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Policies Part 24 Contents

FISHING OPERATIONS

R24.69-1 RE: Diving, Fishing and Other Marine Operations - Fishing Operations - General Requirements - Application
R24.70-1 RE: Fishing Operations - Compliance with Standards
R24.71-1 RE: Fishing Operations - Owner and Master Responsibilities
R24.72-1 RE: Fishing Operations - Documentation
R24.73-1 RE: Fishing Operations - Instruction
R24.74-1 RE: Fishing Operations - Emergency Procedures
R24.75-1 RE: Fishing Operations - Crewmember Responsibility
R24.76-1 RE: Fishing Operations - Vessel Preparation
R24.77-1 RE: Fishing Operations - Reporting Injuries
R24.80-1 RE: Fishing Operations - Slipping and Tripping Hazards
R24.83-1 RE: Diving, Fishing and Other Marine Operations - Fishing Operations - General Requirements - Access and Egress
R24.84-1 RE: Diving, Fishing and Other Marine Operations - Fishing Operations - General Requirements - Protection from Falling
R24.85-1 RE: Fishing Operations - Deck Openings
R24.86-1 RE: Diving, Fishing and Other Marine Operations - Fishing Operations - General Requirements - De-energization
R24.87-1 RE: Fishing Operations - Equipment Control Devices
R24.90-1 RE: Fishing Operations - Ventilation
R24.97-1 RE: Fishing Operations - Crewmember Overboard (Immersion Suits)
R24.98-1 RE: Fishing Operations - Davits
R24.100-1 RE: Fishing Operations - Ozone Generators

Policies Part 24 - Diving Operations

Policy Item R24.7-1
RE: Diving, Fishing and Other Marine Operations - Diving Operations - General Requirements - Application (Variances)
BACKGROUND

1. Explanatory Notes
Sections 24.7 to 24.68 set out the requirements for occupational diving operations.

2. The Regulation
Section 24.7:

Sections 24.7 to 24.68 apply to all persons involved in any occupational diving operation.

POLICY

An employer planning to use a diving procedure different from the requirements of the Regulation must request a variance under Division 9 of the Act. The application for the variance must include details of the proposed procedure.

If the variance is granted, the variance order will include explicit terms controlling the dive. A copy of the variance must be posted at the workplace under section 169(3) of the Act.

Officers inspecting such diving operations must ensure the terms of the variance are being met. If not, an order is to be issued stopping the operations.

If a copy of the variance is not available at the dive site, only diving activities conforming to the Regulation are permitted.


EFFECTIVE DATE: April 1, 2001
AUTHORITY: s. 24.7, Occupational Health and Safety Regulation
CROSS REFERENCES: Division 9, Workers Compensation Act
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice reference and make formatting changes.
Replaces Policy No. 11.02 of the Prevention Division Policy and Procedure Manual. A housekeeping change was made on December 14, 2001.
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. 11.02, as they existed prior to the Effective Date, with any wording changes necessary to reflect legislative and regulatory changes since Policy No. 11.02 was issued.

Policies Part 24 - Fishing Operations

Policy Item R24.69-1
RE: Diving, Fishing and Other Marine Operations - Fishing Operations - General Requirements - Application

BACKGROUND
1. Explanatory Notes
Sections 24.70 to 24.143 of the Regulation set out the requirements for fishing operations. Section 24.69 identifies the persons to whom these requirements apply.

2. The Regulation
Section 24.69:

Sections 24.70 to 24.143 apply to all owners, masters and crewmembers of licensed commercial fishing vessels.

Section 24.1:

"owner" for the purposes of sections 24.69 to 24.143, means the person who holds legal title to a fishing vessel and also includes a charterer of a fishing vessel

"master" for the purposes of sections 24.69 to 24.143, means the person in overall command of a fishing vessel

"crewmember" for the purposes of sections 24.69 to 24.143, means any person who is working on a fishing vessel

POLICY
(a) Owner
"Owner" includes a charterer of a fishing vessel. Whenever a Board officer finds a violation of a section of the Regulation that expressly makes the "owner" responsible and the vessel has been chartered, the order will be made both against the person holding the legal title and the charterer.

(b) Master
The master may be a "supervisor" for the purpose of other sections of the Regulation and the Act.

(c) Crewmember
The definition of "crewmember" includes all persons employed in the harvesting or transporting of fish on a fishing vessel. It includes the "master", and the "owner" when he or she is working on the vessel.

Sections 24.69 to 24.143 do not apply to passengers or other persons who do no work on the vessel or employees of contractors who come on board to repair the vessel while it is in harbour. The latter are, however, subject to other sections of the Regulation.

(d) Application
Many provisions of sections 24.69 to 24.143 impose obligations on the "owner", "master" or "crewmember". Some do not specifically impose an obligation on any person. These will apply to owners, masters and crewmembers, as appropriate.

Sections 24.69 to 24.143 cover all commercial fishing activities conducted from licensed vessels, including geoduck divers. Among the activities not covered are:

  • fishing operations conducted entirely on shore, such as clam diggers;
  • operations that fall within the category of fish farms, such as oyster farms; and
  • fishing done for the purpose of obtaining the fisher's own food.

Sections 24.69 to 24.143 apply to activities incidental to fishing operations that are carried out on land, such as on the dock where the vessel is moored or in a locker where the vessel's gear is stored. The regular maintenance or minor repair of a fishing vessel conducted by the owner, master or crew or individual workers hired by the owner or master is also covered.

Sections 24.69 to 24.143 do not apply to constructing a fishing vessel or doing major repairs.


EFFECTIVE DATE: July 1, 2003
AUTHORITY: ss. 24.1 and 24.69, Occupational Health and Safety Regulation
CROSS REFERENCES:  
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice reference and make formatting changes.
Replaces Policy Nos. 85.01 and 85.2 of the Prevention Division Policy and Procedure Manual. A housekeeping change was made on December 14, 2001. Effective July 1, 2003, the definition of crewmember under section (c) clarified and the reference to the now defunct personal commercial fishing licenses was removed.
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 Nos. 85.01 and 85.2, as they existed prior to the Effective Date, with any wording changes necessary to reflect legislative and regulatory changes since Policy Nos. 85.01 and 85.2 were issued.

Policy Item R24.70-1
RE: Fishing Operations - Compliance with Standards

BACKGROUND
1. Explanatory Notes
Section 24.70 sets out requirements relating to the construction and ongoing seaworthiness of fishing vessels.

2. The Regulation
Section 24.70:

All fishing vessels must

(a) be maintained in seaworthy condition, and

(b) if constructed after January 1, 1995, be built in accordance with applicable Canadian Coast Guard Regulations, or other standard acceptable to the board.

POLICY
(a) Seaworthiness
"Seaworthy" is defined in Kerchove's International Maritime Dictionary (2nd Edition) as:

The sufficiency of a vessel in materials, construction, equipment, crew and outfit for the trade or service in which it is employed….

It involves consideration of a number of factors, including:

  • construction, structure and stability of the vessel;
  • machinery and equipment on the vessel;
  • load being carried and its distribution on the vessel;
  • place or places to which the vessel will be voyaging; and
  • weather and sea conditions that the vessel is likely to encounter.

Section 24.70 imposes a general obligation to keep a vessel seaworthy. No person is expressly made responsible to do this, but the responsibility will normally be on the owner or master. The owner will be responsible where there is no master in charge of the vessel or the lack of seaworthiness relates to the structure or equipment of the vessel. The master may be found responsible for a lack of seaworthiness relating to structure and equipment where it arises during a voyage. The master will be responsible where the lack of seaworthiness relates to the operation of the vessel.

Where a Board officer considers that a vessel is clearly unseaworthy, he or she will make an order to correct the situation. Where the officer has a concern over seaworthiness but is not sure, and the vessel is over 15 tons, the officer may require production of the vessel's Canada Steamship Inspection certificate issued under the Canada Shipping Act. If no certificate is available, the officer may order that one be obtained. Where the vessel is less than 15 tons, the officer may consult with the Canada Coast Guard for advice as to the seaworthiness of the vessel and whether applicable federal regulations have been complied with. The officer may order that a survey be conducted by a marine surveyor, architect or engineer if he or she considers that there is a serious question as to the seaworthiness of a boat. The officer may accept a certificate of inspection by a marine insurance company as evidence of seaworthiness where accompanied by a survey carried out by or on behalf of the company.

(b) Construction Standards
Until the Canada Coast Guard regulations (the Small Fishing Vessel Safety Regulations proposed under the Canada Shipping Act) referred to in section 24.70(b) are in effect, the Board will accept the March, 1993 published draft of these regulations as the standard to which new vessels must be constructed after January 1, 1995.

In determining whether a vessel was constructed before or after January 1, 1995, regard will be had to the date the keel was laid.


EFFECTIVE DATE: July 1, 2000
AUTHORITY: s. 24.70, Occupational Health and Safety Regulation
CROSS REFERENCES: See Fishing Operations - Vessel Preparation (R24.76-1)
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice reference and make formatting changes.
Replaces Policy No. 85.4 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. 85.4, as they existed prior to the Effective Date, with any wording changes necessary to reflect legislative and regulatory changes since Policy No. 85.4 was issued.

Policy Item R24.71-1
RE: Fishing Operations - Owner and Master Responsibilities

BACKGROUND
1. Explanatory Notes
Section 24.71 sets out various responsibilities of owners and masters of fishing vessels.

2. The Regulation
Section 24.71

(1) An owner of a fishing vessel must ensure that all machinery and equipment on board a fishing vessel is capable of safely performing the functions for which it is used.

(2) The owner must ensure that major modifications to a fishing vessel do not adversely affect the stability of the vessel.

(3) The master of a fishing vessel must ensure that

(a) machinery and equipment is properly maintained and functions safely during the voyage, and

(b) any replacement equipment meets the requirements of this Part.

POLICY
The owner's responsibility under section 24.71(1) is to ensure that the machinery and equipment placed on board before the start of the season is appropriate for the size of the vessel and the fishery in which it will be engaged. The machinery and equipment must be working and must meet all the requirements of the Regulation.

Section 24.71 does not specify who provides or pays for equipment. That is a matter of contract between the parties or, in certain situations, may be covered by other regulatory requirements. The owner's obligation under section 24.71(1) extends to machinery and equipment brought on board by the master and crewmembers.

After the machinery and equipment has been provided by the owner, section 24.71(3) states that the master must ensure it is maintained until the end of the voyage. The master must also ensure that, where equipment must be replaced during the voyage, it meets the requirements of the Regulation. A voyage will generally continue until the vessel returns to its home port, regardless of short stop-overs in other ports. However, there may be situations where the voyage ends at another port.


EFFECTIVE DATE: July 1, 2000
AUTHORITY: s. 24.71, Occupational Health and Safety Regulation
CROSS REFERENCES:  
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice reference and make formatting changes.
Replaces Policy No. 85.5 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. 85.5, as they existed prior to the Effective Date, with any wording changes necessary to reflect legislative and regulatory changes since Policy No. 85.5 was issued.

Policy Item R24.72-1
RE: Fishing Operations - Documentation

BACKGROUND
1. Explanatory Notes
Section 24.72 requires fishing vessel owners to provide certain documentation on board the vessel that is readily accessible to crewmembers.

2. The Regulation
Section 24.72:

The owner of every fishing vessel must provide documentation on board, readily accessible to crewmembers, which describes

(a) engine room instructions,

(b) vessel characteristics, including stability,

(c) the location and use of firefighting equipment, and

(d) the location and use of emergency equipment, including radio equipment.

POLICY
Under section 24.72(b), the owner must give notice of unique features of the vessel which might not otherwise be known to a new master and crew and which might cause hazards in certain situations if the boat is not properly handled. This includes instructions on how to perform operations on the vessel without impairing its stability and seaworthiness.


EFFECTIVE DATE: July 1, 2000
AUTHORITY: s. 24.72, Occupational Health and Safety Regulation
CROSS REFERENCES:  
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice reference and make formatting changes.
Replaces Policy No. 85.6 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. 85.6, as they existed prior to the Effective Date, with any wording changes necessary to reflect legislative and regulatory changes since Policy No. 85.6 was issued.

Policy Item R24.73-1
RE: Fishing Operations - Instruction

BACKGROUND
1. Explanatory Notes
Section 24.73 requires fishing vessel masters to provide crewmembers with certain instruction before the start of the season.

2. The Regulation
Section 24.73:

(1) Before the start of each fishing season, the master must ensure that each crewmember is instructed in the operational characteristics of the fishing vessel including

(a) the location and use of safety equipment, engine room components and controls,

(b) deck equipment and rigging,

(c) navigation equipment and electronic aids,

(d) fishing equipment and its use, including safe work practices for each fishery the vessel will be engaged in,

(e) procedures for anchoring the vessel,

(f) the location and use of emergency equipment, including firefighting and radio equipment, and

(g) escape routes in the event of fire.

(2) The master must ensure as far as is reasonably practicable, that the instruction required by subsection (1) results in each crewmember being able to apply the information as needed to protect the crewmember's health and safety.

(3) New crewmembers joining the vessel must be instructed in accordance with the requirements of this section at the time that they join the vessel.

POLICY
The information provided and testing carried out under section 24.73(1) and (2) will vary to a certain extent according to the job of the person being instructed. Some of the operational characteristics of the fishing vessel will affect the health and safety of all crewmembers and everyone should know about them. However, other characteristics will only affect certain crewmembers and they must receive individual instruction about the features and operations with which they are concerned.

With regard to section 24.73(3) the instructions must be given prior to sailing.


EFFECTIVE DATE: July 1, 2000
AUTHORITY: s.24.73, Occupational Health and Safety Regulation
CROSS REFERENCES:  
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice reference and make formatting changes.
Replaces Policy No. 85.7 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. 85.7, as they existed prior to the Effective Date, with any wording changes necessary to reflect legislative and regulatory changes since Policy No. 85.7 was issued.

Policy Item R24.74-1
RE: Fishing Operations - Emergency Procedures

BACKGROUND
1. Explanatory Notes
Section 24.74 requires fishing vessel masters to establish procedures for various types of emergencies.

2. The Regulation
Section 24.74:

(1) The master must establish procedures and assign responsibilities to each crewmember to cover all emergencies including

(a) crewmember overboard,

(b) fire on board,

(c) flooding of the vessel,

(d) abandoning ship, and

(e) calling for help.

(2) The master must ensure that drills are conducted at the start of each fishing season, when there is a change of crew, and at periodic intervals to ensure that crewmembers are familiar with emergency procedures.

POLICY
With regard to section 24.74(2), a "drill" involves actually using the equipment to the extent that this is practicable without damaging the equipment or creating a hazard. It is not necessary to inflate life rafts on every occasion.

A one person crew is expected to carry out a drill to the extent it is practicable.

How frequently drills are held will depend on how familiar the crew are with the emergency procedures. More drills may be necessary with a new crew than with an experienced crew.


EFFECTIVE DATE: July 1, 2000
AUTHORITY: s. 24.74, Occupational Health and Safety Regulation
CROSS REFERENCES:  
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice reference and make formatting changes.
Replaces Policy No. 85.8 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. 85.8, as they existed prior to the Effective Date, with any wording changes necessary to reflect legislative and regulatory changes since Policy No. 85.8 was issued.

Policy Item R24.75-1
RE: Fishing Operations - Crewmember Responsibility

BACKGROUND
1. Explanatory Notes
Section 24.75 sets out various responsibilities of crewmembers of fishing vessels.

2. The Regulation
Section 24.75:

Crewmembers must take all reasonable precautions necessary to ensure the health and safety of themselves and other persons on board the fishing vessel.

POLICY
This provision establishes a crewmember's responsibility to use personal protective equipment where required, to follow safe work practices, to point out hazards to other crewmembers, and to discourage horseplay.


EFFECTIVE DATE: July 1, 2000
AUTHORITY: s. 24.75, Occupational Health and Safety Regulation
CROSS REFERENCES:  
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice reference and make formatting changes.
Replaces Policy No. 85.9 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. 85.9, as they existed prior to the Effective Date, with any wording changes necessary to reflect legislative and regulatory changes since Policy No. 85.9 was issued.

Policy Item R24.76-1
RE: Fishing Operations - Vessel Preparation

BACKGROUND
1. Explanatory Notes
Section 24.76 requires fishing vessel masters to ensure the vessel can safely make the passage, with reference to specific factors.

2. The Regulation
Section 24.76:

Before leaving on a voyage the master must ensure that the fishing vessel is capable of safely making the passage, due consideration being given to

(a) the seaworthiness of the vessel,

(b) the stowage and securing of all cargo, skiffs, equipment, fuel containers and supplies,

(c) ballasting, and

(d) present and forecast weather conditions.

POLICY
Section 24.76 imposes an obligation on the master to consider the vessel's seaworthiness in relation to the particular voyage being planned. (This is in addition to the general obligation regarding seaworthiness set out in section 24.70 and Item R24.70-1.) Section 24.76 recognizes that a vessel may be seaworthy for voyages to some places, such as on a river, but not for voyages to other places, such as on the open sea.


EFFECTIVE DATE: July 1, 2000
AUTHORITY: s. 24.76, Occupational Health and Safety Regulation
CROSS REFERENCES: See Fishing Operations - Compliance with Standards (Item R24.70-1)
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice reference and make formatting changes.
Replaces Policy No. 85.10 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. 85.10, as they existed prior to the Effective Date, with any wording changes necessary to reflect legislative and regulatory changes since Policy No. 85.10 was issued.

Policy Item R24.77-1
RE: Fishing Operations - Reporting Injuries

BACKGROUND
1. Explanatory Notes
Section 24.77 requires the master of a fishing vessel to report to the owner of the fishing vessel all injuries that required medical aid and record all injuries in the vessel log book.

2. The Regulation
Section 3.19:

(1) The employer must maintain at the workplace, in a form acceptable to the Board, a record of all injuries and exposures to contaminants covered by this Regulation that are reported or treated.

(2) First aid records must be kept for at least 3 years.

(3) First aid records are to be kept confidential and may not be disclosed except as permitted by this Regulation or otherwise permitted by law.

(4) First aid records must be available for inspection by an officer of the Board.

(5) Workers may request or authorize access to their first aid records for any treatment or report about themselves.

Section 24.77:

(1) Crewmembers must report all injuries to the master, without delay.

(2) The master must report to the owner of the fishing vessel all injuries that required medical aid and record all injuries in the vessel log book.

POLICY
Section 3.19 provides for keeping a first aid book and access to first aid records. This section must be complied with to the extent it is consistent with section 24.77, which requires the master to report injuries requiring medical aid to the owner and record all injuries in the vessel log book. The vessel log book thereby becomes the first aid book and records required by section 3.19. Therefore, it is not necessary to keep a dual set of first aid records.


EFFECTIVE DATE: July 1, 2003
AUTHORITY: ss.24.77, 33.6 and 33.7, Occupational Health and Safety Regulation
CROSS REFERENCES:  
HISTORY: Housekeeping changes effective September 15, 2010 to update Regulation provisions, consequential changes to text, delete practice reference and make formatting changes.
Replaces Policy No. 85.13 of the Prevention Division Policy and Procedure Manual. Effective July 1, 2003, a minor change was made to the policy statement, to clarify that only one set of first aid records is required.
APPLICATION: This Item results from the 2000/2001/2002 "editorial" consolidation of all prevention policies into the Prevention Manual. The POLICY in this Item merely continues the substantive requirements of Policy No. 85.13, as they existed prior to the Effective Date, with any wording changes necessary to reflect legislative and regulatory changes since Policy No. 85.13 was issued.

Policy Item R24.80-1
RE: Fishing Operations - Slipping and Tripping Hazards

BACKGROUND
1. Explanatory Notes
Section 24.80 sets out certain requirements for preventing slipping and tripping hazards.

2. The Regulation
Section 24.80:

(1) All work areas must be kept

(a) clear of unnecessary obstructions, and

(b) free of slipping and tripping hazards.

(2) Decks must have non-skid surfaces except in those locations where a smooth deck is required for handling fish.

(3) Tools and equipment must be securely stowed when not in use.

POLICY
With regard to section 24.80(1)(b), it may be impossible to keep work areas free of slipping and tripping hazards, such as when work must be done on a beach. The obligation under section 24.80(1) is to do what is reasonably practicable in the way of removing or reducing hazards, alerting crewmembers to their presence or training them to recognize them.


EFFECTIVE DATE: July 1, 2000
AUTHORITY: s. 24.80, Occupational Health and Safety Regulation
CROSS REFERENCES: See Fishing Operations - Compliance with Standards (Item R24.70-1)
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice reference and make formatting changes.
Replaces Policy No. 85.14 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. 85.14, as they existed prior to the Effective Date, with any wording changes necessary to reflect legislative and regulatory changes since Policy No. 85.14 was issued.

Policy Item R24.83-1
RE: Diving, Fishing and Other Marine Operations - Fishing Operations - General Requirements - Access and Egress

BACKGROUND
1. Explanatory Notes
Sections 24.83 sets out requirements for portable ladders and gangways. Section 13.2 creates a general obligation to comply with Canadian Standards Association, American National Standards Institute or Workers' Compensation Board standards for ladders, scaffolds and temporary work platforms.

2. The Regulation
Section 24.83:

Every portable ladder or gangway between a fishing vessel and shore, between vessels, or when used on board a vessel must be designed and rigged to provide safe access and egress.

Section 13.2:

(1) A ladder, window cleaner's belt or work platform must meet and be used in accordance with

(a) the applicable CSA or ANSI standard in effect when the equipment or structure was manufactured, except as otherwise determined by the Board,

(b) another standard acceptable to the Board, or

(c) if there is no applicable standard under paragraphs (a) or (b), the requirements of a professional engineer.

(2) In designing and installing a work platform, appropriate safety factors and minimum rated loads must be used in the materials and method of installation, in accordance with

(a) WCB Standard WPL 1, Design, Construction and Use of Wood Frame Scaffolds, 2004,

(b) WCB Standard WPL 2, Design, Construction and Use of Crane Supported Work Platforms, 2004,

(c) WCB Standard WPL 3, Safety Factor and Minimum Breaking Strength for Suspended Work Platforms and Associated Components, 2004, and

(d) WCB Standard LDR 1, Job Built Ladders, 2004.

POLICY
Section 24.83 does not specifically require a safe means of access. It only applies to a "portable ladder or gangway" where they are provided.

Where a portable ladder is used for access, Part 13 (Ladders, Scaffolds and Temporary Work Platforms) will be used as a guideline for determining whether it is safe.


EFFECTIVE DATE: January 1, 2005
AUTHORITY: s. 24.83, Occupational Health and Safety Regulation
CROSS REFERENCES:  
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice reference and make formatting changes.
This policy incorporates portions of, and replaces Policy No. 85.17 "Access and Egress" of the former Prevention Division Policy and Procedure Manual. A housekeeping change was made on December 14, 2001. Effective January 1, 2005, this policy is amended to comply with amendments to Part 13 (Ladders, Scaffolds and Temporary Work Platforms) of the Occupational Health and Safety Regulation made on that date.
APPLICATION:

Policy Item R24.84-1
RE: Diving, Fishing and Other Marine Operations - Fishing Operations - General Requirements - Protection from Falling

BACKGROUND
1. Explanatory Notes
Sections 24.84 and 24.137 set out fall protection requirements in respect of crewmembers.

2. The Regulation
Section 24.84:

(1) Crewmembers must be protected from falling overboard by means of grabrails, siderails, handrails, guardrails or personal fall protection equipment.

(2) Crewmembers working aloft or on deck during adverse weather conditions must tie off to a lifeline to prevent falling.

Section 24.137:

Crewmembers working on the stern setting black cod traps must be tied off with a safety belt or harness, and lifeline, both meeting standards acceptable to the Board.

POLICY
Section 24.84(1) is intended to stop workers from falling overboard. In applying this section, regard will be had to the particular needs of fishing operations. Guardrails need not be installed in places where they will interfere with the work process. However, if another method of preventing workers from falling overboard is practicable in this situation, it must be used.

Section 24.84(2) is intended to prevent workers from falling from a height onto a deck. A crewmember is "aloft" for the purpose of this section when he or she is more than 3 metres (10 feet) above the lowest deck to which a fall may occur.

Section 24.137 provides for fall protection in regard to trap fishing.

The rails and fall protection equipment required by sections 24.84 and 24.137 need not conform with the requirements contained in Part 11. They must, however, effectively restrain a worker from falling or arrest a fall that has occurred. In the case of fall protection equipment, it is not sufficient to tie a rope around the body. A suitable harness or belt must be used.


EFFECTIVE DATE: July 1, 2000
AUTHORITY: ss. 24.84 and 23.137, Occupational Health and Safety Regulation
CROSS REFERENCES:  
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice reference and make formatting changes.
Replaces Policy No. 85.18 of the Prevention Division Policy and Procedure Manual. A housekeeping change was made on December 14, 2001.
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. 85.18, as they existed prior to the Effective Date, with any wording changes necessary to reflect legislative and regulatory changes since Policy No. 85.18 was issued.

Policy Item R24.85-1
RE: Fishing Operations - Deck Openings

BACKGROUND
1. Explanatory Notes
Section 24.85 sets out requirements for deck openings and hatches.

2. The Regulation
Section 24.85:

(1) Deck openings and hatches on a fishing vessel must be

(a) equipped with an effective means of securing them, and

(b) closed and secured when it is not essential to the fishing operation that they be open.

(2) When deck openings and hatches are required to be open for ventilation or other purposes, they must be marked and guarded.

POLICY
Deck openings need not be marked and guarded when opened for short periods to gain access and egress. This need only be done where the hatch will remain open for a prolonged period or may result in a hazard.

Deck openings and hatches are considered "guarded" if a system exists that will warn crewmembers and place a physical barrier to entry, such as lines in the right places with red flags tied to them. The "guard" does not have to be capable of physically precluding the crewmember from access.


EFFECTIVE DATE: July 1, 2000
AUTHORITY: s. 24.80, Occupational Health and Safety Regulation
CROSS REFERENCES:  
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice reference and make formatting changes.
Replaces Policy No. 85.19 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. 85.19, as they existed prior to the Effective Date, with any wording changes necessary to reflect legislative and regulatory changes since Policy No. 85.19 was issued.

Policy Item R24.86-1
RE: Diving, Fishing and Other Marine Operations - Fishing Operations - General Requirements - De-energization

BACKGROUND
1. Explanatory Notes
Section 24.86 sets out requirements for the de-energization of power sources during the maintenance and repair of machinery or equipment.

2. The Regulation
Section 24.86:

(1) The maintenance and repair of machinery or equipment on board a fishing vessel must only be carried out when the power source has been de-energized and effectively secured to prevent inadvertent startup.

(2) If it is essential that equipment remain operational during the maintenance process, the master must establish a procedure to prevent injury from contact with moving or energized parts.

(3) The main engine must be shut off whenever a diver is conducting work underwater in proximity to the vessel.

POLICY
"Maintenance" under section 24.86 has the same meaning as in Part 10, which requires that machinery be "locked out" for maintenance. "Maintenance" is defined in section 10.1 as:

work performed to keep machinery or equipment in a safe operating condition, including installing, repairing, cleaning, lubricating and the clearing of obstructions to the normal flow of material

Section 24.86 requires that de-energization be "effectively secured". There are three basic ways in which this may be done:

  • the person doing the maintenance may keep the means of energizing the equipment within his or her sight and under his or her control;
  • the equipment may be locked out following section 10.4; or
  • if the first two methods are not practicable, other work procedures may be established that will effectively prevent the equipment being re-energized while it is being maintained.

EFFECTIVE DATE: July 1, 2000
AUTHORITY: s. 24.86, Occupational Health and Safety Regulation
CROSS REFERENCES:  
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice reference and make formatting changes.
Replaces Policy No. 85.20 of the Prevention Division Policy and Procedure Manual. A housekeeping change was made on December 14, 2001.
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. 85.20, as they existed prior to the Effective Date, with any wording changes necessary to reflect legislative and regulatory changes since Policy No. 85.20 was issued.

Policy Item R24.87-1
RE: Fishing Operations - Equipment Control Devices

BACKGROUND
1. Explanatory Notes
Section 24.87 sets out requirements for equipment control devices.

2. The Regulation
Section 24.87:

(1) Winches, drums, capstans, and similar equipment on board a fishing vessel must have at least one master on/off control that is readily accessible on deck.

(2) Drum pedals and other types of hold-to-run controls must not be bypassed or otherwise rendered ineffective.

POLICY
On a vessel operated by one person, section 24.87 is satisfied by the regular control switch on each piece of equipment. On vessels operated by more than one person, there must be another switch or switches away from the equipment at a central location on the deck.


EFFECTIVE DATE: July 1, 2000
AUTHORITY: s. 24.87, Occupational Health and Safety Regulation
CROSS REFERENCES:  
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice reference and make formatting changes.
Replaces Policy No. 85.21 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. 85.21, as they existed prior to the Effective Date, with any wording changes necessary to reflect legislative and regulatory changes since Policy No. 85.21 was issued.

Policy Item R24.90-1
RE: Fishing Operations - Ventilation

BACKGROUND
1. Explanatory Notes
Section 24.90 requires crew spaces to be provided with adequate fresh air.

2. The Regulation
Section 24.90:

All crew spaces on fishing vessels must be provided with an adequate supply of fresh air either by passive or mechanical means.

POLICY
The primary purpose of section 24.90 is to prevent oxygen deficiency or a build up of carbon monoxide inside the boat when the windows and doors are closed and any devices such as heaters and engines are running.


EFFECTIVE DATE: July 1, 2000
AUTHORITY: s. 24.90, Occupational Health and Safety Regulation
CROSS REFERENCES:  
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice reference and make formatting changes.
Replaces Policy No. 85.24 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. 85.24, as they existed prior to the Effective Date, with any wording changes necessary to reflect legislative and regulatory changes since Policy No. 85.24 was issued.

Policy Item R24.97-1
RE: Fishing Operations - Crewmember Overboard (Immersion Suits)

BACKGROUND
1. Explanatory Notes
Section 24.97 sets out requirements for immersion suits and for overboard recovery equipment and procedures.

2. The Regulation
Section 24.97:

(1) Every fishing vessel must carry, for each crewmember, one immersion suit meeting standards acceptable to the board.

(2) The master of a vessel must ensure that there is suitable equipment on board and that procedures have been developed which will enable the prompt recovery of a crewmember overboard.

POLICY
Section 24.97(1) states that a vessel must have an immersion suit for each crewmember but does not specifically state who provides them. The owner, master and crew may agree among themselves as to how compliance with section 24.97(1) is achieved. However, the Board will hold the owner or master, as appropriate in the circumstances, responsible for non-compliance, where it is found that the vessel does not carry an adequate number of immersion suits.

The following alternatives exist:

  • Crewmembers may provide their own suits.

    Since it is the crewmember's life that is at issue, crewmembers may prefer having their own suits to ensure they are of good quality, good fit and well maintained. This is common practice with crewmembers who fish regularly. On the other hand, a newcomer to the industry or someone who fishes irregularly may not be willing or not have funds to provide their own suit.
  • The owner or master must provide good quality and proper fitting suits for all crewmembers who do not supply their own.

    Any concern over crewmembers' treatment of the suits may be covered by measures such as collecting a refundable deposit or obtaining authorization to withhold from the crewmember's share of the catch the cost of repair or replacement resulting from improper use or carelessness.

EFFECTIVE DATE: July 1, 2000
AUTHORITY: s. 24.97, Occupational Health and Safety Regulation
CROSS REFERENCES:  
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice reference and make formatting changes.
Replaces Policy No. 85.31 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. 85.31, as they existed prior to the Effective Date, with any wording changes necessary to reflect legislative and regulatory changes since Policy No. 85.31 was issued.

Policy Item R24.98-1
RE: Fishing Operations - Davits

BACKGROUND
1. Explanatory Notes
Section 24.98 sets out requirements for davits.

2. The Regulation
Section 24.98:

The owner of a fishing vessel must ensure that all moveable davits are fitted with an effective locking device.

POLICY
"Locking" does not mean that there has to be a lock. It means that davits must be capable of being effectively secured.


EFFECTIVE DATE: July 1, 2000
AUTHORITY: s. 24.98, Occupational Health and Safety Regulation
CROSS REFERENCES:  
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice reference and make formatting changes.
Replaces Policy No. 85.32 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. 85.32, as they existed prior to the Effective Date, with any wording changes necessary to reflect legislative and regulatory changes since Policy No. 85.32 was issued.

Policy Item R24.100-1
RE: Fishing Operations - Ozone Generators

BACKGROUND
1. Explanatory Notes
Section 24.100 sets out requirements for ozone generating equipment.

2. The Regulation
Section 24.100:

The owner of a fishing vessel must ensure that ozone generating equipment is installed and operated in accordance with standards acceptable to the board.

POLICY
Section 24.100 does not require that the equipment be installed. The intent is only to set a standard for when the owner chooses to install it.

The equipment must, as far as is practicable, be installed in accordance with the Board's Manual of Standard Practice on Ozone.


EFFECTIVE DATE: July 1, 2000
AUTHORITY: s. 24.100, Occupational Health and Safety Regulation
CROSS REFERENCES:  
HISTORY: Housekeeping changes effective September 15, 2010 to delete practice reference and make formatting changes.
Replaces Policy No. 85.34 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. 85.34, as they existed prior to the Effective Date, with any wording changes necessary to reflect legislative and regulatory changes since Policy No. 85.34 was issued.

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