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					                                               PREVENTION MANUAL




     PREVENTION MANUAL




(Note: The Board is in the process of consolidating all prevention policies
into this Manual. Until the consolidation process has been completed,
please refer to the Prevention Division Policy and Procedure Manual for
additional policies.)
                                                              PREVENTION MANUAL


                                         PREFACE



Section 82 of the Workers Compensation Act provides that the Governors of the
Workers’ Compensation Board shall approve and superintend the policies of the
Board, including policies with respect to compensation, assessment,
rehabilitation and occupational safety and health (or prevention). It also requires
the Governors to enact bylaws with respect to the manner in which their policies
shall be published. The powers, duties and functions of the Governors are
currently being discharged by a Panel of Administrators.

Published policy of the Governors now consists of:

       •   the Assessment Policy Manual;
       •   the Classification and Rate List;
       •   the Prevention Division Policy and Procedure Manual;1
       •   the policy statements in the Prevention Manual;
       •   the Rehabilitation Services and Claims Manual;
       •   the Workers’ Compensation Reporter – Decisions No. 1 – 423;2

as well as amendments to the policy manuals, any new or replacement manuals
issued by the Governors or Panel, any documents published by the Workers’
Compensation Board that are adopted by the Governors or Panel as published
policy of the Governors, and all decisions of the Governors or Panel 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 The policies in the Prevention Division Policy and Procedure Manual are gradually being
consolidated into the Prevention Manual, as appropriate, and “retired”.
2 Decisions No. 1 – 423 are gradually being consolidated into the policy manuals, as appropriate,
and “retired”. An explanation of “retirement” and an index of “retired” Decisions are found in
APPENDIX 1 to this Manual.



____________________________________________________________________________________________
July 1, 2000                                                                             i
                                                 PREVENTION MANUAL



                        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.




July 1, 2000                                                                        ii
                                                                                                                     This
                                                                                                                     number
        This                                                                                                         cross-
                                                                        PREVENTION MANUAL                            references
        identifies
        the subject                                                                                                  the Division
        matter.                 RE:                                                ITEM:                             and the
                                                                                                                     section of
                                                                                                                     Part 3 of
                                                                                                                     the Act
                              BACKGROUND                                                                             (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”).
                                                                                                                     Items
                                          This section sets out the Board’s Policy statement. The                    relating to
                                          Policy is approved or amended only by the Panel of                         Part 1 of
                                          Administrators after appropriate consultation.                             the Act
                                                                                                                     have been
                                                                                                                     assigned
                              PRACTICE                                                                               the prefix
                                                                                                                     D24.
                                          This section sets out the Board’s Practice to implement
                                          the Policy. The Practice is approved or amended by the
                                          President/CEO, or delegate, after appropriate
                                          consultation.



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


      This is the
      effective               EFFECTIVE DATE:                                                                      This is the
                                                                                                                   statutory or
      date of the
                              AUTHORITY:                                                                           regulatory
      Policy.
                                                                                                                   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.




       July 1, 2000                                                                                                                 iii
                        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
      D2-111-2         Zone First Aid Competitions
      D2-111-3         Board Approval
      D2-113-1         Varying or Cancelling Previous Decisions or Orders


DIVISION 3 – GENERAL DUTIES OF EMPLOYERS, WORKERS AND OTHERS
      D3-115-1         General Duties - Employers
      D3-116-1         General Duties - Workers
      D3-117-1         General Duties - Supervisors
      D3-118-1         General Duties - Multiple-Employer Workplaces
      D3-119-1         General Duties - Owners
      D3-120-1         General Duties - Suppliers
      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
      D4-138-1          Joint Committees - Employer Must Post Committee
                               Information
      D4-139-1          Joint Committees - Worker Health and Safety
                               Representative
      D4-140-1          Joint Committees - Participation of Worker
                               Representative in Inspections


DIVISION 5 – RIGHT TO REFUSE UNSAFE WORK
      No Items

March 3, 2003                                                                       iv
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
       D7-154-1         Posting of Information - Requirements


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
       D12-196-6       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



March 3, 2003                                                                  v
DIVISION 13 – REVIEWS
       No Items

DIVISION 14 – APPEALS
       No Items


DIVISION 15 – OFFENCES
       D15-215-1       Prosecutions - Due Diligence


DIVISION 16 – GENERAL
       D16-223-1          Collection by Assessment or Judgment


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




March 3, 2003                                                         vi
     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 - Response to Incidents
     R4.43-1          General Conditions - Storing and Handling Materials -
                            Stacking Materials (Steel Pallet Racks)


PART 5 – CHEMICAL AND BIOLOGICAL SUBSTANCES
     R5.54-1           Controlling Exposure - Exposure Control Plan


PART 6 – SUBSTANCE SPECIFIC REQUIREMENTS
     No Items


PART 7 – NOISE, VIBRATION, RADIATION AND TEMPERATURE
     No Items


PART 8 – PERSONAL PROTECTIVE CLOTHING AND EQUIPMENT
     R8.10-1          General Requirements - Personal Clothing Accessories
     R8.11-1          Safety Headgear - General Requirement
     R8.21-1          Limb and Body Protection - Leg Protection



April 2002                                                                    vii
                                                   PREVENTION MANUAL

             R8.22-1      Footwear - General Requirement
             R8.33-1      Respiratory Protection - Selection (Interchanging Air
                                Cylinders)
             R8.33-2      Respiratory Protection - Selection (Interchanging Air Lines
                                on Respirators)


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)
     R12.56-1          Power Actuated Tools - Tool Use (Non-Interchangeability
                             of Fasteners and Cartridges)

PART 13 – LADDERS, SCAFFOLDS AND TEMPORARY WORK PLATFORMS
     R13.13-1          Ladders - Special Purpose Ladders (Manholes or Wells)
     R13.21-1          Scaffolds - General Requirements - Guardrails and
                              Toeboards
     R13.93-1          Work Platforms Supported by a Crane or Hoist -
                              Standards (Suspended Work Platforms)
     R13.129-1         Swing Stages - Prior Permission
     R13.159-1         Suspended Powered Platforms - Permanent Powered
                              Platforms (Use of Permanent Powered Platforms)


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)
     R14.53-1         Equipment Operation - High Voltage Electrical Conductors
                            (Prevention of Contact by Tower Cranes)
     R14.81-1         Tower Cranes - Limit Devices




April 2002                                                                        viii
                                                  PREVENTION MANUAL

PART 15 – RIGGING
     No Items


PART 16 – MOBILE EQUIPMENT
     R16.3-1           General Requirements - Operation and Maintenance
                            (Welding of Forks on Forklift Trucks)
     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 - Assurance in Writing
     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


April 2002                                                                       ix
                                                  PREVENTION MANUAL

PART 23 – OIL AND GAS
     No Items

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
     R24.95-1            Fishing Operations - Controlled Products
     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 Operations (Towline Guards and
                            OPS for Boom Boats)




April 2002                                                                     x
                                                 PREVENTION MANUAL

PART 27 – WOOD PRODUCTS MANUFACTURING
     No Items

PART 28 – AGRICULTURAL OPERATIONS
     R28.00-0         Regulations Specifically Applicable to Agriculture
     R28.00-8.02-1    Safe Working Load
     R28.00-8.38-1    Arrangement of Work Areas/Aisle Markings
     R28.00-8.44-1    Illumination Requirements
     R28.00-8.48-1    Acids, Caustics and Hot Materials - Personal Protective
                              Equipment
     R28.00-8.54-1    Removal of Waste Materials
     R28.1-1          Definitions - "Slightly Toxic, Moderately Toxic or Very
                              Toxic Pesticide"
     R28.2-1          Application - Scope of Application of Regulations
     R28.9-1          Conditions of Places of Employment - Structures
                              (Bridges and Culverts)
     R28.13-1         Conditions of Places of Employment - Excavations
                              (Sloping, Shoring, Bracing)
     R28.25-1         Pesticides - General Requirement (Labeling and Use)
     R28.26-1         Pesticides - Mixing, Loading and Applying Pesticides
                              (Qualifications of Workers)
     R28.31-1         Pesticides - Mixing, Loading and Applying Pesticides
                              (Personal Protective Clothing and Equipment)
     R28.38-1         Pesticides - Pesticide Application (Posting Warning Signs)
     R28.45-1         Pesticides - Pesticide Application (Washing Facilities for
                              Field Workers)
     R28.49-1         Pesticides - Pesticide Application (Records)
     R28.56/57/58-1   Confined Spaces - Precautions Before Entry
     R28.69-1         Personal Protective Clothing and Equipment - General
                              Requirements (Moving Machinery and Electrical
                              Contact Hazards)
     R28.74-1         Personal Protective Clothing and Equipment - Leg
                              Protection (Chain Saw Operation)
     R28.75-1         Personal Protective Clothing and Equipment - Safety
                              Headgear (Where Required)
     R28.92-1         Personal Protective Clothing and Equipment -
                              Respiratory Protection (Air Purity)
     R28.100-1        Personal Protective Clothing and Equipment -
                              Buoyancy Equipment (When Required)
     R28.106-1        Tools, Machinery and Equipment - Agricultural Tractors
                              (ROPS)
     R28.108/109/110/ Tools, Machinery and Equipment - Agricultural Tractors
     111-1                    (Certification of ROPS)
     R28.115-1        Tools, Machinery and Equipment - Agricultural Tractors
                              (Seat Belts)
     R28.153-1        Tools, Machinery and Equipment - Welding and
                              Cutting (Shielding and Ventilation)

April 2002                                                                    xi
                                                  PREVENTION MANUAL

             R28.154-1    Tools, Machinery and Equipment - Welding and
                                 Cutting (Fire Extinguisher)
             R28.156-1    Tools, Machinery and Equipment - Welding and
                                 Cutting (Protective Clothing and Equipment)


PART 29 – AIRCRAFT OPERATIONS
     No Items


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


PART 31 – FIREFIGHTING
     R31-10.1          Personal Protective Clothing and Equipment - General
                             Requirement - Volunteer Firefighters


PART 32 – EVACUATION AND RESCUE
     No Items


PART 33 – OCCUPATIONAL FIRST AID
     R33.2-1          General Requirements for First Aid - Basic Requirements
     R33.2-2          General Requirements for First Aid - Distance from First
                            Aid Services
     R33.5-1          General Requirements for First Aid - Communication and
                            Availability
     R33.6-1          General Requirements for First Aid - First Aid Records
     R33.7-1          General Requirements for First Aid - Access to Records
     R33.8/9/10-1     General Requirements for First Aid - Requirements for First
                            Aid Facilities
     R33.11-1         General Requirements for First Aid - Portable Oxygen
                            Therapy Equipment
     R33.12-1         General Requirements for First Aid - Oxygen Powered
                            Resuscitators
     R33.13-1         General Requirements for First Aid - Drugs and
                            Medications
     R33.14-1         General Requirements for First Aid - Blood and Body Fluid
                            Precautions
     R33.15-1         Requirements for Specific Workplaces - Health Care
                            Facilities




April 2002                                                                     xii
                                                    PREVENTION MANUAL

        R33.16-1         Requirements for Specific Workplaces - Municipal Fire
                                 Departments
        R33.18-1         Requirements for Specific Workplaces - Remote
                                 Workplaces with Lodgings
        R33.21-1         Requirements for Specific Workplaces - Additional First
                                 Aid for Separate Workplaces
        R33.23-1         Requirements for Specific Workplaces - Additional First
                                 Aid if Ambulance Service is Restricted
        R33.24-1         First Aid Attendants - Authority of the Attendant
        R33.26-1         First Aid Attendants - Availability of the Attendant
        R33.29-1         Transportation of Injured Workers - Responsibility for
                                 Transportation
        R33.30/31/32-1   Transportation of Injured Workers - ETVs and Industrial
                                 Ambulances
        R33.35-1         Transportation of Injured Workers - Accompanying an
                                 Injured Worker
        R33.37-1         Transportation of Injured Workers - Air Transport
        R33.38-1         Certification of First Aid Attendants - Levels of
                                 Certification
        R33.40-1         Certification of First Aid Attendants - Minimum Age
                                 Requirements
        R33.41-1         Certification of First Aid Attendants - Medical
                                 Certificates
        R33.44-1         Certification of First Aid Attendants - Renewal of
                                 Certifications and Endorsements
        R33.45-1         Certification of First Aid Attendants - Restriction or
                                 Denial of Certification
        R33.46-1         Certification of First Aid Attendants - Restriction on Initial
                                 Level 3 Certification
        R33.49-1         Instructors and Training Agencies - Registration of
                                 Training Agencies
        R33.50-1         Instructors and Training Agencies - Requirements for
                                 Classrooms
        R33-51-1         Instructors and Training Agencies - Class Size
        R33.52-1         Instructors and Training Agencies - Courses and
                                 Examinations


                                APPENDICES

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




October 2002                                                                          xiii
                         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.




October 1, 2001
                                                      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:



March 3, 2003                                                                 D1-107-1
                                                                            Page 1 of 3
                                                        PREVENTION MANUAL
         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 operations. These business processes are not intrinsic to the
substantive decisions required by the Act and the policies.
March 3, 2003                                                                 D1-107-1
                                                                            Page 2 of 3
                                                          PREVENTION MANUAL

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 Item 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.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.


EFFECTIVE DATE:             March 3, 2003
AUTHORITY:                  ss. 82(1)(a) and 99(2), Workers Compensation Act
CROSS REFERENCES:
HISTORY:
APPLICATION:                This policy applies to decisions on or after March 3, 2003.




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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. Jurisdictional
information is available from the Prevention Division and in the OHS Guidelines.
Reference works on constitutional law and the consolidated federal and
provincial statutes may also be of assistance.

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.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:            October 1, 2001
AUTHORITY:                 s.108, Workers Compensation Act
CROSS REFERENCES:          See also s.114, Workers Compensation Act
HISTORY:                   A housekeeping change was made on December 14, 2001.
APPLICATION:               This Item applies to situations arising on and after October 1,
                           2001.




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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.




October 1, 1999
                                                       PREVENTION MANUAL

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. It is necessary to determine what
persons should exercise the Board’s authority in various areas or provide a
mechanism for making that determination. The Board of Directors does this
through policy-making under section 82 of the Act. Section 113 sets out the
Board’s privative clause with respect to the exercise of its authority under Part 3.

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;




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         (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;

         (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. 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
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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 will be carried out primarily
by the Board’s Prevention Division and must be exercised in accordance with the
policies of the Board of Directors.

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:            February 11, 2003
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.

APPLICATION:




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RE:      Zone First Aid Competitions                            ITEM: D2-111-2




BACKGROUND

1.       Explanatory Notes

Section 111 sets out the Board’s mandate under Part 3. Section 111(2)(e), (f), (i)
and (j) authorizes the Board to undertake various initiatives to promote
occupational health and safety and occupational environment. Among these
initiatives, the Board sponsors first aid competitions to promote occupational
health and safety and raise public awareness about occupational first aid.

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.

Sections 111(2), in part:

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

         …

                 (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;

         …

                 (i)   to establish programs of grants and awards in relation to its
                       responsibilities under this Act;


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                 (j)   to provide assistance to persons concerned with
                       occupational health and safety and occupational
                       environment .…


POLICY

Zone first aid competitions are held throughout the Province. The number and
location of zone competitions are generally based on the Prevention Division’s
regional boundaries. The Board may, where necessary, increase or decrease
the number of zone competitions.

Each zone has an agency which coordinates the zone competition, often with the
assistance from the Board.

The agency may apply in writing to the Board for financial assistance. The
agency must provide:

      •   the date, time and location of the competition and banquet;

      •   a copy of the financial statement from the immediate past year’s
          competition or a proposed budget for the present competition if this is the
          first zone competition for the agency;

      •   the degree of assistance required from the Board;

      •   the name and address of the contact person;

      •   the amount of the entry fee per team; and

      •   the number of teams expected to participate.

(a)       Standards

The following standards apply to zone first aid competitions:

      •   The competition “problem” will be devised around an industrial setting, and
          the “patient” care provided must be based upon acceptable first aid
          practice.

      •   Each team must have four members.

      •   Team members must be at least 16 years of age, but are not required to
          possess a valid first aid certificate.




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      •   Each team member will be identified as belonging to a particular team
          through some identifier such as a uniform, badge or armband.

      •   Each entry will be judged as a team and each member will be observed
          individually.

      •   The “problem” and marking sheets will be drawn by those responsible for
          the competition and the Chief Judge; their findings will be final.

      •   So that there is no possibility of anyone knowing the “problem”
          beforehand, the teams will be locked up until they appear on the scene.

      •   Team captains will draw for positions prior to the competition.

      •   A coach or member of a team must not be a member of any committee or
          an employee involved in the organization or presentation of any
          competition in which the coach or team is participating.

      •   Completed entry forms must be received by the competition committee by
          a date prior to the competition and established by the coordinating
          agency.

      •   If it becomes necessary to limit the number of teams at any zone
          competition, the decision of the Chief Judge will be final.

      •   The winning team of each zone competition may be invited to compete for
          the provincial trophy, if the zone competition has been properly conducted
          and a minimum of three teams have competed. The team representing a
          zone at the Provincial Competition must reside in that zone.

If these standards are not followed, the winning team may be at risk of not being
invited to the Provincial Competition.

(b)       Judging Rules

The following rules for judging apply to zone first aid competitions:

      •   The competition must be judged by “common sense first aid”. No specific
          first aid text will be followed because conditions seldom conform to a
          predicable pattern. In the same circumstances, individuals may react in
          different ways. The competitors must be prepared to assess and adapt to
          a wide range of situations. In short, the fullest and most efficient treatment
          possible under the circumstances will govern the marking.




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    •    The “problem” will have a scene as realistic as possible; the “patient” or
         “patients” will be coached as to behavior, and injuries simulated.

    •    The teams will either see the accident happening, or be called to the
         scene so that, as far as practicable, everything they need regarding
         history, surroundings, light, assistance and materials available will be
         apparent.

    •    The teams will use only the equipment specified by the competition
         coordinator and/or Chief Judge.

    •    Team members are allowed only such additional items as they might
         normally be expected to carry with them, such as a handkerchief, tie,
         pocket knife, etc. Extra bandages are not allowed.

    •    The “patients” will be supplied by the judges and/or competition
         committee.

    •    Team members will be required to carry out, where necessary, all phases
         of transportation of injured people.


PRACTICE

There is no PRACTICE for this Item.


EFFECTIVE DATE:               August 1, 2001
AUTHORITY:                    s. 111(1) and (2) (e), (f), (i) and (j), Workers Compensation Act
CROSS REFERENCES:
HISTORY:                      Replaces Policy No. 80.65 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 continues the substantive requirements of Policy No.
                              80.65, as they existed prior to the Effective Date, with any
                              wording changes necessary to reflect legislative and regulatory
                              changes since Policy No. 80.65 was issued. Clarification has
                              been provided regarding the location of zones for purposes of
                              zone first aid competitions.




August 1, 2001                                                                            D2-111-2
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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

The Board does not approve any program, product, machinery, equipment, or
work process.

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.


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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 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 under Part 3 and the regulations does not denote that the
program, product, machinery, equipment or work process is endorsed, certified
or approved by the Board. No person will advertise, mark, market or by any
means portray that any program, product, machinery, equipment or work process
is endorsed, certified or approved by the Board.


PRACTICE

There is no PRACTICE for this Item.


EFFECTIVE DATE:            April 1, 2002
AUTHORITY:                 s.111(1) and (2) (c) and (d), Workers Compensation Act
CROSS REFERENCES:
HISTORY:                   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.




April 1, 2002                                                                       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.




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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 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.




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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.

(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.




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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.


PRACTICE

There is no PRACTICE for this Item.


EFFECTIVE DATE:               March 3, 2003
AUTHORITY:                    s.113, Workers Compensation Act
CROSS REFERENCES:             See also Posting of Information – Requirements (Item D7-154-1)
HISTORY:                      Item developed to implement the Workers Compensation
                              Amendment Act (No. 2), 2002, effective March 3, 2003.
APPLICATION:




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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.




October 1, 1999
                                                          PREVENTION MANUAL


RE:      General Duties –                                               ITEM: D3-115-1
         Employers




BACKGROUND
1.     Explanatory Notes

Section 115 sets out the general duties of employers under Part 3.


2.     The Act

Section 115(1):

         Every employer must

                  (a)   ensure the health and safety of

                        (i)    all workers working for that employer, and

                        (ii)   any other workers present at a workplace at which that
                               employer’s work is being carried out, and

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

Section 115(2):

         Without limiting subsection (1), an employer must

                  (a)   remedy any workplace conditions that are hazardous to the health
                        or safety of the employer’s workers,

                  (b)   ensure that the employer’s workers

                        (i)    are made aware of all known or reasonably foreseeable
                               health or safety hazards to which they are likely to be
                               exposed by their work,

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




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                        (iii)   are made aware of their rights and duties under this Part and
                                the regulations,

                  (c)   establish occupational health and safety policies and programs in
                        accordance with the regulations,

                  (d)   provide and maintain in good condition protective equipment,
                        devices and clothing as required by regulation and ensure that
                        these are used by the employer’s workers,

                  (e)   provide to the employer’s workers the information, instruction,
                        training and supervision necessary to ensure the health and safety
                        of those workers in carrying out their work and to ensure the health
                        and safety of other workers at the workplace,

                  (f)   make a copy of this Act and the regulations readily available for
                        review by the employer’s workers and, at each workplace where
                        workers of the employer are regularly employed, post and keep
                        posted a notice advising where the copy is available for review,

                  (g)   consult and cooperate with the joint committees and worker health
                        and safety representatives for workplaces of the employer, and

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


POLICY
There is no POLICY for this Item.


PRACTICE
There is no PRACTICE for this Item.


EFFECTIVE DATE:                 October 1, 1999
AUTHORITY:                      s.115, Workers Compensation Act
CROSS REFERENCES:               See also General Duties – Workers (Item D3-116-1), Supervisors (Item
                                D3-117-1), Multiple-Employer Workplaces (Item D3-118-1), Owners
                                (Item D3-119-1), Suppliers (Item D3-120-1), Directors and Officers (Item
                                D3-121-1), Overlapping Obligations (D3-123/124-1); Due Diligence
                                (Items D12-196-10 and D15-215-1)
HISTORY:
APPLICATION:

October 1, 1999                                                                         Page 2 of 2
                                                           PREVENTION MANUAL


RE: General Duties –                                                      ITEM: D3-116-1
    Workers




BACKGROUND

1.       Explanatory Notes

Section 116 sets out the general duties of workers under Part 3.

2.       The Act

Section 116(1):

         Every worker must

                  (a)   take reasonable care to protect the worker’s health and safety and
                        the health and safety of other persons who may be affected by the
                        worker’s acts or omissions at work, and

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

Section 116(2):

         Without limiting subsection (1), a worker must

                  (a)   carry out his or her work in accordance with established safe work
                        procedures as required by this Part and the regulations,

                  (b)   use or wear protective equipment, devices and clothing as required
                        by the regulations,

                  (c)   not engage in horseplay or similar conduct that may endanger the
                        worker or any other person,

                  (d)   ensure that the worker’s ability to work without risk to his or her
                        health or safety, or to the health or safety of any other person, is
                        not impaired by alcohol, drugs or other causes,

                  (e)   report to the supervisor or employer

                        (i)    any contravention of this Part, the regulations or an
                               applicable order of which the worker is aware, and

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                        (ii)   the absence of or defect in any protective equipment, device
                               or clothing, or the existence of any other hazard, that the
                               worker considers is likely to endanger the worker or any
                               other person,

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

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


POLICY
There is no POLICY for this Item.

PRACTICE

There is no PRACTICE for this Item.


EFFECTIVE DATE:                October 1, 1999
AUTHORITY:                     s.116, Workers Compensation Act
CROSS REFERENCES:              See also General Duties – Employers (Item D3-115-1), Supervisors
                               (Item D3-117-1), Multiple-Employer Workplaces (Item D3-118-1),
                               Owners (Item D3-119-1), Suppliers (Item D3-120-1), Directors and
                               Officers (Item D3-121-1), Overlapping Obligations (D3-123/124-1); Due
                               Diligence (Item D15-215-1); Right to Refuse Unsafe Work
                               (Item D5-141-1)
HISTORY:
APPLICATION:




October 1, 1999                                                                       Page 2 of 2
                                                          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.



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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.


PRACTICE

There is no PRACTICE for this Item.


EFFECTIVE DATE:                October 1, 1999
AUTHORITY:                     s.117, Workers Compensation Act
CROSS REFERENCES:              See also General Duties – Employers (Item D3-115-1), Workers (Item
                               D3-116-1), Multiple-Employer Workplaces (Item D3-118-1), Owners
                               (Item D3-119-1), Suppliers (Item D3-120-1), Directors and Officers (Item
                               D3-121-1), Overlapping Obligations (D3-123/124-1); Due Diligence (Item
                               D15-215-1)

HISTORY:
APPLICATION:




October 1, 1999                                                                        Page 2 of 2
                                                           PREVENTION MANUAL


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.


PRACTICE
There is no PRACTICE for this Item.


EFFECTIVE DATE:              October 1, 1999
AUTHORITY:                   s.118, Workers Compensation Act
CROSS REFERENCES:            See also General Duties – Employers (Item D3-115-1), Workers (Item
                             D3-116-1), Supervisors (Item D3-117-1), Owners (Item D3-119-1),
                             Suppliers (Item D3-120-1), Directors and Officers (Item D3-121-1),
                             Overlapping Obligations (D3-123/124-1); Due Diligence (Item
                             D15-215-1)
HISTORY:
APPLICATION:




October 1, 1999                                                                   Page 3 of 3
                                                             PREVENTION MANUAL


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




BACKGROUND

1.     Explanatory Notes

Section 119 sets out the general duties of owners under Part 3.

2.     The Act

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.

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.


POLICY

In writing orders on owners, the following factors will be considered:




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    •    whether the owner knew or should have known that the persons were at or near
         the workplace;

    •    if the persons were not at the workplace, how close they were to the workplace;

    •    whether the owner knew or should have known that the health and safety of the
         persons at or near the workplace would likely be harmed by the condition or use
         of the workplace;

    •    the likelihood of harm being caused, and the likely extent of the harm if it
         occurred;

    •    the practicability for the owner to take measures necessary to eliminate or reduce
         the risk of the harm or its extent;

    •    whether the owner communicated all the material information in the owner’s
         possession to the persons at or near the workplace and permitted them to take
         measures to protect themselves;

    •    whether it was reasonable to expect the persons present at or near the
         workplace, on being provided with information by the owner, to take the required
         precautions; and

    •    other relevant factors.


PRACTICE

There is no PRACTICE for this Item.


EFFECTIVE DATE:               October 1, 1999
AUTHORITY:                    s.119, Workers Compensation Act
CROSS REFERENCES:             See also General Duties – Employers (D3-115-1), Workers (Item D3-
                              116-1), Supervisors (Item D3-117-1), Multiple-Employer Workplaces
                              (Item D3-118-1), Suppliers (Item D120-1), Directors and Officers (Item
                              D3-121-1), Overlapping Obligations (D3-123/124-1); Due Diligence (Item
                              D15-215-1)
HISTORY:
APPLICATION:




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                                                          PREVENTION MANUAL


RE:      General Duties –                                               ITEM: D3-120-1
         Suppliers


BACKGROUND

1.     Explanatory Notes

Section 120 sets out the general duties of suppliers. Section 106 defines “supplier” for
this purpose.

2.     The Act

Section 106:

         "supplier" means a person who manufactures, supplies, sells, leases,
         distributes, erects or installs

                  (a)   any tool, equipment, machine, device, or

                  (b)   any biological, chemical or physical agent

         to be used by a worker;

Section 120:

         Every supplier must

                  (a)   ensure that any tool, equipment, machine or device, or any
                        biological, chemical or physical agent, supplied by the supplier is
                        safe when used in accordance with the directions provided by the
                        supplier and complies with this Part and the regulations,

                  (b)   provide directions respecting the safe use of any tool, equipment,
                        machine or device, or any biological, chemical or physical agent,
                        that is obtained from the supplier to be used at a workplace by
                        workers,

                  (c)   ensure that any biological, chemical or physical agent supplied by
                        the supplier is labeled in accordance with the applicable federal and
                        provincial enactments,




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         (d)      if the supplier has responsibility under a leasing agreement to maintain
                  any tool, equipment, machine, device or other thing, maintain it in safe
                  condition and in compliance with this Part, the regulations and any
                  applicable orders, and

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


POLICY
There is no POLICY for this Item.


PRACTICE

There is no PRACTICE for this Item.


EFFECTIVE DATE:                October 1, 1999
AUTHORITY:                     ss.106 and 120, Workers Compensation Act
CROSS REFERENCES:              See also General Duties – Employers (D3-115-1), Workers (Item D3-
                               116-1), Supervisors (Item D3-117-1), 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); Due Diligence (Item
                               D15-215-1)
HISTORY:
APPLICATION:




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                                                           PREVENTION MANUAL


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.




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PRACTICE

There is no PRACTICE for this Item.


EFFECTIVE DATE:           October 1, 1999
AUTHORITY:                ss.121 and 213, Workers Compensation Act
CROSS REFERENCES:         See also General Duties – Employers (Item D3-115-1), Workers (Item
                          D3-116-1), Supervisors (Item D3-117-1), Multiple-Employer Workplaces
                          (Item D3-118-1), Owners (Item D3-119-1), Suppliers (Item D3-120-1),
                          Overlapping Obligations (D3-123/124-1); Due Diligence (Item
                          D15-215-1)
HISTORY:
APPLICATION:




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




BACKGROUND

1.       Explanatory Notes

Sections 123 and 124 describe how persons may be subject to obligations in relation to
more than one role. Section 124 allocates responsibilities when the same obligations
apply to more than one person.

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

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




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POLICY

The primary responsibility for complying with Part 3 and the regulations in most
situations lies with the employer. The employer generally has the most control over the
circumstances affecting the health and safety of workers. However, other persons with
duties under the Act may also have control over some of these circumstances. They
may be cited for violations of their statutory duties, even if the employer or another
person has also failed in his or her responsibilities.

The conditions set out in section 124 will be met if the health and safety objective of the
duty in question is fully met by one person’s compliance in the circumstances of the
workplace. If performance by one person leaves health and safety risks that would be
eliminated by others performing their duty, the others must also perform their duty.

Section 124 permits persons who have the same duty under the Act or regulations to
agree amongst themselves as to who should perform it. However, the Board is not
bound by any agreements of this nature nor by whether the terms of the agreement are
complied with or not complied with. The Board’s only concern is that the duty in
question be performed.


PRACTICE

There is no PRACTICE for this Item.


EFFECTIVE DATE:             October 1, 1999
AUTHORITY:                  ss.123 and 124, Workers Compensation Act
CROSS REFERENCES:           See also General Duties – Employers (D3-115-1), Workers (Item D3-
                            116-1), Supervisors (Item D3-117-1), Multiple-Employer Workplaces
                            (Item D3-118-1), Owners (Item D3-119-1), Suppliers (Item D3-120-1),
                            Directors and Officers (Item D3-121-1), Due Diligence (Items
                            D12-196-10 and D15-215-1)
HISTORY:
APPLICATION:




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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.




October 1, 1999
                                                          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.




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

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



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    •    the number of workers at the workplace; and

    •    any other relevant circumstances.


PRACTICE
There is no PRACTICE for this Item.


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:
APPLICATION:




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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;

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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



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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



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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
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.


PRACTICE

There is no PRACTICE for this Item.


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:
APPLICATION:




October 1, 1999                                                                  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.

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


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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.


PRACTICE

There is no PRACTICE for this Item.


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:
APPLICATION:




October 1, 1999                                                                    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(3). 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.


PRACTICE

There is no PRACTICE for this Item.


EFFECTIVE DATE:                October 1, 1999
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:
APPLICATION:




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RE:      Joint Committees –                                                  ITEM: D4-138-1
         Employer Must Post Committee Information


BACKGROUND
1.       Explanatory Notes

Section 138 places certain posting requirements on the employer in relation to joint
committees.

2.       The Act

Section 138:

         At each workplace where workers of an employer are regularly employed, the
         employer must post and keep posted

                  (a)   the names and work locations of the joint committee members,

                  (b)   the reports of the 3 most recent joint committee meetings, and

                  (c)   copies of any applicable orders under this Division for the
                        preceding 12 months.


POLICY
"Applicable orders" under subsection 138(c) are all orders relating to joint committees
and worker health and safety representatives that are made under a section of Division
4 of Part 3. This includes orders made under sections of Division 4 that specifically
authorize the Board to make orders, as well as orders made for violations of other
sections of Division 4.

PRACTICE
The order will state whether it must be posted under section 138.


EFFECTIVE DATE:               October 1, 1999
AUTHORITY:                    s.138, Workers Compensation Act
CROSS REFERENCES:             See also s. 154, Workers Compensation Act; Posting of Information –
                              Requirements (Item D7-154-1)
HISTORY:
APPLICATION:

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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.


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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.


PRACTICE

There is no PRACTICE for this Item.


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:
APPLICATION:




October 1, 1999                                                                     Page 2 of 2
                                                            PREVENTION MANUAL


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.

Section 106:

         “worker representative" means

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                  (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 officer 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:
APPLICATION:




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                                      DIVISION 5

                         RIGHT TO REFUSE UNSAFE WORK




Division 5 of Part 3 of the Workers Compensation Act provides that a worker may refuse
to carry out work if the worker has reasonable grounds for believing that the work is
unsafe. It defines “unsafe” work, sets out processes for reporting and investigating
refusals, authorizes the employer to reassign the worker to other work and provides
certain rights for both the worker refusing the work and other workers affected by the
refusal.

Division 5 has not been brought into force.




October 1, 1999
                                                    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.




October 1, 1999
                                                              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,




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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




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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. This applies to provisions that specifically refer to the payment of "wages",
notably sections 147(1) and (2) and 148(1) following work refusals.

Other 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 );

    •    147(3) (time spent accompanying an officer investigating a work refusal);

    •    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.


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PRACTICE

There is no PRACTICE for this Item.


EFFECTIVE DATE:           October 1, 1999
AUTHORITY:                ss.150, 151, and 152 Workers Compensation Act
CROSS REFERENCES:
HISTORY:
APPLICATION:




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                                                          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 reviewing officer 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:
APPLICATION:




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                                                          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.




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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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                                                         PREVENTION MANUAL


(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.


PRACTICE

There is no PRACTICE for this Item.


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:
APPLICATION:




October 1, 1999                                                                  Page 4 of 4
                                                      PREVENTION MANUAL




                                       DIVISION 7

                       INFORMATION AND CONFIDENTIALITY




Division 7 of Part 3 of the Workers Compensation Act describes how, when the
employer is required to post information, that information is to be posted. It requires the
Board to provide an occupational health and safety information summary for a
workplace upon request and identifies who may make that request. It sets out certain
confidentiality requirements and information that must be provided in a medical
emergency.




October 1, 1999
                                                           PREVENTION MANUAL


RE:      Posting of Information –                                         ITEM: D7-154-1
         Requirements




BACKGROUND
1.       Explanatory Notes

Various sections of the Act require employers or other persons to post information at
workplaces. Section 154 sets out how information is to be posted in fulfillment of those
requirements.

2.       The Act

Section 154:

         (1)      Where this Part, the regulations or an order requires an employer or other
                  person to post information at a workplace, the person must

                  (a)   post the information at or near the workplace in one or more
                        conspicuous places where it is most likely to come to the attention
                        of the workers, or

                  (b)   otherwise bring it to the notice of and make it available to the
                        workers at the workplace in accordance with the regulations.

         (2)      If reasonably practicable, at least one place of posting under subsection
                  (1) (a) must be at or near the equipment, works or area to which the
                  information relates.

         (1)      As an exception, if posting or notice referred to in subsection (1) is not
                  reasonably practicable, the employer or other person must instead adopt
                  other measures to ensure that the information is effectively brought to the
                  attention of the workers.


POLICY

There is no POLICY for this item.




October 1, 1999                                                                  Page 1 of 2
                                                         PREVENTION MANUAL


PRACTICE
There is no PRACTICE for this Item.


EFFECTIVE DATE:           October 1, 1999
AUTHORITY:                s. 154, Workers Compensation Act
CROSS REFERENCES:         ss. 138, 155, 167, 169, 176, 183, 187, 189, 193, 194, 204, 206, Workers
                          Compensation Act
HISTORY:
APPLICATION:




October 1, 1999                                                                  Page 2 of 2
                                                     PREVENTION MANUAL




                                       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.




October 1, 1999
                                                           PREVENTION MANUAL


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, -5, -6;

     •   D12-196-8;

     •   D12-196-10, -11; and

     •   D16-223-1.


October 1, 1999                                                                 Page 1 of 2
                                                        PREVENTION MANUAL


PRACTICE

There is no PRACTICE for this Item.


EFFECTIVE DATE:           October 1, 1999
AUTHORITY:                s. 160(b), Workers Compensation Act
CROSS REFERENCES:
HISTORY:
APPLICATION:




October 1, 1999                                                    Page 2 of 2
                                                          PREVENTION MANUAL




                                       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.




April 1, 2002
                                                           PREVENTION MANUAL

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;

April 1, 2002                                                                     D9-166-1
                                                                                Page 1 of 2
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          •     the regulation(s) proposed for modification;

          •     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:

                •   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

                •   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.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:                  April 1, 2002
AUTHORITY:                       s.166, Workers Compensation Act
CROSS REFERENCES:
HISTORY:                         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.




April 1, 2002                                                                             D9-166-1
                                                                                        Page 2 of 2
                                                           PREVENTION MANUAL

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.




April 1, 2002                                                                     D9-168-1
                                                                                Page 1 of 2
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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.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:           April 1, 2002
AUTHORITY:                s.168, Workers Compensation Act
CROSS REFERENCES:
HISTORY:                  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.




April 1, 2002                                                                      D9-168-1
                                                                                 Page 2 of 2
                                                PREVENTION MANUAL




                                      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.




April 1, 2001
                                                   PREVENTION MANUAL

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.




April 1, 2001                                                                   D10-172-1
                                                                               Page 1 of 2
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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.

        •       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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:                    April 1, 2001
AUTHORITY:                         s.172(1), Workers Compensation Act
CROSS REFERENCES:
HISTORY:                           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.




April 1, 2001                                                                               D10-172-1
                                                                                           Page 2 of 2
                                                    PREVENTION MANUAL




                                      DIVISION 11

                   INSPECTION, INVESTIGATION AND INQUIRIES




Division 11 of Part 3 of the Workers Compensation Act sets out the Board’s authority to
conduct inspections, investigations and inquiries. It provides some restrictions on
access to private residences. There is a limited authority to seize evidence without
warrant.

Employers and workers are entitled to accompany the Board officer conducting the
inspection, investigation or inquiry and persons being questioned are entitled to have
another person present. Persons are to provide all reasonable means to facilitate the
investigation and employers are required to post inspection reports.

There are no Items for Division 11.




October 1, 1999
                                                      PREVENTION MANUAL




                                       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.




October 1, 1999
                                                         PREVENTION MANUAL


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


March 3, 2003                                                                           D12-187-1
                                                                                       Page 1 of 3
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                      Board, and to provide that information to the Board;

                (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's officers 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.


PRACTICE

There is no PRACTICE for this Item.




March 3, 2003                                                                         D12-187-1
                                                                                     Page 2 of 3
                                                  PREVENTION MANUAL


EFFECTIVE DATE:     October 1, 1999
AUTHORITY:          s.187, Workers Compensation Act
CROSS REFERENCES:
HISTORY:            Item developed to implement the Workers Compensation (Occupational
                    Health and Safety) Amendment Act, 1998, effective October 1, 1999.
                    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.

APPLICATION:




March 3, 2003                                                                    D12-187-1
                                                                                Page 3 of 3
                                                            PREVENTION MANUAL


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.



October 1, 1999                                                                  Page 1 of 2
                                                         PREVENTION MANUAL


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.

PRACTICE

There is no PRACTICE for this Item.


EFFECTIVE DATE:             October 1, 1999
AUTHORITY:                  s.188, Workers Compensation Act
CROSS REFERENCES:           s.187, Workers Compensation Act
HISTORY:
APPLICATION:




October 1, 1999                                                              Page 2 of 2
                                                             PREVENTION MANUAL


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


October 1, 1999                                                                    Page 1 of 2
                                                            PREVENTION MANUAL


                  (b)   must be served on the employer, supervisor or other person having
                        apparent supervision of the work or the workplace.

         (2)      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.



PRACTICE
There is no PRACTICE for this Item.


EFFECTIVE DATE:                October 1, 1999
AUTHORITY:                     s.191, Workers Compensation Act
CROSS REFERENCES:
HISTORY:
APPLICATION:




October 1, 1999                                                                 Page 2 of 2
                                                            PREVENTION MANUAL


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.



October 1, 1999                                                                   Page 1 of 2
                                                        PREVENTION MANUAL

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.


PRACTICE

There is no PRACTICE for this Item.


EFFECTIVE DATE:            October 1, 1999
AUTHORITY:                 s.195, Workers Compensation Act
CROSS REFERENCES:          ss.159, 163, Workers Compensation Act
HISTORY:
APPLICATION:




October 1, 1999                                                            Page 2 of 2
                                                         PREVENTION MANUAL

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;




March 3, 2003                                                                           D12-196-1
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                                                          PREVENTION MANUAL


    •    an employer is found in violation of the same section of Part 3 or the regulations
         on more than one occasion;

    •    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;

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


March 3, 2003                                                                          D12-196-1
                                                                                      Page 2 of 3
                                                           PREVENTION MANUAL

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

    •    other relevant circumstances.



PRACTICE
There is no PRACTICE for this Item.


EFFECTIVE DATE:             October 1, 1999
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), Due Diligence
                            (Item D12-196-10 and s. 196(6) of the Workers Compensation Act)
HISTORY:                    Item developed to implement the Workers Compensation (Occupational
                            Health and Safety) Amendment Act, 1998, effective October 1, 1999.
                            Consequential changes 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.
APPLICATION:




March 3, 2003                                                                              D12-196-1
                                                                                          Page 3 of 3
                                                             PREVENTION MANUAL


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.


     October 1, 1999                                                           Page 1 of 2
                                                                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 snags 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.

PRACTICE

There is no PRACTICE for this Item.


EFFECTIVE DATE:                 October 1, 1999
AUTHORITY:                      s. 196(1), Workers Compensation Act
CROSS REFERENCES:               See also Administrative Penalties – Criteria for Imposing (Item
                                D12-196-1).
HISTORY:
APPLICATION:




October 1, 1999                                                                          Page 2 of 2
                                                       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, for example,
citations of sections 8.11 and 20.11 of the OHS Regulation for failure to use safety
headgear.

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.
Assessment Policies No. 20:30:21 and 30:50:50 set out guidelines for the Board's



October 1, 1999                                                             Page 1 of 2
                                                           PREVENTION MANUAL


decision on whether a new firm number and experience rating position will be assigned
to the reorganized business. 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.

PRACTICE

There is no PRACTICE for this Item.


EFFECTIVE DATE:            October 1, 1999
AUTHORITY:                 s. 196(1), Workers Compensation Act
CROSS REFERENCES:          See also Administrative Penalties – Criteria for Imposing (Item
                           D12-196-1).
HISTORY:
APPLICATION:




October 1, 1999                                                                     Page 2 of 2
                                                       PREVENTION MANUAL

RE:      Administrative Penalties –                                 ITEM: D12-196-6
         Amount of Penalty




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 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 $500,000. 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 $500,000 must not be imposed
         under this section.



POLICY
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.

         Category A Penalties - Serious injury or illness or death; or high risk of
         serious injury or illness or death; or non-compliance was wilful or with
         reckless disregard
March 3, 2003                                                                    D12-196-6
                                                                                Page 1 of 5
                                                       PREVENTION MANUAL


    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 – 3,500,001       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              68,250 + .125% of payroll over 5,000,000, or 75,000,
                             whichever is less


         Category B Penalties – 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

The “basic amount” of the administrative penalty will be determined on the basis of the
employer’s assessable payroll for the most recent full calendar year for which figures
are available at the time the penalty is imposed. The “payroll” for independent
operators with Personal Optional Protection is the amount for which they have
purchased coverage.




March 3, 2003                                                                      D12-196-6
                                                                                  Page 2 of 5
                                                             PREVENTION MANUAL


       (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.

       (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;


March 3, 2003                                                                             D12-196-6
                                                                                         Page 3 of 5
                                                           PREVENTION MANUAL

         (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
       (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

Where an administrative penalty is imposed within three years of a decision imposing
an additional assessment or a prior administrative penalty for the same violation, the
penalty will be calculated as a “repeat penalty”. This includes where, though a different
section is cited, the violation is essentially the same, for example, citations of sections
8.11 and 20.22 of the OHS Regulation for failure to use safety headgear.

“Repeat penalties” will be calculated as follows:

       (a)       The “basic amount” for the current penalty, including any variation, will be
                 calculated in accordance with 1. “Basic amount of the penalty” above.
       (b)       The “basic amount“ for the current penalty, including any variation, will
                 then be increased as follows:

March 3, 2003                                                                          D12-196-6
                                                                                      Page 4 of 5
                                                            PREVENTION MANUAL


                    Number of additional             Increase to “basic
                    assessments or prior             amount”
                    penalties imposed
                    during three years
                    preceding penalty
                    notice
                               one                                 x2
                               two                                 x3
                              three                                x6
                               four                               x12
                               five                               x24

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
There is no PRACTICE for this Item.



EFFECTIVE DATE:            March 3, 2003
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:                   Item developed to implement the Workers Compensation (Occupational
                           Health and Safety) Amendment Act, 1998, effective May 1, 2000.
                           Consequential changes subsequently made throughout Item to
                           implement 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.



March 3, 2003                                                                                D12-196-6
                                                                                            Page 5 of 5
                                                           PREVENTION MANUAL

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.


PRACTICE

There is no PRACTICE for this Item.


EFFECTIVE DATE:              March 3, 2003
AUTHORITY:                   s. 196(5), Workers Compensation Act
CROSS REFERENCES:            ss. 96.2(5), 223(1), Workers Compensation Act
HISTORY:                     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:




March 3, 2003                                                                            D12-196-7
                                                                                        Page 1 of 1
                                                          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.


PRACTICE

There is no PRACTICE for this Item.


EFFECTIVE DATE:              March 3, 2003
AUTHORITY:                   s.196(6), Workers Compensation Act
CROSS REFERENCES:




March 3, 2003                                                                       D12-196-8
                                                                                   Page 1 of 2
                                              PREVENTION MANUAL

HISTORY:        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:




March 3, 2003                                                              D12-196-8
                                                                          Page 2 of 2
                                                       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.



PRACTICE

There is no PRACTICE for this Item.




March 3, 2003                                                                     D12-196-9
                                                                                 Page 1 of 2
                                                  PREVENTION MANUAL



EFFECTIVE DATE:     March 3, 2003
AUTHORITY:          s.196(7), Workers Compensation Act
CROSS REFERENCES:
HISTORY:            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:




March 3, 2003                                                                  D12-196-9
                                                                              Page 2 of 2
                                                       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.



PRACTICE
There is no PRACTICE for this Item.



March 3, 2003                                                                    D12-196-10
                                                                                 Page 1 of 2
                                                     PREVENTION MANUAL



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.
                                             rd
                    Marie [1978] 85 DLR (3 ) 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 General Duties – Workers (Item D3-116-1), Supervisors (Item
                    D3-117-1), Multiple-Employer Workplaces (Item D3-118-1), Owners
                    (Item D3-119-1), Suppliers (Item D3-120-1), 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:            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.




March 3, 2003                                                                       D12-196-10
                                                                                    Page 2 of 2
                                                         PREVENTION MANUAL

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

March 3, 2003                                                                          D12-196-11
                                                                                       Page 1 of 2
                                                           PREVENTION MANUAL


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.


PRACTICE

There is no PRACTICE for this Item.


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:                     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:


March 3, 2003                                                                            D12-196-11
                                                                                         Page 2 of 2
                                                      PREVENTION MANUAL




                                     DIVISION 13

                                      REVIEWS




This Division was repealed effective March 3, 2003.




March 3, 2003
                                                      PREVENTION MANUAL




                                     DIVISION 14

                                      APPEALS




This Division was repealed effective March 3, 2003.




March 3, 2003
                                                      PREVENTION MANUAL




                                      DIVISION 15

                                       OFFENCES




Division 15 of Part 3 of the Workers Compensation Act provides that a person who
contravenes a provision of Part 3, the regulations or an order commits an offence. It
sets out both general penalties for commission of an offence and special orders that the
courts may make depending upon the circumstances.

Division 15 provides that a person is not guilty of an offence if a person proves the
person exercised due diligence to prevent the commission of the offence.




October 1, 1999
                                                           PREVENTION MANUAL


RE:      Prosecutions -                                                  ITEM: D15-215-1
         Due Diligence




BACKGROUND
1.       Explanatory Notes

A person who contravenes a provision of Part 3, the regulations or an order commits an
offence.

However, a person is not guilty of an offence if the person proves that the person
exercised due diligence to prevent the commission of the offence.

Item D12-196-10 discusses how the Board determines whether “due diligence” has
been exercised in the case of administrative penalties. In the case of prosecutions, it is
the courts, not the Board, who determine the meaning of “due diligence” and whether it
has been exercised.

2.       The Act

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.

Section 215:

         A person is not guilty of an offence if the person proves that the person exercised
         due diligence to prevent the commission of the offence.


POLICY

There is no POLICY for this Item.


October 1, 1999                                                                 Page 1 of 2
                                                         PREVENTION MANUAL

PRACTICE

There is no PRACTICE for this Item.


EFFECTIVE DATE:           October 1, 1999
AUTHORITY:                ss. 213, 215, Workers Compensation Act
CROSS REFERENCES:         See also Administrative Penalties – Due Diligence (Item D12-196-10)
HISTORY:
APPLICATION:




October 1, 1999                                                                  Page 2 of 2
                                                    PREVENTION MANUAL




                                     DIVISION 16

                                      GENERAL




Division 16 of Part 3 of the Workers Compensation Act contains a number of general
provisions, including the process for serving orders and other documents, court orders
for access, and mechanisms for collection of amounts owed to the Board under Part 3
by assessment or judgment.




October 1, 1999
                                                            PREVENTION MANUAL


RE:      Collection by Assessment                                  ITEM: D16-223-1
         or Judgment


BACKGROUND
1.       Explanatory Notes

Section 223 sets out the actions that the Board may take if a person fails to pay an
amount owed to the Board under Part 3.

2.       The Act

Section 223:

         (1)      If a person fails to pay an amount owed to the board under this Part, the
                  board may,

                  (a)    if the person is an employer, direct that the amount be levied on the
                         employer by way of an assessment, and

                  (b)    in any case, issue a certificate for the amount owed and file that
                         certificate in the Supreme Court.

         (2)      An assessment under subsection (1) (a) is deemed to be an assessment
                  under Part 1 of this Act and may be levied and collected under and in
                  accordance with that Part.

         (3)      A certificate filed under subsection (1) (b) has the same effect, and all
                  proceedings may be taken on it by the board, as if it were a judgment of
                  the court for the recovery of a debt of the amount stated in the certificate
                  against the person named in it.

POLICY
There is no POLICY for this Item.




October 1, 1999                                                                   Page 1 of 2
                                                       PREVENTION MANUAL


PRACTICE
There is no PRACTICE for this Item.

EFFECTIVE DATE:           October 1, 1999
AUTHORITY:                s. 223, Workers Compensation Act
CROSS REFERENCES:
HISTORY:
APPLICATION:




October 1, 1999                                                   Page 2 of 2
                                                     PREVENTION MANUAL




                                       DIVISION 17

                                      REGULATIONS




Division 17 of Part 3 of the Workers Compensation Act sets out the respective authority
of the Lieutenant Governor in Council and the Board to make regulations.

There are no Items for Division 17.




October 1, 1999
                                                   PREVENTION MANUAL




                  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.




October 1, 1999
                                                          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;
     •   D12-196-10, -11; and
     •   D16-223-1.


PRACTICE
There is no PRACTICE for this Item.

March 3, 2003                                                                            D24-2-1
                                                                                      Page 1 of 2
                                                  PREVENTION MANUAL


EFFECTIVE DATE:     March 3, 2003
AUTHORITY:          s. 2(2), Workers Compensation Act
CROSS REFERENCES:
HISTORY:            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:




March 3, 2003                                                                    D24-2-1
                                                                              Page 2 of 2
                                                           PREVENTION MANUAL


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 of $40,000 is adjusted in accordance with the
Consumer Price Index under section 25 of the Act.

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
                  $40 000.

         (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.




March 3, 2003                                                                          D24-73-1
                                                                                     Page 1 of 2
                                                             PREVENTION MANUAL

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.

A claim may be reopened at any time in the future and further costs may be incurred
after the decision under section 73(1). The Board will charge the employer:

    •    the costs incurred up to the time of the decision; and

    •    any additional amounts that result from matters still under consideration by the
         Compensation Services Division, 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;
    •    D12-196-8;
    •    D12-196-10, -11; and
    •    D16-223-1.



PRACTICE

There is no PRACTICE for this Item.


EFFECTIVE DATE:              March 3, 2003
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:                     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:                 This policy applies to all decisions to charge claim costs on and after
                             March 3, 2003.


March 3, 2003                                                                                 D24-73-1
                                                                                            Page 2 of 2
                          PREVENTION MANUAL




          POLICIES AND PRACTICES
               APPLYING TO
THE OCCUPATIONAL HEALTH AND SAFETY REGULATIONS
                                                    PREVENTION MANUAL




                                        PART 1

                                    DEFINITIONS




Part 1 of the Occupational Health and Safety Regulation defines certain terms in the
Regulation.

There are no Items for Part 1.




July 1, 2000
                                                   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.




April 1, 2001
                                                  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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



April 1, 2001                                                                   R2.2-1
                                                                            Page 1 of 2
                                             PREVENTION MANUAL


EFFECTIVE DATE:     April 1, 2001
AUTHORITY:          s. 2.2, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:            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.




April 1, 2001                                                                    R2.2-1
                                                                             Page 2 of 2
                                                          PREVENTION MANUAL




                                           PART 3

                              RIGHTS AND RESPONSIBILITIES




Part 3 of the Occupational Health and Safety Regulation sets out requirements relating
to:

         •     occupational health and safety programs;
         •     workplace inspections;
         •     correction of unsafe conditions; and
         •     refusal of unsafe work.

There are no Items for Part 3.




July 1, 2000
                                                    PREVENTION MANUAL




                                       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.




December 1, 2000
                                                 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:

        In sections 4.25 …,

        "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.


December 1, 2000                                                              R4.25-1
                                                                           Page 1 of 2
                                                 PREVENTION MANUAL


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.


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:                 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.




December 1, 2000                                                                   R4.25-1
                                                                                Page 2 of 2
                                                PREVENTION MANUAL

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.

December 1, 2000                                                              R4.27-1
                                                                           Page 1 of 2
                                                    PREVENTION MANUAL


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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



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:                    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.




December 1, 2000                                                                      R4.27-1
                                                                                   Page 2 of 2
                                                      PREVENTION MANUAL

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.

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;

December 1, 2000                                                                    R4.28-1
                                                                                 Page 1 of 3
                                                     PREVENTION MANUAL


      •      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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



December 1, 2000                                                                     R4.28-1
                                                                                  Page 2 of 3
                                            PREVENTION MANUAL

EFFECTIVE DATE:     December 1, 2000
AUTHORITY:          s. 4.28, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:            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.




December 1, 2000                                                              R4.28-1
                                                                           Page 3 of 3
                                                     PREVENTION MANUAL

RE:       General Conditions -                                      ITEM: R4.29-1
          Violence in the Workplace –
          Procedures and Policies




BACKGROUND

1.        Explanatory Notes

Section 4.29 sets out requirements for 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,
                 (b)    if elimination of the risk to workers is not possible, establish
                        procedures, policies and work environment arrangements to
                        minimize the risk to workers, and
                 (c)    establish procedures for reporting, investigating and documenting
                        incidents of violence as required by Part 3 of the Workers
                        Compensation Act and Part 3 of this Regulation (Rights and
                        Responsibilities).


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

December 1, 2000                                                                    R4.29-1
                                                                                 Page 1 of 2
                                                    PREVENTION MANUAL

should be shown by the results of the risk assessment. 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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



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:                    Replaces Policy No. 8.92 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. 8.92, 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.




December 1, 2000                                                                      R4.29-1
                                                                                   Page 2 of 2
                                                PREVENTION MANUAL

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 Regulation

See Items R4.27-1 to R4.31-1.


POLICY
The requirements in sections 4.27 to 4.31 for risk assessment, procedures and
policies, the duty to respond to incidents 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.


December 1, 2000                                                              R4.29-2
                                                                           Page 1 of 3
                                                     PREVENTION MANUAL

(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.

(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.




December 1, 2000                                                                    R4.29-2
                                                                                 Page 2 of 3
                                                     PREVENTION MANUAL

(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.

(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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:              December 1, 2000
AUTHORITY:                   ss. 4.27, 4.28, 4.29, 4.30 and 4.31, Occupational Health and Safety
                             Regulation
CROSS REFERENCES:            See also ss. 3.3 and 3.10, Occupational Health and Safety Regulation;
                             ss. 173 and 176, Workers Compensation Act; 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:                     Replaces Policy No. 8.92-1 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. 8.92-1, as
                             they existed prior to the Effective Date, with any wording changes
                             necessary to reflect legislative and regulatory changes since Policy No.
                             8.92-1 was issued.




December 1, 2000                                                                       R4.29-2
                                                                                    Page 3 of 3
                                                     PREVENTION MANUAL

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

December 1, 2000                                                                  R4.30-1
                                                                               Page 1 of 2
                                                      PREVENTION MANUAL

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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



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:                      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.




December 1, 2000                                                                        R4.30-1
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RE:     General Conditions -                                      ITEM: R4.31-1
        Violence in the Workplace –
        Response to Incidents




BACKGROUND

1.      Explanatory Notes

Section 4.31 sets out response required of employers when violence takes place in the
workplace.


2.      The Regulation

Section 4.31:

        (1)        Incidents of violence must be reported and investigated as required by
                   Part 3 (Rights and Responsibilities).

        (2)        The employer must ensure that corrective actions are taken in response to
                   incidents of violence in accordance with the requirements of Part 3.

        (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
Section 4.31 requires employers to investigate certain accidents. Among these are
accidents which do not cause injury but which have a potential for causing serious
injury. Section 173 of the Act requires employers to investigate incidents of threatened
or attempted violence which have this potential.

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

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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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:            December 1, 2000
AUTHORITY:                 s. 4.31, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:                   Replaces Policy No. 8.96 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. 8.96, as
                           they existed prior to the Effective Date, with any wording changes
                           necessary to reflect legislative and regulatory changes since Policy No.
                           8.96 was issued.




December 1, 2000                                                                     R4.31-1
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RE:       General Conditions -                                ITEM: R4.43-1
          Storing and Handling Materials -
          Stacking Materials
                (Steel Pallet Racks)




BACKGROUND
1.        Explanatory Notes

Section 4.43 sets out requirements for stacking materials in a stable and secure
manner.

2.        The Regulation

Section 4.43:

          (1)   Material and equipment must be placed, stacked or stored in a
                stable and secure manner.

          (2)   Stacked material or containers must be stabilized as necessary by
                interlocking, strapping or other effective means of restraint to
                protect the safety of workers.


POLICY
Steel pallet racking must be base-anchored and top-tied when the ratio of height
to minimum base measurement exceeds 6:1 (not 3:1 as in scaffolding). The
height referred to in this instance is the measurement from the base to the top of
the highest load stored on the top shelf.

The ratio of 6:1 is an absolute maximum. It is allowable only under conditions
where strict observance is paid to the proper and safe methods of loading these
assemblies. If loaded in a top-heavy manner, a 6:1 ratio will be too great for a
freestanding rack, and remedial action must be taken to safely re-distribute the
load and/or tie back the frames to an adjacent rack or structural member of the
building.

All drive-in and drive-through racking must be anchored and tied back,
regardless of the height.




April 1, 2001                                                                 R4.43-1
                                                                           Page 1 of 2
                                                  PREVENTION MANUAL


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.


EFFECTIVE DATE:          April 1, 2001
AUTHORITY:               s. 4.43, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:                 Replaces Policy No. 8.58 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. 8.58, as they existed prior to the Effective Date, with
                         any wording changes necessary to reflect legislative and
                         regulatory changes since Policy No. 8.58 was issued.




April 1, 2001                                                                        R4.43-1
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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.




April 1, 2001
                                                  PREVENTION MANUAL

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.




April 1, 2001                                                                  R5.54-1
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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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:            April 1, 2001
AUTHORITY:                 s. 5.54(2)(f), Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:                   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.




April 1, 2001                                                                         R5.54-1
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                                         PART 6

                          SUBSTANCE SPECIFIC REQUIREMENTS




Part 6 of the Occupational Health and Safety Regulation sets out requirements relating
to:

         •     asbestos;
         •     biohazardous materials;
         •     cytotoxic drugs;
         •     lead;
         •     pesticides;
         •     rock dust; and
         •     toxic process gases.

There are no Items for Part 6.




July 1, 2000
                                                      PREVENTION MANUAL




                                             PART 7

                    NOISE, VIBRATION, RADIATION AND TEMPERATURE




Part 7 of the Occupational Health and Safety Regulation sets out requirements relating
to:

         •     noise;
         •     vibration;
         •     ionizing and non-ionizing radiation;
         •     heat stress; and
         •     cold stress.

There are no Items for Part 7.




July 1, 2000
                                                              PREVENTION MANUAL




                                               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.




April 1, 2001
                                                  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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                                                     PREVENTION MANUAL

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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



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:                    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.




April 1, 2001                                                                            R8.10-1
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RE:       Personal Protective Clothing and Equipment -          ITEM: R8.11-1
          Safety Headgear -
          General Requirement




BACKGROUND

1.        Explanatory Notes

Section 8.11 sets out the general requirements for safety headgear, including the
standards with which safety headgear must comply.

2.        The Regulation

Section 8.11:

          (1)   Safety headgear must be worn by a worker in any work area where
                there is a danger of head injury from falling, flying or thrown
                objects, or other harmful contacts.

          (2)   Safety headgear must meet the requirements of

                (a)   CSA Standard CAN/CSA-Z94.1-92, Industrial Protective
                      Headwear,

                (b)   ANSI Standard Z89.1-1986, American National Standard for
                      Personnel Protection – Protective Headgear for Industrial
                      Workers Requirements,

                (c)   Japanese Industrial Standard JIS T8131-1990, Industrial
                      Safety Helmets, for Class AB or ABE headgear; or

                (d)   other standard acceptable to the board.

          (3)   If a worker may be exposed to an electrical hazard the safety
                headgear must have an appropriate non-conductive rating.

          (4)   Chin straps or other effective means of retention must be used on
                safety headgear when workers are climbing or working from a
                height exceeding 3 m (10 ft), or are exposed to high winds or other
                conditions that may cause loss of the headgear.

          (5)   Safety headgear manufactured after January 1, 2000 must have
                provision for a 4 point chin strap attachment.



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          (6)   Damaged headgear or headgear with missing, mismatched, or
                modified components must be removed from service.


POLICY

Where electrical hazards exist, safety headgear must not be worn if holes have
been drilled in it or conductive material is attached.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.


EFFECTIVE DATE:             April 1, 2001
AUTHORITY:                  s.8.11, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:                    Replaces Policy No. 14.12(3)-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. 14.12(3)-2, as they existed prior to the Effective Date,
                            with any wording changes necessary to reflect legislative and
                            regulatory changes since Policy No. 14.12(3)-2 was issued.




April 1, 2001                                                                            R8.11-1
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RE:       Personal Protective Clothing and Equipment -           ITEM: R8.21-1
          Limb and Body Protection -
          Leg Protection




BACKGROUND
1.        Explanatory Notes

Section 8.21 sets out requirements for the leg protective devices to be worn by
workers operating chain saws if there is danger of leg injury.

2.        The Regulation

Section 8.21:

          (1)   Leg protective devices must be worn by a worker operating a chain
                saw if there is a danger of leg injury.

          (2)   Leg protective devices must meet the requirements of WCB
                Standard, PPE 1-1997 Leg Protective Devices, or other standard
                acceptable to the board.

          (3)   Every leg protective device must have a label permanently affixed
                to the outer surface of the device indicating the standard it meets.

          (4)   The requirement to wear leg protective devices does not apply to a
                firefighter using a chain saw at the scene of a structural fire.


POLICY
An officer who finds unmarked or substandard leg protective devices will not
order them out of service. The officer will order the employer to obtain
replacement devices that meet the requirements of section 8.21, without undue
delay.

Officers will obtain the name and address of the distributor and/or manufacturer
of unmarked or substandard devices.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.
April 1, 2001                                                                    R8.21-1
                                                                              Page 1 of 2
                                            PREVENTION MANUAL



EFFECTIVE DATE:     April 1, 2001
AUTHORITY:          s. 8.21, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:            Replaces Policy No. 14.04(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. 14.04(2), as they existed prior to the Effective Date,
                    with any wording changes necessary to reflect legislative and
                    regulatory changes since Policy No. 14.04(2) was issued.




April 1, 2001                                                                  R8.21-1
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                                                       PREVENTION MANUAL

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,

                (d)   British Safety Institution Standard BS EN 346:1993
                      Specification for Protective Footwear for Professional Use,
                      or

                (e)   other standard acceptable to the board.

          (4)   A worker must wear the appropriate footwear and ensure that it is
                in a condition to provide the required protection.

April 1, 2001                                                                  R8.22.1
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                                                           PREVENTION MANUAL


          (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.


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.




April 1, 2001                                                                       R8.22.1
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                                                                PREVENTION MANUAL

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.

          •     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.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.


EFFECTIVE DATE:                  April 1, 2001
AUTHORITY:                       s.8.22, Occupational Health and Safety Regulation
CROSS REFERENCES:                Division 9, Workers Compensation Act
HISTORY:                         Replaces Policy No. 14.08 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. 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.

April 1, 2001                                                                                 R8.22.1
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                                                         PREVENTION MANUAL

RE:      Personal Protective Clothing and                       ITEM: R8.33-1
               Equipment -
         Respiratory Protection -
         Selection -
               (Interchanging Air Cylinders)




BACKGROUND

1.       Explanatory Notes

Section 8.33 outlines the requirements for the selection of respiratory protective
equipment.

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 appropriate respiratory protective
                 equipment in accordance with CSA Standard CAN/CSA-Z94.4-93,
                 Selection, Use and Care of Respirators or other standard
                 acceptable to the board.

         (2)     Only respiratory protective equipment which meets the
                 requirements of a standard acceptable to the board may be used
                 for protection against airborne contaminants in the workplace.

                 (Note – NIOSH approved respirators are acceptable to the board.)

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.

August 1, 2001                                                                    R8.33-1
                                                                               Page 1 of 2
                                                        PREVENTION MANUAL


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.


EFFECTIVE DATE:          August 1, 2001
AUTHORITY:               s. 8.33, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:                 Replaces Policy No. 14.23(2)-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. 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.




August 1, 2001                                                                        R8.33-1
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                                                            PREVENTION MANUAL

RE:      Personal Protective Clothing and                            ITEM: R8.33-2
               Equipment -
         Respiratory Protection -
         Selection -
               (Interchanging Air Lines on Respirators)



BACKGROUND

1.       Explanatory Notes

Section 8.33 outlines the requirements for the selection of respiratory protective
equipment.

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 appropriate respiratory protective
                    equipment in accordance with CSA Standard CAN/CSA-Z94.4-93,
                    Selection, Use and Care of Respirators or other standard
                    acceptable to the board.

         (2)        Only respiratory protective equipment which meets the
                    requirements of a standard acceptable to the board may be used
                    for protection against airborne contaminants in the workplace.

                    (Note – NIOSH approved respirators are acceptable to the board.)

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.

August 1, 2001                                                                       R8.33-2
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PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.


EFFECTIVE DATE:          August 1, 2001
AUTHORITY:               s. 8.33, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:                 Replaces Policy No. 14.23(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. 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.




August 1, 2001                                                                        R8.33-2
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                                            PART 9

                                     CONFINED SPACES




Part 9 of the Occupational Health and Safety Regulation sets out requirements relating
to:

         •     general matters;
         •     responsibilities;
         •     hazard assessment and work procedures;
         •     identification and entry permits;
         •     lockout and isolation;
         •     verification and testing;
         •     cleaning, purging, venting, inerting;
         •     ventilation;
         •     standby persons;
         •     rescue;
         •     lifelines, harnesses and lifting equipment; and
         •     personal protective equipment and other precautions.

There are no Items for Part 9.




July 1, 2000
                                                   PREVENTION MANUAL




                                      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.




April 1, 2001
                                                   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 machine and piece of
                equipment in the workplace is

                       (a)    capable of safely performing the functions for which it
                              is used, and
                       (b)    operated in accordance with the manufacturer’s
                              recommendations and instructions if available, with
                              safe work practices and with the requirements of this
                              Occupational Health and Safety Regulation.


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          (2)   A machine or piece of equipment must be inspected, tested and
                maintained at the intervals and by the means specified by the
                manufacturer and any standard the machine or piece of equipment
                is required to meet, or 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.

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

          (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


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                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).


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:              April 1, 2001
AUTHORITY:                   ss. 10.3, 4.3 and 12.15, Occupational Health and Safety
                             Regulation
CROSS REFERENCES:
HISTORY:                     Replaces Policy No. 62.60 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. 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.




April 1, 2001                                                                             R10.3-1
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                                          PART 11

                                     FALL PROTECTION




Part 11 of the Occupational Health and Safety Regulation sets out requirements relating
to:

         •     general matters;
         •     guardrails;
         •     harnesses and safety belts;
         •     connecting equipment;
         •     anchors;
         •     vertical lifelines;
         •     horizontal lifeline systems;
         •     inspection and maintenance;
         •     safety nets; and
         •     control zones and procedures.

There are no Items for Part 11.




July 1, 2000
                                                           PREVENTION MANUAL




                                             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.




April 1, 2001
                                                   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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:                 April 1, 2001
AUTHORITY:                      s. 12.2, Occupational Health and Safety Regulation
CROSS REFERENCES:               Part 12, Occupational Health and Safety Regulation
HISTORY:                        Replaces Policy No. 26.02-2 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. 26.02-2, as they existed prior to the Effective Date,
                                with any wording changes necessary to reflect legislative and
                                regulatory changes since Policy No. 26.02-2 was issued.




April 1, 2001                                                                              R12.2-1
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                                                PREVENTION MANUAL

RE:       Tools, Machinery and Equipment                     ITEM: R12.56-1
          Powder Actuated Tools -
          Tool Use
                (Non-Interchangeability of
                Fasteners and Cartridges)




BACKGROUND
1.        Explanatory Notes

Section 12.56 sets out restrictions on the use of powder actuated tools and power
loads. Section 12.56(3) provides, in particular, that a powder actuated fastening
system must be used and serviced in accordance with the manufacturer’s
instructions.

2.        The Regulation

Section 12.56(3):

          A powder actuated fastening system must be used and serviced in
          accordance with the requirements of the tool manufacturer.


POLICY
Use of a powder actuated tool contrary to the tool manufacturer's instructions
is a violation of section 12.56(3).

Fasteners and cartridges not approved for use by the tool manufacturer are
sometimes used. This may result in jamming, misfires and fastener failures,
which are all potential safety hazards.

Officers will issue orders on the employer where these and other violations of
section 12.56(3) are observed.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.




April 1, 2001                                                                 R12.56-1
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                                            PREVENTION MANUAL


EFFECTIVE DATE:     April 1, 2001
AUTHORITY:          s. 12.56, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:            Replaces Policy No. 21.10(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. 21.10(3), as they existed prior to the Effective Date,
                    with any wording changes necessary to reflect legislative and
                    regulatory changes since Policy No. 21.10(3) was issued.




April 1, 2001                                                                 R12.56-1
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                                            PART 13

                LADDERS, SCAFFOLDS AND TEMPORARY WORK PLATFORMS




Part 13 of the Occupational Health and Safety Regulation sets out requirements relating
to:

          •     ladders;
          •     scaffolds;
          •     work platforms supported by a crane or hoist;
          •     elevating work platforms;
          •     forklift mounted work platforms;
          •     swing stages;
          •     boatswain’s chairs;
          •     suspended powered platforms; and
          •     window cleaning and similar building maintenance.




April 1, 2001
                                                             PREVENTION MANUAL

RE:       Ladders, Scaffolds and Temporary                              ITEM: R13.13-1
                Work Platforms -
          Ladders -
          Special Purpose Ladders
                (Manholes or Wells)


BACKGROUND
1.        Explanatory Notes

Section 13.13 requires that special purpose ladders be engineered or constructed
according to a standard acceptable to the Board.

2.        The Regulation

Section 13.13:

          A special purpose ladder such as ship’s ladder, escape ladder, individual
          rung ladder or a ladder visible to the audience in a theatre scenic unit or
          prop must be engineered or constructed to a standard acceptable to the
          board.

POLICY
The maximum distance down from the entry level (rim of the manhole cover) to
the centerline of the first rung below entry level in any manhole or well is 500 mm
(20 inches) where no handhold is provided above the first rung. Where a
handhold is provided between the entry level and the first rung, the maximum
distance may be increased to not more than 660 mm (26 inches).

PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.


EFFECTIVE DATE:               April 1, 2001
AUTHORITY:                    s. 13.13, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:                      Replaces Policy No. 30.14 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. 30.14, as they existed prior to the Effective Date, with
                              any wording changes necessary to reflect legislative and
                              regulatory changes since Policy No. 30.14 was issued.

April 1, 2001                                                                             R13.13-1
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RE:       Ladders, Scaffolds and Temporary                      ITEM: R13.21-1
             Work Platforms -
          Scaffolds - General Requirements -
          Guardrails and Toeboards




BACKGROUND

1.        Explanatory Notes

Section 13.21 sets out the requirements for guardrails and toeboards on
scaffolds.

2.        The Regulation

Section 13.21:

          (1)   Except as provided by subsections (2) and (3), a work platform 3 m
                (10 ft) or more above grade or floor level must have guardrails,
                meeting the requirements of Part 4 (General Conditions), on all
                open sides and ends.

          (2)   A work platform 3 m (10 ft) or more above grade or floor level on a
                system or fabricated scaffold must have guardrails meeting the
                requirements of CSA Standard CAN/CSA-S269.2-M87, Access
                Scaffolding for Construction Purposes, or other standard
                acceptable to the board.

          (3)   If an edge of the work platform is adjacent to a structure that
                provides equivalent protection to guardrails, then guardrails may be
                omitted on that edge and there may be an open space between the
                work platform and the structure of up to 30 cm (12 in).

          (4)   Toeboards must be provided as required by Part 4 (General
                Conditions).


POLICY

Standard tubular or other cross-bracing on cross-braced end-frame scaffolding is
not an acceptable alternate to standard guardrails. Both a top rail and
intermediate rail are required for compliance with section 13.21. Toeboards are
also required where necessary to prevent loose tools, materials or equipment
from falling off the scaffold.

April 1, 2001                                                                 R13.21-1
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                                                       PREVENTION MANUAL

PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.


EFFECTIVE DATE:          April 1, 2001
AUTHORITY:               s.13.21, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:                 Replaces Policy No. 32.08(1) 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. 32.08(1), as they existed prior to the Effective Date,
                         with any wording changes necessary to reflect legislative and
                         regulatory changes since Policy No. 32.08(1) was issued.




April 1, 2001                                                                      R13.21-1
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                                                       PREVENTION MANUAL

RE:       Ladders, Scaffolds and Temporary                      ITEM: R13.93-1
               Work Platforms -
          Work Platforms Supported by a Crane or Hoist -
          Standards
               (Suspended Work Platforms)




BACKGROUND
1.        Explanatory Notes

Section 13.93 sets out the standards with which work platforms supported by a
crane or hoist, or attached to a crane boom, must comply. Section 13.94 sets out
the information that must be marked on each such work platform.

2.        The Regulation

Section 13.93(1):

          A work platform suspended from a crane or hoist, or attached to a crane
          boom, must meet the requirements of WCB Standard A326, Design,
          Construction and Use of Suspended Platforms, or other standard
          acceptable to the board.

Section 13.94:

Each work platform that is suspended from a crane or hoist or attached to a
crane boom must be durably and legibly marked to show the

                (a)    name of the engineer certifying the platform, and the
                       fabricator of the platform,
                (b)    identification which correlates the platform to the relevant
                       design drawings,
                (c)    date of manufacture,
                (d)    rated capacity,
                (e)    minimum rated capacity required for the crane or hoist,
                (f)    number of occupants for which the platform was designed,
                (g)    all-up weight (weight of platform and rigging plus rated
                       capacity), and
                (h)    standard to which the platform conforms.




April 1, 2001                                                                  R13.93-1
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                                                              PREVENTION MANUAL


POLICY
A suspended work platform (SWP) is a work platform raised, lowered and held in
working position by a crane or hoist. Generally the occupants do not have direct
personal control over movement of the platform.

Officers encountering SWP in use will ensure that:

          •     work procedures, including those for control of the platform, are in
                place;

          •     the SWP is marked to show the information required by section 13.94;

          •     the required safe working load of the crane, at the maximum operating
                radius for the job at hand, will not be exceeded; and

          •     each worker on the SWP has a personal fall arresting system secured
                to a suitable anchorage above the load hook, or the designated
                anchor point on the platform.

A SWP not marked with the information required by section 13.94 will be ordered
out of service until it is verified that the platform is marked with the required
information.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:                 April 1, 2001
AUTHORITY:                      ss.13.93(1) and 13.94, Occupational Health and Safety
                                Regulation
CROSS REFERENCES:               See also ss. 13.95 and 13.100, Occupational Health and Safety
                                Regulation
HISTORY:                        Replaces Policy No. 32.60A-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. 32.60A-1, as they existed prior to the Effective Date,
                                with any wording changes necessary to reflect legislative and
                                regulatory changes since Policy No. 32.60A-1 was issued.




April 1, 2001                                                                             R13.93-1
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                                                        PREVENTION MANUAL

RE:       Ladders, Scaffolds and Temporary                      ITEM: R13.129-1
                 Work Platforms -
          Swing Stages -
          Prior Permission




BACKGROUND
1.        Explanatory Notes

Section 13.129 prohibits the use of a swing stage in certain situations unless prior
permission has been obtained from the Board.

2.        The Regulation

Section 13.129:

          A swing stage may not be used without the prior permission of the board if

                (a)    there will be 2 or more work platforms at different levels on
                       one swing stage assembly,
                (b)    one swing stage will be used above or below any portion of
                       another swing stage,
                (c)    there will be bridging between swing stages,
                (d)    the work platform will exceed 10 m (32 ft) in length, or
                (e)    the suspension height will exceed 91 m (300 ft).


POLICY
Where the Board grants permission under section 13.129, a letter will be sent to
the employer. A copy of the letter must be available at the site during the use of
the swing stage system.

If an officer encounters the use of a swing stage system in a situation described
in section 13.129, and the system does not have the prior permission from the
Board, the officer will stop the use of the system, and advise the employer of the
process for obtaining the necessary permission.




April 1, 2001                                                                  R13.129-1
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                                                         PREVENTION MANUAL

If an officer encounters the use of a swing stage system having prior permission
of the Board under section 13.129, the officer will ensure that any conditions for
use stipulated in the letter granting the prior permission are being met. In
addition, the officer should look for potential problems such as abrasion of
suspension cables by a swing stage, pinching of the upper stage between the
structure and the suspension lines for a lower stage, overloading of the
assembly, and safe access between work platforms on multi-level systems.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:            April 1, 2001
AUTHORITY:                 s.13.129, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:                   Replaces Policy No. 32.38(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. 32.38(3), as they existed prior to the Effective Date,
                           with any wording changes necessary to reflect legislative and
                           regulatory changes since Policy No. 32.38(3) was issued.




April 1, 2001                                                                       R13.129-1
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                                                       PREVENTION MANUAL

RE:       Ladders, Scaffolds and Temporary                      ITEM: R13.159-1
               Work Platforms -
          Suspended Powered Platforms -
          Permanent Powered Platforms
               (Use of Permanent Powered Platforms)



BACKGROUND
1.        Explanatory Notes

Section 13.159 sets out requirements for the use of permanent powered
platforms.

2.        The Regulation

Section 13.159:

          (1)   A permanent powered platform must be installed on a building or
                other structure if routine maintenance work will be performed from a
                powered platform and the suspension height of the platform will be
                greater than 30 m (100 ft).

          (2)   Except as provided in subsection (3), a permanent powered
                platform must meet the requirements of CSA Standard CAN3-
                Z271-M84, Safety Code for Suspended Powered Platforms and
                must be of a design and construction certified by a professional
                engineer.

          (3)   A permanent powered platform installed before April 15, 1998
                which does not meet the requirements of subsection (2) may
                remain in service, at the discretion of the board, subject to such
                modifications, additions or alterations deemed necessary for safe
                operation of the installation or equipment.


POLICY
Section 13.159(1) does not automatically require a permanent powered platform
be installed on a building or similar structure where the suspension height is
greater than 100 feet (30 metres). The section applies when an employer
decides to perform routine maintenance work from a powered platform and the
suspension height of the powered platform is greater than 100 feet (30 metres).



April 1, 2001                                                                R13.159-1
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                                                        PREVENTION MANUAL
The employer must make the decision on the work methods, procedures and
equipment to be used to do a routine maintenance task and ensure the work is
carried out in conformance with the relevant regulations. If the employer
chooses to do routine maintenance work using a powered platform, the
requirements of section 13.159 must be met.

PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.


EFFECTIVE DATE:           April 1, 2001
AUTHORITY:                s. 13.159, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:                  Replaces Policy No. 32.60(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. 32.60(5), as they existed prior to the Effective Date,
                          with any wording changes necessary to reflect legislative and
                          regulatory changes since Policy No. 32.60(5) was issued.




April 1, 2001                                                                      R13.159-1
                                                                                  Page 2 of 2
                                                         PREVENTION MANUAL




                                            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.




April 1, 2001
                                                         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)   The rated capacity of a crane or hoist must be permanently
                indicated on the superstructure, hoist and load block of the
                equipment except as provided by subsection (3), and must on a
                crane or hoist manufactured after January 1, 1999, be indicated in
                SI (metric) units.

          (2)   The rated capacity of a monorail crane must be permanently
                marked on the hoist and at 10 m (33 ft) intervals on the monorail
                beam.

          (3)   Rated capacity indication is not required on a crane or hoist if the
                rated capacity 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.


POLICY

With respect to bridge cranes, the "superstructure" referred to in section 14.5
means the bridge girder.


April 1, 2001                                                                      R14.5-1
                                                                                Page 1 of 2
                                                        PREVENTION MANUAL

Marking of the safe working load on the crane runways and their supporting
structure is not mandatory or necessary for bridge cranes.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.


EFFECTIVE DATE:           April 1, 2001
AUTHORITY:                s.14.5, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:                  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.




April 1, 2001                                                                        R14.5-1
                                                                                  Page 2 of 2
                                                       PREVENTION MANUAL

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 14.4:

         The rated capacity of a crane or hoist must be determined by the original
         equipment manufacturer or a professional engineer in accordance with the
         applicable design and safety standard, and must not be exceeded.

Section 14.5(1):

         The rated capacity of a crane or hoist must be permanently indicated on
         the superstructure, hoist and load block of the equipment, except as
         provided by subsection (3), and must on a crane or hoist manufactured
         after January 1, 1999, be indicated in SI (metric) units.

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:




August 1, 2001                                                                R14.11-1
                                                                            Page 1 of 2
                                                            PREVENTION MANUAL

    •    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.

PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.




EFFECTIVE DATE:              August 1, 2001
AUTHORITY:                   s. 14.11(1), Occupational Health and Safety Regulation
CROSS REFERENCES:            ss. 14.4 and 14.5(1), Occupational Health and Safety Regulation
HISTORY:                     Replaces Policy No. 56.04 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. 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.




August 1, 2001                                                                          R14.11-1
                                                                                      Page 2 of 2
                                                        PREVENTION MANUAL

RE:      Cranes and Hoists -                                     ITEM: R14.53-1
         Equipment Operation -
         High Voltage Electrical Conductors
               (Prevention of Contact by Tower Cranes)



BACKGROUND

1.       Explanatory Notes

Cranes and hoists must be operated in such a way as to avoid contact with
energized high voltage electrical conductors.

2.       The Regulation

Section 14.53:

         A crane or hoist must be operated to prevent any part of the equipment,
         load line or load from coming within the minimum distance of energized
         high voltage electrical conductors or exposed energized electrical
         equipment as required in Part 19 (Electrical Safety).

POLICY

Section 14.53 requires that the operator be able to determine if part of the
equipment, load line or load is approaching or within the minimum applicable
distances to be maintained from energized high voltage conductors or exposed
electrical equipment.

For a tower crane, if no other effective means is provided to assist the operator 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.




August 1, 2001                                                                  R14.53-1
                                                                              Page 1 of 2
                                                        PREVENTION MANUAL

PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:          August 1, 2001
AUTHORITY:               s. 14.53, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:                 Replaces Policy No. 56.42(3)(a) 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(3)(a), as they existed prior to the Effective Date,
                         with any wording changes necessary to reflect legislative and
                         regulatory changes since Policy No. 56.42(3)(a) was issued.




August 1, 2001                                                                       R14.53-1
                                                                                   Page 2 of 2
                                                           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 protection 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)     Limit devices on a tower crane must be tested at the beginning of
                 each work shift or more frequently if specified by the crane
                 manufacturer.

         (3)     Any malfunction of an automatic limit or safety device on a tower
                 crane must be remedied before the crane is used.

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.
August 1, 2001                                                                      R14.81-1
                                                                                  Page 1 of 2
                                                            PREVENTION MANUAL


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.

PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:               August 1, 2001
AUTHORITY:                    s. 14.81, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:                      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.




August 1, 2001                                                                          R14.81-1
                                                                                      Page 2 of 2
                                                      PREVENTION MANUAL




                                            PART 15

                                            RIGGING




Part 15 of the Occupational Health and Safety Regulation sets out requirements relating
to:

         •     general matters;
         •     slings;
         •     wire rope slings;
         •     alloy steel chain slings;
         •     synthetic web slings;
         •     metal mesh slings; and
         •     below-the-hook lifting devices.

There are no Items for Part 15.




July 1, 2000
                                                            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.




April 1, 2001
                                                  PREVENTION MANUAL

RE:       Mobile Equipment -                                    ITEM: R16.3-1
          General Requirements -
          Operation and Maintenance
                (Welding of Forks on Forklift Trucks)




BACKGROUND
1.        Explanatory Notes

Section 16.3 sets out general requirements for the operation and maintenance of
mobile equipment.

2.        The Regulation

Section 16.3(4):

          The operation, inspection, repair, maintenance and modification of mobile
          equipment must be carried out in accordance with this Regulation and the
          manufacturer’s instructions, or in the absence of such instructions, in
          accordance with good engineering practice.


POLICY
The use of forks repaired by welding is acceptable only when a professional
engineer has certified the completed weld repair as adequate. If the engineer's
certification requires the load capacity for the forklift be reduced, the load rating
markings and the machine manuals must be changed to reflect the reduced load
capacity specified by the engineer.

Officers will order welded forks out of service where the required certification is
not available.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.




April 1, 2001                                                                   R16.3-1
                                                                             Page 1 of 2
                                            PREVENTION MANUAL


EFFECTIVE DATE:     April 1, 2001
AUTHORITY:          s. 16.3(4), Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:            Replaces Policy No. 26.02-1 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. 26.02-1, as they existed prior to the Effective Date,
                    with any wording changes necessary to reflect legislative and
                    regulatory changes since Policy No. 26.02-1 was issued.




April 1, 2001                                                                  R16.3-1
                                                                            Page 2 of 2
                                                  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 16.3(4) requires that, the absence of manufacturer’s instructions, the
equipment be operated in accordance with good engineering practice.

2.        The Regulation

Section 16.3(4):

          The operation, inspection, repair, maintenance and modification of mobile
          equipment must be carried out in accordance with this Regulation and the
          manufacturer’s instructions, or in the absence of such instructions, in
          accordance with good engineering practice.


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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.

April 1, 2001                                                                     R16.3-2
                                                                               Page 1 of 2
                                            PREVENTION MANUAL


EFFECTIVE DATE:     April 1, 2001
AUTHORITY:          s.16.3(4), Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:            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.




April 1, 2001                                                                  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, or other standard acceptable to the board:

                (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 ….




April 1, 2001                                                                 R16.21-1
                                                                            Page 1 of 3
                                                      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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.


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:                      Replaces Policy No. 26.16(1) of the Prevention Division Policy
                              and Procedure Manual

April 1, 2001                                                                          R16.21-1
                                                                                     Page 2 of 3
                                        PREVENTION 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(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.




April 1, 2001                                                             R16.21-1
                                                                        Page 3 of 3
                                                  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.




April 1, 2001                                                                 R16.22-1
                                                                            Page 1 of 2
                                                  PREVENTION MANUAL


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.


EFFECTIVE DATE:          April 1, 2001
AUTHORITY:               s. 16.22(1)(h), Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:                 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.




April 1, 2001                                                                        R16.22-1
                                                                                   Page 2 of 2
                                                  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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.

April 1, 2001                                                                  R16.24-1
                                                                             Page 1 of 2
                                             PREVENTION MANUAL


EFFECTIVE DATE:     April 1, 2001
AUTHORITY:          s.16.24, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:            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.




April 1, 2001                                                                  R16.24-1
                                                                             Page 2 of 2
                                                     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.




April 1, 2001
                                                  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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.




April 1, 2001                                                                  R17.12-1
                                                                             Page 1 of 2
                                            PREVENTION MANUAL


EFFECTIVE DATE:     April 1, 2001
AUTHORITY:          s. 17.12(c), Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:            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.




April 1, 2001                                                                  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 17.13:

          (1)   Seating capacity must be determined by the number of 41 cm (16
                in) full seat widths available, provided the gross vehicle weight
                (GVW) is not exceeded.

          (2)   Workers must not be transported in a vehicle if the weight of the
                passengers plus the weight of any tools, equipment and cargo
                being carried results in the allowable gross vehicle weight (GVW)
                for the vehicle being exceeded.


POLICY
Under section 17.13(1), 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 a seat width.

Each passenger is assumed to weigh at least 68 kg (150 lbs) for the purpose of
estimating GVW under section 17.13(2).

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.


April 1, 2001                                                                R17.13-1
                                                                           Page 1 of 2
                                                 PREVENTION MANUAL


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.


EFFECTIVE DATE:          April 1, 2001
AUTHORITY:               s. 17.13, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:                 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.




April 1, 2001                                                                      R17.13-1
                                                                                 Page 2 of 2
                                                          PREVENTION MANUAL




                                              PART 18

                                       TRAFFIC CONTROL




Part 18 of the Occupational Health and Safety Regulation sets out requirements relating
to:

         •     general matters;
         •     traffic control persons (TCPs);
         •     equipment for traffic control persons;
         •     signals for traffic control persons; and
         •     other matters.

There are no Items for Part 18.




July 1, 2000
                                                        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.




April 1, 2001
                                                  PREVENTION MANUAL

RE:       Electrical Safety -                                   ITEM: R19.25-1
          Working Close to Energized High Voltage
                 Equipment and Conductors -
          Assurance in Writing




BACKGROUND
1.        Explanatory Notes

Section 19.25 requires a written assurance of certain matters from the
representative of the power system if the minimum distances from energized high
voltage equipment and conductors specified in section 19.25 and Table 19-1
cannot be maintained.

2.        The Regulation

Section 19.25, in part:

          (1)   If the minimum distance in Table 19-1 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
                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.

Section 19.24:

          (1)   The employer must ensure that at least the minimum applicable
                distance specified in Table 19-1 is maintained between exposed,
                energized high voltage electrical equipment and conductors and
                any worker, work, tool, machine, equipment or material, unless
                otherwise permitted by this Part.




April 1, 2001                                                                  R19.25-1
                                                                             Page 1 of 2
                                                    PREVENTION MANUAL


          (2)   The employer must accurately determine the voltage of any
                energized electrical equipment or conductor and the minimum
                distance from it required by subsection (1).

                     Table 19-1: General limits of approach
                       Voltage             Minimum distance
                    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
The minimum distances specified in section 19.24 and Table 19-1 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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:             April 1, 2001
AUTHORITY:                  ss.19.25 and 19.24, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:                    Replaces Policy No. 24.04(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. 24.04(1), as they existed prior to the Effective Date,
                            with any wording changes necessary to reflect legislative and
                            regulatory changes since Policy No. 24.04(1) was issued.




April 1, 2001                                                                         R19.25-1
                                                                                    Page 2 of 2
                                                    PREVENTION MANUAL

RE:       Electrical Safety -                                     ITEM: R19.30-1
          Tree Pruning and Falling Near
                 Energized Conductors -
          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 and Table 19-1.

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 19-1, 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)   The employer must ensure that at least the minimum applicable
                distance specified in Table 19-1 is maintained between exposed,
                energized high voltage electrical equipment and conductors and
                any worker, work, tool, machine, equipment or material, unless
                otherwise permitted by this Part.

          (2)   The employer must accurately determine the voltage of any
                energized electrical equipment or conductor and the minimum
                distance from it required by subsection (1).



April 1, 2001                                                                     R19.30-1
                                                                                Page 1 of 2
                                                          PREVENTION MANUAL


                         Table 19-1: General limits of approach
                           Voltage             Minimum distance
                        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).


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:                   April 1, 2001
AUTHORITY:                        ss.19.30 and 19.24, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:                          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.




April 1, 2001                                                                               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.




April 1, 2001
                                                  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, or other standard
                acceptable to the board 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;
                      (j)     bridge deck forms;
                      (k)     shaft lining forms;
                      (l)     tunnel lining forms;
                      (m)     forms so designated by the designer of the structure.

April 1, 2001                                                                  R20.17-1
                                                                             Page 1 of 2
                                                    PREVENTION MANUAL


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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



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:                    Replaces Policy No. 34.28(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. 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.



April 1, 2001                                                                         R20.17-1
                                                                                    Page 2 of 2
                                                  PREVENTION MANUAL

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.



April 1, 2001                                                                  R20.26-1
                                                                             Page 1 of 2
                                                    PREVENTION MANUAL

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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:            April 1, 2001
AUTHORITY:                 s.20.26, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:                   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.




April 1, 2001                                                                         R20.26-1
                                                                                    Page 2 of 2
                                                       PREVENTION MANUAL

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 16.3(4) requires that, the absence of manufacturer’s
instructions, the equipment be operated in accordance with good engineering
practice.

2.        The Regulation

Section 20.40:

          (1)   Outriggers must be used in accordance with the concrete placing
                boom or mast manufacturer’s specifications.

          (2)   Extendible outriggers for a concrete placing boom or mast must be
                marked to indicate maximum extension.

          (3)   A concrete placing boom or mast 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 16.3(4):

          The operation, inspection, repair, maintenance and modification of mobile
          equipment must be carried out in accordance with this Regulation and the
          manufacturer’s instructions, or in the absence of such instructions, in
          accordance with good engineering practice.


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.

However, in some situations, it may be impracticable to fully deploy outriggers.
The manufacturer’s instructions do not generally cover this possibility.
April 1, 2001                                                                 R20.40-1
                                                                            Page 1 of 3
                                                         PREVENTION MANUAL

Section 16.3(4) provides that, in the absence of manufacturer’s instructions, the
operation of mobile equipment must be carried out in accordance with
engineering practice. Set out below are guidelines for determining the "good
engineering practice” to be followed under section 16.3(4) 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.

          (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.




April 1, 2001                                                                    R20.40-1
                                                                               Page 2 of 3
                                                           PREVENTION MANUAL


          (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.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:              April 1, 2001
AUTHORITY:                   ss.20.40 and 16.3(4), Occupational Health and Safety
                             Regulation
CROSS REFERENCES:
HISTORY:                     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.




April 1, 2001                                                                          R20.40-1
                                                                                     Page 3 of 3
                                                   PREVENTION MANUAL

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.




April 1, 2001                                                                    R20.72-1
                                                                               Page 1 of 2
                                                        PREVENTION MANUAL

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.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.


EFFECTIVE DATE:                 April 1, 2001
AUTHORITY:                      s. 20.72, Occupational Health and Safety Regulation
CROSS REFERENCES:               s. 191, Workers Compensation Act
HISTORY:                        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.




April 1, 2001                                                                             R20.72-1
                                                                                        Page 2 of 2
                                                      PREVENTION MANUAL




                                            PART 21

                                   BLASTING OPERATIONS




Part 21 of the Occupational Health and Safety Regulation sets out requirements relating
to:

         •     general matters;
         •     certification;
         •     storage;
         •     transportation;
         •     handling explosives;
         •     drilling;
         •     loading;
         •     safety fuse initiation;
         •     electrical initiation;
         •     firing;
         •     returning to the blast site;
         •     misfire procedures; and
         •     specialized blasting operations.

There are no Items for Part 21.




July 1, 2000
                                                       PREVENTION MANUAL




                                          PART 22

                                UNDERGROUND WORKINGS




Part 22 of the Occupational Health and Safety Regulation sets out requirements relating
to:

         •     general matters;
         •     supervision of workers;
         •     working requirements;
         •     emergency requirements;
         •     entrance to underground working;
         •     ground control;
         •     drilling;
         •     underground use of explosives;
         •     mechanical excavation;
         •     fixed and mobile equipment in underground workings;
         •     underground haulage;
         •     trackless loading and hauling;
         •     waste dumps and spoil areas;
         •     raises;
         •     hoists and shafts;
         •     large diameter holes; and
         •     gassy underground workings.

There are no Items for Part 22.




July 1, 2000
                                                          PREVENTION MANUAL




                                             PART 23

                                          OIL AND GAS




Part 23 of the Occupational Health and Safety Regulation sets out requirements relating
to:

         •     general matters;
         •     geophysical operations;
         •     drilling and servicing rigs;
         •     drill stem testing, swabbing, cementing, well servicing and stimulation;
         •     production and plant operations;
         •     cleaning and repairing tanks or vessels; and
         •     gas sample containers.

There are no Items for Part 23.




July 1, 2000
                                                        PREVENTION MANUAL




                                          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:
               • general matters;
               • scuba diving;
               • surface supply diving;
               • deep diving;
               • altitude diving;
               • specific diving hazards;
               • live boating; and
         •     fishing operations:
               • general matters;
               • specific fishing operations:
                   • gillnetting;
                   • handlining;
                   • longlining;
                   • seining;
                   • trap fishing;
                   • trawling; and
                   • trolling.




July 1, 2000
                                                         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.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



April 1, 2001                                                                      R24.7-1
                                                                                Page 1 of 2
                                                   PREVENTION MANUAL



EFFECTIVE DATE:     April 1, 2001
AUTHORITY:          s.24.7, Occupational Health and Safety Regulation
CROSS REFERENCES:   Division 9, Workers Compensation Act
HISTORY:            Replaces Policy No. 11.02 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. 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.




April 1, 2001                                                                    R24.7-1
                                                                              Page 2 of 2
                                                       PREVENTION MANUAL

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.




July 1, 2000                                                                   R24.69-1
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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 the "master”, and the "owner" when he
or she is working on the vessel.

Only persons required to have a personal commercial fishing license or who, but
for their age, would be required to have a license, are considered
"crewmembers" for the purpose of sections 24.69 to 24.143. These sections 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 claim 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.




July 1, 2000                                                                        R24.69-1
                                                                                  Page 2 of 3
                                                        PREVENTION MANUAL


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:          July 1, 2000
AUTHORITY:               ss.24.1 and 24.69, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                 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.
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.




July 1, 2000                                                                        R24.69-1
                                                                                  Page 3 of 3
                                                            PREVENTION MANUAL


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;




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      •   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.

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.




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                                                                                  Page 2 of 3
                                                         PREVENTION MANUAL


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.



EFFECTIVE DATE:          July 1, 2000
AUTHORITY:               s.24.70, Occupational Health & Safety Regulation
CROSS REFERENCES:        See Fishing Operations - Vessel Preparation (R24.76-1)
HISTORY:                 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.




______________________________________________________________________
July 1, 2000                                                                              R24.70-1
                                                                                        Page 3 of 3
                                                       PREVENTION MANUAL


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.



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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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.



EFFECTIVE DATE:            July 1, 2000
AUTHORITY:                 s.24.71, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                   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.




______________________________________________________________________
June 1, 2000                                                                                R24.71-1
                                                                                          Page 2 of 2
                                                         PREVENTION MANUAL


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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.




July 1, 2000                                                                          R24.72-1
                                                                                    Page 1 of 2
                                                     PREVENTION MANUAL



EFFECTIVE DATE:      July 1, 2000
AUTHORITY:           s.24.72, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:             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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July 1, 2000                                                                          R24.72-1
                                                                                    Page 2 of 2
                                                         PREVENTION MANUAL


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.




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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
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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.



EFFECTIVE DATE:             July 1, 2000
AUTHORITY:                  s.24.73, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                    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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July 1, 2000                                                                               R24.73-1
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                                                              PREVENTION MANUAL


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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                                                                                        Page 1 of 2
                                                         PREVENTION MANUAL


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.



EFFECTIVE DATE:          July 1, 2000
AUTHORITY:               s.24.74, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                 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.




______________________________________________________________________
July 1, 2000                                                                              R24.74-1
                                                                                        Page 2 of 2
                                                             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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.



EFFECTIVE DATE:              July 1, 2000
AUTHORITY:                   s.24.75, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                     Replaces Policy No. 85.9 of the Prevention Division Policy and
                             Procedure Manual




____________________________________________________________________
July 1, 2000                                                                               R24.75-1
                                                                                         Page 1 of 2
                                                     PREVENTION 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.




____________________________________________________________________
July 1, 2000                                                                       R24.75-1
                                                                                 Page 2 of 2
                                                        PREVENTION MANUAL


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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.




July 1, 2000                                                                        R24.76-1
                                                                                   Page 1 of 2
                                                     PREVENTION MANUAL



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:             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.




______________________________________________________________________
July 1. 2000                                                                         R24.76-1
                                                                                   Page 2 of 2
                                                          PREVENTION MANUAL

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. This section must be considered in conjunction with sections
33.6 and 33.7, which set out the general occupational first aid requirements for
recording injuries and manifestations of disease reported and treated.

2.        The Regulation

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.

Section 33.6:

          (1)   The employer must maintain at the workplace a record of all injuries
                and manifestations of disease reported or treated.

          (2)   Each entry or record required by subsection (1) must contain

                (a)    the full name of the injured worker,

                (b)    the date and time of injury or report of illness,

                (c)    the date and time the injury or illness was reported to the
                       employer or employer’s representative,

                (d)    the names of witnesses,

                (e)    a description of how the injury or illness occurred,

                (f)    a description of the nature of the injury or illness,



April 1, 2002                                                                    R24.77-1
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                                                         PREVENTION MANUAL


                (g)    a description of the treatment given and any arrangements
                       made relating to the injured worker,

                (h)    a description of any subsequent treatment given for the
                       same injury or illness, and

                (i)    the signature of the attendant or person giving first aid, and if
                       possible, the signature of the worker receiving treatment.

          (3)   First aid records for an injury or illness reported as occurring after
                December 31, 1988 must be kept for at least 10 years.

Section 33.7:

          (1)   Access to first aid records is restricted to individuals requiring
                access for reasons of medical treatment, workplace inspection,
                accident investigation, claims processing and appeals, and for
                reasons relevant to the workplace health and safety program,
                including the gathering of statistics.

          (2)   First aid records must be available for inspection by an officer of the
                board.

          (3)   Persons with access to first aid records must keep confidential the
                information contained in the records, except as required for the
                legitimate purpose of their access.

          (4)   On request, a worker must be given a copy of first aid records for
                any treatment or report pertaining to the worker.


POLICY

Sections 33.6 and 33.7 provide for keeping a first aid book and access to first aid
records. These sections must be complied with to the extent they are 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 information
that must be recorded under section 33.6(2) must also be entered into the
vessel’s log book by the master.




April 1, 2002                                                                     R24.77-1
                                                                                Page 2 of 3
                                                       PREVENTION MANUAL


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:          April 1, 2002
AUTHORITY:               ss.24.77, 33.6 and 33.7, Occupational Health and Safety
                         Regulation
CROSS REFERENCES:
HISTORY:                 Replaces Policy No. 85.13 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. 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.




April 1, 2002                                                                     R24.77-1
                                                                                Page 3 of 3
                                                      PREVENTION MANUAL


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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.




July 1, 2000                                                                      R24.80-1
                                                                                Page 1 of 2
                                                     PREVENTION MANUAL



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:             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.




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July 1, 2000                                                                          R24.80-1
                                                                                    Page 2 of 2
                                                      PREVENTION MANUAL

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 and 13.3 set out requirements for portable ladders and
gangways.

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 13.3:

         A protective coating applied to a wooden ladder, other than a small
         amount for identification purposes, must be transparent to allow any
         defects to be discovered by inspection.


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. Ladders in use as of January 1, 1995, are not required to have CSA or
other acceptable certification. However, properly certified ladders must be
obtained when those ladders are replaced.

Federal regulations made under the Fish Protection Act require that wooden
surfaces in contact with fish be covered with an approved coating. These
regulations might apply to wooden ladders in fish holds. If there is a conflict
between the Federal regulations and section 13.3, the Federal regulations will
prevail.



July 1, 2000                                                                 R24.83-1
                                                                           Page 1 of 2
                                                        PREVENTION MANUAL


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:          July 1, 2000
AUTHORITY:               s.24.83, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                 Replaces Policy No. 85.17 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. 85.17, as they existed prior to the Effective Date, with
                         any wording changes necessary to reflect legislative and
                         regulatory changes since Policy No. 85.17 was issued.




July 1, 2000                                                                         R24.83-1
                                                                                   Page 2 of 2
                                                       PREVENTION MANUAL

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.



July 1, 2000                                                                 R24.84-1
                                                                           Page 1 of 2
                                                            PREVENTION MANUAL

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.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:              July 1, 2000
AUTHORITY:                   ss.24.84 and 24.137, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                     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.




July 1, 2000                                                                             R24.84-1
                                                                                       Page 2 of 2
                                                       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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.



July 1, 2000                                                                        R24.85-1
                                                                                  Page 1 of 2
                                                     PREVENTION MANUAL



EFFECTIVE DATE:      July 1, 2000
AUTHORITY:           s.24.85, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:             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.




_____________________________________________________________________
July 1, 2000                                                                        R24.85-1
                                                                                   Page 2 of 2
                                                         PREVENTION MANUAL

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;


July 1, 2000                                                                      R24.86-1
                                                                                Page 1 of 2
                                                               PREVENTION MANUAL

         •     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.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:                 July 1, 2000
AUTHORITY:                      s.24.86, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                        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.




July 1, 2000                                                                                R24.86-1
                                                                                          Page 2 of 2
                                                             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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.



EFFECTIVE DATE:              July 1, 2000
AUTHORITY:                   s.24.87, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                     Replaces Policy No. 85.21 of the Prevention Division Policy and
                             Procedure Manual


July 1, 2000                                                                                 R24.87-1
                                                                                           Page 1 of 2
                                                     PREVENTION 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.




______________________________________________________________________
July 1, 2000                                                                          R24.87-1
                                                                                    Page 2 of 2
                                                             PREVENTION MANUAL


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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.



EFFECTIVE DATE:              July 1, 2000
AUTHORITY:                   s.24.90, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                     Replaces Policy No. 85.24 of the Prevention Division Policy and
                             Procedure Manual




______________________________________________________________________
July 1, 2000                                                                                 R24.90-1
                                                                                           Page 1 of 2
                                                     PREVENTION 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.




______________________________________________________________________
July 1, 2000                                                                          R24.90-1
                                                                                    Page 2 of 2
                                                             PREVENTION MANUAL


RE:      Fishing Operations -                                        ITEM: R24.95-1
         Controlled Products




BACKGROUND
1.       Explanatory Notes

Section 24.95 sets out controlled products requirements for fishing vessel masters.

2.       The Regulation

Section 24.95:

         The master must ensure that labels, material safety data sheets and means of
         identification are provided for controlled products on board the fishing vessel and
         that crewmembers are instructed in the proper use of controlled products, as
         required by Part 5 (Chemical and Biological Substances).


POLICY
The effect of section 24.95 is to specifically require the master of a fishing vessel to
carry out the obligations of an employer under the WHMIS Regulations.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.



EFFECTIVE DATE:              July 1, 2000
AUTHORITY:                   s.24.95, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                     Replaces Policy No. 85.29 of the Prevention Division Policy and
                             Procedure Manual




______________________________________________________________________
July 1, 2000                                                                                 R24.95-1
                                                                                           Page 1 of 2
                                                     PREVENTION 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. 85.29, as
                     they existed prior to the Effective Date, with any wording changes
                     necessary to reflect legislative and regulatory changes since Policy No.
                     85.29 was issued.




______________________________________________________________________
July 1, 2000                                                                         R24.95-1
                                                                                   Page 2 of 2
                                                           PREVENTION MANUAL


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.


____________________________________________________________________
July 1, 2000                                                                         R24.97-1
                                                                                   Page 1 of 2
                                                                PREVENTION MANUAL

         •     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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.



EFFECTIVE DATE:                 July 1, 2000
AUTHORITY:                      s.24.97, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                        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.




_________________________________________________________________________
July 1, 2000                                                                                     R24.97-1
                                                                                               Page 2 of 2
                                                             PREVENTION MANUAL


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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.



EFFECTIVE DATE:              July 1, 2000
AUTHORITY:                   s.24.98, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                     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.



______________________________________________________________________
July 1, 2000                                                                                  R24.98-1
                                                                                            Page 1 of 1
                                                             PREVENTION MANUAL


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.

PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.



EFFECTIVE DATE:              July 1, 2000
AUTHORITY:                   s.24.100, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                     Replaces Policy No. 85.34 of the Prevention Division Policy and
                             Procedure Manual




______________________________________________________________________
July 1, 2000                                                                                R24.100-1
                                                                                           Page 1 of 2
                                                     PREVENTION 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




______________________________________________________________________
July 1, 2000                                                                         R24.100-1
                                                                                    Page 2 of 2
                                                    PREVENTION MANUAL




                                       PART 25

                                       CAMPS



There are currently no provisions in Part 25 of the Occupational Health and Safety
Regulation.




July 1, 2000
                                                    PREVENTION MANUAL




                                          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.




April 1, 2001
                                                   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”    includes any tree that is hazardous to workers
                              because of location or lean, physical damage,
                              overhead hazards, deterioration of the limbs, stem or
                              root system, or a combination of these

Section 26.11:

          (1)   If work in a forestry operation will expose a worker to a dangerous
                tree, the tree must be removed.

          (2)   Trees that will interfere with rig-up, the movement of lines and
                equipment, or that could be pushed or pulled into the work area
                must be removed.

          (3)   Saplings over 6 m (20 ft) tall, in an area where cable logging is
                being done, must be moved before yarding commences.

          (4)   If it is not practicable to comply with subsection (3), such as during
                partial cutting operations, alternative work methods or procedures
                which minimize the risk to workers may be used, and the work must
                be directed by a supervisor who has, as far as practicable,
                controlled the danger to any worker.

          (5)   Any dangerous tree, regardless of height, located within an active
                hand falling or cable logging operation must not interfere with safe
                falling or yarding practices, and if it does interfere, it must be
                removed.


April 1, 2001                                                                   R26.11-1
                                                                              Page 1 of 3
                                                   PREVENTION MANUAL

          (6)   A dangerous tree in a forestry operation may be left standing during
                operations other than construction or harvesting if

                      (a)    no significant ground vibrations are likely to be
                             produced,
                      (b)    no work will be done within reach of the tree when
                             wind speed exceeds 20 km/h (12 mph), and
                      (c)    a tree assessor who has completed a training
                             program acceptable to the board determines that the
                             tree will not be dangerous to workers during the
                             planned activity.

          (7)   If tree planting is to be done in an area that has more than 500
                dangerous trees per hectare, the board may approve a request to
                work without removing all the dangerous trees if, before work
                commences,

                      (a)    a representative sample of the dangerous trees is
                             assessed by a tree assessor who has completed a
                             training program acceptable to the board,
                      (b)    any findings of the assessment as to the removal of
                             dangerous trees or other trees are implemented, and
                      (c)    no silviculture is done within reach of dangerous trees
                             when wind speed exceeds 20 km/h (12 mph).


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 sections 26.11(6) and 26.11(7) apply, 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.

April 1, 2001                                                                     R26.11-1
                                                                                Page 2 of 3
                                                  PREVENTION MANUAL


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



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:                 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.




April 1, 2001                                                                        R26.11-1
                                                                                   Page 3 of 3
                                                  PREVENTION MANUAL

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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.

April 1, 2001                                                                  R26.79-1
                                                                             Page 1 of 2
                                            PREVENTION MANUAL



EFFECTIVE DATE:     April 1, 2001
AUTHORITY:          s. 26.79, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:            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.




April 1, 2001                                                                R26.79-1
                                                                           Page 2 of 2
                                                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 or other standard acceptable to the board 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.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.

April 1, 2001                                                               R26.86-1
                                                                          Page 1 of 2
                                            PREVENTION MANUAL


EFFECTIVE DATE:     April 1, 2001
AUTHORITY:          s. 26.86(1)(c) and (d), Occupational Health and Safety
                    Regulation
CROSS REFERENCES:
HISTORY:            Replaces Policy No. 60.260(6)&(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. 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.




April 1, 2001                                                                  R26.86-1
                                                                             Page 2 of 2
                                                       PREVENTION MANUAL




                                             PART 27

                           WOOD PRODUCTS MANUFACTURING




Part 27 of the Occupational Health and Safety Regulation sets out requirements relating
to:

         •     general matters;
         •     saws and knives;
         •     log handling;
         •     headrigs;
         •     chippers, hogs and planers;
         •     materials handling; and
         •     shake and shingle mills.

There are no Items for Part 27.




July 1, 2000
                                                        PREVENTION MANUAL




                                           PART 28

                              AGRICULTURAL OPERATIONS




Part 28 of the Occupational Health and Safety Regulation has been reserved as a
location for agriculture-specific requirements, based upon future consultation with the
agriculture sector. There are currently no provisions in the Part.

Agriculture-specific requirements are found instead in the Regulations for Agricultural
Operations. The following general requirements also apply:

        •    sections 2 to 8 of the Industrial Health and Safety Regulations;
        •    other provisions of the Industrial Health and Safety Regulations referred to in
             sections 2 to 8 and in the Regulations for Agricultural Operations; and
        •    sections 5.1 and 5.3 to 5.21 of Part 5 and the whole of Part 33 of the
             Occupational Health and Safety Regulation.




December 1, 2000
                                                       PREVENTION MANUAL

RE:     Agricultural Operations -                                    ITEM: R28.00-0
        Regulations Specifically Applicable
        to Agriculture



BACKGROUND

1.      Explanatory Notes

There are no agriculture-specific provisions in the Occupational Health and Safety
Regulation. B.C. Regulation 340/97, set out below, identifies the occupational health
and safety regulations that apply specifically to the “farming industry”.

Part 28 of the Occupational Health and Safety Regulation has been reserved as a
location for agriculture-specific requirements, based upon future consultation with the
agriculture sector. The policies with respect to agricultural operations have therefore
been assigned the prefix “R28” for numbering purposes in this Manual.

2.      The Regulations

B.C. Regulation 340/97:

        1.         In addition to the Regulations for Agricultural Operations, the following
                   regulations will apply, effective April 15, 1998, to the “farming industry” as
                   defined in B.C. Reg. 434/82, with the exception of aquaculture:

                   (a)    sections 2 to 8 of the Industrial Health and Safety Regulations, B.C.
                          Reg. 585/77;
                   (b)    other provisions of the Health and Safety Regulations that are
                          referred to in sections 2 to 8 and in the Regulations for Agricultural
                          Operations;
                   (c)    sections 5.1 and 5.3 to 5.21 of Part 5 and the whole of Part 33 of
                          the Occupational Health and Safety Regulation.


POLICY
There is no POLICY for this Item.


PRACTICE
There is no PRACTICE for this Item.


December 1, 2000                                                                    R28.00-0
                                                                                  Page 1 of 2
                                            PREVENTION MANUAL


EFFECTIVE DATE:     December 1, 2000
AUTHORITY:          B.C. Reg. 340/97
CROSS REFERENCES:   See also Agricultural Operations – Application – Scope of Application of
                    Regulations (Item R28.2-1) for B.C. Reg. 434/82 and definition of
                    “farming industry”
HISTORY:            Replaces Policy No. 70.0.0 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. It has been developed
                    for information purposes and contains no substantive requirements.




December 1, 2000                                                              R28.00-0
                                                                            Page 2 of 2
                                                    PREVENTION MANUAL

RE:        Agricultural Operations -                             ITEM: R28.00-8.02-1
           Safe Working Load




BACKGROUND

1.         Explanatory Notes

Regulation 8.02 of the Industrial Health and Safety Regulations provides requirements
for ensuring the appropriate strength of structures and equipment. Regulation 8.02(2)
and (3) sets out the requirement for the manufacturer’s specification with respect to the
safe working load of equipment and the circumstances in which the certification of a
registered professional engineer is necessary.

2.         The Regulations

Regulation 8.02 of the Industrial Health and Safety Regulations:

     (1)      The employer shall ensure that:

                   (a)   machinery and equipment are capable of safely performing the
                         functions for which they are used, and
                   (b)   all building and permanent and temporary structures are capable of
                         withstanding any stresses likely to be imposed upon them.

     (2)      Except as provided elsewhere in these regulations, the safe working load of
              any equipment shall be that specified by the manufacturer.

     (3)      The safe working load shall be certified by a registered professional engineer
              where:

                   (a)   the manufacturer’s specification or other acceptable warranty
                         cannot be produced, or
                   (b)   the equipment has been modified in a manner which will change its
                         safe working load, or
                   (c)   wear, corrosion, damage or signs of fatigue are found which may
                         reduce the safe working load, or
                   (d)   the equipment is used in a manner or for purposes other than that
                         for which it was originally designed, when such use will change the
                         safe working load, or
                   (e)   in the opinion of the board, the provision of such certification is
                         deemed to be necessary.




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POLICY
As an alternative to using a Professional Engineer for purposes of Regulation 8.02, the
employer may have the certification done by a manufacturer or representative if the
manufacturer or representative has a Professional Engineer on staff or on retainer to
authorize the certification.

The certificate of a manufacturer or representative who is a Professional Engineer
meets by itself the requirements of Regulation 8.02. Where the manufacturer or
representative is not an engineer, the employer must obtain confirmation of the
certificate from an engineer employed by the manufacturer or representative. If this
confirmation cannot be obtained, a certificate must be obtained from another
Professional Engineer.

A Board officer may prescribe a period for obtaining a certificate and, where necessary,
confirmation of a certificate, not exceeding three months. Otherwise, the employer must
obtain a certificate and confirmation within three months of the obligation to obtain a
certificate first arising. A written request for an extension of the time for obtaining the
certificate and confirmation may be made to the officer’s director.

Regulation 8.02(2) and (3) only apply to equipment made by a manufacturer in the
business of selling equipment. They do not apply to equipment created by the employer
for the purpose of the employer's own business. However, Regulation 8.02(1) requires
an employer to ensure that "machinery and equipment are capable of safely performing
the functions for which they are used."


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.



EFFECTIVE DATE:             December 1, 2000
AUTHORITY:                  Reg. 8.02, Industrial Health and Safety Regulations
CROSS REFERENCES:
HISTORY:                    Replaces Policy No. 70.0.8.02 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. 70.0.8.02,
                            as they existed prior to the Effective Date, with any wording changes
                            necessary to reflect legislative and regulatory changes since Policy No.
                            70.0.8.02 was issued.




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RE:     Agricultural Operations -                                       ITEM: R28.00-8.38-1
        Arrangement of Work Areas/Aisle Markings




BACKGROUND
1.      Explanatory Notes

Regulation 8.38 of the Industrial Health and Safety Regulations sets out the
requirements for work area arrangements and aisle markings to allow safe movement.

2.      The Regulations

Regulation 8.38 of the Industrial Health and Safety Regulations:

        (1)        Work areas shall be arranged to allow the safe movement of workers,
                   equipment and materials.

        (2)        Wherever practicable, aisles and passageways in work and in storage
                   areas shall be clearly delineated by floor markings. Such markings shall
                   be maintained in a clearly visible condition.

POLICY
Regulation 8.38(2) only applies "wherever practicable". If materials such as feed and
manure must be moved, it may not be feasible to keep the floor clean and markings
visible. The Board recognizes that it may not be practicable to comply with the
regulation in such situations.

PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:                 December 1, 2000
AUTHORITY:                      Reg. 8.38, Industrial Health and Safety Regulations
CROSS REFERENCES:
HISTORY:                        Replaces Policy No. 70.0.8.38 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. 70.0.8.38,
                                as they existed prior to the Effective Date, with any wording changes
                                necessary to reflect legislative and regulatory changes since Policy No.
                                70.0.8.38 was issued.


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RE:     Agricultural Operations -                                ITEM: R28.00-8.44-1
        Illumination Requirements




BACKGROUND

1.      Explanatory Notes

Regulation 8.44 of the Industrial Health and Safety Regulations requires adequate
illumination in all working areas as required by Section 13 of the IH&S Regulations.
Regulation 13.79 sets out requirements for emergency lighting systems. Section 32 of
the Regulations for Agricultural Operations sets out lighting requirements where
pesticides are mixed and loaded.

2.      The Regulations

Regulation 8.44 of the Industrial Health and Safety Regulations:

        Adequate illumination shall be provided in all working areas, in accordance with
        the requirements of Section 13 of these regulations.

Regulation 13.79 of the Industrial Health and Safety Regulations:

        (1)        Where failure of the regular lighting system would create conditions
                   dangerous to the health and safety of the workers, an emergency lighting
                   system shall be provided for the workplace and the exit routes.

        (2)        Emergency lighting systems shall provide dependable illumination to
                   enable the carrying out of all emergency measures including:

                   (a)   emergency shutdown procedures, and
                   (b)   evacuation of all workers from the premises.

Section 32 of the Regulations for Agricultural Operations:

Where pesticides are mixed and loaded, the employer shall ensure there is sufficient
illumination to enable workers to read the pesticide label.


POLICY
Other than the requirements set out in Regulation 13.79 of the Industrial Health and
Safety Regulations, most requirements in Section 13 of the IH&S Regulations are not
likely to be relevant to agricultural operations. Regulation 13.79 provides for an

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emergency lighting system in certain situations where the regular lighting system fails.
Depending upon the circumstances, a portable illumination system may meet the
requirements of this Regulation.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:            December 1, 2000
AUTHORITY:                 Regs. 8.44 and 13.79, Industrial Health and Safety Regulations
CROSS REFERENCES:          See also s. 32, Regulations for Agricultural Operations
HISTORY:                   Replaces Policy No. 70.0.8.44 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. 70.0.8.44,
                           as they existed prior to the Effective Date, with any wording changes
                           necessary to reflect legislative and regulatory changes since Policy No.
                           70.0.8.44 was issued.




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RE:        Agricultural Operations -                             ITEM: R28.00-8.48-1
           Acids, Caustics and Hot Materials -
           Personal Protective Equipment




BACKGROUND

1.         Explanatory Notes

Regulation 8.48(2) of the Industrial Health and Safety Regulations provides for the use
of personal protective equipment in situations involving high temperature sources that
are necessarily unshielded due to the work process. It may apply in situations where
section 80 of the Regulations for Agricultural Operations does not.

2.         The Regulations

Regulation 8.48 of the Industrial Health and Safety Regulations:

     (1)      Open flames, steam pipes, steam or hot water jets and other high
              temperature sources shall be positioned or shielded to prevent contact by
              workers, unless the exposed sources are necessary to the work process.

     (2)      Where such sources are necessarily unshielded, exposed workers shall wear
              suitable personal protective equipment, in accordance with the requirements
              of Section 14.

Section 80 of the Regulations for Agricultural Operations:

           A worker handling or using acids, caustics, steam, abrasives, hot fluid jets or
           similar harmful substances shall use suitable personal protective equipment, or
           other means shall be adopted that provide protection against these hazards.


POLICY
Where a Board officer makes an order under Regulation 8.48(2), the officer will include
in the order a summary of the requirements of the provision of Section 14 which applies.
This will normally be Regulation 14.16, 14.18 or 14.21.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.

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EFFECTIVE DATE:     December 1, 2000
AUTHORITY:          Reg. 8.48, Industrial Health and Safety Regulations
CROSS REFERENCES:   See also s. 80, Regulations for Agricultural Operations
HISTORY:            Replaces Policy No. 70.0.8.48 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. 70.0.8.48,
                    as they existed prior to the Effective Date, with any wording changes
                    necessary to reflect legislative and regulatory changes since Policy No.
                    70.0.8.48 was issued.




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RE:     Agricultural Operations -                                ITEM: R28.00-8.54-1
        Removal of Waste Materials




BACKGROUND

1.      Explanatory Notes

Regulation 8.54 of the Industrial Health and Safety Regulations requires the removal of
waste materials to avoid creation of hazards. Regulations 8.58 – 8.62 of the IH&S
Regulations set out requirements relating to storage of materials, including waste
materials.

2.      The Regulations

Regulation 8.54 of the Industrial Health and Safety Regulations:

Refuse, spills and waste materials shall not be allowed to accumulate so as to
constitute a hazard.

Regulation 8.58 of the IH&S Regulations:

        (1)        No material and equipment shall be so placed, stacked or stored as to
                   constitute a hazard to workers.

        (2)        Stacked materials or containers shall be stabilized when necessary by
                   interlocking, strapping or other effective means of restraint.

Regulation 8.60 of the IH&S Regulations:

        No worker shall enter any place where there is a danger of entrapment in loose
        material, unless safe access thereto has been provided by catwalks, walkways,
        or other means, or unless he is equipped with a safety-belt and life-line and is
        attended by another worker who is stationed, equipped and capable of
        immediately effecting a rescue.

Regulation 8.62 of IH&S Regulations

        The area in which materials may be dropped, dumped or spilled, shall be
        barricaded and protected by warning signs, to prevent the inadvertent entry of
        workers.




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POLICY
Agricultural operations may use material such as manure that in other operations or
circumstances might be considered "refuse" or "waste materials". The use of such
materials does not necessarily mean that Regulation 8.54 applies. Regulation 8.54
applies if there is an accumulation of waste manure material or spills of such material in
an agricultural operation and a hazard is caused.

The use and storage of materials such as manure is subject to Regulations 8.58 to 8.62
governing the safe storage and use of materials.

The Agricultural Waste Control Regulation issued under the Waste Management Act
establishes a code which must be followed when collecting, storing, handling, using and
disposing of agricultural waste. The regulations made under the Pesticide Control Act
govern the disposal of pesticides. If a Board officer observes a violation of either of
these Acts, the officer will report it to the Ministry of Environment, Lands and Parks.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:            December 1, 2000
AUTHORITY:                 Regs. 8.54, 8.58, 8.60 and 8.62, Industrial Health and Safety
                           Regulations
CROSS REFERENCES:
HISTORY:                   Replaces Policy No. 70.0.8.54 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. 70.0.8.54,
                           as they existed prior to the Effective Date, with any wording changes
                           necessary to reflect legislative and regulatory changes since Policy No.
                           70.0.8.54 was issued.




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RE:     Agricultural Operations -                                   ITEM: R28.1-1
        Definitions -
        “Slightly Toxic, Moderately Toxic, or
               Very Toxic Pesticide”




BACKGROUND

1.      Explanatory Notes

Section 1 of the Regulations for Agricultural Operations sets out the definitions to be
used in applying the Regulations. This includes a definition for “slightly toxic,
moderately toxic, or very toxic pesticide”.

2.      The Regulations

Section 1 of the Regulations for Agricultural Operations:

“slightly toxic,            means a pesticide containing active ingredients which have
moderately toxic, or        acute mammalian toxicities determined by an authority
very toxic pesticide”       acceptable to the Board, expressed as the Lethal Dose 50%
                            (LD50) by oral or dermal routes of entry as follows:

                            Category                Oral LD50              Dermal LD50

                            Very toxic              0-50 mg/kg             0-200 mg/kg
                            Moderately toxic        over 50-500 mg/kg      over 200-1000 mg/kg
                            Slightly toxic          over 500 mg/kg         over 1000 mg/kg

                            The lowest LD50 in either the oral or dermal route of entry shall
                            determine the category of the pesticide. Where the LD50 is
                            reported as a range, the lowest reported LD50 shall be used for
                            the classification.

Section 20 of the Regulations for Agricultural Operations:

Where a worker may be exposed to any substance likely to cause adverse health
effects, the employer shall ensure that

        (a)        the substance, the nature of its harmful characteristics, and the
                   precautions required for the safety of workers are clearly identified by
                   signs or other similar means,




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        (b)        emergency procedures have been established for use in the event of an
                   accidental spill or release of a harmful substance, and that all workers who
                   may be affected have been adequately trained in those procedures,

        (c)        supervisors and workers are trained in the safe handling, use, storage and
                   disposal of the substance, and

        (d)        safe means of handling, use, storage and disposal of the substance are
                   followed.


POLICY
The B.C. Ministry of Environment, Lands and Parks is an acceptable authority for
classifying pesticides.

Toxicity is defined by reference to "active" ingredients. This does not mean that other
ingredients can be ignored. They will have to be considered by an employer in fulfilling
the general obligations under section 20. The provisions that specifically govern the
use of pesticides and are not restricted to pesticides of a certain toxicity will require
consideration of all ingredients.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:                 December 1, 2000
AUTHORITY:                      s.1, Regulations for Agricultural Operations
CROSS REFERENCES:               See also s. 20, Regulations for Agricultural Operations
HISTORY:                        Replaces Policy No. 70.1 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. 70.1, as
                                they existed prior to the Effective Date, with any wording changes
                                necessary to reflect legislative and regulatory changes since Policy No.
                                70.1 was issued.




December 1, 2000                                                                          R28.1-1
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RE:     Agricultural Operations -                                  ITEM: R28.2-1
        Application -
        Scope of Application of Regulations




BACKGROUND

1.      Explanatory Notes

Section 2 of the Regulations for Agricultural Operations sets out the scope of the
application of the Regulations.

2.      The Regulations

Section 2 of the Regulations for Agricultural Operations:

        These regulations apply to all employers, workers and all other persons
        working in or contributing to any agricultural production of the farming
        industry other than aquaculture, within the scope of Part 3 of the Workers
        Compensation Act and within the inspectional jurisdiction of the board.
        They are intended to address hazards specific to agricultural production.

Section 1 of the Regulations for Agricultural Operations:

        “farming industry”             means the farming industry as defined in BC
                                       Regulation 434/82


B.C. Regulation 434/82:

        (1)        Land will be classified as a farm if the primary agricultural production on
                   the land by the owner, lessee or occupier has a gross value of production
                   of:

                   (a)    at least $1,600.00 on the first 4 hectares and in addition
                   (c)    an amount equal to 5% of the assessed value of the land for farm
                          purposes that exceeds 4 hectares.
        (2)        Land of less than 8,000 m2 shall not be classified as a farm unless the
                   owner earns his livelihood from the primary agricultural products produced
                   on the land.




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        (3)        Primary agricultural production includes:

                   (a)   growing or raising crops
                   (b)   dairying
                   (c)   poultry raising
                   (d)   egg production
                   (e)   raising of livestock for human consumption
                   (f)   breeding of beef cattle for herd improvement
                   (g)   horticulture
                   (h)   beekeeping
                   (i)   aquaculture
                   (j)   fur farming
                   (k)   breeding of horses

POLICY
The Regulations for Agricultural Operations do not apply to all activities carried out on
farms. They only cover agricultural production. Agricultural production includes
activities which are incidental to it and might not normally by themselves be regarded as
specifically agricultural in nature, such as clerical activities related to the management
of a farm. Where other activities on a farm amount to the carrying on of a separate
industry, such as logging, that industry will not be subject to the Regulations for
Agricultural Operations. It will be subject to the Occupational Health and Safety
Regulation if it is an industry covered by Part 3 of the Act.

The Regulations for Agricultural Operations do not cover aquaculture (fish farming).
Aquaculture for this purpose includes both salt and fresh water aquaculture.
Aquaculture is an industry covered by the Occupational Health and Safety Regulation.

PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.


EFFECTIVE DATE:                 December 1, 2000
AUTHORITY:                      s. 2, Regulations for Agricultural Operations
CROSS REFERENCES:               See also s. 1, Regulations for Agricultural Operations, and B.C. Reg.
                                434/82
HISTORY:                        Replaces Policy No. 70.2 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. 70.2, as
                                they existed prior to the Effective Date, with any wording changes
                                necessary to reflect legislative and regulatory changes since Policy No.
                                70.2 was issued.


December 1, 2000                                                                          R28.2-1
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RE:     Agricultural Operations -                                        ITEM: R28.9-1
        Conditions of Places of Employment -
        Structures
              (Bridges and Culverts)




BACKGROUND

1.      Explanatory Notes

Section 9 of the Regulations for Agricultural Operations provides requirements for
bridges and culverts within the agricultural workplace.

2.      The Regulations

Section 9 of the Regulations for Agricultural Operations:

        Bridges and culverts under roadways within the agricultural workplace shall be

                   (a)   designed, constructed and maintained so as to safely support the
                         heaviest load expected to be imposed on them,
                   (b)   of sufficient width to permit equipment and machinery to cross
                         safely, and
                   (c)   provided, in the case of bridges, with bullrails not less than 25 cm
                         (10 in.) in height.


POLICY
Section 9(a) and (b) imposes the same general requirements for bridges and culverts
under roadways. Section 9(c) requires bullrails in the case of bridges.

A "bridge" is a structure of metal, wood, concrete or other similar material spanning an
excavation. A "culvert" exists where the excavation is simply filled in over a pipe or
tunnel.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.


EFFECTIVE DATE:                 December 1, 2000
AUTHORITY:                      s. 9, Regulations for Agricultural Operations

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CROSS REFERENCES:

HISTORY:            Replaces Policy No. 70.9 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. 70.9, as
                    they existed prior to the Effective Date, with any wording changes
                    necessary to reflect legislative and regulatory changes since Policy No.
                    70.9 was issued.




December 1, 2000                                                              R28.9-1
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RE:     Agricultural Operations -                                    ITEM: R28.13-1
        Conditions of Places of Employment -
        Excavations
              (Sloping, Shoring, Bracing)




BACKGROUND

1.      Explanatory Notes

Section 13 of the Regulations for Agricultural Operations sets out sloping, shoring and
bracing requirements for excavations within the agricultural workplace.

2.      The Regulations

Section 13 of the Regulations for Agricultural Operations:

        A worker shall not enter any excavation over 1.2 m (4ft.) in depth unless

              (a)      the sides of the excavation are sloped at a safe angle; that is, an angle
                       dependent on soil conditions which will provide a stable face, which in
                       no case exceeds 3 horizontal to 4 vertical, or
              (b)      the sides have been supported by the use of sheet piling or shoring
                       and bracing meeting standards acceptable to the board, or
              (c)      the workers are protected by other effective means.


POLICY
In section 13(a), "exceeds" means that the slope must not be steeper than 3 horizontal
to 4 vertical.

In section 13(b), the piling, shoring or bracing, whichever is used, must be acceptable to
the Board. This requirement is not limited to "bracing".

Under section 13(c), the following are "other effective means" of protecting workers:

        (1)         an appropriately sized manufactured shoring cage;

        (2)         the excavation is in accordance with the designs and instructions of a
                    professional engineer; or

        (3)         the design of the excavation is such that workers will not enter the area of
                    potential collapse of the face of the excavation.

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PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:          December 1, 2000
AUTHORITY:               s. 13, Regulations for Agricultural Operations
CROSS REFERENCES:
HISTORY:                 Replaces Policy No. 70.13 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. 70.13, as
                         they existed prior to the Effective Date, with any wording changes
                         necessary to reflect legislative and regulatory changes since Policy No.
                         70.13 was issued.




December 1, 2000                                                                  R28.13-1
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RE:     Agricultural Operations -                                ITEM: R28.25-1
        Pesticides -
        General Requirement
              (Labeling and Use)




BACKGROUND

1.      Explanatory Notes

Section 25 of the Regulations for Agricultural Operations sets out labeling and use
requirements for pesticides used in fields.

2.      The Regulations

Section 25 of the Regulations for Agricultural Operations:

        The employer shall ensure that pesticides for use in fields

                   (a)   have been registered and labeled by the manufacturer in
                         accordance with the Pest Control Products Act (Canada),
                   (b)   are used in accordance with the requirements stated on the label,
                         and
                   (c)   are used in accordance with good application practice.


POLICY
In considering what is "good application practice", the Board considers:

        •    Standard Practices for Pesticide Applicators published by the Workers'
             Compensation Board;

        •    Handbook for Pesticide Applicators and Dispensers published by the B.C.
             Ministry of Environment, Lands and Parks;

        •    the B.C. Pesticide Control Act and regulations made under it; and

        •    the Pest Control Products Act (Canada) and regulations made under it.




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PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:          December 1, 2000
AUTHORITY:               s. 25, Regulations for Agricultural Operations
CROSS REFERENCES:
HISTORY:                 Replaces Policy No. 70.25 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. 70.25, as
                         they existed prior to the Effective Date, with any wording changes
                         necessary to reflect legislative and regulatory changes since Policy No.
                         70.25 was issued.




December 1, 2000                                                                  R28.25-1
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RE:     Agricultural Operations -                                  ITEM: R28.26-1
        Pesticides -
        Mixing, Loading and Applying Pesticides
              (Qualifications of Workers)




BACKGROUND

1.      Explanatory Notes

Section 26 of the Regulations for Agricultural Operations sets out qualification
requirements for workers using pesticides.

2.      The Regulations

Section 26 of the Regulations for Agricultural Operations:

        The employer shall ensure that workers who mix, load or apply moderately or
        very toxic pesticides for use in fields or who clean or maintain equipment used in
        these operations

                   (a)   are over the age of 16, and
                   (b)   hold, after March 31, 1994, a valid applicator certificate issued
                         pursuant to the British Columbia Pesticide Control Act and the
                         Pesticide Control Act Regulation.


POLICY
The Pesticide Control Act Regulation requires an applicator certificate for the "purchase
and use" of certain listed "Permit-Restricted" and "Restricted" pesticides. A certificate is
not required for "Commercial", "Domestic", or "Exempted" pesticides. Section 26
requires an applicator certificate in the circumstances in which it applies even though a
certificate may not be required in those circumstances under the Pesticide Control Act
Regulation.

Section 26 applies to cleaning and maintenance of equipment as well as the actual
using of pesticides. This refers to cleaning and maintenance on the farm, not to
cleaning and maintenance done by a commercial repair shop.




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PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:          December 1, 2000
AUTHORITY:               s. 26, Regulations for Agricultural Operations
CROSS REFERENCES:        See also s. 1 (“slightly toxic, moderately toxic, or very toxic pesticide”),
                         Regulations for Agricultural Operations, Agricultural Operations –
                         Definitions – “Slightly Toxic, Moderately Toxic, or Very Toxic Pesticide”
                         (Item R28.1-1)
HISTORY:                 Replaces Policy No. 70.26, 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. 70.26, as
                         they existed prior to the Effective Date, with any wording changes
                         necessary to reflect legislative and regulatory changes since Policy No.
                         70.26 was issued.




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RE:     Agricultural Operations -                                  ITEM: R28.31-1
        Pesticides -
        Mixing, Loading and Applying Pesticides
              (Personal Protective Clothing and
              Equipment)




BACKGROUND

1.      Explanatory Notes

Section 31 of the Regulations for Agricultural Operations provides requirements relating
to personal protective clothing and equipment where workers mix, load and apply
pesticides.

2.      The Regulations

Section 31 of the Regulations for Agricultural Operations:

Where a worker mixes, loads or applies pesticides or where a worker cleans or
maintains contaminated equipment used in these activities, the employer shall ensure
that

                   (a)   the worker is provided with and wears suitable protective clothing
                         and equipment in accordance with regulations 66 to 100,
                   (b)   contaminated protective clothing and equipment is stored in a
                         secure place and not used until it is laundered or otherwise
                         cleaned,
                   (c)   all protective clothing and equipment is maintained in good
                         working order and in a sanitary condition, including respirators
                         which must be sanitized before being used by another worker,
                   (d)   at least one change of outer protective clothing for each worker is
                         available at the mixing and loading site,
                   (e)   shower facilities to wash effectively at the end of a work period are
                         provided, and
                   (f)   a sheltered place is provided where workers can change clothes
                         and store personal clothing while wearing protective clothing.




December 1, 2000                                                                  R28.31-1
                                                                                Page 1 of 2
                                                   PREVENTION MANUAL


POLICY
For purposes of section 31(f), a "sheltered place" is a weatherproof building, room,
vehicle or tent which has sufficient space for workers to privately change and to store
their clothes.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:            December 1, 2000
AUTHORITY:                 s. 31, Regulations for Agricultural Operations
CROSS REFERENCES:
HISTORY:                   Replaces Policy No. 70.31 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. 70.31, as
                           they existed prior to the Effective Date, with any wording changes
                           necessary to reflect legislative and regulatory changes since Policy No.
                           70.31 was issued.




December 1, 2000                                                                    R28.31-1
                                                                                  Page 2 of 2
                                                   PREVENTION MANUAL

RE:     Agricultural Operations -                               ITEM: R28.38-1
        Pesticides -
        Pesticide Application
              (Posting Warning Signs)




BACKGROUND
1.      Explanatory Notes

Section 38 of the Regulations for Agricultural Operations sets out requirements for
warning signs and secured entrances when certain pesticides are applied.

2.      The Regulations

Section 38 of the Regulations for Agricultural Operations:

Before any fumigants or other moderately or very toxic pesticides are applied, the
employer shall ensure that

                   (a)   warning signs acceptable to the Board are conspicuously posted at
                         normal points of worker entry, and
                   (b)   where pesticides are applied in an enclosed space all entrances
                         are secured to prevent unauthorized persons from entering.

POLICY
Section 38 applies to the application of all fumigants. The fumigant does not have to be
moderately or very toxic. Only in the case of pesticides other than fumigants must the
substance be moderately or very toxic.




December 1, 2000                                                              R28.38-1
                                                                            Page 1 of 2
                                                 PREVENTION MANUAL


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.


EFFECTIVE DATE:          December 1, 2000
AUTHORITY:               s. 38, Regulations for Agricultural Operations
CROSS REFERENCES:
HISTORY:                 Replaces Policy No. 70.38 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. 70.38, as
                         they existed prior to the Effective Date, with any wording changes
                         necessary to reflect legislative and regulatory changes since Policy No.
                         70.38 was issued.




December 1, 2000                                                                  R28.38-1
                                                                                Page 2 of 2
                                                    PREVENTION MANUAL

RE:     Agricultural Operations -                                 ITEM: R28.45-1
        Pesticides -
        Pesticide Application
              (Washing Facilities for Field Workers)




BACKGROUND

1.      Explanatory Notes

Section 45 of the Regulations for Agricultural Operations sets out requirements for the
provision of washing facilities for field workers who enter a field once the restricted entry
interval after the application of pesticides has expired.

2.      The Regulations

Section 45 of the Regulations for Agricultural Operations:

For workers who enter a field after the expiry of the restricted entry interval, the
employer shall ensure that

                   (a)   handwashing facilities are readily available to and are used by
                         workers, and
                   (b)   adequate facilities to shower and to wash clothes are available to
                         workers residing on the employer’s premises.


POLICY
There is no express time limit on the application of section 45 after the expiry of the
restricted entry interval. The Board considers that the provision applies for the period
necessary to ensure the health and safety of workers. A safe interval will usually be the
period ending with the completion of harvesting the crop in question.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.




December 1, 2000                                                                 R28.45-1
                                                                               Page 1 of 2
                                            PREVENTION MANUAL


EFFECTIVE DATE:     December 1, 2000
AUTHORITY:          s. 45, Regulations for Agricultural Operations
CROSS REFERENCES:
HISTORY:            Replaces Policy No. 70.45 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. 70.45, as
                    they existed prior to the Effective Date, with any wording changes
                    necessary to reflect legislative and regulatory changes since Policy No.
                    70.45 was issued.




December 1, 2000                                                             R28.45-1
                                                                           Page 2 of 2
                                                   PREVENTION MANUAL

RE:     Agricultural Operations -                                ITEM: R28.49-1
        Pesticides -
        Pesticide Application
              (Records)




BACKGROUND

1.      Explanatory Notes

Section 49 of the Regulations for Agricultural Operations requires the maintenance of
records containing certain information in relation to the application of pesticides.

2.      The Regulations

Section 49 of the Regulations for Agricultural Operations:

        The employer shall maintain a record of pesticide applications which includes the

                   (a)   type of crop treated,
                   (b)   number of acres or hectares of crop treated,
                   (c)   pesticides used,
                   (d)   rate of application,
                   (e)   location of the crop treated,
                   (f)   date and time at which the pesticide application was completed,
                         and
                   (g)   date on which workers were allowed to enter the field.

POLICY
Section 49 does not state how long the record must be kept. The record must therefore
be kept for a reasonable period. The Board considers that this means a minimum of 10
years.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.




December 1, 2000                                                               R28.49-1
                                                                             Page 1 of 2
                                            PREVENTION MANUAL


EFFECTIVE DATE:     December 1, 2000
AUTHORITY:          s. 49, Regulations for Agricultural Operations
CROSS REFERENCES:
HISTORY:            Replaces Policy No. 70.49 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. 70.49, as
                    they existed prior to the Effective Date, with any wording changes
                    necessary to reflect legislative and regulatory changes since Policy No.
                    70.49 was issued.




December 1, 2000                                                             R28.49-1
                                                                           Page 2 of 2
                                                    PREVENTION MANUAL

RE:     Agricultural Operations -                                 ITEM: R28.56/57/58-1
        Confined Spaces -
        Precautions Before Entry




BACKGROUND

1.      Explanatory Notes

Sections 56 – 58 of the Regulations for Agricultural Operations set out the precautions
to be taken before workers enter confined spaces.

2.      The Regulations

Section 56 of the Regulations for Agricultural Operations:

        Before a worker enters a confined space the employer shall ensure that piping
        which contains substances under pressure or other hazardous substances, and
        which leads into the space or is located so as to permit these substances to enter
        the space, is isolated from the space in accordance with the requirements of
        regulation 13.19 of the Industrial Health and Safety Regulations.

Section 57 of the Regulations for Agricultural Operations:

        A worker shall not enter a tank, silo, storage bin, pit or other confined space in
        which a harmful atmosphere exists or may develop until

        (a)        safe work procedures have been developed and the worker has been
                   instructed in these procedures, and
        (b)        steps have been taken, including testing, to ensure that no harmful
                   concentrations of gases or other contaminants are present in the air and
                   that the oxygen concentration is greater than 18% by volume.

Section 58 of the Regulations for Agricultural Operations:

Where tests made under regulation 57 indicate unsafe conditions, the confined space
shall be ventilated or cleaned or both and then retested to ensure that harmful
substances are at or below the levels stated in Appendix A of the Industrial Health and
Safety Regulations and that the oxygen concentration is greater than 18% by volume
before a worker enters the confined space.




December 1, 2000                                                            R28.56/57/58-1
                                                                               Page 1 of 2
                                                        PREVENTION MANUAL
Section 14 of the Regulations for Agricultural Operations:

        A worker shall not enter any bin, bunker, hopper, tank, pit or similar space where
        there is danger that material could collapse upon the worker, unless the worker
        wears a safety belt or harness that is attached to a lifeline tended by another
        worker equipped and capable of effecting rescue.


POLICY
Among the harmful substances that may be encountered in confined spaces in the
agricultural sector are:

             •     Carbon Monoxide;

             •     Hydrogen Sulfide;

             •     Methane;

             •     Nitrogen Dioxide; and

             •     Welding Fumes.

A complete listing of permitted exposures to air contaminants is found in Appendix A of
the Industrial Health and Safety Regulations.

Sections 56 to 58 are not exhaustive in terms of hazards presented by confined spaces.
Other provisions, such as section 14, also address confined space hazards.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.


EFFECTIVE DATE:                 December 1, 2000
AUTHORITY:                      ss. 56 – 58, Regulations for Agricultural Operations
CROSS REFERENCES:               See also Appendix A, Industrial Health and Safety Regulations, and
                                s. 14, Regulations for Agricultural Operations
HISTORY:                        Replaces Policy No. 70.56 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. 70.56, as
                                they existed prior to the Effective Date, with any wording changes
                                necessary to reflect legislative and regulatory changes since Policy No.
                                70.56 was issued.


December 1, 2000                                                                    R28.56/57/58-1
                                                                                       Page 2 of 2
                                                      PREVENTION MANUAL

RE:     Agricultural Operations -                       ITEM: R28.69-1
        Personal Protective Clothing and Equipment -
        General Requirements
              (Moving Machinery and Electrical Contact Hazards)




BACKGROUND

1.      Explanatory Notes

Section 69 of the Regulations for Agricultural Operations sets out restrictions on
clothing, jewelry and cranial and facial hair where there is a danger that workers may
come in contact with moving machinery or electrical hazards.

2.      The Regulations

Section 69 of the Regulations for Agricultural Operations:

        (1)        If there is a danger of contact with moving parts of machinery or with
                   electrically energized equipment, or if the work process is such that a
                   similar hazard exists,

                   (a)   the clothing of workers shall fit closely about the body,
                   (b)   workers shall not wear dangling neckwear, bracelets, wristwatches,
                         rings or similar articles, and
                   (c)   cranial and facial hair shall be confined, or worn at a length that will
                         prevent it from being snagged or caught in the work process.

        (2)        A medic-alert bracelet may be worn if the bracelet is used with a
                   transparent band that fits snugly over the bracelet.


POLICY
Section 69(1)(c) does not prohibit any particular hairstyle. Its purpose is to ensure that
long hair, which could be snagged in the work process, is confined or worn at a length
that will prevent snagging. The permitted length depends upon evaluation of the
hazards of the work process.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.

December 1, 2000                                                                    R28.69-1
                                                                                  Page 1 of 2
                                            PREVENTION MANUAL


EFFECTIVE DATE:     December 1, 2000
AUTHORITY:          s. 69, Regulations for Agricultural Operations
CROSS REFERENCES:
HISTORY:            Replaces Policy No. 70.69 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. 70.69, as
                    they existed prior to the Effective Date, with any wording changes
                    necessary to reflect legislative and regulatory changes since Policy No.
                    70.69 was issued.




December 1, 2000                                                             R28.69-1
                                                                           Page 2 of 2
                                                  PREVENTION MANUAL

RE:     Agricultural Operations -                              ITEM: R28.74-1
        Personal Protective Clothing and Equipment -
        Leg Protection
              (Chain Saw Operation)




BACKGROUND

1.      Explanatory Notes

Section 74 of the Regulations for Agricultural Operations sets out the requirements for
the leg protective devices that must be worn by a worker regularly operating a chain
saw where the hazard of leg injury exists.

2.      The Regulations

Section 74 of the Regulations for Agricultural Operations:

A worker, when regularly operating a chain saw in circumstances where a hazard of
leg injury exists, shall wear leg protective devices meeting the requirements of

                   (a)   CAN/BNQ 1923-450-M91, Leg Protective Device for Chain Saw
                         Users, or
                   (b)   WCB Standard, Leg Protection for Chain Saw Users (WCB PPE
                         14.1), or
                   (c)   American Pulpwood Association Standard, Leg Protection for Chain
                         Saw Users, June 1992, or
                   (d)   other standard acceptable to the Board.


POLICY
"Regularly" operating a chainsaw means that leg protection devices need not be worn
for short duration tasks (less than 15 minutes). They must be worn for longer duration
tasks even though the saw may be intermittently shut off.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.




December 1, 2000                                                             R28.74-1
                                                                           Page 1 of 2
                                            PREVENTION MANUAL


EFFECTIVE DATE:     December 1, 2000
AUTHORITY:          s. 74, Regulations for Agricultural Operations
CROSS REFERENCES:
HISTORY:            Replaces Policy No. 70.74 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. 70.74, as
                    they existed prior to the Effective Date, with any wording changes
                    necessary to reflect legislative and regulatory changes since Policy No.
                    70.74 was issued.




December 1, 2000                                                             R28.74-1
                                                                           Page 2 of 2
                                                    PREVENTION MANUAL

RE:     Agricultural Operations -                                    ITEM: R28.75-1
        Personal Protective Clothing and Equipment -
        Safety Headgear
              (Where Required)




BACKGROUND

1.      Explanatory Notes

Section 75 of the Regulations for Agricultural Operations sets out the circumstances in
which safety headgear must be worn.

2.      The Regulations

Section 75 of the Regulations for Agricultural Operations:

Safety headgear shall be worn by workers in all work areas in which a potential hazard
to the head exists from falling, flying or thrown objects, or from other harmful contacts.


POLICY
The replacement of headgear every five years and headgear suspension annually is
recommended safe practice.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:             December 1, 2000
AUTHORITY:                  s. 75, Regulations for Agricultural Operations
CROSS REFERENCES:
HISTORY:                    Replaces Policy No. 70.75 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. 70.75, as
                            they existed prior to the Effective Date, with any wording changes
                            necessary to reflect legislative and regulatory changes since Policy No.
                            70.75 was issued.



December 1, 2000                                                                     R28.75-1
                                                                                   Page 1 of 1
                                                      PREVENTION MANUAL

RE:     Agricultural Operations -                                   ITEM: R28.92-1
        Personal Protective Clothing and Equipment -
        Respiratory Protection
              (Air Purity)




BACKGROUND

1.      Explanatory Notes

Section 92 of the Regulations for Agricultural Operations sets out requirements for air
purity when mechanical ventilation devices or self-contained breathing apparatus are
used.

2.      The Regulations

Section 92 of the Regulations for Agricultural Operations:

        (1)        The employer shall ensure that respirable air supplied by mechanical
                   ventilation devices is free of dust, oil vapours and toxic or noxious fumes
                   and gases.

        (2)        Compressed air used for breathing purposes in self-contained breathing
                   apparatus shall meet the requirements of Canadian Standards Association
                   Standard 3-Z180.1, Purity of Compressed Air for Breathing Purposes or
                   other standard acceptable to the Board.


POLICY
Section 92(1) does not mean that air which is totally "free of dust...etc." must be
supplied. This would be impracticable. It is sufficient if the substances in the air do not
exceed the permissible concentrations contained in Appendix A of the Industrial Health
and Safety Regulations.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.




December 1, 2000                                                                   R28.92-1
                                                                                 Page 1 of 2
                                            PREVENTION MANUAL



EFFECTIVE DATE:     December 1, 2000
AUTHORITY:          s. 92, Regulations for Agricultural Operations
CROSS REFERENCES:
HISTORY:            Replaces Policy No. 70.92 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. 70.92, as
                    they existed prior to the Effective Date, with any wording changes
                    necessary to reflect legislative and regulatory changes since Policy No.
                    70.92 was issued.




December 1, 2000                                                             R28.92-1
                                                                           Page 2 of 2
                                                    PREVENTION MANUAL

RE:     Agricultural Operations -                                ITEM: R28.100-1
        Personal Protective Clothing and Equipment -
        Buoyancy Equipment
              (When Required)




BACKGROUND

1.      Explanatory Notes

Section 100 of the Regulations for Agricultural Operations sets out requirements for
personal flotation devices when a worker is employed under conditions that involve a
risk of drowning.

2.      The Regulations

Section 100 of the Regulations for Agricultural Operations:

A worker employed under conditions which involve a risk of drowning shall wear a
personal flotation device that

                   (a)   has a buoyant effect sufficient to keep the worker’s head above
                         water,
                   (b)   does not require manual manipulation to produce the buoyant
                         effect, and
                   (c)   meets standards acceptable to the Board.


POLICY
“Standards acceptable to the Board” for purposes of section 100(c) are:

        (a)        Canadian Government Specifications Board Standard 65-GP-11 for
                   Personal Flotation Devices, Type 1 (Inherently Buoyant); or

        (b)        Canadian Government Specifications Board Standard 65-GP-7 for Life
                   Jackets (Inherently Buoyant).


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.


December 1, 2000                                                               R28.100-1
                                                                              Page 1 of 2
                                            PREVENTION MANUAL



EFFECTIVE DATE:     December 1, 2000
AUTHORITY:          s. 100, Regulations for Agricultural Operations
CROSS REFERENCES:
HISTORY:            Replaces Policy No. 70.100 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. 70.100, as
                    they existed prior to the Effective Date, with any wording changes
                    necessary to reflect legislative and regulatory changes since Policy No.
                    70.100 was issued.




December 1, 2000                                                            R28.100-1
                                                                           Page 2 of 2
                                                     PREVENTION MANUAL

RE:     Agricultural Operations -                                   ITEM: R28.106-1
        Tools, Machinery and Equipment -
        Agricultural Tractors
              (ROPS)




BACKGROUND

1.      Explanatory Notes

Section 106 of the Regulations for Agricultural Operations sets out the requirements for
rollover protective structures (ROPS) for agricultural tractors manufactured after
January 1, 1985.

2.      The Regulations

Section 106 of the Regulations for Agricultural Operations:

        (1)        Agricultural tractors manufactured after January 1, 1985 shall be equipped
                   with ROPS designed, fabricated and attached in accordance with the
                   standards identified in regulation 107.

        (2)        A period of time for installation and retrofit of ROPS required under clause
                   (1) is provided as follows:

                   (a)   tractors purchased after December 31, 1993 must be equipped with
                         ROPS before being placed in service;
                   (b)   all other tractors must be fitted with ROPS no later than December
                         31, 1996.

        (3)        Tractors meeting the following criteria are exempt from the requirement for
                   ROPS:

                   (a)   low profile tractors used in agricultural situations where there is low
                         overhead clearance, such as in orchards, hop yards and in farm
                         buildings and green houses where overhead clearance is not
                         adequate to allow a ROPS equipped tractor to operate, and while
                         their use is incidental to the work therein;
                   (b)   agricultural tractors fitted with implements incompatible with the
                         ROPS.




December 1, 2000                                                                  R28.106-1
                                                                                 Page 1 of 2
                                                   PREVENTION MANUAL


Regulation 8.16 of the Industrial Health and Safety Regulations:

No person shall intentionally remove, impair, or render ineffective any safeguard
provided for the protection of workers.


POLICY
Section 106(1) of the Regulations for Agricultural Operations establishes a basic rule
that tractors manufactured after January 1,1985, must be equipped with ROPS.
However, this provision is subject to section 106(2) which, except for tractors
"purchased after December 31, 1993", allows until December 31, 1996, for ROPS to be
fitted. Section 106(3) sets out some exemptions from the requirement for ROPS.

In section 106(2)(a), "purchased" is not limited to purchases of new tractors or from
commercial vendors.

Where a tractor is purchased with ROPS, the ROPS cannot be removed even though
the purchase occurs prior to December 31, 1993, unless the tractor is exempt under
section 106(3). Regulation 8.16 of the Industrial Health and Safety Regulations applies.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:            December 1, 2000
AUTHORITY:                 s. 106, Regulations for Agricultural Operations
CROSS REFERENCES:          See also Reg. 8.16, Industrial Health and Safety Regulations
HISTORY:                   Replaces Policy No. 70.106 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. 70.106, as
                           they existed prior to the Effective Date, with any wording changes
                           necessary to reflect legislative and regulatory changes since Policy No.
                           70.106 was issued.




December 1, 2000                                                                   R28.106-1
                                                                                  Page 2 of 2
                                                     PREVENTION MANUAL

RE:     Agricultural Operations -                           ITEM: R28.108/109/110/111-1
        Tools, Machinery and Equipment -
        Agricultural Tractors
              (Certification of ROPS)




BACKGROUND

1.      Explanatory Notes

Section 108 – 111 of the Regulations for Agricultural Operations set out requirements
for certification of ROPS by professional engineers.

2.      The Regulations

Section 108 of the Regulations for Agricultural Operations:

        (1)        ROPS manufactured and installed in accordance with the requirements of
                   regulations 106 and 107 shall be certified by a professional engineer.

        (2)        When non-ROPS canopies are modified to meet the requirements of
                   regulations 106 and 107, these structures shall be certified by a
                   professional engineer.

Section 109 of the Regulations for Agricultural Operations:

Damaged or deteriorated ROPS shall be replaced by an acceptable ROPS except
when recertified under regulation 110.

Section 110 of the Regulations for Agricultural Operations:

        (1)        A professional engineer may recertify a damaged or deteriorated ROPS if,
                   in the engineer’s opinion, the integrity of the ROPS has not been impaired.

        (2)        All ROPS which are recertified under the provisions of clause (1) shall be
                   permanently identified as required by regulation 112.

Section 111 of the Regulations for Agricultural Operations:

For purposes of regulations 108 to 110, a ROPS manufacturer or representative may
certify or recertify a ROPS provided the manufacturer or representative has a
professional engineer on staff or on retainer to authorize the certification or
recertification.



December 1, 2000                                                       R28.108/109/110/111-1
                                                                                 Page 1 of 2
                                                    PREVENTION MANUAL



POLICY
As a result of section 111, the certificate of a manufacturer or representative who is a
Professional Engineer meets by itself the requirements of sections 108 to 110. Where
the manufacturer or representative is not an engineer, the employer must obtain
confirmation of the certificate from an engineer employed by the manufacturer or
representative. If this confirmation cannot be obtained, a certificate must be obtained
from another Professional Engineer.

A Board officer may prescribe a period for obtaining a certificate and, where necessary,
confirmation of a certificate, not exceeding three months. Otherwise, the employer must
obtain a certificate and confirmation within three months of the obligation to obtain
certification first arising. A written request for an extension of the time for obtaining the
certificate and confirmation may be made to the officer’s director.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:             December 1, 2000
AUTHORITY:                  ss. 108 – 111, Regulations for Agricultural Operations
CROSS REFERENCES:
HISTORY:                    Replaces Policy No. 70.111 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. 70.111, as
                            they existed prior to the Effective Date, with any wording changes
                            necessary to reflect legislative and regulatory changes since Policy No.
                            70.111 was issued.




December 1, 2000                                                          R28.108/109/110/111-1
                                                                                    Page 2 of 2
                                                    PREVENTION MANUAL

RE:     Agricultural Operations -                                 ITEM: R28.115-1
        Tools, Machinery and Equipment -
        Agricultural Tractors
              (Seat Belts)




BACKGROUND

1.      Explanatory Notes

Section 115 of the Regulations for Agricultural Operations requires vehicles fitted with
rollover protective structures (ROPS) to have seat belts.

2.      The Regulations

Section 115 of the Regulations for Agricultural Operations:

        (1)        All mobile equipment which has been fitted with ROPS shall have
                   seat belts which meet the requirements of SAE Recommended Practice
                   J386, Seat-Belts for Construction Equipment or other standards
                   acceptable to the Board.

        (2)        Seat belts shall

                   (a)    have a minimum webbing width of 50 mm (2 inches),
                   (b)    be maintained in good condition, and
                   (c)    be used whenever the equipment is in motion, or in operations
                          which could cause the equipment to become unstable.

        (3)        Alternative proposals designed to provide equivalent protection and
                   operator comfort may be submitted to the Board for consideration.


POLICY
The Board recommends that seat belts be replaced not later than five years following
the year of first installation.

Failure to install or use seat belts is one of the high risk practices listed in Item
D12-196-2 that leads to the consideration of administrative penalties.




December 1, 2000                                                                 R28.115-1
                                                                                Page 1 of 2
                                                 PREVENTION MANUAL



PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:          December 1, 2000
AUTHORITY:               s. 115, Regulations for Agricultural Operations
CROSS REFERENCES:        Administrative Penalties – High Risk Violations (Item D12-196-2)
HISTORY:                 Replaces Policy No. 70.115 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. 70.115, as
                         they existed prior to the Effective Date, with any wording changes
                         necessary to reflect legislative and regulatory changes since Policy No.
                         70.115 was issued.




December 1, 2000                                                                 R28.115-1
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                                                        PREVENTION MANUAL

RE:     Agricultural Operations -                                        ITEM: R28.153-1
        Tools, Machinery and Equipment -
        Welding and Cutting
              (Shielding and Ventilation)




BACKGROUND

1.      Explanatory Notes

Section 153 of the Regulations for Agricultural Operations sets out shielding and
ventilation requirements in areas where arc welding is being done.


2.      The Regulations

Section 153 of the Regulations for Agricultural Operations:

        (1)        An area in which arc welding is being done shall, when practicable, be
                   screened or barricaded to protect workers from arc flash and be provided
                   with adequate ventilation.

        (2)        If the welding process cannot be isolated, all persons who may be
                   exposed to the hazard of arc flash shall wear protective eyewear that meet
                   standards acceptable to the Board.


POLICY
Twelve metres is the recommended minimum distance from which the electric arc
should be seen by the naked eye.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:                 December 1, 2000
AUTHORITY:                      s. 153, Regulations for Agricultural Operations
CROSS REFERENCES:
HISTORY:                        Replaces Policy No. 70.153 of the Prevention Division Policy and
                                Procedure Manual


December 1, 2000                                                                       R28.153-1
                                                                                      Page 1 of 2
                                           PREVENTION 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. 70.153, as
                   they existed prior to the Effective Date, with any wording changes
                   necessary to reflect legislative and regulatory changes since Policy No.
                   70.153 was issued.




December 1, 2000                                                           R28.153-1
                                                                          Page 2 of 2
                                                     PREVENTION MANUAL

RE:     Agricultural Operations                                       ITEM: R28.154-1
        Tools, Machinery and Equipment -
        Welding and Cutting
              (Fire Extinguisher)




BACKGROUND

1.      Explanatory Notes

Section 154 of the Regulations for Agricultural Operations requires at least one fire
extinguisher in certain situations.

2.      The Regulations

Section 154 of the Regulations for Agricultural Operations:

        At least one fire extinguisher shall be available at the location where welding or
        burning is done.


POLICY
"Fire extinguisher" does not necessarily mean a commercially manufactured
extinguisher. It might include any appropriate device capable of extinguishing the type
of fire that is likely to result from the circumstances in which the welding is being done.
It might, for instance, include a water hose in certain situations.

PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.


EFFECTIVE DATE:              December 1, 2000
AUTHORITY:                   s. 154, Regulations for Agricultural Operations
CROSS REFERENCES:
HISTORY:                     Replaces Policy No. 70.154 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. 70.154, as
                             they existed prior to the Effective Date, with any wording changes
                             necessary to reflect legislative and regulatory changes since Policy No.
                             70.154 was issued.



December 1, 2000                                                                     R28.154-1
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                                                    PREVENTION MANUAL

RE:     Agricultural Operations -                                 ITEM: R28.156-1
        Tools, Machinery and Equipment -
        Welding and Cutting
              (Protective Clothing and Equipment)




BACKGROUND

1.      Explanatory Notes

Section 156 of the Regulations for Agricultural Operations sets out the protective
clothing and equipment requirements for workers who carry out welding or burning
operations.


2.      The Regulations

Section 156 of the Regulations for Agricultural Operations:

        Workers who carry out welding or burning operations shall wear

                   (a)   flame retardant clothing,
                   (b)   leather gauntlet type gloves and arm protection,
                   (c)   an apron of leather or other suitable material for heavy work,
                   (d)   eye and face protection while chipping or grinding welds and for
                         protection against harmful radiation and particles of molten metal,
                         and
                   (e)   substantial safety footwear, made of leather or other equally firm
                         material.


POLICY
Work clothing made of polyester, acetate, nylon or acrylic fibres or mixtures of these
with cotton or wool should not be used. These are moderately flammable and will melt
while burning, causing deep and extensive burns to the skin. Preferred work clothing
should be made of flame retardant treated cotton, wool or other inherently flame
retardant material. The fabric should have a smooth, tightly woven finish.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.

December 1, 2000                                                                R28.156-1
                                                                               Page 1 of 2
                                            PREVENTION MANUAL



EFFECTIVE DATE:     December 1, 2000
AUTHORITY:          s. 156, Regulations for Agricultural Operations
CROSS REFERENCES:
HISTORY:            Replaces Policy No. 70.156 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. 70.156, as
                    they existed prior to the Effective Date, with any wording changes
                    necessary to reflect legislative and regulatory changes since Policy No.
                    70.156 was issued.




December 1, 2000                                                            R28.156-1
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                                          PART 29

                                   AIRCRAFT OPERATIONS




Part 29 of the Occupational Health and Safety Regulation sets out requirements relating
to:

         •     general matters;
         •     forestry operations; and
         •     pesticide application.

There are no Items for Part 29.




July 1, 2000
                                                      PREVENTION MANUAL




                                           PART 30

                                       LABORATORIES




Part 30 of the Occupational Health and Safety Regulation sets out requirements relating
to:

          •     general matters; and
          •     specific substances and procedures.




April 1, 2001
                                                  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)   Controls for the operation of a fume hood and its services must be
                located outside the fume hood and must be immediately accessible
                to the laboratory worker, except that water taps may be located
                inside the cabinet if the main shutoff valve is in a safe location
                outside the cabinet.

          (2)   A fume hood must be connected to a local exhaust ventilation
                system which will provide minimum air velocities over the
                operational face area of the hood of

                      (a)     an average of 0.5 m/s (100 fpm) but not less than 0.4
                              m/s (80 fpm) at any point across the face, and
                      (b)     an average of 0.75 m/s (150 fpm) but not less than
                              0.65 m/s (125 fpm) at any point across the face if the
                              fume hood is used for carcinogenic substances listed
                              in Table 5-4 in Part 5 (Chemical and Biological
                              Substances), or for radioactive materials.

          (3)   A fume hood must be located to prevent cross drafts or other
                disruptive forces from lowering the air flow across the operational
                face to unacceptable levels.

          (4)   A fume hood and its ductwork must be constructed from materials
                compatible with its use.

          (5)   A fume hood must be clearly labelled with any restrictions on use
                that apply to it.


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          (6)   A fume hood must not be used for storage of chemicals unless it is
                used exclusively for this purpose and is labelled with this limitation.

Section 30.9:

          (1)   Air velocities over the operational face area of a fume hood must be
                measured and recorded at least annually and after any repair or
                maintenance which could affect the air flows.

          (2)   Airflow in a fume hood used for very toxic or radioactive materials
                must be monitored continuously if there is risk to workers in the
                event of loss of airflow.

          (3)   A fume hood with an adjustable sash must be marked to identify
                the maximum height the sash may be set at and still maintain the
                required air flows.


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 30.9(3). 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.




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                                                    PREVENTION MANUAL

It is desirable, but not mandatory, that fume hoods have a warning or alarm
device which notifies the user of the fume hood of inadequate ventilation system
performance.

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).


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.



EFFECTIVE DATE:            April 1, 2001
AUTHORITY:                 ss. 30.8 and 30.9, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:                   Replaces Policy No. 76.05 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. 76.05, as they existed prior to the Effective Date, with
                           any wording changes necessary to reflect legislative and
                           regulatory changes since Policy No. 76.05 was issued.




April 1, 2001                                                                           R30.8-1
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                                            PART 31

                                         FIREFIGHTING




Part 31 of the Occupational Health and Safety Regulation sets out requirements relating
to:

          •     general matters;
          •     personal protective clothing and equipment;
          •     respiratory protection;
          •     transportation;
          •     aerial devices and ground ladders; and
          •     other equipment.




April 1, 2001
                                                           PREVENTION MANUAL

RE:       Firefighting -                                            ITEM: R31.10-1
          Personal Protective Clothing and Equipment -
          General Requirement
             (Volunteer Firefighters)




BACKGROUND

1.        Explanatory Notes

Section 31.10 sets out the general requirement for personal protective clothing
and equipment for firefighters.

2.        The Regulation

Section 31.10:

          Firefighters must wear personal protective clothing and equipment
          appropriate to the hazards to which they may be exposed.


POLICY

The Board cannot determine in all instances what hazards volunteer firefighters
are likely to encounter. The employer in consultation with the chief of the
department is in the best position to make this determination.

Section 31.10 requires that the employer make a decision as to what personal
protective clothing and equipment are required. Other sections set out the
standards for the clothing and equipment.

There will be instances where some volunteer fire departments will experience
difficulties in meeting the requirements of Part 31 for personal protective clothing
and equipment.

The following guidelines may be used by the fire chief of a volunteer fire
department when this occurs:

          •     assess the hazards the volunteer firefighters are likely to encounter in
                their operational area;

          •     decide on the minimum clothing and equipment required to protect the
                volunteer firefighters in the various situations; and



April 1, 2001                                                                      R31.10-1
                                                                                 Page 1 of 2
                                                                PREVENTION MANUAL

          •     develop operating policies and procedures that limit firefighting
                activities to those for which appropriate protective clothing and
                equipment are available.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s Guidelines available on the WCB website.


EFFECTIVE DATE:                  April 1, 2001
AUTHORITY:                       s.31.10, Occupational Health and Safety Regulation
CROSS REFERENCES:
HISTORY:                         Replaces Policy No. 68.04 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. 68.04, as they existed prior to the Effective Date, with
                                 any wording changes necessary to reflect legislative and
                                 regulatory changes since Policy No. 68.04 was issued.




April 1, 2001                                                                                R31.10-1
                                                                                           Page 2 of 2
                                                   PREVENTION MANUAL




                                      PART 32

                            EVACUATION AND RESCUE




Part 32 of the Occupational Health and Safety Regulation sets out various matters
relating to evacuation and rescue.

There are no Items for Part 32.




July 1, 2000
                                                           PREVENTION MANUAL




                                              PART 33

                                  OCCUPATIONAL FIRST AID




Part 33 of the Occupational Health and Safety Regulation sets out requirements relating
to:

         •    general matters;
         •    specific workplaces;
         •    first aid attendants;
         •    transportation of injured workers;
         •    certification of first aid attendants; and
         •    instructors and training agencies.




October 1, 2000
                                                          PREVENTION MANUAL

RE:      Occupational First Aid -                                  ITEM: R33.2-1
         General Requirements -
         Basic Requirements




BACKGROUND

1.       Explanatory Notes

The following purpose statement precedes the regulatory provisions in Part 33:

                                                  PURPOSE

         The purpose of first aid is to provide workers with prompt, easily accessible and
         appropriate first aid treatment and to keep a record of each treatment.

         The role of the first aid attendant is to:

                  •   promptly provide workers with a level of care within the scope of the
                      attendant's training and this Part,

                  •   positively affect the outcome of work-related illnesses and injuries that occur
                      on the job,

                  •   objectively record observed or reported signs and symptoms of injuries and
                      illnesses, and

                  •   refer to medical attention injuries and illnesses recognized as being serious
                      or beyond the scope of the attendant's training.

Section 33.2(3) states that "first aid must be provided and maintained according to
Schedules 1 to 7, unless the requirements of this Part specify otherwise." Schedules 1 to 7
set out the requirements for equipment, facilities and first aid attendants for workplaces
depending on the number of workers on shift, the hazard classification of the workplace and
its distance from a hospital.

This policy sets out various principles that apply in determining whether first aid service
requirements have been met.




October 1, 2000                                                                    R33.2-1
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                                                          PREVENTION MANUAL


2.        The Regulation

Section 33.2(1), (2) and (3):

          (1)     The first aid equipment, supplies, facilities and services specified by this Part
                  are the minimum an employer must supply and make readily accessible to
                  workers during working hours.

          (2)     First aid equipment, supplies and facilities must be kept clean, dry and ready for
                  use.

          (3)     First aid must be provided and maintained according to Schedules 1 to 7,
                  unless the requirements of this Part specify otherwise.


POLICY
(a)       First aid services must be promptly applied

The provision of equipment, facilities or attendants will not by itself achieve the purpose of
first aid.

In order to provide effective treatment, the equipment, facilities and attendant must be
accessible and be brought to bear on the worker as soon as practicable after the injury or
disease in accordance with practices and standards found in the attendants' training
program. Several sections of Part 33 promote this object, including:

      •   section 33.2(1) - requires that first aid service be "readily accessible to workers
          during working hours";

      •   section 33.5(1) - requires “an effective means of communication” for summoning first
          aid;

      •   section 33.8(1)(a) - states that a dressing station or first aid room must "be located as
          near as practicable to the work area or areas it is to serve";

      •   section 33.26(2) - prevents the attendant from engaging in activities that will interfere
          with the provision of first aid and requires the "prompt" rendering of first aid; and

      •   section 33.30(2)(a) - states that an emergency transportation vehicle and an
          industrial ambulance must be "immediately available and ready for use".




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                                                           PREVENTION MANUAL


The following principles apply in determining whether the first aid service has been
properly provided:
   • An attendant must actually be present in the area served, during all working hours.
       This includes periods such as lunch or coffee breaks when workers are on shift and
       on the worksite but not actually working.

      •   The attendant, equipment and facilities must be ready to receive the injured worker
          or to depart to where the worker is situated without delay, usually within 3 to 5
          minutes of being summoned.

      •   If the location of the central first aid service is within 10 minutes walking time for all
          workers in a workplace or allows the attendant to reach injured workers within 10
          minutes to render first aid, the Board will accept that the service is "readily
          accessible to workers". Where some workers are located more than 10 minutes
          walking distance from central first aid and the attendant will be unable to reach
          them within 10 minutes, the Board may, having regard to practicality, require
          relocation of the service so that all or a greater number of workers are within the 10
          minute distance.

          A worker should not normally have to use a vehicle to access first aid. However,
          where the attendant has a vehicle available, up to 20 minutes normal travel by
          vehicle may be acceptable in some situations.

          Where any workers are located more than 20 minutes "surface travel time" from the
          central first aid, additional first aid must be provided.

(b)       Must first aid services be located at the "workplace"?

Part 33 as a whole indicates that the levels of first aid service are normally determined by
reference to each "workplace". "Workplace" is defined in section 106 of the Act to mean "any
place where a worker is or is likely to be engaged in any work and includes any vessel, vehicle or
mobile equipment used by a worker in work".

Some sections of Part 33 require particular items of first aid service to be located in the
"workplace", including:

          •   section 33.3(1) - requires that notices be posted "throughout the workplace"
              showing workers the location of and how to call for first aid; and

          •   section 33.6(1) - requires the employer to maintain "at the workplace" a record
              of all injuries and manifestations of disease reported or treated.




October 1, 2000                                                                      R33.2-1
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Part 33 does not specifically require that all first aid services be physically located at the
"workplace". However, first aid services that are located away from the workplace may
not comply with the accessibility requirements.

Section 33.21 addresses the situation where an employer carries on business at more than
one location and when each location has to provide its own first aid service.

(c)       Agreement with other person to provide first aid

An employer may provide first aid services in the workplace directly or agree with another
person to provide those services. A group of employers with adjacent workplaces, such as
in a shopping mall, may agree to set up a joint service.

Where the first aid service is provided by agreement with another person or persons, the
following applies:

      •   The service must meet the requirements as to hazard classification, distance from
          hospital and number of workers per shift of each workplace using it.

      •   In considering the accessibility of the service, the demands on it by all workplaces
          using it must be considered. The workers per shift used to determine the level of
          service is the total number of workers in all these workplaces. Regard must be had
          to any use of the service by members of the public visiting these workplaces.

      •   The need to provide prompt first aid and to comply with the accessibility
          requirements must be considered in determining the location of the service. It must
          be considered whether any workplaces are likely to create greater hazards and
          therefore more use of the service.

      •   The level and location of the service must allow for any restrictions on access that
          may occur at peak work periods.

      •   Each employer participating in the service must separately comply with the
          obligation in section 33.6 to maintain records of all injuries and manifestations of
          disease at their workplace. The service may also keep central records.

      •   The service and each employer must restrict access to any first aid records to the
          persons authorized by section 33.7(1). Any person who has access to the records
          must under section 33.7(3) keep them confidential except as required for the
          legitimate purpose of their access.

      •   The employer retains full legal responsibility for providing all the first aid services
          required by Part 33 for the workplace. If the service does not meet an obligation
          imposed on the employer, the employer, not the person agreeing to supply the
          service, will be held liable by the Board.



October 1, 2000                                                                      R33.2-1
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                                                          PREVENTION MANUAL

(d)      Backup for absent first aid attendant

Part 33 does not specifically require additional attendants beyond those specified in
Schedule 1 to allow for the possibility of an attendant being absent from the workplace at a
future time.

Absences from the workplace by first aid attendants may be planned (such as vacations or
medical appointments) or unplanned (such as travelling with an injured worker to hospital
or sickness). Since it is foreseeable that planned and unplanned absences will occur, the
employer will be expected to have a procedure for dealing with them.

For planned absences that result in less than the required number of attendants, the
employer must have a substitute first aid attendant available as soon as the absence
commences. With regard to unplanned absences, the Board accepts that an absence of
up to approximately half a shift could occur before the replacement attendant is in place.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention Division’s
OHS Guidelines available on the WCB website.



EFFECTIVE DATE:             October 1, 2000
AUTHORITY:                  s.33.2, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                    Replaces Policy No. 80.2.1 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. 80.2.1, as they existed prior to the
                            Effective Date, with any wording changes necessary to reflect legislative and
                            regulatory changes since Policy No. 80.2.1 was issued.




October 1, 2000                                                                        R33.2-1
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                                                         PREVENTION MANUAL

RE:      Occupational First Aid -                                 ITEM: R33.2-2
         General Requirements -
         Distance from First Aid Services




BACKGROUND

1.       Explanatory Notes

Several sections of Part 33 are concerned with workers who work more than 20 minutes
surface travel time from the central first aid service and the first aid requirements that apply in
such situations.

2.       The Regulation

Section 33.2(4):

         A worker who is assigned to work alone, more than 20 minutes surface travel time
         from first aid supplied by the employer, must be provided with a personal first aid kit,
         as specified in Schedule 2.

Section 33.21:

A work location with 2 or more workers, that is more than 20 minutes surface travel time
from central first aid, is considered a separate workplace and must have first aid provided as
required by section 33.2(3).

Section 33.22:

         (1)      A worker assigned to work alone in a vehicle must be provided with a personal
                  first aid kit when required by section 33.2(4).

         (2)      A conveyance which transports 2 or more workers during the work shift,
                  operating more than 20 minutes surface travel time from central first aid, must
                  have first aid provided according to Table 5 or 6 in Schedule 1, and for the
                  purpose of the application of Schedule 1, the number of workers in the
                  conveyance is the number of workers per shift.




October 1, 2000                                                                   R33.2-2
                                                                               Page 1 of 3
                                                            PREVENTION MANUAL


         (3)      A conveyance which transports workers to or from a workplace, before or after
                  a work shift, must have a first aid kit as follows:


                                  Seating capacity
                                                                 Size of kit
                                  (including driver)
                            1 worker                           Personal kit
                            2 to 6 workers                     Basic kit
                            7 or more workers                  Level 1 kit


POLICY
The general effect of sections 33.2(4), 33.21 and 33.22 is that workers located or travelling
within 20 minutes of the central first aid services provided by the employer are not required to
have additional first aid equipment for themselves. If a worker is not within 20 minutes of the
central service, additional services must be provided for that worker.

With regard to journeys to or from the place of work before and after a work shift, section
33.22(3) provides for additional first aid services, whether the journey is more or less than 20
minutes away. This section only applies where the employer provides the vehicle for the
specific purpose of the journey. It therefore covers the situation where an employer provides
a bus or crummy, but not the use of personal vehicles or public transportation to commute to
and from work.

If a journey in a personal vehicle is part of the worker's employment, additional first aid
services are required only if the journey is more than 20 minutes from the central first aid
services.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention Division’s
OHS Guidelines available on the WCB website.



EFFECTIVE DATE:                October 1, 2000
AUTHORITY:                     ss.33.2, 33.21, and 33.22, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                       Replaces Policy No. 80.2.4 of the Prevention Division Policy and Procedure
                               Manual




October 1, 2000                                                                         R33.2-2
                                                                                     Page 2 of 3
                                                PREVENTION 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. 80.2.4, as they existed prior to the
                  Effective Date, with any wording changes necessary to reflect legislative and
                  regulatory changes since Policy No. 80.2.4 was issued.




October 1, 2000                                                              R33.2-2
                                                                          Page 3 of 3
                                                         PREVENTION MANUAL

RE:      Occupational First Aid -                                 ITEM: R33.5-1
         General Requirements for First Aid -
         Communication and Availability




BACKGROUND

1.       Explanatory Notes

Section 33.5 requires that there be an effective means of communication for the
first aid attendant.

2.       The Regulation

Section 33.5(1) and (2):

         (1)      There must be an effective means of communication between the
                  attendant and the work areas served.

         (2)      There must be an effective means for the attendant to call for
                  additional assistance.


POLICY

The requirement in section 33.5(1) for an "effective means of communication" is
met when workers throughout the workplace know how to activate the system
that will alert the first aid attendant that service is required. That system could
consist of a whistle, siren, series of lights, pager, two way radios or portable
phone that the first aid attendant would see or hear, and that would enable the
first aid attendant to know where to respond.

"Additional assistance" in section 33.5(2) may mean assistance from other
workers or from the B.C. Ambulance Service.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.




October 1, 2000                                                                  R33.5-1
                                                                              Page 1 of 2
                                                   PREVENTION MANUAL


EFFECTIVE DATE:     October 1, 2000
AUTHORITY:          s.33.5, Occupational Health & Safety Regulation
CROSS REFERENCES:   See also s.33.26, Occupational Health & Safety Regulation, and
                    First Aid Attendants – Availability of the Attendant
                    (Item R33.26-1)
HISTORY:            Replaces Policy No. 80.5.1 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. 80.5.1, as they existed prior to the Effective Date, with
                    any wording changes necessary to reflect legislative and
                    regulatory changes since Policy No. 80.5.1 was issued.




October 1, 2000                                                                  R33.5-1
                                                                              Page 2 of 2
                                                           PREVENTION MANUAL

RE:      Occupational First Aid -                                   ITEM: R33.6-1
         General Requirements for First Aid -
         First Aid Records




BACKGROUND

1.       Explanatory Notes

Section 33.6 requires first aid records to be maintained at the workplace.

2.       The Regulation

Section 33.6:

         (1)      The employer must maintain at the workplace a record of all injuries
                  and manifestations of disease reported or treated.

         (2)      Each entry or record required by subsection (1) must contain

                  (a)   the full name of the injured worker,

                  (b)   the date and time of injury or report of illness,

                  (c)   the date and time the injury or illness was reported to the
                        employer or employer's representative,

                  (d)   the names of witnesses,

                  (e)   a description of how the injury or illness occurred,

                  (f)   a description of the nature of the injury or illness,

                  (g)   a description of the treatment given and any arrangements
                        made relating to the injured worker,

                  (h)   a description of any subsequent treatment given for the
                        same injury or illness, and

                  (i)   the signature of the attendant or person giving first aid, and if
                        possible, the signature of the worker receiving treatment.




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         (3)      First aid records for an injury or illness reported as occurring after
                  December 31, 1988 must be kept for at least 10 years.


POLICY

Every employer must comply with this section, whether or not a first aid attendant
is required.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:                 October 1, 2000
AUTHORITY:                      s.33.6, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                        Replaces Policy No. 80.6 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. 80.6, as they existed prior to the Effective Date, with
                                any wording changes necessary to reflect legislative and
                                regulatory changes since Policy No. 80.6 as issued.




October 1, 2000                                                                             R33.6-1
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RE:      Occupational First Aid -                                  ITEM: R33.7-1
         General Requirements for First Aid -
         Access to Records




BACKGROUND

1.       Explanatory Notes

Section 33.7 sets out who may have access to first aid records.

2.       The Regulation

Section 33.7:

         (1)      Access to first aid records is restricted to individuals requiring
                  access for reasons of medical treatment, workplace inspection,
                  accident investigation, claims processing and appeals, and for
                  reasons relevant to the workplace health and safety program,
                  including the gathering of statistics.

         (2)      First aid records must be available for inspection by an officer of the
                  board.

         (3)      Persons with access to first aid records must keep confidential the
                  information contained in the records, except as required for the
                  legitimate purpose of their access.

         (4)      On request, a worker must be given a copy of first aid records for
                  any treatment or report pertaining to the worker.


POLICY

Where a person is entitled to have access under section 33.7, the access need
not extend to all of the records. It should be limited to the minimum necessary to
satisfy the purpose for which the access is required. If, for instance, access is
required to investigate a claim for compensation, it would be limited to the
records of the individual making the claim.




October 1, 2000                                                                    R33.7-1
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PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:          October 1, 2000
AUTHORITY:               s.33.7, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                 Replaces Policy No. 80.7 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. 80.7, as they existed prior to the Effective Date, with
                         any wording changes necessary to reflect legislative and
                         regulatory changes since Policy No. 80.7 was issued.




October 1, 2000                                                                      R33.7-1
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RE:      Occupational First Aid -                                ITEM: R33.8/9/10-1
         General Requirements for First Aid -
         General Requirements for First Aid Facilities




BACKGROUND

1.       Explanatory Notes

Section 33.2(3) and Schedule 1 require that certain employers provide a dressing
station or first aid room. Sections 33.8 to 33.10 specify requirements for these
facilities.

2.       The Regulation

Section 33.8(1):

         A first aid facility must

                  (a)   be located as near as practicable to the work area or areas it
                        is to serve,

                  (b)   be in a place and of a design that allows optimum ease of
                        access for moving a worker requiring stretcher transport,

                  (c)   be illuminated, heated and ventilated as required for an
                        office in Part 4 (General Conditions),

                  (d)   be kept clean and sanitary,

                  (e)   have a sink plumbed with hot and cold running water,

                  (f)   have a shower or have a shower facility as near as
                        practicable, if showering may be required treatment for
                        chemical exposure, and

                  (g)   have a notice conspicuously displayed outside the door or in
                        the area, indicating how to call and where to find the
                        attendant.




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Section 33.9:

         In addition to meeting the requirements of section 33.8, a dressing station
         must

                  (a)   be a room at least 1.8 m by 2.4 m (6 ft by 8 ft), or be an
                        equivalent area that can be curtained off to provide privacy
                        during treatment, and

                  (b)   have dressing station equipment specified in Schedule 4.

Section 33.10:

         In addition to meeting the requirements of section 33.8, a first aid room
         must

                  (a)   be a room at least 9.3 sq m (100 sq ft) in size,

                  (b)   be designed to allow ready access to all treatment areas,

                  (c)   have first aid room equipment specified in Schedule 5,

                  (d)   have storage cupboards and a counter,

                  (e)   have a non-porous floor covering,

                  (f)   have a toilet, or have a toilet facility as near as practicable,
                        and

                  (g)   at a remote workplace, be equipped to provide reasonable
                        overnight care for 2 injured workers and be used exclusively
                        for first aid purposes.


POLICY

(a)      Location

Section 33.8(1)(a) requires that a facility be "located as near as practicable" to
the work areas it is to serve. This means that it should be located in a central
area of the worksite. It should be away from undue noise and dust.

(b)      Ease of Access

Section 33.8(1)(b) requires that a facility allow "optimum ease of access" for
moving a worker requiring stretcher transport.



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This means that a stretcher should not have to be tipped or turned and can be
maintained in a horizontal position. Therefore, access to a facility from within a
narrow corridor may not be suitable.

Section 33.10(b) states that a first aid room must "be designed to allow ready
access to all treatment areas".

A first aid room may be locked to prevent theft or vandalism or for other proper
reason. If so, there must be effective means of immediate access during all
working hours.

(c)      Source of Water

Section 33.8(1)(e) requires that a facility have a "sink plumbed with hot and cold
running water".

It may be impracticable to comply with section 33.8(1)(e) in certain situations,
such as where the facility is a trailer on a construction site or the work is at a
remote location. In these cases, one of the following alternative sources or
water, with means to heat it, will be accepted until a permanent source of water
can be connected:

         •    The facility has an internal tank able to hold a minimum of 10 gallons of
              fresh potable water which can be pumped into the facility's sink. The
              water in this tank must be changed daily, or changed weekly if treated
              for the prevention of contamination.

         •    The facility is connected to a hose or water line from a fresh potable
              water outlet that can be pumped into the facility's sink.

         •    The facility has a 5 gallon insulated container containing fresh potable
              water changed daily to prevent contamination.

         •    The employer has contracted to a fresh water supply company that
              provides fresh water in a bottle or jug attached to a heat/cold
              dispenser.

(d)      Toilet Facilities

Section 33.10(f) states that a first aid room must "have a toilet, or have a toilet
facility as near as practicable".

Toilets should only be used by persons using the first aid room. To avoid
unnecessary traffic through the room, they should not be for general use. Toilets
located just outside the first aid room are acceptable if access does not interfere
with first aid treatment.



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(e)      How to Call for the Attendant

Section 33.8(1)(g) requires that the facility have a "notice conspicuously
displayed outside the door or in the area, indicating how to call and where to find
the attendant".

This sign should effectively communicate to the workers at the worksite.

(f)      Remote Areas/Use of Tents

In remote areas, the building of a first aid facility may not be practicable.
However, the facility should be at least of the same design and construction as
workers' lodgings. If trailers are provided for workers' lodgings, a trailer should
be provided for the first aid facility. When a tent is used, it must:

         •    be of the same design and size and have the same equipment as a
              first aid facility;

         •    be fitted with a non-porous floor that can be cleaned with soap and
              water; and

         •    have a source of heat that will provide sufficient warmth for good
              patient care (maintaining body temperature).

Section 33.10(g) states that a first aid room at a remote workplace must “be
equipped to provide reasonable overnight care for 2 injured workers and be used
exclusively for first aid purposes”.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:                October 1, 2000
AUTHORITY:                     ss.33.8, 33.9 and 33.10, Occupational Health & Safety
                               Regulation
CROSS REFERENCES:              See also s.33.1, Occupational Health and Safety Regulation
                               (“remote workplace”)
HISTORY:                       Replaces Policy No. 80.8 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. 80.8, as they existed prior to the Effective Date, with
                               any wording changes necessary to reflect legislative and
                               regulatory changes since Policy No. 80.8 was issued.


October 1, 2000                                                                        R33.8/9/10-1
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RE:      Occupational First Aid -                                   ITEM: R33.11-1
         General Requirements for First Aid -
         Portable Oxygen Therapy Equipment




BACKGROUND

1.       Explanatory Notes

Section 33.11(1), (2) and (3) sets out the requirements for portable oxygen
therapy equipment in situations where a Level 2 or 3 first aid attendant is
required.

2.       The Regulation

Section 33.11(1), (2) and (3):

         (1)      If this Part requires a Level 2 or 3 attendant, portable oxygen
                  therapy equipment must be available.

         (2)      The equipment required by subsection (1) must

                  (a)    be capable of supplying 15 litres per minute of oxygen, and

                  (b)    contain enough oxygen to supply this rate from the time of
                         initial application to the arrival at medical treatment, plus 15
                         minutes.

         (3)      Oxygen therapy equipment must be of a type acceptable to the
                  board and meet the requirements of CSA Standard CAN/CSA-
                  Z305.3-M87, Pressure Regulators, Gauges, and Flow-Metering
                  Devices for Medical Gases, or other standard acceptable to the
                  board.


POLICY

Section 33.11(2)(a) states that the equipment must "be capable of supplying 15
litres per minute of oxygen". This is so that, when the equipment is used in
conjunction with a bag valve mask resuscitator with an oxygen reservoir, 100%
oxygen is delivered to the patient. The flow meter must show to the operator that
15 litres of oxygen per minute is being delivered.




October 1, 2000                                                                     R33.11-1
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For purposes of section 33.11(3), cylinders for oxygen therapy equipment should
meet the standards of the Canadian Standards Association Standard CAN/CSA -
B339-88.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:           October 1, 2000
AUTHORITY:                s.33.11, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                  Replaces Policy No. 80.11 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. 80.11, as they existed prior to the Effective Date, with
                          any wording changes necessary to reflect legislative and
                          regulatory changes since Policy No. 80.11 was issued.




October 1, 2000                                                                       R33.11-1
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RE:      Occupational First Aid -                                ITEM: R33.12-1
         General Requirements for First Aid -
         Oxygen Powered Resuscitators




BACKGROUND

1.       Explanatory Notes

Section 33.12 sets out the requirements for oxygen powered resuscitators.

2.       The Regulation

Section 33.12:

         (1)      An oxygen powered resuscitator may be used only in
                  circumstances where a worker is injured and entrapped in a toxic
                  atmosphere.

         (2)      An oxygen powered resuscitator must be

                  (a)   of a type meeting a standard acceptable to the board,

                  (b)   maintained and operated in accordance with the
                        manufacturer's specifications, and

                  (c)   operated only by a person instructed in the specific
                        equipment to be used.


POLICY

Section 33.12(2)(a) provides that the resuscitator must be of a "type meeting a
standard acceptable to the board." The Board requires that the equipment meet
all applicable CSA standards.

Section 33.12(2)(c) requires that the equipment be "operated only by a person
instructed in the specific equipment to be used". A person will meet this
requirement if he or she has received a minimum of 4 hours training in the safe
operation of the equipment from the supplier. The supplier should also train at
least one person at the worksite who can train others in the safe operation of the
equipment. This training must include all facets of the equipment's operation, i.e.
when to use it, how to use it and how to handle it safely.



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Refresher training or practice should take place every 6 months and a record of
this maintained by the employer.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:            October 1, 2000
AUTHORITY:                 s.33.12, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                   Replaces Policy No. 80.12 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. 80.12, as they existed prior to the Effective Date, with
                           any wording changes necessary to reflect legislative and
                           regulatory changes since Policy No. 80.12 was issued.




October 1, 2000                                                                        R33.12-1
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RE:      Occupational First Aid -                                  ITEM: R33.13-1
         General Requirements for First Aid -
         Drugs and Medications




BACKGROUND

1.       Explanatory Notes

Section 33.13 sets out the requirements for storing, safe keeping and using
prescription and non-prescription drugs in relation to first aid services.

2.       The Regulation

Section 33.13:

         (1)      A first aid treatment area or kit must not contain prescription drugs
                  or medications unless approved in writing by a physician or
                  qualified practitioner.

         (2)      The storage, safe keeping and use of prescription drugs and
                  medications must be in accordance with the written instructions
                  given by the prescribing physician or qualified practitioner.

         (3)      Non-prescription drugs supplied by the employer must be under the
                  control of the attendant or other authorized representative of the
                  employer.

         (4)      Non-prescription drugs must be used in accordance with the drug
                  manufacturer's recommendations or specific instructions from a
                  physician or qualified practitioner.

         (5)      Each drug use must be recorded in the first aid record, except as
                  noted in subsection (6).

         (6)      If the administration of a drug or medication to a worker is required
                  for a condition that is not work-related, an entry into the first aid
                  records must not be made unless requested by the worker.




October 1, 2000                                                                   R33.13-1
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POLICY

(a)      Prescription Drugs

Reference should be made to the "Compendium of Pharmaceuticals and
Specialties" in determining what is a “prescription” drug under section 33.13(1)
and (2).

Any letter from a physician or qualified practitioner regarding prescription drugs
under section 33.13(1) and (2) must identify:

         •    the specific workplace or worker for which the prescribed drug or
              medication is required;

         •    the specific reasons for use;

         •    the method of application; and

         •    the expiry date of authorization.

This includes both prescription drugs for a poison unique to a workplace, such as
cyanide or hydrofluoric acid, and prescription drugs for the treatment of a specific
worker’s condition, such as angina or diabetes.

(b)      Non-Prescription Drugs

Any letter from a physician or qualified practitioner regarding non-prescription
drugs under section 33.13(4) must meet the same requirements as for
prescription drugs under section 33.13(1) and (2).

Prior to supplying non-prescription drugs or medications to a worker where there
are no specific instructions from a physician or qualified practitioner, the first aid
attendant must:

         •    be familiar with the side effects, contra-indications and indications for
              use, listed by the manufacturer (of particular concern are drugs or
              medications that cause drowsiness or interfere with alertness and
              manual dexterity required by workers to perform their duties);

         •    inform the worker of any side effects or contra-indications;

         •    not supply drugs or medication past the expiry date;

         •    obtain a history of events leading up to the worker asking for relief;

         •    determine if the worker is currently taking any medication and, if so,
              the appropriateness of taking additional medication;
October 1, 2000                                                                    R33.13-1
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         •    where required, make an entry in the first aid records.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:                October 1, 2000
AUTHORITY:                     s.33.13, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                       Replaces Policy No. 80.13 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. 80.13, as they existed prior to the Effective Date, with
                               any wording changes necessary to reflect legislative and
                               regulatory changes since Policy No. 80.13 was issued.




October 1, 2000                                                                            R33.13-1
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RE:      Occupational First Aid -                                 ITEM: R33.14-1
         General Requirements for First Aid -
         Blood and Body Fluid Precautions




BACKGROUND

1.       Explanatory Notes

Section 33.14 sets out the precautions to be followed to prevent accidental
contact by the first aid attendant with the blood or body fluids of the worker being
treated.

2.       The Regulation

Section 33.14:

         (1)     To prevent accidental contact with blood or body fluids, the
                 employer must make readily available to the attendant a pocket
                 mask and latex or other waterproof gloves.

         (2)     The attendant must follow the blood and body fluid precautions of a
                 standard acceptable to the board, whenever contact with blood or
                 body fluids of the worker being treated is likely to occur.

         (3)     The employer must ensure that materials and equipment from the
                 accident scene, first aid facility or transportation equipment which
                 have been contaminated with blood or body fluids are cleaned or
                 disposed of in a manner specified in a standard acceptable to the
                 board.


POLICY

"Readily available" in section 33.14(1) means that the specified equipment or
supplies will be carried by the first aid attendant or contained within a first aid kit
that the attendant has when reaching the scene of an accident or illness.




March 12, 2001                                                                    R33.14-1
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Section 33.14(2) and (3) uses the terms "standard acceptable to the board".
Until the Board develops its own guidelines, the Board requires first aid
attendants to follow the guidelines of Universal Blood, Body Fluid Precautions
developed by the U.S. Department of Health and Human Services, Public Health
Service Centre for Disease Control, Atlanta, Georgia. A list of these precautions
is found in the Board’s manual titled “Occupational First Aid – A Reference and
Training Manual”.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:            March 12, 2001
AUTHORITY:                 s.33.14, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                   Item R33.14-1 replaced Policy No. 80.14 of the Prevention
                           Division Policy and Procedure Manual effective October 1, 2000.
                           Effective March 12, 2001, a reference to barrier cream being a
                           suitable alternative to latex or other waterproof gloves was
                           deleted. A housekeeping change was made on December 14,
                           2001.
APPLICATION:               This Item generally 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. 80.14, as they existed
                           prior to the Effective Date, with any wording changes necessary
                           to reflect legislative and regulatory changes since Policy No.
                           80.14 was issued.




March 12, 2001                                                                     R33.14-1
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RE:      Occupational First Aid -                                     ITEM: R33.15-1
         Requirements for Specific Workplaces -
         Health Care Facilities




BACKGROUND

1.       Explanatory Notes

Section 33.15 sets out the first aid requirements for health care facilities, such as
hospitals.

2.       The Regulation

Section 33.15:

         (1)       A health care facility with an emergency resuscitation area may
                   designate that area as the workplace first aid facility, provided that

                   (a)    immediate access is available to workers during working
                          hours,

                   (b)    written procedures are developed for moving a worker
                          requiring stretcher transport to the designated treatment
                          area,

                   (c)    the transport equipment required by the procedures is
                          provided, and

                   (d)    a first aid kit, appropriate for the level of attendant required,
                          is available to be taken to the scene of an injury.

         (2)       On written request, a Level 2 certificate will be issued to a physician
                   or registered nurse who has

                   (a)    at least 6 months experience in an emergency department,
                          or

                   (b)    successfully completed a recognized course of training in
                          emergency procedures.




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         (3)       The experience or training required in subsection (2) must have
                   been completed not more than 24 months before the request for
                   certification.

         (4)       Certification granted under subsection (2) is restricted for use in
                   health care facilities and is not transferable to other industries.

Section 33.1:

         health care facility means a hospital or other place where acute,
                              intermediate or extended health care services are
                              provided

         hospital                means a hospital or diagnostic and treatment centre
                                 that has an emergency department or resuscitation
                                 area and a physician on duty, or immediately
                                 available on call, 24 hours a day


POLICY

(a)      Facilities and Equipment

"Immediate access" in section 33.15(1)(a) means that the designated area can
be entered easily and its contents obtained without delay, usually within 3 to 5
minutes of being required. If the injured or ill worker requires the diagnostic and
management skills of a physician or qualified practitioner, the general rules and
procedures of the health care facility in treating patients will take precedence
after initial first aid has been provided.

"Available" in section 33.15(1)(d) means that the first aid kit can be obtained
without delay, usually within 3 to 5 minutes of being required at the scene.

(b)      Qualification of First Aid Attendants

The physician and registered nurse to whom a Level 2 certificate is issued under
section 33.15(2) must be licensed to practice in B.C.

For the purpose of section 33.15(2)(b), a "recognized course of training in
emergency procedures" for physicians includes advanced trauma life support.
For registered nurses, it includes post basic graduate emergency nursing and
critical care nursing.




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When a health care facility wants to use the expertise of a physician or registered
nurse as a first aid attendant, the employer must make a written request to a
person or organization authorized by the Board to issue a Level 2 certificate.
The request for each employee must include proof that the employee has the
required status as a physician or nurse and the required experience or training
within the previous 24 months.

The certificates issued by a person or organization authorized by the Board are
valid for 24 months from the date of issue. A listing of persons and organizations
authorized to issue a Level 2 certificate is available from the Board.

Renewal of the certificates is obtained in the same way as the initial request.
The requirements of section 33.15(2) must be met prior to each renewal.

The physician or registered nurse designated to provide first aid cannot delegate
first aid responsibilities to anyone who does not possess a Level 2 or 3
certificate.

The Board will not pay for services provided by the physician or registered nurse
which would ordinarily be provided by a Level 2 or 3 first aid attendant.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:             October 28, 2002
AUTHORITY:                  ss.33.1 and 33.15, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                    Replaces Policy No. 80.15 of the Prevention Division Policy and
                            Procedure Manual. A housekeeping change was made on
                            December 14, 2001. Effective October 28, 2002, amendments
                            to the Occupational Health & Safety Regulation were made to
                            enable first aid certification and examination by authorized
                            persons and organizations external to the Board. Policy
                            changes were made on October 28, 2002, to comply with these
                            amendments.
APPLICATION:                This Item generally 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. 80.15, as they existed
                            prior to the Effective Date, with any wording changes necessary
                            to reflect legislative and regulatory changes since Policy No.
                            80.15 was issued.




October 28, 2002                                                                     R33.15-1
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RE:      Occupational First Aid -                                    ITEM: R33.16-1
         Requirements for Specific Workplaces -
         Municipal Fire Departments




BACKGROUND

1.       Explanatory Notes

Section 33.16(1) – (5) provides for the number and type of first aid attendant
certifications required at a workplace at which firefighters are present.

2.       The Regulation

Section 33.16(1) – (5):

         (1)       If there are 5 or more firefighters at a workplace, at least one must
                   hold a Level 1 certificate.

         (2)       If there are 20 or more firefighters at a workplace, at least one must
                   hold a Level 3 certificate.

         (3)       If 25% or more of the firefighters at a workplace have a valid
                   Emergency Medical Assistant First Responder (EMA FR) Level III
                   licence issued under the Health Emergency Act, the requirements
                   of subsections (1) and (2) do not apply.

         (4)       On written request, a Level 1 or 2 certificate will be issued to a
                   firefighter who holds an EMA FR Licence as follows:

                   (a)    EMA FR Level II Licence = Board Level 1 Certificate;

                   (b)    EMA FR Level III Licence = Board Level 2 Certificate.

         (5)       Certification issued under subsection (4) is restricted to the fire
                   service industry and is not transferable to other industries.


POLICY

A firehall, a fire scene and a site of an emergency response by the firefighter unit
are each a separate "workplace" for purposes of section 33.16(1) – (5).




October 28, 2002                                                                     R33.16-1
                                                                                   Page 1 of 2
                                                            PREVENTION MANUAL

"EMA FR" in section 33.16(4) means an Emergency Medical Assistant First
Responder licence issued under the Health Emergency Act.

When a municipal fire service wants to use the expertise of employees who have
EMA FR Level 2 or Level 3 licences, the employer must make a written request
to a person or organization authorized by the Board to issue a Level 1 or 2
certificate. The request for each employee shall include:

         •   proof that the applicant has a valid EMA FR Level 2 or 3 licence;

         •   completed medical certificate of fitness on a form acceptable to the
             Board.

The certificates issued by authorized persons or organizations are valid for 24
months from the date of issue as long as the firefighter has a valid EMA FR Level
2 or 3 licence. A listing of persons and organizations authorized to issue a Level
1 or 2 certificate is available from the Board.

Renewal of the certificates is obtained in the same way as the initial request.

Certification for this purpose is restricted to the fire service industry. “Fire service
industry” means municipal fire departments. It does not cover crews engaged in
forest fire fighting.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:               October 28, 2002
AUTHORITY:                    s.33.16, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                      Replaces Policy No. 80.16 of the Prevention Division Policy and
                              Procedure Manual. A housekeeping change was made on
                              December 14, 2001. Effective October 28, 2002, amendments
                              to the Occupational Health & Safety Regulation were made to
                              enable first aid certification and examination by authorized
                              persons and organizations external to the Board. Policy
                              changes were made on October 28, 2002, to comply with these
                              amendments.
APPLICATION:                  This Item generally 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. 80.16, as they existed
                              prior to the Effective Date, with any wording changes necessary
                              to reflect legislative and regulatory changes since Policy No.
                              80.16 was issued.


October 28, 2002                                                                       R33.16-1
                                                                                     Page 2 of 2
                                                     PREVENTION MANUAL

RE:      Occupational First Aid -                             ITEM: R33.18-1
         Requirements for Specific Workplaces -
         Remote Workplaces with Lodgings




BACKGROUND

1.       Explanatory Notes

The level of first aid services set out in Schedule 1 is based, among other factors, upon the
number of workers per shift. Section 33.18 sets out how this is determined at remote
workplaces where lodgings are provided by the employer.

2.       The Regulation

Section 33.18:

At a remote workplace, where lodging for workers is provided by the employer at or near the
workplace, for the purpose of the application of Schedule 1, the number of workers per shift
includes all workers on shift and those in the lodging.

Section 33.1:

         remote workplace         means a workplace which is located 2 hours or more
                                  surface travel time away from a hospital

         surface travel time      means the normal time to safely transport an injured worker
                                  on a stretcher by land or water, having consideration for the
                                  weather, road conditions, traffic patterns and other factors
                                  which may affect travel and are likely to prevail during
                                  working hours


POLICY
The Board provides compensation coverage for workers in lodgings supplied by an employer.
Therefore, lodgings may be part of the "workplace" or may be a separate "workplace" for the
purpose of providing first aid.

Whether lodgings are part of a "workplace" or are a separate "workplace" depends on
their location.




October 1, 2000                                                              R33.18-1
                                                                           Page 1 of 2
                                                         PREVENTION MANUAL


The effect of section 33.18 is to make lodgings "at or near" a remote workplace part of the
workplace for the purpose of determining the level of first aid services. Lodgings that are not
"at or near" the place of work may be a separate "workplace".

Where lodgings are a separate "workplace", they must have their own separate first aid
services. The level of service will be determined in the normal way on the basis of workers in
the lodgings. This includes workers such as cooks and cleaners who perform their daily work
there as well as others who work elsewhere but spend free time there. The employer may be
able to meet the obligations respecting the lodgings and the place of work by using the same
personnel and equipment for both and moving them from one place to the other as the
workers move.

Where the lodgings form part of a larger "workplace", first aid requirements for the whole
"workplace" are based on the total workforce present at the place of work and in the lodgings
at any time. Section 33.18 states this specifically for lodgings at or near a "remote workplace"
but the same applies to other lodgings that are part of a "workplace".

The operator of lodgings may allow other employers to accommodate their workers there.
The operator may be responsible under section 118 of the Act to ensure that first aid facilities
are provided for all workers in the lodgings.

This policy and section 33.18 do not apply to a company town, or where lodging is provided at
motels or hotels in a nearby town.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention Division’s
OHS Guidelines available on the WCB website.



EFFECTIVE DATE:            October 1, 2000
AUTHORITY:                 ss.33.1 and 33.18, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                   Replaces Policy No. 80.18 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. 80.18, as they existed prior to the
                           Effective Date, with any wording changes necessary to reflect legislative and
                           regulatory changes since Policy No. 80.18 was issued.




October 1, 2000                                                                      R33.18-1
                                                                                   Page 2 of 2
                                                      PREVENTION MANUAL

RE:      Occupational First Aid -                              ITEM: R33.21-1
         Requirements for Specific Workplaces -
         Additional First Aid for Separate Workplaces




BACKGROUND

1.       Explanatory Notes

Section 33.21 sets out when a workplace is a “separate workplace” and requires separate
first aid services.

2.       The Regulation

Section 33.21:

A work location with 2 or more workers, that is more than 20 minutes surface travel time
from central first aid, is considered a separate workplace and must have first aid provided as
required by section 33.2(3).

Section 33.1:

         surface travel time       means the normal time to safely transport an injured worker
                                   on a stretcher by land or water, having consideration for the
                                   weather, road conditions, traffic patterns and other factors
                                   which may affect travel and are likely to prevail during
                                   working hours


POLICY
Section 33.21 addresses the situation where a person carries on business at different
locations. It defines when each location is a separate workplace that has to provide its
own first aid service.

The effect of section 33.21 is that all work locations more than 20 minutes surface travel
time from the central first aid service must have their own first aid services. This applies
whether the work location is on the same premises as central first aid service or
elsewhere.




October 1, 2000                                                                R33.21-1
                                                                             Page 1 of 2
                                                          PREVENTION MANUAL

Section 33.21 does not apply to a work location less than 20 minutes surface travel time
away. However, such a location may still have to provide its own first aid services under
section 33.2(3) if it is at a different site and considered a separate "workplace".

A work location at a different site will normally be a separate "workplace" if the employer
owns, rents, licenses or otherwise controls the site. Thus, separate branches of a retail
store or restaurant owned by one employer and located less than 20 minutes from each
other or a central point will each be "workplaces" and have to provide separate first aid
service.

There will not normally be a separate "workplace" if the work location is on premises
owned or controlled by a person other than the employer, such as in a private home. First
aid will be provided through the central first aid service.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention Division’s
OHS Guidelines available on the WCB website.



EFFECTIVE DATE:             October 1, 2000
AUTHORITY:                  ss.33.1 and 33.21, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                    Replaces Policy No. 80.21 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. 80.21, as they existed prior to the
                            Effective Date, with any wording changes necessary to reflect legislative and
                            regulatory changes since Policy No. 80.21 was issued.




October 1, 2000                                                                       R33.21-1
                                                                                    Page 2 of 2
                                                         PREVENTION MANUAL

RE:      Occupational First Aid -                           ITEM: R33.23-1
         Requirements for Specific Workplaces -
         Additional First Aid if Ambulance Service is Restricted




BACKGROUND

1.       Explanatory Notes

Section 33.23 requires upgrades to first aid services when ambulance service will
be restricted by obstructions or other circumstances from accessing the
workplace or parts of the workplace.

2.       The Regulation

Section 33.23:

         A workplace requiring a Level 2 certificate in Tables 2, 4 or 6 in Schedule
         1 must have the first aid attendant requirement upgraded to a Level 3
         certificate and be provided with a Level 3 kit and ETV equipment
         described in Schedule 3 when

                  (a)   there is an obstruction on the access route to the workplace
                        or other barrier likely to delay the arrival of an ambulance
                        service acceptable to the board to more than 20 minutes
                        after it was dispatched,

                  (b)   there are areas in the workplace which are not safely
                        accessible to the ambulance service and for which workers
                        at the workplace are trained, equipped and capable of
                        effecting rescue, or

                  (c)   there is rough terrain or other similar circumstances that will
                        prevent the ambulance service vehicle from accessing the
                        workplace, in which case an ETV must also be available.

Section 33.1:

         “ETV”                 means an emergency transportation vehicle meeting
                               the requirements of sections 33.30 and 33.31.




October 1, 2000                                                                   R33.23-1
                                                                                Page 1 of 2
                                                                 PREVENTION MANUAL


POLICY

Section 33.23(a) applies to:

     (i)          regularly recurring temporary obstructions or barriers which can be
                  foreseen by the employer, such as railway lines used on a daily basis
                  with railcars blocking access at some point in the day or delays within
                  the ambulance service that result in an average response time to
                  emergencies at the workplace of more than 20 minutes;

     (ii)         temporary obstructions or barriers of an isolated nature which are of
                  sufficient duration to make it reasonable for the employer to upgrade
                  first aid services, such as long term road closure or construction; or

     (iii)        permanent obstructions or barriers on the access route.

Section 33.23(c) applies where the ambulance is prevented from accessing the
workplace by "terrain or other similar circumstances". This is essentially referring
to situations (ii) and (iii) above. The duration of these obstructions means that it
is necessary and reasonable for employers to have an ETV to transport injured
or ill workers from the workplace to a point where the ambulance can receive
them.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:                   October 1, 2000
AUTHORITY:                        ss.33.1 (“ETV”) and 33.23, Occupational Health & Safety
                                  Regulation
CROSS REFERENCES:                 See also ss.33.30 and 33.31, Occupational Health & Safety
                                  Regulation, and Transportation of Injured Workers – ETVs and
                                  Industrial Ambulances (Item R33.30/31/32-1)
HISTORY:                          Replaces Policy No. 80.23 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. 80.23, as they existed prior to the Effective Date, with
                                  any wording changes necessary to reflect legislative and
                                  regulatory changes since Policy No. 80.23 was issued.




October 1, 2000                                                                               R33.23-1
                                                                                            Page 2 of 2
                                                           PREVENTION MANUAL

RE:      Occupational First Aid -                                    ITEM: R33.24-1
         First Aid Attendants -
         Authority of the Attendant




BACKGROUND

1.       Explanatory Notes

Section 33.24 sets out the authority of first aid attendants.

2.       The Regulation

Section 33.24:

         (1)      The attendant is in complete charge of all first aid treatment of an
                  injured worker until

                  (a)    a place of medical treatment is reached,

                  (b)    the worker is passed to an ambulance service acceptable to
                         the board, or

                  (c)    responsibility for treatment is accepted by an attendant with
                         a higher level of certificate, a physician, a registered nurse
                         with a valid Level 2 or 3 certificate, or a person licensed as
                         an Emergency Medical Assistant Level I or higher by the BC
                         Ambulance Service under the Health Emergency Act.

         (2)      The decisions of an attendant relating to treatment or transport
                  must not be overruled, except by persons listed in subsection
                  (1)(c).

         (3)      If a worker reports to an attendant with an occupational illness or
                  injury requiring first aid treatment, the attendant must not refer the
                  worker back to work until the attendant is satisfied that the first aid
                  treatment is complete.

         (4)      The attendant does not have the authority to overrule a worker's
                  decision to seek, or choice of, medical attention.




October 1, 2000                                                                     R33.24-1
                                                                                  Page 1 of 2
                                                           PREVENTION MANUAL

POLICY

In applying section 33.24(1), "ambulance service acceptable to the board" means
the service provided or subsidized and regulated by the B.C. Ambulance Service
under the Health Emergency Act. Before the injured or ill worker can be passed
to an "ambulance service acceptable to the board", one of the ambulance crew
must hold a Level 3 certificate or possess an EMA I, II, or III licence.

The person to whom the worker is passed must be informed that first aid
attendants are required to comply with the standards contained in the First Aid
Training and Reference Manual. That person must accept the same or a similar
responsibility in accordance with the standards prescribed by his or her
qualifications. The person must be prepared to provide appropriate care until the
injured or ill worker can be transferred to a hospital or equivalent medical facility,
including the signing of any necessary medical records.

Section 33.24(3) places responsibility on the first aid attendant not to send the
injured or ill worker back to work prematurely. The attendant must do the
assessments and apply the treatments, such as wound cleansing and bandaging
for protection, that are necessary to adequately prepare the worker for return to
work.

In determining whether treatment is complete, the first aid attendant must have
regard to normal first aid assessment and treatment techniques. Where the
treatment for an injury or illness would normally involve follow-up care by the
attendant after the worker has returned to work, section 33.24(3) does not
prevent the attendant from sending the worker back to work after initial treatment.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:             October 1, 2000
AUTHORITY:                  s.33.24, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                    Replaces Policy No. 80.24 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. 80.24, as they existed prior to the Effective Date, with
                            any wording changes necessary to reflect legislative and
                            regulatory changes since Policy No. 80.24 was issued.


October 1, 2000                                                                         R33.24-1
                                                                                      Page 2 of 2
                                                            PREVENTION MANUAL

RE:      Occupational First Aid -                                    ITEM: R33.26-1
         First Aid Attendants -
         Availability of the Attendant




BACKGROUND

1.       Explanatory Notes

Section 33.26 places restrictions on the activities of first aid attendants to ensure
that they are able to render first aid appropriately.

2.       The Regulation

Section 33.26:

         (1)      An attendant must not undertake activities that will interfere with the
                  ability to receive a request for first aid service.

         (2)      A Level 2 or 3 attendant must only undertake activities that allow
                  the prompt rendering of first aid in a clean and sanitary condition.


POLICY

To comply with section 33.26, first aid attendants should be able to:

         •     quickly wash hands with soap and water;

         •     either take off a pair of coveralls or don a pair of clean coveralls; and

         •     be ready to depart to where they are required with a Level 2 or 3 first
               aid kit within 3 to 5 minutes.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.




October 1, 2000                                                                     R33.26-1
                                                                                  Page 1 of 2
                                                   PREVENTION MANUAL


EFFECTIVE DATE:     October 1, 2000
AUTHORITY:          s.33.26, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:            Replaces Policy No. 80.25 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. 80.25, as they existed prior to the Effective Date, with
                    any wording changes necessary to reflect legislative and
                    regulatory changes since Policy No. 80.25 was issued.




October 1, 2000                                                                 R33.26-1
                                                                              Page 2 of 2
                                                              PREVENTION MANUAL

RE:      Occupational First Aid -                                        ITEM: R33.29-1
         Transportation of Injured Workers -
         Responsibility for Transportation




BACKGROUND
1.       Explanatory Notes

Section 33.29 sets out the employer’s responsibility for transporting the injured worker to
treatment.

2.       The Regulation

Section 33.29:

         (1)      The employer must provide and pay for the immediate conveyance and
                  transportation of an injured worker to the location of initial medical treatment of
                  a work-related illness or injury.

         (2)      The employer's obligation under subsection (1) is to the nearest hospital, or to
                  the nearest physician or qualified practitioner prepared to accept responsibility
                  for the required treatment.

POLICY
The transportation must be appropriate for the terrain to be traversed and to the injured or ill
worker's condition.

PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention Division’s
OHS Guidelines available on the WCB website.

EFFECTIVE DATE:                 October 1, 2000
AUTHORITY:                      s.33.29, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                        Replaces Policy No. 80.29 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. 80.29, as they existed prior to the
                                Effective Date, with any wording changes necessary to reflect legislative and
                                regulatory changes since Policy No. 80.29 was issued.




October 1, 2000                                                                           R33.29-1
                                                                                        Page 1 of 1
                                                         PREVENTION MANUAL

RE:      Occupational First Aid -                          ITEM:    R33.30/31/32-1
         Transportation of Injured Workers -
         ETVs and Industrial Ambulances




BACKGROUND

1.       Explanatory Notes

Section 33.2(3) and Schedule 1 require that certain employers provide an
emergency transportation vehicle (ETV) or industrial ambulance. Sections 33.30
to 33.32 have requirements for these vehicles.

2.       The Regulation

Section 33.30:

         (1)      Smoking is not permitted in a conveyance when it is used for
                  transporting an injured worker.

         (2)      Where required by this Part an emergency transportation vehicle
                  (ETV) or an industrial ambulance must

                  (a)   be immediately available and ready for use,

                  (b)   be located where it will best serve the workers for whom it is
                        provided,

                  (c)   not be driven by the attendant when driving may interfere
                        with the required first aid treatment,

                  (d)   be capable of traversing the roads in the area it is intended
                        to serve,

                  (e)   be maintained in safe operating condition in accordance with
                        this Occupational Health and Safety Regulation,

                  (f)   be operated in accordance with the Motor Vehicle Act and
                        the regulations made under it,

                  (g)   provide warmth sufficient for good care for the injured worker
                        and protection from the natural elements and dust,




October 1, 2000                                                             R33.30/31/32-1
                                                                               Page 1 of 5
                                                           PREVENTION MANUAL

                  (h)   have provision for effective voice communication between
                        the driver and the attendant in the treatment area of the
                        vehicle,

                  (i)   have a means for effective communication with the scene of
                        an accident and with the hospital, unless deemed
                        impracticable by an officer, and

                  (j)   have a plainly visible "No Smoking" sign posted.

Section 33.31:

         In addition to the requirements of section 33.30, an ETV must

                  (a)   not be used for any purpose which may delay transportation
                        of an injured worker,

                  (b)   be capable of transporting at least one worker on a stretcher,

                  (c)   have a means for restraining a stretcher and enough
                        padding to prevent excessive jarring of the injured worker,
                        and

                  (d)   contain ETV equipment specified in Schedule 3.

Section 33.32:

         In addition to the requirements of section 33.30, an industrial ambulance
         must

                  (a)   be under the care and direction of the attendant,

                  (b)   be used only for first aid treatment and transportation of
                        injured workers,

                  (c)   be capable of accommodating at least 2 workers on
                        stretchers,

                  (d)   have adequate interior lighting,

                  (e)   have a minimum headroom of 1 m (3.3 ft),

                  (f)   contain a roll cot or basket stretcher properly secured and
                        cushioned against excessive jarring, and

                  (g)   contain industrial ambulance equipment specified in
                        Schedule 3.



October 1, 2000                                                             R33.30/31/32-1
                                                                               Page 2 of 5
                                                     PREVENTION MANUAL


POLICY

(a)      Availability

Section 33.30(2)(a) requires that an ETV or industrial ambulance be "immediately
available and ready for use". This means that the vehicle should be located so
that it can be dispatched to the accident scene within 3 to 5 minutes of being
required.

Section 33.31(a) states that an ETV must "not be used for any purpose which
may delay transportation of an injured worker." Section 33.32(b) states that an
industrial ambulance must "be used only for first aid treatment and transportation
of injured workers."

(b)      Other Applicable Provisions

Section 33.30(2)(e) requires that an ETV or industrial ambulance "be maintained
in safe operating condition in accordance with this Occupational Health and
Safety Regulation."

Section 33.30(2)(f) requires that an ETV or industrial ambulance “be operated in
accordance with the Motor Vehicle Act and the regulations made under it”. This
means that, in addition to Part 33, the vehicle must conform with the other
provisions of the OHS Regulation governing the safe operation and maintenance
of vehicles used to transport workers and of the Motor Vehicle Act relating to
emergency vehicles. Drivers of the vehicle must be licensed in accordance with
the provisions of the Motor Vehicle Act.

The Board does not approve or register vehicles.

Vehicles which transport injured or ill workers need not have mounted
emergency lights or an audible signal (sirens etc.). Before obtaining this type of
equipment, the employer or the company whose business is to supply this sort of
vehicle should consult with the Motor Vehicle Branch of the B.C. Ministry of
Transportation and Highways and the B.C. Ambulance Service.

(c)      Warmth

Section 33.30(2)(g) requires that an ETV or industrial ambulance "provide
warmth sufficient for good care for the injured worker and protection from the
natural elements and dust."




October 1, 2000                                                         R33.30/31/32-1
                                                                           Page 3 of 5
                                                          PREVENTION MANUAL

"Warmth sufficient for good care" means that the patient compartment should be
heated enough to maintain normal body temperature of the injured worker when
covered with three blankets. The source of heat must not be a hazard to the
occupants of the vehicle when oxygen is in use.

(d)      Communications

Section 33.30(2)(i) requires that an ETV or industrial ambulance "have a means
for effective communication with the scene of an accident and with the hospital,
unless deemed impracticable by an officer".

There will be effective communications with the scene of an accident where:

         •    the driver has a two way radio that has a direct link with other two way
              radios with worker(s) at the scene of the injured or ill worker; or

         •    the driver has a two way radio that has a link with a central dispatch
              center of the employer, which has voice communication via a radio or
              radiotelephone with workers at the scene.

There will be effective communication with the hospital where:

         •    the driver has a two way radio that has a direct link with the hospital;

         •    a radiotelephone in the vehicle can contact the hospital directly;

         •    a two way radio or radiotelephone in the vehicle has a link with a
              central dispatch center of the employer, which has voice
              communication via a telephone or radiotelephone with the hospital;

         •    a vehicle has been dispatched to accompany the ETV or industrial
              ambulance to the hospital that is equipped with a radiotelephone or
              two way radio that can contact the hospital directly, and the driver can
              communicate with the ETV or industrial ambulance.

(e)      Lighting

Section 33.32(d) requires that industrial ambulances "have adequate interior
lighting". This means that there should be sufficient lighting in the patient
compartment to allow the attendant to see the injured or ill worker without the use
of a flashlight.




October 1, 2000                                                               R33.30/31/32-1
                                                                                 Page 4 of 5
                                                          PREVENTION MANUAL


(f)      Headroom

Section 33.32(e) requires that industrial ambulances have a "minimum headroom
of 1 m (3.3 ft)".

This requires a minimum of one metre from the floor to the roof of the patient
compartment. However, there must be sufficient room for an attendant to be
able to perform cardiopulmonary resuscitation effectively.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:            October 1, 2000
AUTHORITY:                 ss.33.30, 33.31, and 33.32, Occupational Health & Safety
                           Regulation
CROSS REFERENCES:
HISTORY:                   Replaces Policy No. 80.30 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. 80.30, as they existed prior to the Effective Date, with
                           any wording changes necessary to reflect legislative and
                           regulatory changes since Policy No. 80.30 was issued.




October 1, 2000                                                                  R33.30/31/32-1
                                                                                    Page 5 of 5
                                                    PREVENTION MANUAL

RE:      Occupational First Aid -                            ITEM: R33.35-1
         Transportation of Injured Workers -
         Accompanying an Injured Worker




BACKGROUND

1.       Explanatory Notes

Section 33.35 provides for the first aid attendant to accompany the injured worker
to treatment if necessary.

2.       The Regulation

Section 33.35:

         An attendant may accompany an injured worker being transported to
         medical treatment if the attendant considers it necessary.


POLICY

The first aid attendant should accompany an injured worker to a hospital or place
of medical treatment where the attendant may have to provide ongoing treatment
during transportation. If the worker is being transported from the workplace by
the B.C. Ambulance Service, the attendant does not have to accompany the
worker. However, the requirements set out in Item R33.24-1 for transferring
responsibility to the B.C. Ambulance Service apply.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.




October 1, 2000                                                             R33.35-1
                                                                          Page 1 of 2
                                                   PREVENTION MANUAL


EFFECTIVE DATE:     October 1, 2000
AUTHORITY:          s.33.35, Occupational Health & Safety Regulation
CROSS REFERENCES:   See also First Aid Attendants – Authority of the Attendant
                    (Item R33.24-1)
HISTORY:            Replaces Policy No. 80.35 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. 80.35, as they existed prior to the Effective Date, with
                    any wording changes necessary to reflect legislative and
                    regulatory changes since Policy No. 80.35 was issued.




October 1, 2000                                                                 R33.35-1
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RE:      Occupational First Aid -                                  ITEM: R33.37-1
         Transportation of Injured Workers -
         Air Transport




BACKGROUND

1.       Explanatory Notes

Section 33.37 provides the requirements to be observed in transporting an
injured worker by air.

2.       The Regulation

Section 33.37:

         If air transport is the primary or only method for transporting an injured
         worker

                  (a)   arrangements must be made with an air service, before the
                        start of work, to ensure that an appropriate aircraft will be
                        reasonably available during operations,

                  (b)   a list of the radio frequencies to be used between the air
                        carrier and the workplace, must be included in the written
                        procedures required by section 33.28,

                  (c)   first aid equipment must be of a type suitable for the aircraft
                        to be used, and

                  (d)   if weather or other factors could unreasonably delay the use
                        of aircraft, alternate transportation options must be provided,
                        where practicable.

Section 33.28(1):

         Before operations begin at a workplace, the employer must develop
         written procedures for transporting injured workers, including workers
         requiring stretcher transport.




October 1, 2000                                                                   R33.37-1
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POLICY

"Appropriate aircraft" in section 33.37(a) means aircraft capable of transporting a
stretcher patient and a first aid attendant and allowing the attendant sufficient
room to provide emergency treatment en route, if required.

"First aid equipment" in section 33.37(c) includes the type of stretcher or spine
board that will fit in the aircraft to be used and that does not allow movement or
excessive jarring of the injured or ill worker during air transport. Employers are
responsible to ensure that attendants are properly trained in the use of the
equipment.

The coordinates of the workplace should be included in the written procedures
required by section 33.28(1).

Decisions when to use aircraft should be made in accordance with the
requirements of the Board’s manual titled “Occupational First Aid – A Reference
and Training Manual”.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:             October 1, 2000
AUTHORITY:                  ss.33.28 and 33.37, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                    Replaces Policy No. 80.37 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. 80.37, as they existed prior to the Effective Date, with
                            any wording changes necessary to reflect legislative and
                            regulatory changes since Policy No. 80.37 was issued.




October 1, 2000                                                                         R33.37-1
                                                                                      Page 2 of 2
                                                       PREVENTION MANUAL

RE:      Occupational First Aid -                               ITEM: R33.38-1
         Certification of First Aid Attendants -
         Levels of Certification




BACKGROUND

1.       Explanatory Notes

Section 33.38 and Schedule 6 provide for the levels of certification and the
prerequisites for each level.

2.       The Regulation

Section 33.38:

         Levels of certification and certificate endorsements for an attendant are
         specified in Schedule 6.

Section 33.47(1):

         First aid programs offered by training agencies and approved by the board
         may be granted equivalency for Level 1, 2 or 3 certification or certificate
         endorsement provided the requirements of this Part are otherwise met.


POLICY

Section 33.38 and Schedule 6 provide for three levels of certification and one
transportation endorsement for first aid attendants.

Schedule 6 sets out the prerequisites for each level. It states that the training
courses required for each level are "those first aid training courses that are
developed by the board". The schedule also states:

         Other training courses, provided they meet specific standards set by the
         board and are approved by the board, may qualify candidates for a Level
         1, 2 or 3 certificate or a certificate endorsement.

A similar statement is made in section 33.47(1).

The result of section 33.38, section 33.47(1) and Schedule 6 is that the
acceptable training courses are those:

         •   developed by the Board;

October 28, 2002                                                               R33.38-1
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         •   developed by another person or agency but reviewed and found
             acceptable by the Board under section 33.47(1);

         •   accepted under section 33.46(3)(d) with regard to the issue of
             unrestricted Level 3 certificate.

The non-refundable fees charged by the Board for reviewing a program are set
by the President/CEO. The fee must accompany the request for a program to be
reviewed. The fee does not include travel or related expenses incurred by the
Board.

Acceptance of a program is conditional upon its being used for its designed
purpose and meeting any conditions specified by the Board. If there is a change
in the contents of the course, a further request must be made to the Board to
review it.

Acceptance of the training program is conditional upon the instructors meeting
the requirements of section 33.48.


PRACTICE

The fees set by the President/CEO will be in writing and publicly available.

For any other relevant PRACTICE information, readers should consult the
Prevention Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:               October 28, 2002
AUTHORITY:                    ss.33.38 and 33.47(1), Occupational Health & Safety Regulation
CROSS REFERENCES:             See also Certification of First Aid Attendants – Restriction on
                              Initial Level 3 Certification (R33.46-1).
HISTORY:                      Replaces Policy No. 80.38 of the Prevention Division Policy and
                              Procedure Manual. Effective October 28, 2002, amendments to
                              the Occupational Health & Safety Regulation were made to
                              enable first aid certification and examination by authorized
                              persons and organizations external to the Board. Policy
                              changes were made on October 28, 2002, to comply with these
                              amendments.
APPLICATION:                  This Item generally 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. 80.38, as they existed
                              prior to the Effective Date, with any wording changes necessary
                              to reflect legislative and regulatory changes since Policy No.
                              80.38 was issued.




October 28, 2002                                                                      R33.38-1
                                                                                    Page 2 of 2
                                                            PREVENTION MANUAL

RE:      Occupational First Aid -                                    ITEM: R33.40-1
         Certification of First Aid Attendants -
         Minimum Age Requirements




BACKGROUND

1.       Explanatory Notes

Section 33.40 sets out the minimum age requirements for obtaining first aid
certification.

2.       The Regulation

Section 33.40:

         (1)       To qualify for a Level 1, 2 or 3 certificate, a person must be at least
                   16 years old.

         (2)       A Level 2 or 3 attendant required at a workplace must be at least
                   19 years old.

         (3)       Nothing in subsection (2) is intended to prevent a person under the
                   age of 19 with a Level 2 or 3 certificate from providing first aid while
                   under the supervision of the attendant at the workplace.


POLICY

Candidates must be at least 16 years old at the time of examination. Proof of
age may be required by a person or organization authorized by the Board to
examine candidates. If an underage candidate takes the examination and is
successful, the examination will be considered void and any certificate cancelled.
The candidate will have to repeat the certification process when of age. A listing
of persons and organizations authorized by the Board to examine candidates is
available from the Board.

A Level 2 or 3 certificate holder who is aged 16, 17 or 18 years does not fulfill the
obligation of an employer to provide a Level 2 or 3 attendant. He or she cannot
perform first aid on any injured or ill worker unless directly supervised by an
attendant 19 years or older. Direct supervision may take place even if the
attendant 19 years or over is not physically present. However, that attendant
must be available to be summoned if required.


October 28, 2002                                                                     R33.40-1
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PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:          October 28, 2002
AUTHORITY:               s.33.40, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                 Replaces Policy No. 80.40 of the Prevention Division Policy and
                         Procedure Manual. Effective October 28, 2002, amendments to
                         the Occupational Health & Safety Regulation were made to
                         enable first aid certification and examination by authorized
                         persons and organizations external to the Board. Policy
                         changes were made on October 28, 2002, to comply with these
                         amendments.
APPLICATION:             This Item generally 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. 80.40, as they existed
                         prior to the Effective Date, with any wording changes necessary
                         to reflect legislative and regulatory changes since Policy No.
                         80.40 was issued.




October 28, 2002                                                                 R33.40-1
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                                                      PREVENTION MANUAL


RE:      Occupational First Aid -                              ITEM: R33.41-1
         Certification of First Aid Attendants -
         Medical Certificates




BACKGROUND

1.       Explanatory Notes

Section 33.41 sets out the requirements that must be met before a candidate will
be examined for a first aid certificate.

2.       The Regulation

Section 33.41:

         A candidate for examination leading to certification at Level 2 or 3 must,
         before a certificate is issued, provide a medical certificate of the
         candidate's fitness from a physician on a form acceptable to the board and
         every two years thereafter on renewal of the Level 2 or 3 certificate.


POLICY

A medical certificate of fitness on a form acceptable to the Board must be
received by a person or organization authorized by the Board to grant Level 2 or
3 certificates, before the certificate is issued. A listing of authorized persons and
organizations is available for the Board. The Board's medical certificate of fitness
form used for divers and blasters certification may be used. The certificate must
not be older than 6 months prior to the date received. The candidate must pay
for the medical examination.




October 28, 2002                                                              R33.41-1
                                                                            Page 1 of 2
                                                        PREVENTION MANUAL



PRACTICE

For any other relevant PRACTICE information, readers should consult the
Prevention Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:           October 28, 2002
AUTHORITY:                s33.41, Occupational Health & Safety Regulation
CROSS REFERENCES:         See also Instructor and Training Agencies – Courses and
                          Examinations (Item R33.52-1)
HISTORY:                  Replaces Policy No. 80.41 of the Prevention Division Policy and
                          Procedure Manual. A housekeeping change was made on
                          December 14, 2001. Effective October 28, 2002, amendments
                          to the Occupational Health & Safety Regulation were made to
                          enable first aid certification and examination by authorized
                          persons and organizations external to the Board. Policy
                          changes were made on October 28, 2002, to comply with these
                          amendments.
APPLICATION:              This Item generally 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. 80.41, as they existed
                          prior to the Effective Date, with any wording changes necessary
                          to reflect legislative and regulatory changes since Policy No.
                          80.41 was issued.




October 28, 2002                                                                   R33.41-1
                                                                                 Page 2 of 2
                                                          PREVENTION MANUAL

RE:      Occupational First Aid -                                  ITEM: R33.44-1
         Certification of First Aid Attendants -
         Renewal of Certificates and Endorsements




BACKGROUND

1.       Explanatory Notes

Section 33.44 sets out the requirements for renewing a first aid certificate.

2.       The Regulation

Section 33.44(1):

         To renew a certificate or certificate endorsement, a candidate must

                  (a)   for a Level 1 certificate, successfully retake the Level 1
                        course or its equivalent,

                  (b)   for a Level 2 or 3 certificate, achieve a grade of at least 70%
                        on each of the oral, written and practical portions of the
                        examination, and

                  (c)   for a certificate endorsement, successfully retake the board's
                        training course or its equivalent.


POLICY

An applicant for renewal of a Level 2 or 3 certificate must also meet the
requirements of section 33.41.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.




October 1, 2000                                                                   R33.44-1
                                                                                Page 1 of 2
                                                   PREVENTION MANUAL


EFFECTIVE DATE:     October 1, 2000
AUTHORITY:          s.33.44, Occupational Health & Safety Regulation
CROSS REFERENCES:   See also Certification of First Aid Attendants – Eligibility for
                    Examination (Item R33.41-1)
HISTORY:            Replaces Policy No. 80.44 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. 80.44, as they existed prior to the Effective Date, with
                    any wording changes necessary to reflect legislative and
                    regulatory changes since Policy No. 80.44 was issued.




October 1, 2000                                                                 R33.44-1
                                                                              Page 2 of 2
                                                      PREVENTION MANUAL


RE:      Occupational First Aid -                              ITEM: R33.45-1
         Certification of First Aid Attendants -
         Restriction or Denial of Certification




BACKGROUND

1.       Explanatory Notes

Section 33.45 sets out circumstances in which a Level 2 or 3 certificate may be
denied or restricted.

2.       The Regulation

Section 33.45:

         Level 2 or 3 certification may be denied or may be restricted based on the
         findings of a medical examination by a physician or on the performance of
         the candidate in the first aid examination.


POLICY

The Board, or a person or organization authorized by the Board to issue a Level
2 or 3 certificate, may deny or restrict certification pursuant to section 33.45. A
listing of authorized persons and organizations is available from the Board.

Section 33.45 allows certification to be restricted or rejected where the candidate
or attendant has an impairment or medical condition which will prevent the
candidate or attendant from performing the duties of a first aid attendant without
detriment to the attendant or the injured or ill worker.

In considering whether a candidate or attendant is physically capable of acting as
a first aid attendant, the Board, or person or organization authorized by the
Board, uses the physical requirements for the job set out in the Canadian
Classification and Dictionary of Occupations (CCDO), 1980, 8th. Edition. A copy
can be obtained from the Board.

Physical impairments evaluated for the purpose of section 33.45 include, but are
not restricted to:

         •   heart problems;

         •   back problems;
October 28, 2002                                                              R33.45-1
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         •     amputations;

         •     restricted movements;

         •     hernias;

         •     respiratory problems.

Medical conditions evaluated include:

         (a)       Drug or Alcohol Addiction

         Candidates for certification or attendants who have had a drug or alcohol
         addiction must submit medical verification of one year's abstinence prior to
         examination for initial certification and renewal of certification.

         Exceptions may be granted upon written request from the candidate or
         attendant or employer. The request must document the efforts of the
         candidate or attendant to overcome the addiction. There will be
         consultation with the candidate or attendant, the candidate's or attendant’s
         employer and the candidate's or attendant’s physician or counselor before
         granting an exception.

         (b)       Epilepsy

         Candidates for certification or attendants who have experienced epileptic
         symptoms are required to submit a report from a neurologist which
         verifies:

         •     absence of seizures in the past 12 months;

         •     ability to function normally; and

         •     suppressed epileptiform activity based on a current EEG.

         Prior to renewal of initial certification, a report from a physician must be
         submitted verifying that the candidate or attendant has had no seizures
         within the immediate 12 month period preceding the renewal examination.

         (c)       Multiple Sclerosis

         Candidates or attendants must submit an annual report from a physician.
         These reports should verify that the candidate or attendant is able to
         perform the duties of a first aid attendant.




October 28, 2002                                                               R33.45-1
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                                                           PREVENTION MANUAL


         (d)       Communicable Diseases

         A candidate or attendant suffering from a communicable disease will not
         be granted an initial certificate or renewal of a certificate until medical
         information has been received verifying that the candidate or attendant
         can perform first aid duties without transmitting the disease to a patient.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:               October 28, 2002
AUTHORITY:                    s.33.45, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                      Replaces Policy No. 80.45 of the Prevention Division Policy and
                              Procedure Manual. Effective October 28, 2002, amendments to
                              the Occupational Health & Safety Regulation were made to
                              enable first aid certification and examination by authorized
                              persons and organizations external to the Board. Policy
                              changes were made on October 28, 2002, to comply with these
                              amendments.
APPLICATION:                  This Item generally 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. 80.45, as they existed
                              prior to the Effective Date, with any wording changes necessary
                              to reflect legislative and regulatory changes since Policy No.
                              80.45 was issued.




October 28, 2002                                                                      R33.45-1
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                                                            PREVENTION MANUAL


RE:      Occupational First Aid -                                     ITEM: R33.46-1
         Certification of First Aid Attendants -
         Restriction on Initial Level 3 Certification




BACKGROUND

1.       Explanatory Notes

Section 33.46(1) and (2) places restrictions on initial Level 3 certificates. Section
33.46(3)(a) – (d) outlines exceptions to those provisions.

2.       The Regulation

Section 33.46:

         (1)       If a person has been issued a Level 3 certificate for the first time,
                   the person is not eligible to renew the certificate for 12 months after
                   the date of initial certification.

         (2)       In remote "A" or "B" hazard workplaces or in "A" or "B" hazard
                   workplaces where there is a potential for delay in transporting an
                   injured worker, a person who holds a Level 3 certificate that is
                   restricted under subsection (1) may only provide first aid while
                   under the supervision of an unrestricted Level 3 attendant.

         (3)       Subsections (1) and (2) do not apply to a person who

                   (a)    is a medical practitioner licensed in BC,

                   (b)    is a nurse registered or licensed in BC,

                   (c)    is a student who has successfully completed 2 years of
                          study in a recognized school of medicine, or

                   (d)    has successfully completed a course of first aid instruction
                          acceptable to the board and has documented proof of
                          experience in pre-hospital emergency care.


POLICY

Where section 33.46(3)(a) to (c) is relied upon, proof of standing must be
produced for inspection by a person or organization authorized by the Board to
October 28, 2002                                                                    R33.46-1
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grant a Level 3 certificate prior to, during or after the written, oral and practical
examination. A listing of authorized persons and organizations is available from
the Board.

Section 33.46(3)(c) requires that the student have that status at the time of the
examination. A person who has completed the required course of study but is no
longer a student is not covered.

"Recognized school of medicine" in section 33.46(3)(c) means one recognized by
the Canadian Medical Association.

For a course of first aid instruction to be acceptable to the Board under section
33.46(3)(d), the completion date for the course or expiry date of any certificate
issued from the course should be less than 2 years old.

"Documented proof of experience in pre-hospital emergency care" in section
33.46(3)(d) requires the applicant to provide proof of employment in the field of
pre-hospital care. This should be a letter from the employer(s) stating that the
applicant was employed for 6 or more months and that his or her first aid skill
was acceptable.


PRACTICE

For any relevant PRACTICE information, readers should consult the Prevention
Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:             October 28, 2002
AUTHORITY:                  s.33.46, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                    Replaces Policy No. 80.46 of the Prevention Division Policy and
                            Procedure Manual. A housekeeping change was made on
                            December 14, 2001. Effective October 28, 2002, amendments
                            to the Occupational Health & Safety Regulation were made to
                            enable first aid certification and examination by authorized
                            persons and organizations external to the Board. Policy
                            changes were made on October 28, 2002, to comply with these
                            amendments.
APPLICATION:                This Item generally 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. 80.46, as they existed
                            prior to the Effective Date, with any wording changes necessary
                            to reflect legislative and regulatory changes since Policy No.
                            80.46 was issued.




October 28, 2002                                                                     R33.46-1
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RE:      Occupational First Aid -                                 ITEM: R33.49-1
         Instructors and Training Agencies -
         Registration of Training Agencies




BACKGROUND

1.       Explanatory Notes

Section 33.49 sets out the requirements for registration as a first aid training agency.

2.       The Regulation

Section 33.49:

         (1)      Only a training agency registered with the board may conduct board-approved
                  first aid courses.

         (2)      To register as a training agency, a person or organization must apply to the
                  board and submit confirmation of registration as a training school with the
                  Private Post Secondary Education Commission of the BC Ministry of Education,
                  if applicable, and must comply with standards set by the board.


POLICY
The first aid courses covered by section 33.49 are Levels 1, 2 and 3 and Transportation
Endorsement courses, including renewal courses.

Application for acceptance as a training agency must be submitted in writing to the Board.
The application must state the type of training agency, official name, address, telephone
number, contact person and the area(s) where classes would be conducted. The application
must be supported by:

     •         confirmation of registration as a training school with the Private Post Secondary
               Education Commission; and

     •         a letter of agreement to comply with Board policies on the administration, finances
               and procedures of training agencies and the teaching of first aid training courses.

Prior to the decision on the application, a Board Officer will inspect the training agency's
equipment and facilities.



October 1, 2000                                                                  R33.49-1
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A list of agencies that conduct first aid courses is available from the Board.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention Division’s
OHS Guidelines available on the WCB website.



EFFECTIVE DATE:             October 1, 2000
AUTHORITY:                  s.33.49, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                    Replaces Policy No. 80.49 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. 80.49, as they existed prior to the
                            Effective Date, with any wording changes necessary to reflect legislative and
                            regulatory changes since Policy No. 80.49 was issued.




October 1, 2000                                                                       R33.49-1
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RE:      Occupational First Aid -                                     ITEM: R33.50-1
         Instructors and Training Agencies -
         Requirements for Classrooms




BACKGROUND

1.       Explanatory Notes

Section 33.50(1) sets out the floor space requirements for classrooms used for instructing
first aid attendants.

2.       The Regulation

Section 33.50(1):

         The classroom used for instructing first aid attendants must meet the standards of the
         board for floor space for practical demonstration and class practice.


POLICY
The Board requires that the classroom must have sufficient clear floor space to practice first
aid without any physical barriers that would impede student practice or cause harm to any
student. A minimum of 500 sq. ft. of clear floor space must be provided.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention Division’s
OHS Guidelines available on the WCB website.


EFFECTIVE DATE:              October 1, 2000
AUTHORITY:                   s.33.50, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                     Replaces Policy No. 80.50 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. 80.50, as they existed prior to the
                             Effective Date, with any wording changes necessary to reflect legislative and
                             regulatory changes since Policy No. 80.50 was issued.




October 1, 2000                                                                        R33.50-1
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RE:      Occupational First Aid -                                ITEM: R33.51-1
         Instructors and Training Agencies -
         Class Size




BACKGROUND

1.       Explanatory Notes

Section 33.51 sets out the requirements for class size for first aid training courses.

2.       The Regulation

Section 33.51:

         (1)      For Level 1 certificate training courses, and certificate endorsement training
                  courses, the class size must not exceed 12 students except with the permission
                  of the board, and provided the instructor to student ratio does not exceed 1 to
                  12.

         (2)      For Level 2 or 3 training courses, the class size must not exceed 18 students.


POLICY
A request to increase class size of a Level 1 certificate training course or certificate
endorsement training course should be in writing to the Board.

Increases in class size for Level 2 and 3 training courses will not be authorized.


PRACTICE
For any relevant PRACTICE information, readers should consult the Prevention Division’s
OHS Guidelines available on the WCB website.




October 1, 2000                                                                 R33.51-1
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                                                  PREVENTION MANUAL


EFFECTIVE DATE:     October 1, 2000
AUTHORITY:          s.33.51, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:            Replaces Policy No. 80.51 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. 80.51, as they existed prior to the
                    Effective Date, with any wording changes necessary to reflect legislative and
                    regulatory changes since Policy No. 80.51 was issued.




October 1, 2000                                                               R33.51-1
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RE:      Occupational First Aid -                                 ITEM: R33.52-1
         Instructors and Training Agencies -
         Courses and Examinations




BACKGROUND

1.       Explanatory Notes

Section 33.52 sets out requirements for first aid courses and examinations.

2.       The Regulation

Section 33.52:

         (1)       A training agency must ensure that first aid equipment and supplies
                   required by the board are clean and ready for use in each class.

         (2)       A training agency must ensure that board-developed or equivalent
                   first aid courses are taught in accordance with training materials
                   developed or approved by the board.

         (3)       A training agency must maintain an accurate record of the
                   attendance and classroom achievement of registered candidates.

         (4)       A training agency representative must be present at course
                   updates as requested by the board.


POLICY

Section 33.52 specifies requirements that have to be met by training agencies
relating to courses and examinations.

(a)      Equipment

Section 33.52(1) provides that "a training agency must ensure that first aid
equipment and supplies required by the board are clean and ready for use in
each class".

The agencies will provide equipment set out in the list of equipment for Board
approved first aid courses.



October 28, 2002                                                                  R33.52-1
                                                                                Page 1 of 2
                                                          PREVENTION MANUAL


Some equipment may at times have to be placed onto the bodies and/or over the
faces of students. Such equipment must be kept in a sanitary condition.

(b)      Course Materials

Section 33.52(2) requires that a "training agency must ensure that board-
developed or equivalent first aid courses are taught in accordance with training
materials developed or approved by the board."

The prices for course materials are set by the President/CEO. Shipping costs
are the responsibility of the agency.

(c)      Course Updates

Section 33.52(4) requires that a "training agency representative must be present
at course updates as requested by the board."

"Course updates" are Board sponsored instructor seminars and regional agency
meetings, usually conducted on an annual basis.


PRACTICE

The prices set by the President/CEO will be in writing and publicly available.

For any other relevant PRACTICE information, readers should consult the
Prevention Division’s OHS Guidelines available on the WCB website.


EFFECTIVE DATE:             October 28, 2002
AUTHORITY:                  s.33.52, Occupational Health & Safety Regulation
CROSS REFERENCES:
HISTORY:                    Replaces Policy No. 80.52 of the Prevention Division Policy and
                            Procedure Manual. A housekeeping change was made on
                            December 14, 2001. Effective October 28, 2002, amendments
                            to the Occupational Health & Safety Regulation were made to
                            enable first aid certification and examination by authorized
                            persons and organizations external to the Board. Policy
                            changes were made on October 28, 2002, to comply with these
                            amendments.
APPLICATION:                This Item generally 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. 80.52, as they existed
                            prior to the Effective Date, with any wording changes necessary
                            to reflect legislative and regulatory changes since Policy No.
                            80.52 was issued.



October 28, 2002                                                                     R33.52-1
                                                                                   Page 2 of 2
                                                      PREVENTION MANUAL

                                    APPENDIX 1

                      INDEX OF RETIRED DECISIONS FROM
                  VOLUMES 1 – 6 (DECISIONS NO. 1 – 423) OF THE
                     WORKERS’ COMPENSATION REPORTER



EXPLANATORY NOTE:
Bylaw No. 4 (10 WCR 781) lists the policy manuals and other documents that are
“published policy of the governors” for purposes of the Workers Compensation
Act.1 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 “published policy”, the Panel of
Administrators has approved a strategy 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 or current published policy of the Governors under Bylaw
No. 4.

“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.




1
    The Prevention Manual does not appear on this list. The Prevention Manual was adopted by
    the Panel of Administrators as “published policy of the governors” in 1999.




January 1, 2003                                                                     Appendix 1
                                                                                   Page 1 of 11
                                                         PREVENTION MANUAL
This Index sets out the Decisions from volumes 1 - 6 that have been “retired” and
the “retirement date”. It will be updated as further Decisions are “retired” in the
future.2




2
    Decisions that do not appear in the Index should not necessarily be considered current
    policy. Decisions or parts of Decisions may have been replaced, either expressly or
    impliedly, by subsequent policies in the policy manuals or other policy documents. Under
    Bylaw No. 4, where there is a conflict between policy in Decisions No. 1 - 423 and policy in a
    policy manual listed in the Bylaw, the policy in the manual is paramount. In the event of any
    other conflict between policies, the most recently approved policy is paramount.




January 1, 2003                                                                          Appendix 1
                                                                                        Page 2 of 11
                                                   PREVENTION MANUAL

 DECISION No.                        TITLE                    RETIREMENT DATE

1                 Publication of Decisions                    May 1, 2000

8                 The Measurement of Partial Disability       May 1, 2000

14                Rehabilitation and Re-training              May 1, 2000

22                The Measurement of Partial Disability       May 1, 2000

24                The Revision of Appeal Procedures           May 1, 2000

26                Coverage of Workmen’s Compensation          January 1, 2003

28                Oral Enquiries on Appeals to the            May 1, 2000
                  Commissioners

32                The Employment Relationship (Taxis)         January 1, 2003

33                The Measurement of Partial Disability and   May 1, 2000
                  Proportionate Entitlements

43                The Workmen’s Compensation                  May 1, 2000
                  Amendment Act

46                The Consumer Price Index                    May 1, 2000

49                The Coverage of Workers’ Compensation       January 1, 2003

55                Rehabilitation and Re-training              May 1, 2000

58                Industries and Classifications              January 1, 2003

67                The Commutation of Pensions                 May 1, 2000

68                The Maximum Wage Rate                       May 1, 2000

73                Transcripts of Interviews                   May 1, 2000

79                Time Limit on Appeals                       May 1, 2000

82                The Consumer Price Index                    May 1, 2000

89                Personal Care Allowances                    May 1, 2000

91                Boards of Review and the Pension Plan       May 1, 2000


January 1, 2003                                                          Appendix 1
                                                                        Page 3 of 11
                                                   PREVENTION MANUAL

 DECISION No.                           TITLE                  RETIREMENT DATE

92                Allowances to Claimants                      May 1, 2000

94                Industrial Diseases                          May 1, 2000

98                Remarriage Allowances                        May 1, 2000

106               A One-Man Company                            May 1, 2000

111               A Penalty for Non-Registration               January 1, 2003

112               The Consumer Price Index                     May 1, 2000

116               The Coverage of Independent Operators        January 1, 2003

117               Adjustments According to the Consumer        May 1, 2000
                  Price Index

118               Remarriages Allowances                       May 1, 2000

119               Medical Information                          May 1, 2000

123               Changes in the Workers Compensation Act      May 1, 2000

125               The Commencement of Workers                  May 1, 2000
                  Compensation Amendment Act, 1975

136               Compensation for Hearing Loss                May 1, 2000

138               The Employment Relationship                  January 1, 2003

141               A One-Man Company                            May 1, 2000

143               The Maximum Wage Rate                        May 1, 2000

149               Commercial Stock Audits                      January 1, 2003

153               Compensation Coverage for Volunteers         May 1, 2000

154               Legal Services for Rehabilitation Purposes   May 1, 2000

155               The Commutation of Pensions                  May 1, 2000

159               The Consumer Price Index                     May 1, 2000



January 1, 2003                                                           Appendix 1
                                                                         Page 4 of 11
                                                   PREVENTION MANUAL

 DECISION No.                        TITLE                 RETIREMENT DATE

160               The Calculation of Projected Loss of     May 1, 2000
                  Earnings

161               Compensation Coverage for Volunteers     January 1, 2003

163               The Fishing Industry                     January 1, 2003

165               Compensation Coverage for Trainees       January 1, 2003

166               Adjustments According to the Consumer    May 1, 2000
                  Price Index

168               The Disclosure of Information on Claim   May 1, 2000
                  Files

169               An Employer or Independent Operator      January 1, 2003

170               The Fishing Industry                     January 1, 2003

171               Allowances to Claimants                  May 1, 2000

174               Time for Appeals                         May 1, 2000

175               The Reimbursement of Expenses            May 1, 2000

183               An Employer or an Independent Operator   January 1, 2003

184               Application of the Dual System           May 1, 2000

187               The Fishing Industry                     January 1, 2003

191               The Consumer Price Index                 May 1, 2000

193               Adjustments According to the Consumer    May 1, 2000
                  Price Index

196               Boards of Review                         May 1, 2000

201               Payments of Claims Pending Appeals to    May 1, 2000
                  the Commissioners

202               Dual System of Measuring Disability      May 1, 2000

204               The Maximum Wage Rate                    May 1, 2000


January 1, 2003                                                       Appendix 1
                                                                     Page 5 of 11
                                                 PREVENTION MANUAL

 DECISION No.                        TITLE                 RETIREMENT DATE

211               The Reimbursement of Expenses            May 1, 2000

212               Commutation of Pensions                  May 1, 2000

215               Consulting Firms                         January 1, 2003

216               The Consumer Price Index                 May 1, 2000

217               Adjustments According to the Consumer    May 1, 2000
                  Price Index

218               Commutation of Pensions                  May 1, 2000

220               Proportionate Entitlement and the Dual   May 1, 2000
                  System

223               The Fishing Industry                     January 1, 2003

224               The Fishing Industry                     January 1, 2003

225               The Fishing Industry                     January 1, 2003

226               The Fishing Industry                     January 1, 2003

229               Industries and Employment                January 1, 2003

233               Security and Investigation Services      May 1, 2000

235               Manpower Supply Agencies                 January 1, 2003

237               Complaints to the Commissioners in       May 1, 2000
                  Respect of Compensation Claims

241               Inmates on Work Release Programmes       January 1, 2003

244               The Consumer Price Index                 May 1, 2000

245               Adjustments According to the Consumer    May 1, 2000
                  Price Index

248               Class 11                                 May 1, 2000

249               Recurrence of Disability                 May 1, 2000



January 1, 2003                                                       Appendix 1
                                                                     Page 6 of 11
                                                PREVENTION MANUAL

 DECISION No.                       TITLE                     RETIREMENT DATE

254               Payment of Claims Pending Appeals to the    May 1, 2000
                  Commissioners

255               Registration of Labour Contractors as       January 1, 2003
                  Employers

257               The Maximum Wage Rate                       May 1, 2000

258               The Reimbursement of Expenses               May 1, 2000

264               Compensation Payable when Company           May 1, 2000
                  Unregistered

265               The Consumer Price Index                    May 1, 2000

266               Adjustments According to the Consumer       May 1, 2000
                  Price Index

272               Commutations                                May 1, 2000

277               The Consumer Price Index                    May 1, 2000

278               Adjustments According to the Consumer       May 1, 2000
                  Price Index

280               Appeals & Referrals to the Commissioners    May 1, 2000

284               The Maximum Wage Rate                       May 1, 2000

285               The Reimbursement of Expenses               May 1, 2000

287               Proportionate Entitlement and Dual System   May 1, 2000

290               The Consumer Price Index                    May 1, 2000

291               Adjustments According to the Consumer       May 1, 2000
                  Price Index

297               Dual System and Non-Spinal Injuries         May 1, 2000

300               Section 52 - “Special Circumstances”        May 1, 2000

303               Access to Claim Files                       May 1, 2000



January 1, 2003                                                          Appendix 1
                                                                        Page 7 of 11
                                               PREVENTION MANUAL

 DECISION No.                       TITLE                 RETIREMENT DATE

304               The Consumer Price Index                May 1, 2000

305               Adjustments According to the Consumer   May 1, 2000
                  Price Index

307               The Fishing Industry                    January 1, 2003

308               The Maximum Wage Rate                   May 1, 2000

309               The Reimbursement of Expenses           May 1, 2000

310               Commutation of Hearing Loss Pensions    May 1, 2000

311               Commutation of Pensions                 May 1, 2000

314               The Consumer Price Index                May 1, 2000

315               Adjustments According to the Consumer   May 1, 2000
                  Price Index

319               Clothing Allowances                     May 1, 2000

321               Workers Compensation Act                May 1, 2000

322               The Consumer Price Index                May 1, 2000

323               Adjustments According to the Consumer   May 1, 2000
                  Price Index

327               The Maximum Wage Rate                   May 1, 2000

328               The Reimbursement of Expenses           May 1, 2000

331               The Consumer Price Index                May 1, 2000

332               Adjustments According to the Consumer   May 1, 2000
                  Price Index

335               Principals of Limited Companies         January 1, 2003

336               The Consumer Price Index                May 1, 2000

337               Adjustments According to the Consumer   May 1, 2000
                  Price Index


January 1, 2003                                                      Appendix 1
                                                                    Page 8 of 11
                                                PREVENTION MANUAL

 DECISION No.                        TITLE                RETIREMENT DATE

338               Disclosure of Claim Files               May 1, 2000

339               The Maximum Wage Rate                   May 1, 2000

340               The Reimbursement of Expenses           May 1, 2000

342               Assessment of Employers                 May 1, 2000

344               The Consumer Price Index                May 1, 2000

345               Adjustments According to the Consumer   May 1, 2000
                  Price Index

346               Payment of Interest                     May 1, 2000

347               Oral Hearings on Appeals to the         May 1, 2000
                  Commissioners

350               Commissioners’ Decisions                May 1, 2000

351               Assessment of Employers                 January 1, 2003

352               The Consumer Price Index                May 1, 2000

353               Adjustments According to the Consumer   May 1, 2000
                  Price Index

358               The Maximum Wage Rate                   May 1, 2000

359               The Reimbursement of Expenses           May 1, 2000

361               Coverage of the Farming Industry        May 1, 2000

362               The Maximum Wage Rate                   May 1, 2000

364               Retraining of Surviving Spouses         May 1, 2000

365               The Consumer Price Index                May 1, 2000

366               Adjustments According to the Consumer   May 1, 2000
                  Price Index

370               Disclosure of Board Files               May 1, 2000



January 1, 2003                                                      Appendix 1
                                                                    Page 9 of 11
                                                 PREVENTION MANUAL

 DECISION No.                         TITLE                   RETIREMENT DATE

371               Publication of Board Manuals                January 1, 2003

372               The Consumer Price Index                    May 1, 2000

373               Adjustments According to the Consumer       May 1, 2000
                  Price Index

374               Appeals to the Commissioners                May 1, 2000

375               The Maximum Wage Rate                       May 1, 2000

376               The Reimbursement of Expenses               May 1, 2000

380               The Consumer Price Index                    May 1, 2000

381               Adjustments According to the Consumer       May 1, 2000
                  Price Index

385               The Consumer Price Index                    May 1, 2000

386               Adjustments According to the Consumer       May 1, 2000
                  Price Index

389               Refusals of Certificates of Fitness Under   May 1, 2000
                  the Mines Act

390               The Maximum Wage Rate                       May 1, 2000

391               The Reimbursement of Expenses               May 1, 2000

392               The Consumer Price Index                    May 1, 2000

393               Appeals                                     May 1, 2000

396               The Consumer Price Index                    May 1, 2000

397               The Maximum Wage Rate                       May 1, 2000

398               The Consumer Price Index                    May 1, 2000

400               The Consumer Price Index                    May 1, 2000

401               Experience Rating                           January 1, 2003



January 1, 2003                                                          Appendix 1
                                                                       Page 10 of 11
                                              PREVENTION MANUAL

 DECISION No.                        TITLE                RETIREMENT DATE

402               Adjustments According to the Consumer   May 1, 2000
                  Price Index

403               Appeals to Workers’ Compensation Review May 1, 2000
                  Board

404               The Maximum Wage Rate                   May 1, 2000

405               The Consumer Price Index                May 1, 2000

408               The Consumer Price Index                May 1, 2000

409               The Maximum Wage Rate                   May 1, 2000

410               Disclosure of Board Files               May 1, 2000

411               The Consumer Price Index                May 1, 2000

412               The Consumer Price Index                May 1, 2000

413               The Maximum Wage Rate                   May 1, 2000

414               The Consumer Price Index                May 1, 2000

415               The Consumer Price Index                May 1, 2000

416               The Maximum Wage Rate                   May 1, 2000

417               Adjustments According to the Consumer   May 1, 2000
                  Price Index

418               The Consumer Price Index                May 1, 2000

420               The Consumer Price Index                May 1, 2000

421               The Maximum Wage Rate                   May 1, 2000

422               The Consumer Price Index                May 1, 2000

423               Adjustments According to the Consumer   May 1, 2000
                  Price Index




January 1, 2003                                                     Appendix 1
                                                                  Page 11 of 11

				
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