B.C. Reg. 105/2007, deposited April 27, 2007, pursuant to the WORKERS COMPENSATION ACT [Section 226 (1)]. Workers' Compensation Board of British Columbia, dated March 20, 2007.

THE WORKERS' COMPENSATION BOARD OF BRITISH COLUMBIA

RESOLUTION OF THE BOARD OF DIRECTORS

RE: Amendments to the Occupational Health and Safety Regulation (B.C. Reg. 296/97,
as amended), pertaining to the orientation and training of new and young workers

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 it considers necessary or advisable in relation to occupational health and safety and occupational environment;

AND WHEREAS: In October 2006, the Board of Directors ("BOD") approved the release to public hearings proposed amendments to Part 3 of the Occupational Health and Safety Regulation ("OHSR") relating to the orientation and training of new and young workers;

AND WHEREAS: The WCB has given notice of the proposed amendments and held a public hearing on the proposed amendments in accordance with section 226 (1) of the Act;

AND WHEREAS: The BOD, 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 amend Part 3 of the OHSR;

AND WHEREAS: Pursuant to the Provincial Government's Regulatory Reform Policy, the BOD has evaluated the proposed regulatory amendments according to the established regulatory criteria.

THE BOARD OF DIRECTORS RESOLVES THAT:

1. The 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 amendments will be deposited with the Registrar of Regulations in such form as may be required by the Registrar.

4. The above amendments will come into force 90 days after deposit with the Registrar of Regulations.

Appendix A

THE BOARD OF DIRECTORS RESOLVES THAT:

1 Part 3 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended by adding the following:

Young or New Workers

Definitions

3.22  In sections 3.23 to 3.25:

"new worker" means any worker who is

(a) new to the workplace,

(b) returning to a workplace where the hazards in that workplace have changed during the worker's absence,

(c) affected by a change in the hazards of a workplace, or

(d) relocated to a new workplace if the hazards in that workplace are different from the hazards in the worker's previous workplace;

"young worker" means any worker who is under 25 years of age.

Young or new worker orientation and training

3.23  (1) An employer must ensure that before a young or new worker begins work in a workplace, the young or new worker is given health and safety orientation and training specific to that young or new worker's workplace.

(2) The following topics must be included in the young or new worker's orientation and training:

(a) the name and contact information for the young or new worker's supervisor;

(b) the employer's and young or new worker's rights and responsibilities under the Workers Compensation Act and this Regulation including the reporting of unsafe conditions and the right to refuse to perform unsafe work;

(c) workplace health and safety rules;

(d) hazards to which the young or new worker may be exposed, including risks from robbery, assault or confrontation;

(e) working alone or in isolation;

(f) violence in the workplace;

(g) personal protective equipment;

(h) location of first aid facilities and means of summoning first aid and reporting illnesses and injuries;

(i) emergency procedures;

(j) instruction and demonstration of the young or new worker's work task or work process;

(k) the employer's health and safety program, if required under section 3.1 of this Regulation;

(l) WHMIS information requirements set out in Part 5, as applicable to the young or new worker's workplace;

(m) contact information for the occupational health and safety committee or the worker health and safety representative, as applicable to the workplace.

Additional orientation and training

3.24  An employer must provide a young or new worker with additional orientation and training if

(a) workplace observation reveals that the young or new worker is not able to perform work tasks or work processes safely, or

(b) requested by the young or new worker.

Documentation

3.25  An employer must keep records of all orientation and training provided under sections 3.23 and 3.24.

2 The above amendments come into force 90 days after their deposit under the Regulations Act, July 26, 2007.

Dated at Richmond, British Columbia, March 20, 2007. By the Workers' Compensation Board — DOUGLAS J. ENNS, Chair, Board of Directors.

Copyright © 2007: Queen's Printer, Victoria, British Columbia, Canada