;
• miscellaneous material hoists;
• construction material hoists; and
• chimney hoists.

September 15, 2010

 PREVENTION MANUAL

RE: Cranes and Hoists – ITEM: R14.5-1

General Requirements –
Rated Capacity Indication (Bridge Cranes)

BACKGROUND

1. Explanatory Notes

Section 14.5 sets out the requirements for indicating the rated capacity of cranes and
hoists on certain parts of the equipment.

2. The Regulation

Section 14.5:

(1) Subject to subsection (3), the rated capacity of a crane or hoist

system must be permanently indicated on the superstructure,
hoist and load block of the equipment.
(2) The rated capacity of a monorail crane must be permanently
marked on the hoist and at intervals not exceeding 10 m (33 ft.)
on the monorail beam.
(3) If the rated capacity of a crane or hoist is affected by
(a) the vertical or horizontal angle of a boom or jib,
(b) the length of a boom or jib,
(c) the position of a load supporting trolley, or
(d) the use or position of outriggers to increase the stability of
the structure,
a load chart must be permanently posted on the crane or hoist or
must be issued to the crane or hoist operator who must keep it
available at all times when operating the crane or hoist.
(4) A load chart under subsection (3) must indicate the rated
capacity for the crane or hoist for the working positions and
configurations in use and must be in a legible condition.

POLICY

With respect to bridge cranes, the "superstructure" referred to in section 14.5 means the
bridge girder.

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Marking of the safe working load on the crane runways and their supporting structure is
not mandatory or necessary for bridge cranes.

EFFECTIVE DATE: April 1, 2001

AUTHORITY: s.14.5, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to amend
reference to Section 14.5(1) of the Regulation, delete practice reference
and make formatting changes.
Replaces Policy No. 56.04(2) of the Prevention Division Policy and
Procedure Manual. A housekeeping change was made on December
14, 2001.
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 56.04(2), as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
56.04(2) was issued.

September 15, 2010 R14.5-1

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RE: Cranes and Hoists – ITEM: R14.11-1

General Requirements – Support Structure
(Hoist Load Capacity Not to Exceed
Hoist Support Structure)

BACKGROUND

1. Explanatory Notes

Section 14.11(1) requires that the rated capacity of a hoist must not exceed the capacity
of the support structure.

2. The Regulation

Section 14.11(1):

The rated capacity of a hoist must not exceed the capacity of the structure
supporting the hoist.

Section 14.5(1):

Subject to subsection (3), the rated capacity of a crane or hoist system must be
permanently indicated on the superstructure, hoist and load block of the
equipment.

POLICY

Officers will order out of service any hoist installation where the rated load capacity
marked on the hoist is greater than the safe working load marked on its supporting
structure.

The hoist installation shall not come back into use until section 14.11(1) has been
complied with. Among the methods of complying are:

• replacing the hoist with one having a rated capacity equal to or less than the
safe working load of the support structure; and

• obtaining a certificate from a professional engineer that the support structure

has a safe working load equal to or greater than the hoist capacity, and
marking the support structure accordingly.

It is not permissible to downgrade the capacity of a hoist simply by posting on the hoist
a rated capacity equal to the safe working load of the support structure.

September 15, 2010 R14.11-1

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EFFECTIVE DATE: August 1, 2001

AUTHORITY: s. 14.11(1), Occupational Health and Safety Regulation
CROSS REFERENCES: 14.5(1), Occupational Health and Safety Regulation
HISTORY: Housekeeping changes effective September 15, 2010 to remove
reference to Section 14.4 and amend Section 14.5(1) of the Regulation,
delete practice reference and make formatting changes.
Housekeeping changes were made on March 1, 2005 to reflect the
October 29, 2003 changes to the Occupational Health and Safety
Regulation (“OHSR”). This Item originally replaced Policy No. 56.04 of
the former Prevention Division Policy and Procedure Manual.
Effective October 29, 2003, the reproduction of section 14.4 of the OHSR
in this Item was revised to reflect its amendment.
This Item results from the 2000/2001 “editorial” consolidation of all
Prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 56.04, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
56.04 was issued.
APPLICATION: This policy applies to all hoists where the hoist’s load capacity exceeds
the load capacity of the support structure on and after August 1, 2001.

September 15, 2010 R14.11-1

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 PREVENTION MANUAL

RE: Cranes and Hoists – ITEM: R14.81-1

Tower Cranes – Limit Devices

BACKGROUND

1. Explanatory Notes

Section 14.81 sets out the requirements for load limiting devices on tower cranes.

2. The Regulation

Section 14.81:

(1) A tower crane must have automatic travel limit switches and
automatic overload prevention devices that prevent
overloading at any trolley position, the load block from
travelling beyond the highest allowable position specified by
the manufacturer and the trolley from travelling beyond the
allowable limit specified by the manufacturer.
(2) Subject to subsection (4), limit devices on a tower crane must
be tested before the crane is first used on each work shift.
(3) Any malfunction of an automatic limit or safety device on a
tower crane must be remedied before the crane is used.
(4) If it is not practicable, due to the configuration of the workplace,
to position sufficient test weights to test the maximum load limit
switch before the crane is first used on each work shift, the
maximum load limit switch must
(a) be set to activate at a load of less than 80% of the
maximum rated capacity for the crane and tested using
test blocks, and
(b) be reset to the maximum load limit for the crane and
tested using test blocks before making any lift that is
greater than the load limit setting established under
paragraph (a).
(5) A tower crane with a luffing boom must have an automatic limit
device that prevents the boom being raised beyond the
maximum permitted boom angle.
(6) In subsection (5), “luffing boom” means a boom that is raised
and lowered about a pivot point to change the load radius.

September 15, 2010 R14.81-1

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POLICY

Unless otherwise specified by the manufacturer, load-limiting devices must be tested in

the following manner:

• connect test blocks #1 and #2 by a wire rope of sufficient length to permit

block #1 to be raised clear of the ground without lifting block #2;

• attach the crane load hook to the lifting eye of block #1 and lift the block clear
of the ground; and

• continue the lift until the load limiting switch is activated, or block #2 is clear of
the ground.

The load limit switch is correctly adjusted if the crane will lift and hold test block #1, but
will not lift the combined weight of test block #1 and #2.

Inability to lift test block #1, or ability to lift both blocks #1 and #2, indicates the need for
adjustment of the load limit switch.

If the crane is able to lift both test blocks #1 and #2, the crane must not be used until the
load limit switch is correctly adjusted and a satisfactory test has been made.

EFFECTIVE DATE: August 1, 2001

AUTHORITY: s. 14.81, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to amend
reference to Section 14.81 of the Regulation, delete practice reference
and make formatting changes.
Replaces Policy No. 56.42(5) of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
Prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 56.42(5), as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
56.42(5) was issued.

September 15, 2010 R14.81-1

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 PREVENTION MANUAL

PART 16

MOBILE EQUIPMENT

Part 16 of the Occupational Health and Safety Regulation sets out requirements relating
to:

• general matters;
• guards;
• seat requirements and rider restrictions;
• seat belts;
• operating requirements;
• tire servicing; and
• all-terrain vehicles.

September 15, 2010

 PREVENTION MANUAL

RE: Mobile Equipment – ITEM: R16.3-2

General Requirements – Operation and Maintenance
(Fuel Tank Filler and Vent Outlet Locations)

BACKGROUND
1. Explanatory Notes

Section 4.3(1) requires that equipment be operated in accordance with safe work
practices.

2. The Regulation

Section 4.3(1):

The employer must ensure that each tool, machine and piece of equipment in the
workplace is

(a) capable of safely performing the functions for which it is used, and
(b) selected, used and operated in accordance with
(i) the manufacturer’s instructions, if available,
(ii) safe work practices, and
(iii) the requirements of this Regulation.

POLICY

A fuel tank fill point or tank vent opening is not permitted within the enclosed cab of a
vehicle. This condition is most likely to arise when a winter cab enclosure is installed on
a vehicle.

Officers finding a tank fill point, or a vent outlet within a worker-occupied enclosure on a
vehicle, will require extension of the filler and/or vent line to safe locations outside the
cab. The connection between the extension and the original opening must be liquid and
vapour tight to prevent fuel leakage or vapour release into the enclosure.

If the feasibility of doing the modifications appears doubtful, officers will discuss their
concerns with a Board engineer before issuing orders.

September 15, 2010 R16.3-2

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EFFECTIVE DATE: April 1, 2001

AUTHORITY: s. 4.3(4), Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to update
Regulation provisions due to repeal of Section 16.3(4), delete practice
reference and make formatting changes.
Replaces Policy No. 26.02-3 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 26.02-3, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
26.02-3 was issued.

September 15, 2010 R16.3-2

Page 2 of 2
 PREVENTION MANUAL

RE: Mobile Equipment – ITEM: R16.21-1

Guards – Protective Structures
(Hydraulic Excavators)

BACKGROUND
1. Explanatory Notes

Section 16.21 sets out requirements for protection of operators of mobile equipment
from various hazards.

2. The Regulation

Section 16.21(1):

Operators of mobile equipment must be protected against falling, flying or intruding

objects or material by means of suitable cabs, screens, grills, shields, deflectors, guards
or structures.

Section 16.21(2), in part:

The means of protection must meet the requirements of the following applicable
standard:

(a) WCB Standard – G601, Standard for Log Loader and Log Yarder
Backstops;
(b) WCB Standard – G602, Standard for Log Loader and Log Yarder
Raised Cabs;
(c) WCB Standard – G603, Standard for Log Loader and Log Yarder
Window Guards;
(d) WCB Standard – G604, Standard for Light-Duty Screen Guards for
Off-Highway Equipment;
(e) WCB Standard – G605, Standard for Mobile Equipment Half-Doors;
(f) WCB Standard – G607, Standard for Medium Duty Screen Guards
– Front End Log Loader;
(g) WCB Standard – G608, Standard for Mobile Equipment Roof
Structures – Heavy Duty;
(h) WCB Standard – G609, Standard for Mobile Equipment Roof
Structures – Light Duty ….

September 15, 2010 R16.21-1

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 PREVENTION MANUAL

POLICY
The standards referenced in Section 16.21(2) mean that the minimum operator
protection expected on hydraulic excavators exposed to hazards caused by intruding or
flying objects, such as loose debris, snags, tree trunks, or limbs, normally encountered
in pioneering steep side hill logging grades and right-of-way construction, is:

WCB G602 - cab structure designed to resist a force of at least 2,000 lbs.
(simulating a blunt log impact at 3.9 miles per hour), and an
alternate exit meeting the requirements of Section 16.17.

WCB G603 - window guards (mild steel bars or rods with a maximum opening
of 64 square inches) on the front, sides (where permitted by boom
clearance), and back of the cab where there is a hazard of
intruding or flying objects.

WCB G608 - heavy duty roof structure (able to absorb 8500 foot - pounds of
energy). SAE J1043 - Minimum Performance Criteria for Falling
Object Protective Structures for Industrial Equipment or equivalent
standard is an accepted option under G608.

Polycarbonate at least ¼ inch thick and supported from behind with at least a one inch
overlap along the perimeter is an adequate substitute for WCB Standard G604 light duty
wire screen or brush guards.

Polycarbonate at least ½ inch thick and adequately supported from behind along the
perimeter and by members in one direction not more than 10 inches apart may be an
adequate substitute for G603 window guards. Consult with the WCB Engineering
Section for assistance in assessing G603 window guards with polycarbonate.

September 15, 2010 R16.21-1

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 PREVENTION MANUAL

EFFECTIVE DATE: April 1, 2001

AUTHORITY: s. 16.21, Occupational Health and Safety Regulation
CROSS REFERENCES: s. 16.17, Occupational Health and Safety Regulation
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Housekeeping changes were made on March 1, 2005 to reflect the
October 29, 2003 changes to the Occupational Health and Safety
Regulation (“OHSR”). This Item originally replaced Policy No. 26.16(1)
of the former Prevention Division Policy and Procedure Manual.
Effective October 29, 2003, the reproduction of section 16.21(2) of the
OHSR in this Item was revised to reflect its amendment.
This Item results from the 2000/2001 “editorial” consolidation of all
Prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 26.16(1), as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
26.16(1) was issued.
APPLICATION: This policy applies to protective structures for hydraulic excavators on
and after April 1, 2001.

September 15, 2010 R16.21-1

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 PREVENTION MANUAL

RE: Mobile Equipment – ITEM: R16.22-1

Guards – Rollover Protective Structures
(Pipe Layers or Side Boom Tractors)

BACKGROUND
1. Explanatory Notes

Section 16.22(1) requires that certain types of mobile equipment, weighing 700 kg
(1,500 lbs) or more, must have protective rollover structures. Included in the list of
equipment are pipe layers or side boom tractors manufactured after January 1, 2000.

2. The Regulation

Section 16.22(1) in part:

The following types of mobile equipment, weighing 700 kg (1,500 lbs) or

more, must have rollover protective structures (ROPS):

…
(h) pipe layers or side boom tractors manufactured after
January 1, 2000.

POLICY
Pipe layers or side boom tractors manufactured before January 1, 2000 are exempt
from the requirement for ROPS.

However, although not required, the fitment of a ROPS canopy should be encouraged
where possible in such cases.

If a ROPS is not fitted, the employer must provide the operator with detailed safe work
procedures which, when followed, will minimize the possibility of machine roll over.

September 15, 2010 R16.22-1

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 PREVENTION MANUAL

EFFECTIVE DATE: April 1, 2001

AUTHORITY: s. 16.22(1)(h), Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 26.16(3)(b) of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
Prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 26.16(3)(b),
as they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
26.16(3)(b) was issued.

September 15, 2010 R16.22-1

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 PREVENTION MANUAL

RE: Mobile Equipment – ITEM: R16.24-1

Guards – ROPS Certification
(Sweep Arms)

BACKGROUND
1. Explanatory Notes

Section 16.24 sets out the requirements for certification of ROPS and changes to
ROPS.

2. The Regulation

Section 16.24:

(1) A ROPS must be certified by the ROPS manufacturer or a professional

engineer as meeting a standard specified in section 16.23.

(2) Any addition, modification, welding or cutting on a ROPS must be done in

accordance with the instructions of and be recertified by the ROPS
manufacturer or a professional engineer.

POLICY
The sweep arms on rubber-tired skidders are intended to deflect material away from in
front of the canopy. Sweep arms occasionally get damaged (bent or deformed) through
contact with large trees or logs.

Where the sweep arm is an integral part of the ROPS on a skidder, the ROPS must be
replaced or recertified when structural damage to the sweep arm is observed.

Damage to the sweep arm alone does not invalidate the ROPS certification where the
sweep arm is not an integral part of the ROPS.

September 15, 2010 R16.24-1

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 PREVENTION MANUAL

EFFECTIVE DATE: April 1, 2001

AUTHORITY: s.16.24, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 26.16(2)-2 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 26.16(2)-2,
as they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
26.16(2)-2 was issued. The references to specific brand names in Policy
No. 26.16(2)-2 have been deleted as not being appropriate for inclusion
in policy.

September 15, 2010 R16.24-1

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 PREVENTION MANUAL

PART 17

TRANSPORTATION OF WORKERS

Part 17 of the Occupational Health and Safety Regulation sets out requirements relating
to:

• general matters;
• crew cars, buses and crummies;
• marine craft; and
• aircraft.

September 15, 2010

 PREVENTION MANUAL

RE: Transportation of Workers – ITEM: R17.12-1

Crew Cars, Buses and Crummies – Seating Design

BACKGROUND
1. Explanatory Notes

Section 17.12 sets out the seating design requirements for crew cars, buses and
crummies used to transport workers.

2. The Regulation

Section 17.12:

A worker transportation vehicle must be equipped with seats that

(a) are safely located and securely attached to the vehicle, with a width
of at least 41 cm (16 in) for each passenger and an upholstered
seat and seat back which provide normal and comfortable seating
for passengers,
(b) face to the front or rear of the vehicle, unless installed otherwise by
the vehicle manufacturer, and
(c) provide a spacing of at least 66 cm (26 in) measured between the
face of the seat back at seat level and the back of the seat or other
fixed object in front.

POLICY
Where seats are installed facing each other, each seat will be considered the “fixed
object in front” for purposes of section 17.12(c) and the spacing of at least 66 cm (26 in)
will be measured between the face of one seat back at seat level and the front edge of
the facing seat.

September 15, 2010 R17.12-1

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 PREVENTION MANUAL

EFFECTIVE DATE: April 1, 2001

AUTHORITY: s. 17.12(c), Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces part of Policy No. 28.12(1) of the Prevention Division Policy
and Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
Prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 28.12(1), as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
28.12(1) was issued.

September 15, 2010 R17.12-1

Page 2 of 2
 PREVENTION MANUAL

RE: Transportation of Workers – ITEM: R17.13-1

Crew Cars, Buses and Crummies –
Seating Capacity

BACKGROUND
1. Explanatory Notes

Section 17.13 sets out the seating capacity requirements for crew cars, buses and
crummies used to transport workers.

2. The Regulation

Section 17.5.1:

The gross vehicle weight rating (GVWR) of the worker transportation vehicle
must not be exceeded.

Section 17.13:

For vehicles that do not have seat belt assemblies in every seating position, the
seating capacity must be determined by the number of 41 cm (16 in) seat widths
available, provided the gross vehicle weight rating (GVWR) is not exceeded.

POLICY
Under section 17.13, seating capacity based on seat width is determined by measuring
each passenger seat and dividing the seat length in inches by 16 inches per passenger.
The capacity of the seat is the number of full 16 inch seat widths and does not include a
fraction or part of seat width.

Each passenger is assumed to weigh at least 68 kg (150 lbs) for the purpose of
estimating GVW under section 17.13 and 17.5.1.

The employer must ensure the vehicle is not loaded beyond the GVW or in excess of
the seating capacity based on seat width whenever workers are being transported.
Officers of the Board may assist an employer in measuring seats to determine seating
capacity but will not designate or rate the maximum number of passengers a worker
transportation vehicle may carry.

Vehicles operating where the Motor Vehicle Act of British Columbia applies must
comply with the requirements of that Act.

September 15, 2010 R17.13-1

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EFFECTIVE DATE: April 1, 2001

AUTHORITY: ss. 17.5.1 and 17.13, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to add section
17.5.1 and amend section 17.13, delete practice reference and make
formatting changes.
Replaces part of Policy No. 28.12(1) of the Prevention Division Policy
and Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
Prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 28.12(1), as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
28.12(1) was issued.

September 15, 2010 R17.13-1

Page 2 of 2
 PREVENTION MANUAL

PART 19

ELECTRICAL SAFETY

Part 19 of the Occupational Health and Safety Regulation sets out requirements relating
to:

• general electrical matters;

• working on low voltage electrical equipment;
• working on high voltage electrical equipment;
• working on de-energized high voltage power systems;
• working close to energized high voltage equipment and conductors;
• tree pruning and falling near energized conductors;
• control systems; and
• electrofishing.

September 15, 2010

 PREVENTION MANUAL

RE: Electrical Safety – ITEM: R19.25-1

Working Close to Energized High Voltage
Equipment and Conductors

BACKGROUND
1. Explanatory Notes

Section 19.24.1 requires, in part, that employers ensure that a specified minimum
distance is maintained between high voltage electrical equipment and conductors and
workplace equipment. If this specified minimum safe distance cannot be maintained,
section 19.25 requires that an employer must obtain a written assurance of certain
matters from a representative of the power system.

2. The Regulation

Section 19.24.1:

Subject to section 19.24.2, or unless otherwise permitted by this Part, if exposed

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

(a) a person working at the workplace;

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

Table 19-1A
Column 1 Column 2
Voltage Minimum approach distance for
working close to exposed
electrical equipment or
conductors
Phase to phase Metres Feet
Over 750 V to 75 kV 3 10
Over 75 kV to 250 kV 4.5 15
Over 250 kV to 550 kV 6 20

February 1, 2011 R19.25-1

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 PREVENTION MANUAL

Section 19.25, in part:

(1) If the minimum distance in Table 19-1A cannot be maintained because of

the circumstances of work or the inadvertent movement of persons or
equipment, an assurance in writing on a form acceptable to the Board and
signed by a representative of the owner of the power system, must be
obtained.

(2) The assurance must state that while the work is being done the electrical
equipment and conductors will be displaced or rerouted from the work
area, if practicable.

(3) If compliance with subsection (2) is not practicable the assurance must
state that the electrical equipment will be isolated and grounded, but if
isolation and grounding is not practicable the assurance must state that
the electrical equipment will be visually identified and guarded.

POLICY
The minimum distances specified in section 19.24.1 and Table 19-1A must be taken
into account when planning the operation of a crane or other equipment close to
overhead electrical conductors. If the operation is planned, with due regard to the
environmental conditions, the condition of the equipment, the capability of the operators,
and the movement of material, so that no part of the equipment, workers, or material
come within the stipulated minimum distance, an assurance in writing under section
19.25(1) is not required.

For the purposes of section 19.24.1, if no other effective means is provided to assist the
operator of a tower crane in maintaining the minimum distance:

• the crane must have a marker placed at an appropriate position on the jib;
and

• the employer must specifically instruct the operator that, when the jib is in a
position such that the load line could enter within the minimum applicable
distance, the trolley must be positioned only on the mast side of the marker.

EFFECTIVE DATE: October 29, 2003

AUTHORITY: ss.19.25 and 19.24.1, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective February 1, 2011 to reflect regulation
changes effective on that date.
Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.

February 1, 2011 R19.25-1

Page 2 of 3
 PREVENTION MANUAL

Effective April 1, 2001, this Item replaced Policy No. 24.04(1) of the
former Prevention Division Policy and Procedure Manual. Effective
October 29, 2003, the policy incorporated a paragraph from Item R14.53-
1 which was deleted in response to the duplication and redundancy
package of regulatory amendments.
APPLICATION: This policy applies to all instances where workplace equipment comes in
close proximity to high voltage electrical equipment and conductors on
and after October 29, 2003.

February 1, 2011 R19.25-1

Page 3 of 3
 PREVENTION MANUAL

RE: Electrical Safety – ITEM: R19.30-1

Tree Pruning and Falling Near Energized Conductor –
Preliminary Inspection

BACKGROUND
1. Explanatory Notes

Section 19.30 sets out requirements for preliminary inspections to identify hazardous
areas prior to commencing tree-pruning and falling near energized conductors. Included
in the inspection is whether any part of the tree to be pruned or felled is, or may be,
within the minimum distance specified in Section 19.24.1 and Table 19-1A.

2. The Regulation

Section 19.30:

(1) Before commencing tree pruning or falling close to energized high voltage
overhead conductors, the worksite must be inspected by a qualified
person, authorized by the owner of the power system, to identify any
hazardous areas, including situations where any part of a tree to be
pruned or felled is within the applicable minimum distance from an
energized conductor as specified in Table 19-1A, or may fall within that
distance.

(2) Immediately before commencing work, an inspection must be performed

by a qualified person to verify the results of the initial inspection done
under subsection (1) are still valid.

Section 19.24.1:

Subject to section 19.24.2, or unless otherwise permitted by this Part, if exposed

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

(a) a person working at the workplace;

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

February 1, 2011 R19.30-1

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 PREVENTION MANUAL

Table 19-1A
Column 1 Column 2
Voltage Minimum approach distance for
working close to exposed
electrical equipment or
conductors
Phase to phase Metres Feet
Over 750 V to 75 kV 3 10
Over 75 kV to 250 kV 4.5 15
Over 250 kV to 550 kV 6 20

POLICY
Tree trimmers intending to work close to energized high voltage lines must call the utility
to request a qualified person to perform the preliminary inspection under section
19.30(1). The following guidelines are to be used in determining if tree-trimming is
close to energized high voltage overhead conductors:

• any part of the tree, as it stands near an energized line, is within the general
limits of approach specified in section 19.24.1;

• any branches are above an energized line in such a way that any severed
portion may fall within the general limits of approach of section 19.24.1; or

• any contemplated topping operation will produce a cut length capable of

extending from the tree to within the limits of approach of section 19.24.1.

EFFECTIVE DATE: April 1, 2001

AUTHORITY: ss.19.30 and 19.24.1, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective February 1, 2011 to reflect regulation
changes effective on that date.
Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 24.08(1) of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 24.08(1), as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
24.08(1) was issued.

February 1, 2011 R19.30-1

Page 2 of 2
 PREVENTION MANUAL

PART 20

CONSTRUCTION, EXCAVATION AND DEMOLITION

Part 20 of the Occupational Health and Safety Regulation sets out requirements relating
to:

• general matters;
• safe work areas and safe access;
• bridges and similar structures;
• concrete formwork and falsework;
• concrete pumping;
• tilt-up building construction;
• concrete pre-stressing and post-tensioning;
• open web joists and trusses;
• roof work;
• excavations;
• scaling operations;
• pile driving and dredging;
• demolition; and
• work in compressed air.

September 15, 2010

 PREVENTION MANUAL

RE: Construction, Excavation and Demolition – ITEM: R20.17-1

Concrete Formwork and Falsework –
Specifications and Plans

BACKGROUND

1. Explanatory Notes

Section 20.17 sets out the requirements for specifications and plans for concrete
formwork and falsework.

2. The Regulation

Section 20.17:

(1) The employer must ensure that a set of plans and specifications meeting
the requirements of CSA Standard S269.1-1975, Falsework for
Construction Purposes and CSA Standard CAN/CSA-S269.3-M92,
Concrete Formwork is prepared for the formwork for each job and for all
items of concrete work, the failure of which could cause injury.

(2) Erection drawings and supplementary instructions for concrete formwork,

falsework and reshoring must be certified by a professional engineer and
available at the site during erection, use and removal of the concrete
formwork, falsework and reshoring.

(3) The following types of concrete formwork require erection drawings and
supplementary information certified by a professional engineer:

(a) flyforms;

(b) gang forms;

(c) jump forms;

(d) vertical slip forms;

(e) formwork more than 4 m (13 ft) in height;

(f) suspended forms for slabs, stairs and landings;

(g) beam forms;

(h) single sided forms over 2 m (6.5 ft) in height;

(i) cantilever forms;

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(j) bridge deck forms;

(k) shaft lining forms;

(l) tunnel lining forms;

(m) forms so designated by the designer of the structure.

POLICY

Occasionally a portion of formwork and falsework may be designed as part of a sales or

rental subcontract by a scaffold and shoring supplier, or designed as part of the
permanent structure by the design engineer for the structure.

Generally, the "partial designs" supplied in such cases are certified by a professional
engineer, but do not contain all the information and instructions required by the
Regulation. Typically, documents are deficient in the area of section views, packing,
blocking, and form details. Reshoring, where required, is either not specified or not
referenced. There may also be a statement in such documents indicating or implying
the documents do not satisfy the requirements of the Regulation without further
detailing.

These documents are not acceptable unless additional detailing and documentation,
certified by a professional engineer, are available at the site for the portions of the
design not covered by the "partial designs" referred to above.

It is the responsibility of the employer to ensure the erection drawings and any
supplementary instructions are complete and comply with the Regulation.

An "inspection certificate" issued by an engineer prior to pour, based on incomplete

erection drawings and supplementary instructions, is not valid.

Officers will order concrete placing stopped if the inspection certificate is not available at
the site or is not valid.

EFFECTIVE DATE: April 1, 2001

AUTHORITY: s. 20.17, Occupational Health and Safety Regulation
CROSS REFERENCES: s. 20.18 – 20.26, Occupational Health and Safety Regulation
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Housekeeping changes were made on March 1, 2005 to reflect the
October 29, 2003 changes to the Occupational Health and Safety
Regulation (“OHSR”). This Item originally replaced Policy No. 34.28(6)
of the former Prevention Division Policy and Procedure Manual.
Effective October 29, 2003, the reproduction of section 20.17(1) of the
OHSR in this Item was revised to reflect its amendment.

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This Item results from the 2000/2001 “editorial” consolidation of all

prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 34.28(6), as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
34.28(6) was issued.
APPLICATION: This policy applies to certified plans and specifications for formwork and
falsework on and after April 1, 2001.

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RE: Construction, Excavation and Demolition – ITEM: R20.26-1

Concrete Formwork and Falsework –
Inspections

BACKGROUND

1. Explanatory Notes

Section 20.26 sets out the requirements for inspection of concrete formwork and
falsework before placement of concrete or other loading.

2. The Regulation

Section 20.26:

(1) Immediately before placement of concrete or other intended loading, the

employer must ensure that the concrete formwork and falsework is
inspected and an engineering certificate is issued by a professional
engineer, which

(a) indicates the specific areas inspected,

(b) certifies that the concrete formwork and falsework has been
erected in accordance with the latest approved erection
drawings and supplementary instructions, and

(c) certifies that specified reshoring is in place.

(2) The certificate required by subsection (1) must be available at the site for
inspection by an officer.

(3) If a gangform is being reused on the same jobsite without modification, an

inspection by a qualified person must be performed before each pour, in
which case a new professional engineer’s inspection certificate under
subsection (1) is not required.

POLICY

The professional engineer who issues the written certificate prior to each concrete
placing need not personally inspect the formwork. The professional engineer must
ensure an adequate inspection is done by a competent person immediately prior to
concrete placing before issuing a certificate

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The phrase "immediately before" in section 20.26(1) is normally interpreted to mean that
the inspection must be done not more than 24 hours prior to the start of concrete
placing. Inclement weather subsequent to the inspection, or other causes for delay of
the concrete placing, will normally necessitate an additional inspection and an engineer
to revalidate the inspection certificate.

EFFECTIVE DATE: April 1, 2001

AUTHORITY: s.20.26, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 34.28(17) of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 34.28(17),
as they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
34.28(17) was issued.

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RE: Construction, Excavation and Demolition – ITEM: R20.40-1

Concrete Pumping – Outriggers

BACKGROUND

1. Explanatory Notes

Section 20.40 requires that outriggers be used in accordance with the manufacturer’s
specifications. These specifications may not, however, cover all situations. Section
4.3(1) requires that equipment be operated in accordance with safe work practices.

2. The Regulation

Section 20.40:

(1) Outriggers must be used in accordance with the concrete placing boom
manufacturer’s specifications.

(2) Extendible outriggers for a concrete placing boom must be marked to

indicate maximum extension.

(3) A concrete placing boom manufactured after January 1, 1999 must have
its outriggers or jacks permanently marked to indicate the maximum load
they will transmit to the ground.

Section 4.3(1):

The employer must ensure that each tool, machine and piece of equipment in the
workplace is

(a) capable of safely performing the functions for which it is used, and
(b) selected, used and operated in accordance with
(i) the manufacturer's instructions, if available,
(ii) safe work practices, and
(iii) the requirements of this Regulation.

POLICY

Manufacturer's instructions generally require that outriggers be fully deployed when the
boom on a concrete pump is raised. Section 20.40 requires compliance with these
instructions.

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However, in some situations it may be impracticable to fully deploy outriggers The

manufacturer’s instructions do not generally cover this possibility.

Section 4.3(1) provides that, in the absence of manufacturer’s instructions, the

operation of mobile equipment must be carried out in accordance with safe work
practices. Set out below are guidelines for determining the "safe work practices” to be
followed under section 4.3(1) in such cases.

(1) As far as possible, the worksite must be organized so that concrete pump
trucks can have their outriggers fully deployed when raising the boom.
Where section 118 of the Act applies, the prime contractor or owner and
the employer of the truck operator share responsibility for planning truck
location. Truck location should be addressed if a pre-job meeting is held.

(2) The full deployment of outriggers will not be considered impracticable just
because it:

• is more convenient;

• saves money;

• avoids repositioning the truck; or

• requires the removal of stored materials that might reasonably be

moved.

(3) Among the situations where it may be impracticable to fully deploy

outriggers are:

• where it would put the machine within an unsafe distance to hazards

such as excavations and powerlines;

• where the outriggers would extend into traffic and the circumstances of
the job render it impracticable to obtain permission to close traffic lanes
(This is subject to municipal by-laws governing the obstruction of traffic
that may result from using the pump truck.); and

• where adjoining structures or an excavated or natural bank restricts

deployment.

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(4) The pump operator must be trained as to the situations where the
outriggers need not be fully deployed and, where they are not fully
deployed, as to the regions where the boom may be located so as to
maintain truck stability. The operator must have written detailed
instructions in the truck.

(5) Outriggers that cannot be fully deployed must be extended as far as

possible and all jacks lowered to apply ground loading and to level the
truck. Floats must be used where required. Outriggers must be fully
deployed on the working side of the boom.

EFFECTIVE DATE: April 1, 2001

AUTHORITY: ss.20.40 and 4.3(1), Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective February 1, 2012 to reflect the
regulation changes effective that date amending section 20.40 of the
regulation.

Housekeeping changes effective September 15, 2010 to add Section

4.3(1), delete Section 16.3(4) which has been repealed, make
consequential changes to the text, delete practice reference and make
formatting changes.
Replaces Policy No. 26.02-4 of the Prevention Division Policy and
Procedure Manual. A housekeeping change was made on December
14, 2001.
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 26.02-4, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
26.02-4 was issued.

February 1, 2012 R20.40-1

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RE: Construction, Excavation and Demolition – ITEM: R20.72-1

Open Web Joists and Trusses –
Erection Instructions
(All-Wood Plate-Connected Open Web Trusses)

BACKGROUND

1. Explanatory Notes

Section 20.72 requires that written instructions from a professional engineer or the
manufacturer be available at the worksite before work is undertaken on the erection of
premanufactured open web joists and trusses.

2. The Regulation

Section 20.72:

(1) Work must not be undertaken on the erection of premanufactured open

web joists and trusses until clear and appropriate written instructions from
a professional engineer or the manufacturer of the joists or trusses,
detailing safe erection procedures, are available at the worksite.

(2) Erection and temporary bracing of open web joists and trusses must be
done in accordance with the written instructions required by subsection
(1).

POLICY

This policy applies to all-wood plate-connected open web flat and pitched trusses. It
does not apply to multi-member chord types or pin-connected, wood chord-metal tube
web-type trusses (Trus Joists).

The employer responsible for the handling and installation of the trusses must have
clear and appropriate written instructions from the truss manufacturer or a professional
engineer, stipulating safe erection procedures. The truss manufacturer will normally
provide some General Recommended Erection and Bracing Instructions with delivery of
the trusses.

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Officers will stop truss erection when:

• erection and bracing instructions are not available at the site or are obviously
incomplete;

• work is not being done in accordance with the erection and bracing
instructions;

• the side walls or skeletal structural building frame are inadequately braced
(Typically, the recommended maximum spacing braces on walls is 30 feet or
10 metres.);

• damaged trusses (including twisted webs, bent connector plates, cracked

chords) are being or have been installed; or

• heavy loads are being applied to trusses before all bracing, bridging and
decking has been installed.

EFFECTIVE DATE: April 1, 2001

AUTHORITY: s. 20.72, Occupational Health and Safety Regulation
CROSS REFERENCES: s. 191, Workers Compensation Act
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 34.42-1 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
Prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 34.42-1, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
34.42-1 was issued.

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PART 24

DIVING, FISHING AND OTHER MARINE OPERATIONS

Part 24 of the Occupational Health and Safety Regulation sets out requirements relating
to:

• wharves, docks and mooring floats; and

• diving operations:
o general matters;
o scuba diving;
o surface supply diving;
o deep diving;
o altitude diving;
o specific diving hazards;
o live boating; and

• fishing operations:
o general matters;
o specific fishing operations:
gillnetting;
handlining;
longlining;
seining;
trap fishing;
trawling; and
trolling.

September 15, 2010

 PREVENTION MANUAL

RE: Diving, Fishing and Other Marine Operations – ITEM: R24.7-1

Diving Operations –
General Requirements – Application (Variances)

BACKGROUND

1. Explanatory Notes

Sections 24.7 to 24.68 set out the requirements for occupational diving operations.

2. The Regulation

Section 24.7:

Sections 24.7 to 24.68 apply to all persons involved in any occupational diving
operation.

POLICY

An employer planning to use a diving procedure different from the requirements of the
Regulation must request a variance under Division 9 of the Act. The application for the
variance must include details of the proposed procedure.

If the variance is granted, the variance order will include explicit terms controlling the
dive. A copy of the variance must be posted at the workplace under section 169(3) of
the Act.

Officers inspecting such diving operations must ensure the terms of the variance are
being met. If not, an order is to be issued stopping the operations.

If a copy of the variance is not available at the dive site, only diving activities conforming
to the Regulation are permitted.

EFFECTIVE DATE: April 1, 2001

AUTHORITY: s.24.7, Occupational Health and Safety Regulation
CROSS REFERENCES: Division 9, Workers Compensation Act
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 11.02 of the Prevention Division Policy and
Procedure Manual. A housekeeping change was made on December
14, 2001.

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APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 11.02, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
11.02 was issued.

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RE: Diving, Fishing and Other Marine Operations – ITEM: R24.69-1

Fishing Operations –
General Requirements – Application

BACKGROUND

1. Explanatory Notes

Sections 24.70 to 24.143 of the Regulation set out the requirements for fishing
operations. Section 24.69 identifies the persons to whom these requirements apply.

2. The Regulation

Section 24.69:

Sections 24.70 to 24.143 apply to all owners, masters and crewmembers of

licensed commercial fishing vessels.

Section 24.1:

“owner” for the purposes of sections 24.69 to 24.143, means the

person who holds legal title to a fishing vessel and also
includes a charterer of a fishing vessel

“master” for the purposes of sections 24.69 to 24.143, means the

person in overall command of a fishing vessel

“crewmember” for the purposes of sections 24.69 to 24.143, means any

person who is working on a fishing vessel

POLICY

(a) Owner

“Owner” includes a charterer of a fishing vessel. Whenever a Board officer finds a

violation of a section of the Regulation that expressly makes the "owner" responsible
and the vessel has been chartered, the order will be made both against the person
holding the legal title and the charterer.

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(b) Master

The master may be a "supervisor" for the purpose of other sections of the Regulation
and the Act.

(c) Crewmember

The definition of “crewmember” includes all persons employed in the harvesting or

transporting of fish on a fishing vessel. It includes the "master”, and the "owner" when
he or she is working on the vessel.

Sections 24.69 to 24.143 do not apply to passengers or other persons who do no work
on the vessel or employees of contractors who come on board to repair the vessel while
it is in harbour. The latter are, however, subject to other sections of the Regulation.

(d) Application

Many provisions of sections 24.69 to 24.143 impose obligations on the "owner",

"master" or "crewmember". Some do not specifically impose an obligation on any
person. These will apply to owners, masters and crewmembers, as appropriate.

Sections 24.69 to 24.143 cover all commercial fishing activities conducted from licensed
vessels, including geoduck divers. Among the activities not covered are:

• fishing operations conducted entirely on shore, such as clam diggers;

• operations that fall within the category of fish farms, such as oyster farms;
and

• fishing done for the purpose of obtaining the fisher's own food.

Sections 24.69 to 24.143 apply to activities incidental to fishing operations that are
carried out on land, such as on the dock where the vessel is moored or in a locker
where the vessel's gear is stored. The regular maintenance or minor repair of a fishing
vessel conducted by the owner, master or crew or individual workers hired by the owner
or master is also covered.

Sections 24.69 to 24.143 do not apply to constructing a fishing vessel or doing major
repairs.

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EFFECTIVE DATE: July 1, 2003

AUTHORITY: ss.24.1 and 24.69, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy Nos. 85.01 and 85.2 of the Prevention Division Policy
and Procedure Manual. A housekeeping change was made on
December 14, 2001. Effective July 1, 2003, the definition of
crewmember under section (c) clarified and the reference to the now
defunct personal commercial fishing licenses was removed.
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy Nos. 85.01 and
85.2, as they existed prior to the Effective Date, with any wording
changes necessary to reflect legislative and regulatory changes since
Policy Nos. 85.01 and 85.2 were issued.

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RE: Fishing Operations – ITEM: R24.70-1

Compliance with Standards

BACKGROUND

1. Explanatory Notes

Section 24.70 sets out requirements relating to the construction and ongoing
seaworthiness of fishing vessels.

2. The Regulation

Section 24.70:

All fishing vessels must

(a) be maintained in seaworthy condition, and

(b) if constructed after January 1, 1995, be built in accordance with

applicable Canadian Coast Guard Regulations, or other standard
acceptable to the board.

POLICY

(a) Seaworthiness

"Seaworthy" is defined in Kerchove's International Maritime Dictionary (2nd Edition) as:

The sufficiency of a vessel in materials, construction, equipment, crew and outfit

for the trade or service in which it is employed….

It involves consideration of a number of factors, including:

• construction, structure and stability of the vessel;

• machinery and equipment on the vessel;

• load being carried and its distribution on the vessel;

• place or places to which the vessel will be voyaging; and

• weather and sea conditions that the vessel is likely to encounter.

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Section 24.70 imposes a general obligation to keep a vessel seaworthy. No person is

expressly made responsible to do this, but the responsibility will normally be on the
owner or master. The owner will be responsible where there is no master in charge of
the vessel or the lack of seaworthiness relates to the structure or equipment of the
vessel. The master may be found responsible for a lack of seaworthiness relating to
structure and equipment where it arises during a voyage. The master will be
responsible where the lack of seaworthiness relates to the operation of the vessel.

Where a Board officer considers that a vessel is clearly unseaworthy, he or she will
make an order to correct the situation. Where the officer has a concern over
seaworthiness but is not sure, and the vessel is over 15 tons, the officer may require
production of the vessel's Canada Steamship Inspection certificate issued under the
Canada Shipping Act. If no certificate is available, the officer may order that one be
obtained. Where the vessel is less than 15 tons, the officer may consult with the
Canada Coast Guard for advice as to the seaworthiness of the vessel and whether
applicable federal regulations have been complied with. The officer may order that a
survey be conducted by a marine surveyor, architect or engineer if he or she considers
that there is a serious question as to the seaworthiness of a boat. The officer may
accept a certificate of inspection by a marine insurance company as evidence of
seaworthiness where accompanied by a survey carried out by or on behalf of the
company.

(b) Construction Standards

Until the Canada Coast Guard regulations (the Small Fishing Vessel Safety Regulations
proposed under the Canada Shipping Act) referred to in section 24.70(b) are in effect,
the Board will accept the March, 1993 published draft of these regulations as the
standard to which new vessels must be constructed after January 1, 1995.

In determining whether a vessel was constructed before or after January 1, 1995,

regard will be had to the date the keel was laid.

EFFECTIVE DATE: July 1, 2000

AUTHORITY: s.24.70, Occupational Health & Safety Regulation
CROSS REFERENCES: See Fishing Operations - Vessel Preparation (R24.76-1)
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 85.4 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 85.4, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
85.4 was issued.

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RE: Fishing Operations – ITEM: R24.71-1

Owner and Master Responsibilities

BACKGROUND

1. Explanatory Notes

Section 24.71 sets out various responsibilities of owners and masters of fishing vessels.

2. The Regulation

Section 24.71

(1) An owner of a fishing vessel must ensure that all machinery and equipment
on board a fishing vessel is capable of safely performing the functions for
which it is used.

(2) The owner must ensure that major modifications to a fishing vessel do not
adversely affect the stability of the vessel.

(3) The master of a fishing vessel must ensure that

(a) machinery and equipment is properly maintained and functions

safely during the voyage, and
(b) any replacement equipment meets the requirements of this Part.

POLICY

The owner's responsibility under section 24.71(1) is to ensure that the machinery and
equipment placed on board before the start of the season is appropriate for the size of
the vessel and the fishery in which it will be engaged. The machinery and equipment
must be working and must meet all the requirements of the Regulation.

Section 24.71 does not specify who provides or pays for equipment. That is a matter of
contract between the parties or, in certain situations, may be covered by other regulatory
requirements. The owner's obligation under section 24.71(1) extends to machinery and
equipment brought on board by the master and crewmembers.

After the machinery and equipment has been provided by the owner, section 24.71(3)
states that the master must ensure it is maintained until the end of the voyage. The
master must also ensure that, where equipment must be replaced during the voyage, it
meets the requirements of the Regulation. A voyage will generally continue until the
vessel returns to its home port, regardless of short stop-overs in other ports. However,
there may be situations where the voyage ends at another port.

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EFFECTIVE DATE: July 1, 2000

AUTHORITY: s.24.71, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 85.5 of the Prevention Division Policy and Procedure
Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 85.5, as they
existed prior to the Effective Date, with any wording changes necessary to
reflect legislative and regulatory changes since Policy No. 85.5 was
issued.

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RE: Fishing Operations – ITEM: R24.72-1

Documentation

BACKGROUND

1. Explanatory Notes

Section 24.72 requires fishing vessel owners to provide certain documentation on board
the vessel that is readily accessible to crewmembers.

2. The Regulation

Section 24.72:

The owner of every fishing vessel must provide documentation on board, readily
accessible to crewmembers, which describes

(a) engine room instructions,

(b) vessel characteristics, including stability,
(c) the location and use of firefighting equipment, and
(d) the location and use of emergency equipment, including radio
equipment.

POLICY

Under section 24.72(b), the owner must give notice of unique features of the vessel
which might not otherwise be known to a new master and crew and which might cause
hazards in certain situations if the boat is not properly handled. This includes
instructions on how to perform operations on the vessel without impairing its stability
and seaworthiness.

EFFECTIVE DATE: July 1, 2000

AUTHORITY: s.24.72, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 85.6 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 85.6, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
85.6 was issued.

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RE: Fishing Operations – ITEM: R24.73-1

Instruction

BACKGROUND

1. Explanatory Notes

Section 24.73 requires fishing vessel masters to provide crewmembers with certain
instruction before the start of the season.

2. The Regulation

Section 24.73:

(1) Before the start of each fishing season, the master must ensure that each
crewmember is instructed in the operational characteristics of the fishing
vessel including

(a) the location and use of safety equipment, engine room components
and controls,
(b) deck equipment and rigging,
(c) navigation equipment and electronic aids,
(d) fishing equipment and its use, including safe work practices for
each fishery the vessel will be engaged in,
(e) procedures for anchoring the vessel,
(f) the location and use of emergency equipment, including firefighting
and radio equipment, and
(g) escape routes in the event of fire.

(2) The master must ensure as far as is reasonably practicable, that the
instruction required by subsection (1) results in each crewmember being
able to apply the information as needed to protect the crewmember's
health and safety.

(3) New crewmembers joining the vessel must be instructed in accordance

with the requirements of this section at the time that they join the vessel.

POLICY

The information provided and testing carried out under section 24.73(1) and (2) will vary
to a certain extent according to the job of the person being instructed. Some of the
operational characteristics of the fishing vessel will affect the health and safety of all
crewmembers and everyone should know about them. However, other characteristics

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will only affect certain crewmembers and they must receive individual instruction about
the features and operations with which they are concerned.

With regard to section 24.73(3) the instructions must be given prior to sailing.

EFFECTIVE DATE: July 1, 2000

AUTHORITY: s.24.73, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 85.7 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 85.7, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
85.7 was issued.

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RE: Fishing Operations – ITEM: R24.74-1

Emergency Procedures

BACKGROUND

1. Explanatory Notes

Section 24.74 requires fishing vessel masters to establish procedures for various types
of emergencies.

2. The Regulation

Section 24.74:

(1) The master must establish procedures and assign responsibilities to each
crewmember to cover all emergencies including

(a) crewmember overboard,

(b) fire on board,
(c) flooding of the vessel,
(d) abandoning ship, and
(e) calling for help.

(2) The master must ensure that drills are conducted at the start of each
fishing season, when there is a change of crew, and at periodic intervals
to ensure that crewmembers are familiar with emergency procedures.

POLICY

With regard to section 24.74(2), a "drill" involves actually using the equipment to the
extent that this is practicable without damaging the equipment or creating a hazard. It is
not necessary to inflate life rafts on every occasion.

A one person crew is expected to carry out a drill to the extent it is practicable.

How frequently drills are held will depend on how familiar the crew are with the
emergency procedures. More drills may be necessary with a new crew than with an
experienced crew.

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EFFECTIVE DATE: July 1, 2000

AUTHORITY: s.24.74, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 85.8 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 85.8, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
85.8 was issued.

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 PREVENTION MANUAL

RE: Fishing Operations – ITEM: R24.75-1

Crewmember Responsibility

BACKGROUND

1. Explanatory Notes

Section 24.75 sets out various responsibilities of crewmembers of fishing vessels.

2. The Regulation

Section 24.75:

Crewmembers must take all reasonable precautions necessary to ensure the

health and safety of themselves and other persons on board the fishing vessel.

POLICY

This provision establishes a crewmember's responsibility to use personal protective

equipment where required, to follow safe work practices, to point out hazards to other
crewmembers, and to discourage horseplay.

EFFECTIVE DATE: July 1, 2000

AUTHORITY: s.24.75, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 85.9 of the Prevention Division Policy and Procedure
Manual.
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 85.9, as they
existed prior to the Effective Date, with any wording changes necessary to
reflect legislative and regulatory changes since Policy No. 85.9 was
issued.

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RE: Fishing Operations – ITEM: R24.76-1

Vessel Preparation

BACKGROUND

1. Explanatory Notes

Section 24.76 requires fishing vessel masters to ensure the vessel can safely make the
passage, with reference to specific factors.

2. The Regulation

Section 24.76:

Before leaving on a voyage the master must ensure that the fishing vessel is
capable of safely making the passage, due consideration being given to

(a) the seaworthiness of the vessel,

(b) the stowage and securing of all cargo, skiffs, equipment, fuel
containers and supplies,
(c) ballasting, and
(d) present and forecast weather conditions.

POLICY

Section 24.76 imposes an obligation on the master to consider the vessel’s

seaworthiness in relation to the particular voyage being planned. (This is in addition to
the general obligation regarding seaworthiness set out in section 24.70 and Item
R24.70-1.) Section 24.76 recognizes that a vessel may be seaworthy for voyages to
some places, such as on a river, but not for voyages to other places, such as on the
open sea.

EFFECTIVE DATE: July 1, 2000

AUTHORITY: s.24.76, Occupational Health & Safety Regulation
CROSS REFERENCES: See Fishing Operations – Compliance with Standards (Item R24.70-1)
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 85.10 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 85.10, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
85.10 was issued.

September 15, 2010 R24.76-1

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RE: Diving, Fishing and Other Marine Operations – ITEM: R24.77-1

Fishing Operations –
General Requirements – Reporting Injuries

BACKGROUND

1. Explanatory Notes

Section 24.77 requires the master of a fishing vessel to report to the owner of the fishing
vessel all injuries that required medical aid and record all injuries in the vessel log book.

2. The Regulation

Section 3.19

(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.

Section 24.77:

(1) Crewmembers must report all injuries to the master, without delay.

(2) The master must report to the owner of the fishing vessel all injuries that
required medical aid and record all injuries in the vessel log book.

POLICY

Section 3.19 provides for keeping a first aid book and access to first aid records. This
section must be complied with to the extent it is consistent with section 24.77, which
requires the master to report injuries requiring medical aid to the owner and record all
injuries in the vessel log book. The vessel log book thereby becomes the first aid book

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and records required by section 3.19. Therefore, it is not necessary to keep a dual set
of first aid records.

EFFECTIVE DATE: July 1, 2003

AUTHORITY: ss.24.77, 33.6 and 33.7, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to update
Regulation provisions, consequential changes to text, delete practice
reference and make formatting changes.
Replaces Policy No. 85.13 of the Prevention Division Policy and
Procedure Manual. Effective July 1, 2003, a minor change was made to
the policy statement, to clarify that only one set of first aid records is
required.
APPLICATION: This Item results from the 2000/2001/2002 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 85.13, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
85.13 was issued.

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RE: Fishing Operations – ITEM: R24.80-1

Slipping and Tripping Hazards

BACKGROUND

1. Explanatory Notes

Section 24.80 sets out certain requirements for preventing slipping and tripping hazards.

2. The Regulation

Section 24.80:

(1) All work areas must be kept

(a) clear of unnecessary obstructions, and

(b) free of slipping and tripping hazards.

(2) Decks must have non-skid surfaces except in those locations where a
smooth deck is required for handling fish.

(3) Tools and equipment must be securely stowed when not in use.

POLICY

With regard to section 24.80(1)(b), it may be impossible to keep work areas free of
slipping and tripping hazards, such as when work must be done on a beach. The
obligation under section 24.80(1) is to do what is reasonably practicable in the way of
removing or reducing hazards, alerting crewmembers to their presence or training them
to recognize them.

EFFECTIVE DATE: July 1, 2000

AUTHORITY: s.24.80, Occupational Health & Safety Regulation
CROSS REFERENCES: See Fishing Operations - Compliance with Standards (Item R24.70-1)
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 85.14 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 85.14, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
85.14 was issued.

September 15, 2010 R24.80-1

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RE: Diving, Fishing and Other Marine Operations – ITEM: R24.83-1

Fishing Operations –
General Requirements – Access and Egress

BACKGROUND

1. Explanatory Notes

Sections 24.83 sets out requirements for portable ladders and gangways. Section 13.2
creates a general obligation to comply with Canadian Standards Association, American
National Standards Institute or Workers’ Compensation Board standards for ladders,
scaffolds and temporary work platforms.

2. The Regulation

Section 24.83:

Every portable ladder or gangway between a fishing vessel and shore, between
vessels, or when used on board a vessel must be designed and rigged to provide
safe access and egress.

Section 13.2:

(1) A ladder, window cleaner’s belt or work platform must meet and be used
in accordance with

(a) the applicable CSA or ANSI standard in effect when the equipment
or structure was manufactured, except as otherwise determined by
the Board,

(b) another standard acceptable to the Board, or

(c) if there is no applicable standard under paragraphs (a) or (b), the

requirements of a professional engineer.

(2) In designing and installing a work platform, appropriate safety factors and
minimum rated loads must be used in the materials and method of
installation, in accordance with

(a) WCB Standard WPL 1, Design, Construction and Use of Wood

Frame Scaffolds, 2004,

(b) WCB Standard WPL 2, Design, Construction and Use of Crane

Supported Work Platforms, 2004,

September 15, 2010 R24.83-1

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 PREVENTION MANUAL

(c) WCB Standard WPL 3, Safety Factor and Minimum Breaking

Strength for Suspended Work Platforms and Associated
Components, 2004, and

(d) WCB Standard LDR 1, Job Built Ladders, 2004.

POLICY

Section 24.83 does not specifically require a safe means of access. It only applies to a
"portable ladder or gangway" where they are provided.

Where a portable ladder is used for access, Part 13 (Ladders, Scaffolds and Temporary
Work Platforms) will be used as a guideline for determining whether it is safe.

EFFECTIVE DATE: January 1, 2005

AUTHORITY: s.24.83, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
This policy incorporates portions of, and replaces, Policy
No. 85.17, “Access and Egress” of the former Prevention Division Policy
and Procedure Manual. A housekeeping change was made on
December 14, 2001. Effective January 1, 2005, this policy is amended
to comply with amendments to Part 13 (Ladders, Scaffolds and
Temporary Work Platforms) of the Occupational Health and Safety
Regulation made on that date.
APPLICATION:

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RE: Diving, Fishing and Other Marine Operations – ITEM: R24.84-1

Fishing Operations –
General Requirements – Protection from Falling

BACKGROUND

1. Explanatory Notes

Sections 24.84 and 24.137 set out fall protection requirements in respect of
crewmembers.

2. The Regulation

Section 24.84:

(1) Crewmembers must be protected from falling overboard by means of

grabrails, siderails, handrails, guardrails or personal fall protection
equipment.

(2) Crewmembers working aloft or on deck during adverse weather conditions

must tie off to a lifeline to prevent falling.

Section 24.137:

Crewmembers working on the stern setting black cod traps must be tied off with
a safety belt or harness, and lifeline, both meeting standards acceptable to the
Board.

POLICY

Section 24.84(1) is intended to stop workers from falling overboard. In applying this
section, regard will be had to the particular needs of fishing operations. Guardrails need
not be installed in places where they will interfere with the work process. However, if
another method of preventing workers from falling overboard is practicable in this
situation, it must be used.

Section 24.84(2) is intended to prevent workers from falling from a height onto a deck.
A crewmember is "aloft" for the purpose of this section when he or she is more than 3
metres (10 feet) above the lowest deck to which a fall may occur.

Section 24.137 provides for fall protection in regard to trap fishing.

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The rails and fall protection equipment required by sections 24.84 and 24.137 need not
conform with the requirements contained in Part 11. They must, however, effectively
restrain a worker from falling or arrest a fall that has occurred. In the case of fall
protection equipment, it is not sufficient to tie a rope around the body. A suitable
harness or belt must be used.

EFFECTIVE DATE: July 1, 2000

AUTHORITY: ss.24.84 and 24.137, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 85.18 of the Prevention Division Policy and
Procedure Manual. A housekeeping change was made on December
14, 2001.
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 85.18, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
85.18 was issued.

September 15, 2010 R24.84-1

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 PREVENTION MANUAL

RE: Fishing Operations – ITEM: R24.85-1

Deck Openings

BACKGROUND

1. Explanatory Notes

Section 24.85 sets out requirements for deck openings and hatches.

2. The Regulation

Section 24.85:

(1) Deck openings and hatches on a fishing vessel must be

(a) equipped with an effective means of securing them, and

(b) closed and secured when it is not essential to the fishing operation
that they be open.

(2) When deck openings and hatches are required to be open for ventilation
or other purposes, they must be marked and guarded.

POLICY

Deck openings need not be marked and guarded when opened for short periods to gain
access and egress. This need only be done where the hatch will remain open for a
prolonged period or may result in a hazard.

Deck openings and hatches are considered "guarded" if a system exists that will warn
crewmembers and place a physical barrier to entry, such as lines in the right places with
red flags tied to them. The "guard" does not have to be capable of physically precluding
the crewmember from access.

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EFFECTIVE DATE: July 1, 2000

AUTHORITY: s.24.85, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 85.19 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 85.19, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
85.19 was issued.

September 15, 2010 R24.85-1

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RE: Diving, Fishing and Other Marine Operations – ITEM: R24.86-1

Fishing Operations –
General Requirements – De-energization

BACKGROUND

1. Explanatory Notes

Section 24.86 sets out requirements for the de-energization of power sources during the
maintenance and repair of machinery or equipment.

2. The Regulation

Section 24.86:

(1) The maintenance and repair of machinery or equipment on board a fishing

vessel must only be carried out when the power source has been de-
energized and effectively secured to prevent inadvertent startup.

(2) If it is essential that equipment remain operational during the maintenance

process, the master must establish a procedure to prevent injury from
contact with moving or energized parts.

(3) The main engine must be shut off whenever a diver is conducting work
underwater in proximity to the vessel.

POLICY

"Maintenance" under section 24.86 has the same meaning as in Part 10, which requires
that machinery be “locked out” for maintenance. “Maintenance” is defined in section
10.1 as:

work performed to keep machinery or equipment in a safe operating condition,

including installing, repairing, cleaning, lubricating and the clearing of
obstructions to the normal flow of material

Section 24.86 requires that de-energization be "effectively secured". There are three
basic ways in which this may be done:

• the person doing the maintenance may keep the means of energizing the
equipment within his or her sight and under his or her control;

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• the equipment may be locked out following section 10.4; or

• if the first two methods are not practicable, other work procedures may be
established that will effectively prevent the equipment being re-energized
while it is being maintained.

EFFECTIVE DATE: July 1, 2000

AUTHORITY: s.24.86, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 85.20 of the Prevention Division Policy and
Procedure Manual. A housekeeping change was made on December
14, 2001.
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 85.20, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
85.20 was issued.

September 15, 2010 R24.86-1

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 PREVENTION MANUAL

RE: Fishing Operations - ITEM: R24.87-1

Equipment Control Devices

BACKGROUND

1. Explanatory Notes

Section 24.87 sets out requirements for equipment control devices.

2. The Regulation

Section 24.87:

(1) Winches, drums, capstans, and similar equipment on board a fishing

vessel must have at least one master on/off control that is readily
accessible on deck.

(2) Drum pedals and other types of hold-to-run controls must not be bypassed
or otherwise rendered ineffective.

POLICY

On a vessel operated by one person, section 24.87 is satisfied by the regular control
switch on each piece of equipment. On vessels operated by more than one person,
there must be another switch or switches away from the equipment at a central location
on the deck.

EFFECTIVE DATE: July 1, 2000

AUTHORITY: s.24.87, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 85.21 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 85.21, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
85.21 was issued.

September 15, 2010 R24.87-1

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RE: Fishing Operations – ITEM: R24.90-1

Ventilation

BACKGROUND

1. Explanatory Notes

Section 24.90 requires crew spaces to be provided with adequate fresh air.

2. The Regulation

Section 24.90:

All crew spaces on fishing vessels must be provided with an adequate supply of
fresh air either by passive or mechanical means.

POLICY

The primary purpose of section 24.90 is to prevent oxygen deficiency or a build up of

carbon monoxide inside the boat when the windows and doors are closed and any
devices such as heaters and engines are running.

EFFECTIVE DATE: July 1, 2000

AUTHORITY: s.24.90, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 85.24 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 85.24, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
85.24 was issued.

September 15, 2010 R24.90-1

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RE: Fishing Operations – ITEM: R24.97-1

Crewmember Overboard (Immersion Suits)

BACKGROUND

1. Explanatory Notes

Section 24.97 sets out requirements for immersion suits and for overboard recovery
equipment and procedures.

2. The Regulation

Section 24.97:

(1) Every fishing vessel must carry, for each crewmember, one immersion suit
meeting standards acceptable to the board.

(2) The master of a vessel must ensure that there is suitable equipment on
board and that procedures have been developed which will enable the
prompt recovery of a crewmember overboard.

POLICY

Section 24.97(1) states that a vessel must have an immersion suit for each
crewmember but does not specifically state who provides them. The owner, master and
crew may agree among themselves as to how compliance with section 24.97(1) is
achieved. However, the Board will hold the owner or master, as appropriate in the
circumstances, responsible for non-compliance, where it is found that the vessel does
not carry an adequate number of immersion suits.

The following alternatives exist:

• Crewmembers may provide their own suits.

Since it is the crewmember's life that is at issue, crewmembers may prefer

having their own suits to ensure they are of good quality, good fit and well
maintained. This is common practice with crewmembers who fish regularly.
On the other hand, a newcomer to the industry or someone who fishes
irregularly may not be willing or not have funds to provide their own suit.

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• The owner or master must provide good quality and proper fitting suits for all
crewmembers who do not supply their own.

Any concern over crewmembers’ treatment of the suits may be covered by

measures such as collecting a refundable deposit or obtaining authorization
to withhold from the crewmember’s share of the catch the cost of repair or
replacement resulting from improper use or carelessness.

EFFECTIVE DATE: July 1, 2000

AUTHORITY: s.24.97, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 85.31 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 85.31, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
85.31 was issued.

September 15, 2010 R24.97-1

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RE: Fishing Operations – ITEM: R24.98-1

Davits

BACKGROUND

1. Explanatory Notes

Section 24.98 sets out requirements for davits.

2. The Regulation

Section 24.98:

The owner of a fishing vessel must ensure that all moveable davits are fitted with
an effective locking device.

POLICY

"Locking" does not mean that there has to be a lock. It means that davits must be
capable of being effectively secured.

EFFECTIVE DATE: July 1, 2000

AUTHORITY: s.24.98, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 85.32 in the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 85.32, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
85.32 was issued.

September 15, 2010 R24.98-1

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RE: Fishing Operations – ITEM: R24.100-1

Ozone Generators

BACKGROUND

1. Explanatory Notes

Section 24.100 sets out requirements for ozone generating equipment.

2. The Regulation

Section 24.100:

The owner of a fishing vessel must ensure that ozone generating equipment is
installed and operated in accordance with standards acceptable to the board.

POLICY

Section 24.100 does not require that the equipment be installed. The intent is only to
set a standard for when the owner chooses to install it.

The equipment must, as far as is practicable, be installed in accordance with the

Board's Manual of Standard Practice on Ozone.

EFFECTIVE DATE: July 1, 2000

AUTHORITY: s.24.100, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 85.34 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 85.34, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
85.34 was issued.

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PART 26

FORESTRY OPERATIONS

Part 26 of the Occupational Health and Safety Regulation sets out requirements relating
to:

• general matters;
• falling and bucking;
• yarding and skidding;
• landings and log dumps;
• hauling;
• roads and road maintenance; and
• water operations.

September 15, 2010

 PREVENTION MANUAL

RE: Forestry Operations – ITEM: R26.11-1

General Requirements – Dangerous Trees
(Removal Prior to Silviculture Activities)

BACKGROUND
1. Explanatory Notes

Section 26.11 sets out the requirements for removal of dangerous trees where forestry
operations are taking place.

2. The Regulation

Section 26.1:

“dangerous tree” means a tree that is a hazard to a worker due to

(a) its location or lean,

(b) its physical damage,
(c) overhead conditions,
(d) deterioration of its limbs, stem or root system, or
(e) any combination of the conditions in paragraphs (a) to (d);

Section 26.11:

(1) If it is known or reasonably foreseeable that work will expose a worker to a

dangerous tree,

(a) the tree must be felled, or

(b) a risk assessment of the tree must be undertaken by a person who
has completed a training program acceptable to the Board.

(2) If a risk assessment under subsection (1) determines that a tree poses a
risk to a worker, the recommendations made in the risk assessment for
eliminating or minimizing the risk must be implemented before the work
referred to in that subsection starts.

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(3) Despite subsections (1) and (2), if work in a forestry operation is to be

carried out in an area that has more than 500 dangerous trees per
hectare, the Board may approve a request to work without felling or
assessing all the dangerous trees if, before the work starts,

(a) a person who has completed a training program acceptable to the

Board conducts a risk assessment of a representative sample of
the dangerous trees, and
(b) any recommendations made in the risk assessment for eliminating
or minimizing the risks are implemented.

POLICY
Silviculture activities include tree planting, juvenile spacing, tree thinning, surveys, cone
collecting, brush or weed control and chemical use in tree thinning practices.

Except where section 26.11 applies, the responsibility for ensuring that dangerous trees
are removed rests with the B.C. Ministry of Forests, owner, licensee or contractor
responsible for the work. The felling of dangerous trees is not to be carried out in
conjunction with silviculture activities. Dangerous tree removal must be undertaken
before silviculture workers are permitted into the hazard area. It is also the B.C. Ministry
of Forests, owner, licensee or contractor's responsibility to ensure all falling activities are
carried out by trained and competent fallers. Failure to comply with these requirements
will result in orders being issued on the B.C. Ministry of Forests, owner, licensee, or
contractor.

This policy does not relieve any sub-contractor of responsibility for compliance with the
Regulation.

EFFECTIVE DATE: April 1, 2001

AUTHORITY: s.26.11, Occupational Health and Safety Regulation
CROSS REFERENCES: s.118, Workers Compensation Act, ss.26.2 and 26.21, Occupational
Health and Safety Regulation
HISTORY: Housekeeping changes effective September 15, 2010 to update
Regulation provisions and consequential changes to text, delete practice
reference and make formatting changes.
Replaces Policy No. 60.14 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 60.14, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
60.14 was issued.

September 15, 2010 R26.11-1

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RE: Forestry Operations – ITEM: R26.79-1

Roads and Road Maintenance –
Haul Road Standards (Maintenance of Forest Roads)

BACKGROUND
1. Explanatory Notes

Section 26.79 sets out requirements for maintenance and construction of roads used to
transport workers and forest products in forestry operations.

2. The Regulation

Section 26.79:

Roads, bridges, elevated platforms, and other structures used by vehicles

transporting workers, logs or other forest products in forestry operations must be
constructed and maintained to a standard which will permit safe transit.

POLICY
Each industrial user of a forest road must have a permit from the B.C. Ministry of
Forests (MOF). Responsibility for maintenance of forest roads will be assigned by MOF
to one or more holders of such permits. Where it is not known which permit holders are
responsible for maintenance of a portion or all of a forest road, this information can be
obtained from the district office of the MOF.

Officers of the Board will issue orders to the permit holder(s) responsible for
maintenance of a forest road if road conditions are creating a danger to workers. The
orders will require the correction or control of the unsafe condition and, if necessary,
restrict use of the road until the danger is controlled or eliminated.

Each employer is responsible for ensuring the safe travel of any of its equipment on any
forest road or haul road system.

September 15, 2010 R26.79-1

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EFFECTIVE DATE: April 1, 2001

AUTHORITY: s. 26.79, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Replaces Policy No. 60.226 of the Prevention Division Policy and
Procedure Manual
APPLICATION: This Item results from the 2000/2001 “editorial” consolidation of all
Prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No. 60.226, as
they existed prior to the Effective Date, with any wording changes
necessary to reflect legislative and regulatory changes since Policy No.
60.226 was issued.

September 15, 2010 R26.79-1

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 PREVENTION MANUAL

RE: Forestry Operations – ITEM: R26.86-1

Water Operations – Boat Equipment
(Towline Guards and OPS for Boom Boats)

BACKGROUND
1. Explanatory Notes
Section 26.86(1)(c) and (d) sets out requirements for suitable cabins, screens or guards
in certain circumstances for operators of boats used in or about a forestry operation.

2. The Regulation
Section 26.86(1) in part:

A boat must be equipped with

(c) suitable cabins, screens or guards to protect operators against

injury from towline breakage if the boats are regularly required to
pull logs, booms or barges,
(d) suitable cabins, screens or guards meeting the requirements of
WCB Standard G606, Boom Boat Operator Protective Structures if
operators are subject to injury from logs or limbs intruding into the
control area ….

POLICY
Towline guards are only required on boats used primarily for towing.

Operator Protective Structures (OPS) are only required on boats used to break
“jackpots”. Jackpots are piles of logs resulting from self-dumping barges.

September 15, 2010 R26.86-1

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EFFECTIVE DATE: April 1, 2001

AUTHORITY: s. 26.86(1)(c) and (d), Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice
reference and make formatting changes.
Housekeeping changes were made on March 1, 2005 to reflect the
October 29, 2003 changes to the Occupational Health and Safety
Regulation (“OHSR”). This Item originally replaced Policy No. 60.260(6)
and (7) of the former Prevention Division Policy and Procedure Manual.
Effective October 29, 2003, the reproduction of section 26.86(1)(d) of the
OHSR in this Item was revised to reflect its amendment.
This Item results from the 2000/2001 “editorial” consolidation of all
Prevention policies into the Prevention Manual. The POLICY in this Item
merely continues the substantive requirements of Policy No.
60.260(6)&(7), as they existed prior to the Effective Date, with any
wording changes necessary to reflect legislative and regulatory changes
since Policy No. 60.260(6)&(7) was issued.
APPLICATION: This policy applies to towline guards and operator protective structures
for boom boats on and after April 1, 2001.

September 15, 2010 R26.86-1

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PART 30

LABORATORIES

Part 30 of the Occupational Health and Safety Regulation sets out requirements relating
to:

• general matters; and

• specific substances and procedures.

September 15, 2010

 PREVENTION MANUAL

RE: Laboratories – ITEM: R30.8-1

General Requirements – Fume Hoods
(Ventilation Systems)

BACKGROUND
1. Explanatory Notes

Section 30.8 sets out the general requirements relating to fume hoods in laboratories.

2. The Regulation

Section 30.8:

(1) A laboratory fume hood and its related ductwork must be designed,
installed and maintained in accordance with the Industrial Ventilation, A
Manual of Recommended Practice, published by the American Conference
of Governmental Industrial Hygienists, as amended from time to time.

(2) A laboratory fume hood must

(a) be connected to a local exhaust ventilation system,

(b) provide average face velocities of 0.4 m/s (80 fpm) to 0.6 m/s (120
fpm) across the operational face opening,
(c) not have face velocities of less than 80% of the average face
velocity required in paragraph (b) at any point across its operational
face opening, and
(d) not have face velocities of more than 120% of the average face
velocity required in paragraph (b) at any point across its operational
face opening.

(2.1) A laboratory fume hood must have a sash that is positioned to protect the
upper body and face of a worker working in the laboratory fume hood from
accidental releases of the contents of the hood while allowing hand and
arm access to equipment inside the hood.

(2.2) A laboratory fume hood with a movable sash must be clearly marked to
identify the maximum size of the operational face opening that will maintain
the average face velocities required in subsection (2) (b).

September 15, 2010 R30.8-1

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(2.3) The employer must ensure

(a) that before it is used, a commercially manufactured laboratory fume

hood has been certified as being tested by the manufacturer, and
(b) following installation and before it is used, a custom built laboratory
fume hood is tested on site by a qualified person.

(2.4) A laboratory fume hood tested under subsection (2.3) must demonstrate
containment not greater than the control level of 0.05 ppm when tested
under "as manufactured " test conditions in accordance with the methods
described in ANSI/ASHRAE Standard 110-1995, Method of Testing
Performance of Laboratory Fume Hoods.

(2.5) The installation of a laboratory fume hood must be certified by a

professional engineer.

(3) A laboratory fume hood must be located to prevent cross drafts or other
disruptive forces from lowering the air flow across the operational face
opening to unacceptable levels.

(4) A laboratory fume hood and its ductwork must be constructed from
materials compatible with its use.

(5) A laboratory fume hood that will be or is being used for working with

(a) radioactive material in amounts that exceed the exemption quantity

specified by the Canadian Nuclear Safety Commission, or
(b) perchloric acid

must be clearly labelled with applicable restrictions on its use.

(6) A laboratory fume hood must not be used for storage of chemicals unless it
is used exclusively for this purpose and is labelled with this limitation.

(7) Controls for the operation of a laboratory fume hood and its service fixtures
must be

(a) located on the outside of the laboratory fume hood, and

(b) immediately accessible to the worker conducting work in the
laboratory fume hood.

(8) Despite subsection (7), water taps may be located inside a laboratory fume
hood if the main shutoff valve for the water is located outside the laboratory
fume hood.

September 15, 2010 R30.8-1

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(9) Equipment being used in a laboratory fume hood must

(a) be kept at least 15 cm (6 in.) from the operational face opening of

the laboratory fume hood, and
(b) not adversely affect airflow into the laboratory fume hood.

(10) Written procedures must be developed and implemented to ensure safe

use and operation of a laboratory fume hood.

Section 30.9:

(1) Face velocities over the operational face opening of a laboratory fume
hood must be quantitatively measured and recorded.

(2) The ability of a laboratory fume hood to

(a) maintain an inward flow of air across the operational face opening,
and
(b) contain contaminants

must be assessed and recorded using a smoke tube or other suitable

qualitative method.

(3) The actions described in subsections (1) and (2) must be performed

(a) after the laboratory fume hood is installed and before it is used,
(b) at least once in each 12 month period after installation, and
(c) after any repair or maintenance that could affect the air flow of the
hood.

(4) If a laboratory fume hood is found to be operating with an average face

velocity of less than 90% of the average face velocity required in section
30.8 (2), the employer must immediately take corrective action to bring the
average face velocity within the required range of velocities.

(5) Airflow in a laboratory fume hood must be monitored continuously if loss of

airflow will result in risk to a worker.

(6) A laboratory fume hood that is being installed must have an alarm capable
of indicating when the average face velocity falls below the minimum
average face velocity level required in section 30.8 (2) when the hood is in
use.

September 15, 2010 R30.8-1

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POLICY
Section 30.8(2) specifies fume hood exhaust ventilation rates in terms of air velocities
measured over the operational face area of the hood. The operational face area is
determined by the height of the sash and will vary with the work carried out in the fume
hood.

The air velocity is the average of measurements made over 6 points at the operational
face of the hood with the sash raised to its highest position. A calibrated anemometer
must be used.

If the measured average velocity is less than specified in section 30.8(2), repeated
measurements must be made with the sash lowered successively until the specified
average air velocity is attained. The sash height where this is determined must be
marked in accordance with section 30.8(2.2). The minimum sash height is 12 inches.

If the fume hood cannot be used at the height determined above, modification is required
to improve the ventilation so the specified air velocities are maintained at the sash height
required for the work performed in the fume hood.

Smoke tube tests must be done to determine whether conditions of air turbulence exist at
the face of the hood. If conditions of severe turbulence exist so that air spills out past the
hood face, the condition must be corrected.

When a sash height adjustment is necessary on a fume hood that is part of a manifolded
system (several hoods serviced by a single exhaust fan), all fume hoods in the system
must be rechecked at the completion of the adjustments to ensure face velocity
compliance (this operation may have to be repeated several times before compliance is
achieved).

EFFECTIVE DATE: April 1, 2001

AUTHORITY: ss. 30.8 and 30.9, Occupational Health and Safety Regulation
CROSS REFERENCES:

October 14, 2011 R30.8-1

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 PREVENTION MANUAL

HISTORY Housekeeping changes effective October 14, 2011 to reflect a change in

the regulation to make alarms mandatory.
Housekeeping changes effective September 15, 2010 to update
Regulation provisions and consequential changes to text, delete practice
reference and make formatting changes.
This Item resulted from an editorial consolidation of prevention policies
into the Prevention Manual, which was effective on October 1, 2000.
The Policy in this Item continued the substantive requirements that
existed before the consolidation, with any wording changes necessary to
reflect legislative and other changes that have occurred. Policy No.
76.05 in the former Prevention Division Policy and Procedure Manual
was replaced by this Item. A housekeeping change was made on
December 14, 2001. A cross-reference correction was made on March
30, 2004 to reflect regulatory amendments relating to occupational
exposure limits, effective October 29, 2003.
APPLICATION: The application of this policy remains unchanged from its previous
authority under Policy No. 76.05 of the former Prevention Division Policy
and Procedure Manual.

October 14, 2010 R30.8-1

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APPENDIX 1

RETIRED DECISIONS FROM

VOLUMES 1 – 6 (DECISIONS NO. 1 – 423) OF THE
WORKERS’ COMPENSATION REPORTER

The Board of Directors Bylaw re: Policies of the Board of Directors lists the policy
manuals and other documents that are policies for purposes of the Workers
Compensation Act. Included in the list are Decisions No. 1 – 423 in volumes 1 – 6 of
the Workers’ Compensation Reporter. These Decisions consist, for the most part, of
decisions made by the former commissioners on various matters between 1973 and
1991.

In order to reduce the number of sources of policies, a strategy has been approved for
consolidating Decisions No. 1 – 423 into the various policy manuals, as appropriate,
and “retiring” the Decisions over time.

“Retire” for this purpose means that, as of the “retirement date”, the Decision is no
longer current policy under the Board of Directors Bylaw.

“Retiring” does not affect a Decision’s status as policy prior to the date it was “retired”.
A “retired” Decision therefore applies in decision-making on historical issues to the
extent it was applicable prior to the “retirement date”. “Retiring” also does not affect the
disposition of any individual matters dealt with in a Decision.

Please note that:

As of January 1, 2010, only one Decision from Volumes 1 – 6 of the Workers’

Compensation Reporter remains to be retired: No. 231. This Decision deals with
a compensation matter (osteoarthritis of the first carpo-metacarpal joint) and will
be addressed in the near future.
Policy decisions of the former Governors and the former Panel of Administrators
still in effect immediately before February 11, 2003 are numbered similarly to
Decisions No. 1 – 423. Many decisions of the former Governors and the former
Panel of Administrators remain policies of the Board of Directors, and have not
been retired.

July 20, 2011