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Policy decisions finalized at the July 2004 WCB Board of Directors meetings

The following resolutions were finalized by the WCB Board of Directors in July 2004. For information about the function and mandate of the Board of Directors, please see Governing Structure.

Workplace Conduct and Violence in the Workplace

Part 4 of the Occupational Health and Safety Regulation contains performance-based requirements for addressing workplace conduct and violence in the workplace. Generally, employers are required to conduct a risk assessment and develop work procedures and policies to eliminate or minimize the risk of violence from the general public to workers.

During its meeting on July 20, 2004, the Board of Directors considered proposed regulatory amendments which would expand the definition of violence to include worker-to-worker incidents, and would provide new requirements to address "improper conduct" (e.g., intimidation and bullying). The proposed amendments were drafted in response to a recent inquest by the Coroner's Court of BC into the tragic fatal shooting of two government workers in Kamloops by a co-worker.

After careful consideration of the issues and concerns raised during the public hearing, the Board of Directors has determined that further analysis and consultation is required. As a result, the issue will be brought forward for redevelopment during the next phase of regulation review.

August 2005 Update

Noise, Vibration, Radiation and Temperature Requirements in the Occupational Health and Safety Regulation

Part 7 of the Occupational Health and Safety Regulation ("OHSR") contains regulatory requirements with respect to a worker's exposure to noise, vibration, radiation and temperature (heat and cold stress). The current requirements are outdated, often very technical in nature and require professional expertise for implementation.

During its meeting on July 20, 2004, the Board of Directors approved amendments to Part 7 to streamline and clarify existing requirements, update editions of existing referenced standards, as well as introduce new standards based on current science and best practices. The new standards are:

  • Noise: Changing the peak exposure limit for noise from 135 dBA to 140 dBC peak sound level.
  • Vibration: Adopting the American Conference of Governmental Industrial Hygienists ("ACGIH") publication, Threshold Limit Values and Biological Exposure Indices, as a standard for addressing exposure to hand-arm vibration. The ACGIH standard provides vibration exposure limits, which are new requirements.
  • Radiation: Changing the current requirement for a radiation survey of work areas influenced by radiation-producing equipment to be conducted every two years to only when equipment is modified or damaged, and as otherwise directed by the Workers' Compensation Board.
  • Temperature: Replacing Tables 7-2, 7-3 and 7-4 in the OHSR, which provide technical information about exposure levels for heat and cold stress, with a reference to the ACGIH publication, Threshold Limit Values and Biological Exposure Indices. The heat and cold stress sections of the ACGIH publication provide instructions for calculating heat and cold exposure levels, as well as information on addressing matters such as workload, work-rest cycles and the state of acclimatization of the worker for heat stress; and work-warm-up schedules and wind chill for cold stress.

In addition, in response to submissions received during the recent public hearing, the following changes to the proposal that went to public hearing were approved:

  • Maintaining the current approach to referencing external third party standards in the regulations, with the addition of the phrase "as amended from time to time" to allow flexibility to adopt updated editions of the standard.
  • Retaining the existing retention period requirements for records relating to radiation surveys and a worker's exposure to radiation.
  • Keeping the existing requirement for an employer to provide and maintain a supply of cool potable water for a heat-exposed worker.

The amendments come into effect on January 1, 2005.

You may examine the complete resolution. For your convenience, you may also view a strikethrough version of the regulatory amendments.

For more information about this package of regulatory amendments, please contact Freda Jung at (604) 276-5160. It is anticipated that the Program Design Division will publish practice guidelines to help workplace parties understand and comply with the amendments. For information about these guidelines, please contact Rex Eaton at 604 279-7426.

Amendments to Resolve Certain Implementation and Compliance Issues in Miscellaneous Sections of the Occupational Health and Safety Regulation

Effective January 1, 2005, the Board of Directors has approved amendments to miscellaneous sections of the Occupational Health and Safety Regulation ("OHSR") to resolve certain implementation and compliance issues. These amendments relate to the 10 topics set out below.

  1. Chemical and Biological Substances (Section 5.75): adding a provision to allow employers to keep pace with advancing technology by using alternative measures to control emissions from mobile equipment, provided that such measures are acceptable to the Workers' Compensation Board ("WCB").
  2. Substance Specific Requirements (Section 6.126): adding a provision to allow employers to use alternative measures to control reserve gas when the prescribed methods (i.e., a remote manual shut down system or an automatic alarm shut down system) are not practical and when such measures are acceptable to the WCB.
  3. Personal Protective Clothing and Equipment (Section 8.11): deleting a requirement that safety headgear be manufactured with a four point chin strap attachment to recognize (a) general industry practice of using two point chin strap safety headgear, and (b) that there is no evidence that additional chin strap points will significantly reduce injuries.
  4. Confined Spaces (Section 9.1): revising the definition of "confined space" to provide the WCB with the discretion to exclude certain low-hazard areas, such as elevators, which were never meant to be captured by this term.
  5. Rigging (Section 15.6): revising the design factors for a rigging assembly to reflect current standards for polypropylene rope slings and chain fittings.
  6. Mobile Equipment (Sections 16.17 and 16.18): changing two requirements in respect of mobile equipment (i.e., alternate means of escape from a cab and operating controls) to bring them in line with current industry standards.
  7. Transportation of Workers (Sections 17.16 to 17.26): changing several requirements in respect of marine craft to reduce overlap with federal regulations, keep up with improving technology, and establish more objective measures of a vessel operator's qualifications.
  8. Electrical Safety (Section 19.42): deleting the requirement for the approval or certification of electrofishing equipment because neither appropriate testing nor an approval agency exists.
  9. Blasting Operations (Section 21.84): revising the requirements regarding a misfired or unfired seismic blasting charge to address circumstances in which the existing requirements (i.e., that the charge be at least 20 feet deep) are not practicable while maintaining the provision's intent to prevent the risk of injury to workers and others at the site.
  10. Oil and Gas (Section 23.89): deleting a prohibition on installing pressure relief devices on gas sample containers to eliminate a conflict with federal requirements in Canada and the United States.

You may examine the complete resolution. For your convenience, you may also view a strikethrough version of the regulatory amendments.

The miscellaneous package of proposed regulatory amendments which went out for public hearing between January 16 and April 16, 2004 also addressed the issue of crane and hoist operator qualifications as set out in section 14.34 of the OHSR. The amendment proposed deleting a requirement that crane and hoist operators have specific qualifications and adding a requirement that employers determine if a person is qualified to operate a crane or hoist by applying training criteria and evaluation processes that would be acceptable to the WCB. This proposal was not approved. Further analysis and consultation will be undertaken to address the issues raised during the public hearing.

For further information about this package of regulatory amendments please contact Karen Lindsay at (604) 276-5160. We anticipate that the Program Design Division will publish practice guidelines to help work place parties understand and comply with the new requirements with respect to confined spaces and electrofishing.

For more information about these guidelines, please contact Rex Eaton at 604 279-7426.

Occupational Exposure Limits

On July 20, 2004, the Board of Directors approved amendments to policy item R5.48-1 of the Prevention Manual. A review of the policy was conducted to ensure that all substances for which an exception was warranted were listed in policy, and that no information was duplicated by the American Conference of Governmental Industrial Hygienists. Four categories of amendments were identified and released to public hearing. The amendments address a number of minor "housekeeping" issues regarding the current list of 169 excluded substances. The amendments reduce the list of excluded substances by 50, while maintaining the current standard of protection for worker health and safety.

The amended policy comes into effect on August 1, 2004, and applies to all regulatory violations discovered on or after that date.

You may also examine the complete resolution (PDF 76kb).

For more information regarding this policy, please contact Melinda Kulbaba at 604-276-5160. For more information on the supporting guidelines, please contact the Program Design Division at 604 279-7426.