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R2.2-1 RE: Application - General Duty ("Undue Risk")

Policies Part 2 - Application

Policy Item R2.2-1
RE: Application - General Duty ("Undue Risk")

1. Explanatory Notes
Section 2.2 provides a general duty to carry out all work without undue risk.

2. The Regulation
Section 2.2:
Despite the absence of a specific requirement, all work must be carried out without undue risk of injury or occupational disease to any person.

Section 2.2 allows an order to be issued requiring the elimination of undue risk to any worker from a hazardous work activity not covered by a specific section of the Regulation. Undue risk means a greater than normal probability continued exposure to the work, or working conditions, will result in injury or adverse health effect.

An order issued using section 2.2 must identify in the body of the order the condition causing undue risk.

If the requirements of a specific section of the Regulation applicable to another industry or the requirements of another regulatory agency could provide guidance for elimination of the undue risk, the order may quote and/or refer to the specific section or regulatory requirement.

Officers must promptly inform their manager when an order is issued using section 2.2.

EFFECTIVE DATE: April 1, 2001
AUTHORITY: s. 2.2, Occupational Health and Safety Regulation
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice reference and make formatting changes.
Replaces Policy No. 2.04 of the Prevention Division Policy and Procedure Manual
APPLICATION: This Item results from the 2000/2001 "editorial" consolidation of all prevention policies into the Prevention Manual. The POLICY in this Item merely continues the substantive requirements of Policy No. 2.04, as they existed prior to the Effective Date, with any wording changes necessary to reflect legislative and regulatory changes since Policy No. 2.04 was issued.

Disclaimer: The Workers' Compensation Board of B.C. ("WorkSafeBC") publishes the online version Occupational Health and Safety Regulation ("OHS Regulation") in accordance with its mandate under the Workers Compensation Act to provide information and promote public awareness of occupational health and safety matters. The online OHS Regulation is not the official version of the OHS Regulation, which may be purchased from Crown Publications. WorkSafeBC endeavours to update the online OHS Regulation as soon as possible following any legislative amendments. However, WorkSafeBC does not warrant the accuracy or the completeness of the online OHS Regulation, and neither WorkSafeBC nor its board of directors, employees or agents shall be liable to any person for any loss or damage of any nature, whether arising out of negligence or otherwise, arising from the use of the online OHS Regulation. Employers are legally obligated to make a copy of the Workers Compensation Act and the OHS Regulation readily available for review by workers. The circumstances under which WorkSafeBC may consider an employer's providing access to electronic versions of the Act and OHS Regulation to have satisfied this obligation are described in Guideline G-D3-115(2)(f).