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Interim Policy Decisions for Implementing Occupational Health and Safety Regulation
THE WORKERS' COMPENSATION BOARD OF BRITISH COLUMBIA
RESOLUTION OF THE PANEL OF ADMINISTRATORS
April 23, 1998
Re: Interim Policy Decisions for Implementing
Occupational Health and Safety Regulation
WHEREAS:
Pursuant to section 82 of the Workers Compensation Act, RSBC 1996, Chapter 492 and amendments thereto (the "Act"), the Panel of Administrators (the "Panel") must approve and superintend the policies and direction of the Workers' Compensation Board (the "Board"), including policies respecting compensation, assessment, rehabilitation and occupational safety and health;
AND WHEREAS:
The Occupational Health and Safety Regulation (the "OHS Regulation") was approved by the Panel on July 14, 1997 and took effect on April 15, 1998;
AND WHEREAS:
Revisions to the Occupational Safety and Health Division (now called the Prevention Division) Policy and Procedure Manual (the "Manual") are underway, but have not yet been completed and approved;
AND WHEREAS:
In the interim, policy decisions are required to:
- enable various authorities assigned to the President, the Prevention Division or the Vice-President of the Prevention Division under the pre-April 15, 1998 regulations to continue under the equivalent provisions of the new OHS Regulation on and after April 15, 1998,
- establish procedures for the expanded rights of appeal in relation to orders and non-issuance of orders granted by the OHS Regulation, and
- clarify the status of persons involved in the fishing industry under certain sections of the OHS Regulation;
THE PANEL OF ADMINISTRATORS RESOLVES THAT:
- The authority assigned to the President, the Prevention Division or
the Vice-President of the Prevention Division by the policies in the Manual
that are set out in the second column of the table below is continued under
the section of the OHS Regulation set out in the third column of
the table below:
Subject matter Policy no. Section of Occupational Health and Safety Regulation
Variances 1.2.5 2.5 Diver training/standards 11.06 24.12(2) Noise control 13.100 7.18 Blasting 46.06 to 46.16
46.24(2)
21.5, 21.8 and 21.10
21.14 and 21.15
First aid 80.15
80.16
80.27
80.38
80.39
80.41
80.43
80.45
80.48
80.49
80.51
80.52
33.15
33.16
33.27
33.38
33.39
33.41
33.43
33.45
33.48
33.49
33.51
33.52
- Any authority assigned to the President, the Prevention Division or
the Vice-President of the Prevention Division under the pre-April 15, 1998
regulations not mentioned in paragraph 1 is continued under the equivalent
provisions of the new OHS Regulation on and after April 15,
1998.
- The appeal structure created by policy 1.4.5 of the Manual is designated
as the "appeal to the board" under section 2.6(2) of the
OHS Regulation.
- The Prevention Division is authorized under Policy No. 85.00 of
the Manual and under section 4(2) of the Act to treat owners,
masters and crewmembers of fishing vessels as "employers" or
"workers", as the case may be, for the purpose of applying the
sections of the OHS Regulation that are equivalent to sections 2
to 8 of the Industrial Health and Safety Regulations as they were
prior to April 15, 1998.
- This resolution constitutes a policy decision of the Panel of Administrators.