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The Occupational Health and Safety Regulation Environmental Tobacco Smoke Sections 4.81, 4.82, 4.83

2001/03/07-01

THE WORKERS' COMPENSATION BOARD OF BRITISH COLUMBIA

RESOLUTION OF THE PANEL OF ADMINISTRATORS

Re: The Occupational Health and Safety Regulation Environmental Tobacco Smoke Sections 4.81, 4.82, 4.83

WHEREAS:

Pursuant to Section 225(1) of the Workers Compensation Act, R.S.B.C. 1996, c.492 and amendments thereto (the "Act"), the Workers’ Compensation Board of BC (the "Board") may make regulations the Board considers necessary or advisable in relation to occupational health and safety and occupational environment;

AND WHEREAS:

Sections 4.81, 4.82 and 4.83 of Part 4 of the Occupational Health and Safety Regulation, BC Reg. 296/97, (the "OHSR") pertain to environmental tobacco smoke;

AND WHEREAS:

The Board, pursuant to its mandate under the Act, has proposed amendments to Sections 4.82(3) and 4.83 of the OHSR and has given notice of the proposed regulation and held public hearings on the proposed regulation in accordance with Section 226(1) of the Act;

AND WHEREAS:

The Panel of Administrators, after due consideration of all presentations to the Board, considers it necessary and advisable in accordance with the Board’s mandate under the Act in relation to occupational health and safety and occupational environment to amend Sections 4.82(3) and 4.83 of the OHSR;

THE PANEL OF ADMINISTRATORS RESOLVES THAT:

  1. Sections 4.82(3) and 4.83 of Part 4 of the Occupational Health and Safety Regulation, BC Reg. 296/97, are amended by: (a) repealing Section 4.83, and (b) repealing Section 4.82(3) and substituting the following:

4.82(3) An employer must ensure that a worker does not work in an indoor area where smoking is permitted except if:

    1. the worker must enter the indoor area to respond to an emergency endangering life, health or property,
    2. the worker must enter the indoor area to investigate for illegal activity, or
    3. the tobacco smoke has been effectively removed.
  1. The above amendments to Sections 4.82(3) and 4.83 of the Occupational Health and Safety Regulation, BC Reg. 296/97, will be deposited with the Registrar of Regulations in such form as may be required by the Registrar.
  2. The above amendments to Sections 4.82(3) and 4.83 of the Occupational Health and Safety Regulation, BC Reg. 296/97, come into force September 10, 2001. 

DATED at Richmond, British Columbia, March 7, 2001

 

 

By the Workers' Compensation Board

 
  MAUREEN NICHOLLS, CHAIR
PANEL OF ADMINISTRATORS