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B.C. Reg. 381/2004, deposited August 4, 2004, pursuant to the WORKERS COMPENSATION ACT [Section 225 (1)]. Regulation of the Workers' Compensation Board, dated July 20, 2004.
RE: Amendments to the Occupational Health and Safety Regulation (B.C. Reg. 296/97, as amended) pertaining to miscellaneous implementation and compliance issues
WHEREAS: Pursuant to section 225 (1) of the Workers Compensation Act, R.S.B.C. 1996, c. 492 and amendments thereto ("Act"), the Workers' Compensation Board ("WCB") may make regulations the WCB considers necessary or advisable in relation to occupational health and safety and occupational environment;
AND WHEREAS: Sections 5.75, 6.126, 8.11, 9.1, 14.34, 15.6, 16.17, 16.18, 17.16 to 17.26, 19.42, 21.84, and 23.89 of the Occupational Health and Safety Regulation ("OHSR") contain requirements to address several miscellaneous occupational health and safety issues;
AND WHEREAS: A review of these miscellaneous sections was undertaken as part of the WCB's ongoing regulation review to ensure that regulatory requirements are consistent with current workplace practices, technological advances and other changes affecting occupational health and safety and occupational environment;
AND WHEREAS: The WCB, pursuant to its mandate under the Act, has proposed amendments to these miscellaneous sections of the OHSR and has given notice of, and held a public hearing on, the proposed amendments in accordance with section 226 (1) of the Act;
AND WHEREAS: The Board of Directors, after due consideration of all presentations to the WCB, considers it necessary and advisable in accordance with the WCB's mandate under the Act in relation to occupational health and safety and occupational environment to approve all the proposed amendments to the listed miscellaneous sections except those relating to section 14.34 of the OHSR;
AND WHEREAS: The Program Design Division will prepare guidelines in support of the regulatory amendments, as required;
AND WHEREAS: Pursuant to the Provincial Government's Regulatory Reform Policy, the Board of Directors has evaluated the proposed regulatory amendments according to the established regulatory criteria;
THE BOARD OF DIRECTORS RESOLVES THAT:
1. The regulatory amendments to the OHSR as set out in Appendix A are approved.
2. The Regulatory Criteria Checklist in Appendix B is approved.
3. The above regulatory amendments will be deposited with the Registrar of Regulations in such form as may be required by the Registrar.
4. The above regulatory amendments come into force January 1, 2005.
By the Workers' Compensation Board.
— DOUGLAS J. ENNS, Chair, Board of Directors.
Appendix A
THE BOARD OF DIRECTORS RESOLVES THAT:
1 Section 5.75 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended by adding to the end of paragraph (a) "other measures acceptable to the Board, or".
2 Section 6.126 is repealed and the following substituted:
6.126 (1) In the event of an emergency or accidental release, the employer must ensure that
(a) the gas supply can be shut down manually from a remote location or by the alarm system so as to isolate the reserve supply within the system and stop the generation or flow of the gas, or
(b) if the control measures required by paragraph (a) are not practicable, other effective measures, acceptable to the Board, are implemented to protect workers and other persons from exposure to the gas.
(2) When an automated or remote shut-down device is activated, the employer must ensure that operators are alerted to the emergency shut-down of the system.
3 Section 8.11 (5) is repealed.
4 The definition of "confined space" in section 9.1 is amended by striking out ""confined space" means" and substituting ""confined space", except as otherwise determined by the Board, means".
5 Table 15-1: Design factors for rigging is amended
(a) opposite "Polypropylene rope sling" by striking out "9" and substituting "6", and
(b) opposite "Chain fittings" by striking out "5" and substituting "4".
6 Section 16.17 (1) (f) is amended by adding to the end of it ", or the dimensions of which comply with ISO Standard 2867-1994, Earth-Moving Machinery — Access Systems".
7 Section 16.18 (3) is repealed.
8 Section 17.16 is repealed.
9 Section 17.17 is repealed and the following substituted:
17.17 A vessel used to transport workers must meet generally accepted standards for safety and capacity based on the use of the vessel and the conditions in which the vessel could be expected to operate.
10 Section 17.18 is repealed and the following substituted:
17.18 If the operator of a vessel transporting workers is not required to hold a certification under the Canada Shipping Act, the operator must
(a) have successfully completed a course on navigation and ship safety acceptable to the Board, or
(b) have other combination of training and experience acceptable to the Board.
11 Sections 17.19, 17.20 and 17.21 are repealed.
12 Section 17.22 is repealed and the following substituted:
17.22 (1) A vessel used to transport workers must be equipped with a two-way communication system of a design effective in the area of operation.
(2) The two-way communication system must be maintained in good operating condition, be able to establish contact with persons necessary to effect emergency response, and be immediately accessible in the event of an emergency.
13 Section 17.23 is repealed and the following substituted:
17.23 Before transporting workers on a vessel, the operator of the vessel must ensure that the vessel is capable of safely making the passage, considering the
(a) stowage and securing of all cargo, skiffs, equipment, fuel containers and supplies,
(b) ballasting, and
(c) existing and forecast weather conditions.
14 Section 17.24 is repealed and the following substituted:
17.24 (1) A vessel must be inspected before initial use to ensure that it is fit for safe operation, and after that at intervals that will prevent the development of unsafe conditions.
(2) Defects must be reported immediately, in writing, to the supervisor, employer or owner and those defects which affect the safe operation of the vessel must be remedied before the vessel is put to further use.
15 Section 17.25 is amended by striking out "boat or other".
16 Section 17.26 is repealed and the following substituted:
17.26 Searchlights or floodlights must be provided and used if necessary to facilitate safe operation of a vessel and to illuminate working or boarding areas adjacent to the vessel.
17 Section 19.42 is repealed.
18 Section 21.84 (3) is repealed and the following substituted:
(3) In a seismic blasting operation a misfired or unfired charge may be left unfired only if
(a) it cannot be conventionally and safely detonated,
(b) it is in an isolated location,
(c) it is at a depth sufficient to minimize the risk of injury to workers or other persons,
(d) its location is effectively marked, and
(e) a permanent record of its location is kept.
19 Section 23.89 (1) is repealed.
20 The above amendments come into force on January 1, 2005.
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