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| B.C. Reg. 296/97 W.C.B. |
Deposited September 8, 1997 effective April 15, 1998 |
| This archived regulation consolidation is current to April 1, 2005 and includes changes enacted and in force by that date. For the most current information, click here. |
Workers Compensation Act
[includes amendments up to B.C. Reg. 73/2005, February 25, 2005]
Part 17 — Transportation of Workers
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17.1 This Part applies to all persons, including the operator, engaged in transporting workers by any type of conveyance operated on behalf of the employer.
17.2 If workers are required to travel on a private road or a resource access road the employer must ensure that reasonable measures are taken to evaluate road, weather and traffic conditions to ensure the safe transit of the workers.
17.3 (1) When feasible, a vehicle used to transport workers must have seats with full seat backs and seat belts must be of the 3 point variety.
(2) Repealed. [B.C. Reg. 312/2003, App. E, s. 8.]
(3) Seated workers must wear seat belts while being transported in a vehicle equipped with seat belts.
[am. B.C. Reg. 312/2003, App. E, s. 8.]
17.4 A worker must not ride in a vehicle
(a) in a standing position, unless protected from being thrown off balance, or
(b) with any part of the body outside the vehicle unless essential to the work process, and then only if the worker is adequately restrained.
17.5 (1) Materials, goods, tools or equipment carried in a portion or compartment of a vehicle in which workers are riding must be located and secured to prevent injury to the operator or workers.
(2) If materials, goods, tools or equipment are regularly carried in a worker transportation vehicle there must be a designated area in the vehicle for transporting these items.
17.6 The transportation of hazardous materials in a vehicle transporting workers is restricted as follows:
(a) Repealed. [B.C. Reg. 312/2003, App. D, s. 16.]
(b) if it is necessary to carry volatile, flammable, or otherwise hazardous materials, the materials must be carried in isolated compartments which are
(i) accessible only from outside the vehicle, are securely fastened and are fitted with adequate ventilation and drainage facilities, and
(ii) if internal to the vehicle, separated from the crew compartment by an approved firewall.
[am. B.C. Reg. 312/2003, App. D, s. 16.]
17.7 An animal must not be carried in the operator's cab or passenger compartment of a vehicle transporting workers unless appropriate facilities are provided for this purpose.
17.8 Any enclosed portion or compartment of a vehicle in which workers are transported must have
(a) effective ventilation, independent of doors, providing clean air,
(b) adequate lighting and means for heating and cooling,
(c) an effective means of communication between the operator and passengers, and
(d) more than one means of exit.
17.9 (1) A worker must not board or leave any vehicle while it is in motion, except in case of emergency.
(2) Adequate docking facilities must be provided if necessary to ensure safe worker access and egress to marine craft and float-equipped aircraft.
(3) A walkway on a docking facility must have a surface finish or otherwise be maintained in a manner which minimizes the risk of a worker slipping.
17.10 (1) Vehicles operated by or on behalf of the employer primarily to transport workers must
(a) be of a design and construction acceptable to the Board,
(b) be suited to the type of use, terrain and weather,
(c) have bodies of strong and rigid construction, securely fastened to the vehicle chassis,
(d) have rear or side doors with latches operable from inside and outside, with side doors on the right side of the vehicle,
(e) be fitted with at least one emergency exit, on the left side or rear of the vehicle, operable from both inside and outside, and unlocked while the vehicle is in use,
(f) have safe means of entry and exit with non-slip steps and handholds,
(g) be fitted with adequate service brakes and a mechanical parking brake, and
(h) be equipped with appropriate first aid equipment determined under section 3.16 or 3.20, and with appropriate fire extinguishers in good working order.
(2) A vehicle used to transport workers off road must have
(a) service brakes capable of stopping and holding the fully loaded vehicle on the maximum slope the vehicle can climb or at the maximum specified operating slope,
(b) a primary and secondary braking system with the secondary braking system having at least 50% of the braking capability of the primary braking system,
(c) if components are shared between the primary and secondary braking systems, a design such that failure of any one component will not disable both brake systems,
(d) if the service brake operates on the drive train, a design such that failure of any one component of the drive train will not reduce the braking capability to less than 50% of the primary brake system, and
(e) a mechanical parking brake capable of holding the vehicle in place on a slope of at least 15%.
[am. B.C. Reg. 348/2003, s. 5.]
17.11 (1) A worker transportation vehicle must be operated by a competent driver licensed under the provisions of the Motor Vehicle Act, and if required, the Highway (Industrial) Act.
(2) All doors must be closed and latched while the vehicle is in motion.
(3) Smoking must not be permitted in a worker transportation vehicle.
(4) The parking brake must be engaged when the vehicle is left unattended and the wheels blocked or chocked if the circumstances require.
(5) A worker transportation vehicle must be inspected before first use on a work shift, and properly maintained to ensure it is safe for use.
(6) Any defect which might affect the safety of workers must be corrected before using the vehicle.
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.
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.
17.14 If a worker transportation vehicle will carry 12 or more passengers, it must have an aisle at least 25 cm (10 in) wide providing access from each seat to a regular entry/exit door, and also to an alternate or emergency exit.
17.15 Repealed. [B.C. Reg. 312/2003, App. E, s. 9.]
17.16 Repealed. [B.C. Reg. 381/2004, s. 8.]
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.
[en. B.C. Reg. 381/2004, s. 9.]
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.
[en. B.C. Reg. 381/2004, s. 10.]
17.19 to 17.21 Repealed. [B.C. Reg. 381/2004, s. 11.]
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.
[en. B.C. Reg. 381/2004, s. 12.]
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.
[en. B.C. Reg. 381/2004, s. 13.]
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.
[en. B.C. Reg. 381/2004, s. 14.]
17.25 A vessel used by workers wearing caulked boots must be fitted with deck matting or other covering which provides safe footing for workers, and the covering must be maintained in good condition.
[am. B.C. Reg. 381/2004, s. 15.]
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.
[en. B.C. Reg. 381/2004, s. 16.]
17.27 Repealed. [B.C. Reg. 312/2003, App. H, s. 1.]
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