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Release for Consultation of the 2011 Proposed Amendments to the OHSR, and Discussion paper with a Third Option in the Late Night Retail Safety Procedures and Requirements in Section 4.22.1(2)(b) of the OHSR

November 24, 2010 Update: Consultation period on the 2011 proposed regulatory amendments has been extended to December 10, 2010.

The Board of Directors (“BOD”) approved the release of the 2011 proposed amendments to the Occupational Health and Safety Regulation (“OHSR”) for consultation. The consultation phase provides stakeholders with an opportunity to provide feedback on the proposed amendments. All feedback received will be reviewed and changes made to the proposed amendments, where appropriate, prior to the proposed amendments being taken to a public hearing in May or June 2011. WorkSafeBC must hold a public hearing under the Workers Compensation Act before a regulation can be made.

In addition, the BOD approved the release of a discussion paper for consultation that considers a third option in the Late Night Retail Safety Procedures and Requirements in section 4.22.1(2)(b) of the OHSR. Stakeholders are also being asked to provide feedback on this third option. Regulatory amendments for a third option will be drafted after the consultation and these will be taken to a public hearing in May or June 2011 along with the 2011 regulatory amendments.

A consultation session has been scheduled to provide stakeholders with an opportunity to provide feedback in person regarding any of the proposed 2011 amendments or the third option in the discussion paper. Registration is not required for this session. Details of the consultation session are provided below.

Date: Wednesday, October 20, 2010
Time: 9:00 a.m. – 11:00 a.m.
Location: Executive Airport Plaza Hotel & Conference Centre
7311 Westminster Highway
Richmond, BC V6X 1A3

In addition, WorkSafeBC welcomes your written feedback on the proposed amendments by:

Online feedback: See each amendment package below for feedback form
E-mail: Regquery@worksafebc.com
Fax: 604 279-7599 or toll-free in B.C. 1 877 279-7599
Mail: Policy and Research Division
WorkSafeBC
P.O. Box 5350 Station Terminal
Vancouver BC V6B 5L5

Please ensure the part and section number of the regulation or the third option in the discussion paper that corresponds to your comments are identified. Feedback will be accepted until 4:30 p.m. on Friday, December 10, 2010. For further information please call 604 232-7744, or toll free 1 866 614-7744.

All stakeholder feedback received is carefully considered and analyzed, and provided to the Board of Directors.

2011 Proposed Amendments to the OHSR:

There are 14 regulatory amendment packages under review, which are listed below. From the regulatory packages, you will be able to access:

  • overviews of the proposed regulatory changes; and
  • proposed amendments including explanatory notes. Proposed deletions in the regulatory amendments are identified with a strikethrough and additions are in bold text and highlighted in yellow.
  1. Part 6, Substance Specific Requirements; and consequential amendments to Part 20, Construction, Excavation and Demolition,
    relating to updating asbestos requirements;

  2. Part 6, Substance Specific Requirements,
    relating to updating the reference to the Pesticide Control Act;

  3. Part 9, Confined Spaces,
    relating to clarifying that atmospheric testing must be conducted by a qualified person;

  4. Part 12, Tools, Machinery and Equipment,
    relating to safer driven-feed mobile chipper requirements;

  5. Part 14, Cranes and Hoists,
    relating to updating the reference to the Elevating Devices Safety Act;

  6. Part 15, Rigging,
    relating to wire rope splices;

  7. Part 16, Mobile Equipment,
    relating to a worker riding on a rear-mounted work platform on a vehicle for retrieving traffic cones;

  8. Part 16, Mobile Equipment,
    relating to trailer units with a dump box;

  9. Part 20, Construction, Excavation and Demolition,
    relating to new requirement that concrete pumps and placing booms meet the requirements of CSA Standard Z151-09;

  10. Part 21, Blasting Operations,
    relating to abandonment of explosives;

  11. Part 23, Oil and Gas,
    relating to updating the reference to the Power Engineers and Boiler and Pressure Vessel Safety Act;

  12. Part 28, Agriculture,
    relating to the requirement for rollover protective structures on agricultural tractors;

  13. Removal from the OHSR of the requirements for “prior approval” or
    “prior permission"
    ,
    before proceeding with certain types of work or using certain work arrangements. The sections identified for change by identifying specific requirements or referencing standards are as follows:

    • Part 5, Chemical Agents and Biological Agents, relating to extended work periods;
    • Part 14, Cranes and Hoists, relating to chimney hoists;
    • Part 19, Electrical Safety, relating to high voltage;
    • Part 21, Blasting Operations, relating to mobile drill rigs;

  14. Removal from the OHSR of the requirements for “acceptable to the Board”,
    before proceeding with certain types of work or using certain work arrangements. The sections identified for change are in Part 6, Substance Specific Requirements, and relate to:

    • the removal of asbestos debris and acceptance from the Board;
    • posting warning signs and acceptance from the Board;
    • monitors and alarms for equipment and machinery and acceptance from the Board.

Discussion Paper:

The BOD approved the release of a discussion paper for consultation that considers a third option in the Late Night Retail Safety Procedures and Requirements in Section 4.22.1(2)(b) of the OHSR. Stakeholders are also being asked to provide feedback on this third option. Regulatory amendments for a third option will be drafted after the consultation and these will be taken to a public hearing in May or June 2011 along with the 2011 regulatory amendments.

October 25, 2010 update – additional information

A summary of the research reviewed regarding the two options in the Late Night Retail Safety Procedures and Requirements (barriers and two workers) as well as a potential third option is available here.