The purpose of this guideline is to provide guidance to employers around full incident investigations, corrective action following the full investigation, and associated reports. (10) Section 344(4) to (6) [issues related to sending or receipt of orders and other documents] does not apply to the sending of written notice under subsection (9) of this section. Where an employer or other person at the workplace objects to the use of certain equipment on safety grounds, the prevention officer will consider the concern and may gather additional information or expert opinions as required. Only those under consideration will be contacted. Section 30 of the Workers Compensation Act ("Act") states: All parties with duties under the Act may be able to affect the health and safety of persons at or near a workplace. Workers may not be disciplined for refusing to perform a task that they have reasonable cause to believe is dangerous. Labour relations and employment matters, including OHS, fall under the provincial authority over "property and civil rights.". Friday, May 15, 2020 1:45 PM. Prevention officers, after consulting with their managers, will respond in a timely manner to TSBC's requests for information related to an inspection or incident investigation. and another province or between B.C. In these situations, WorkSafeBC requirements will apply in general to the employers, but WorkSafeBC has no jurisdiction to enforce specific requirements with respect to those "mine" workplaces. The following table sets out the delegation of decision-making authorities under the OHS provisions of the Act, in accordance with the President's Assignment of Authority and the Senior Vice President Operations' Assignment of Authority: The Act provides direct authority to conduct inspections, investigations, and enquiries, and to undertake a number of enforcement actions to "officers." These steps include the following: Developing and implementing procedures for how the employer will deal with incidents or complaints of workplace bullying and harassment must include the following: Investigations into bullying and harassment should: Following the investigation, the employer must promptly take any necessary corrective action. Regulatory excerpts (c) involved the major release of a hazardous substance, (d) involved a fire or explosion that had a potential for causing serious injury to a worker, or. Only information that is absolutely necessary to exercise WorkSafeBC's mandate should be included. For example, the recipient of an oil and gas licence should be made aware of forest tenures in the area for which the permit is issued. In those instances, WorkSafeBC will have no jurisdiction over OHS concerns. Reasonable efforts should be made to safeguard personal information that is collected in the course of an investigation, while also ensuring the reports contain all the required information. If the bag appears to be properly sealed and in good condition, the laboratory representative will indicate this by signing the sample bag label and forwarding the sample for the required analysis. On August 6, 2019, the prevention officer conducts a third follow-up inspection and finds that the employer has not yet complied with the order. However, these situations will be the exception rather than the rule. This review should include the committee evaluation to ensure the new structure is effective. About Prevention Policies and the Prevention Manual That is, the client firm should ensure the health and safety of the labour supply firm's worker to the same extent that it is required to ensure the health and safety of its own workers. Unlike OHS penalties imposed pursuant to section 95 of the Act, OHS citations may only be issued in circumstances that are not high risk (refer to Policy P2-95-2 for information on how to determine whether violations are high risk). The applicant for the variance must post a copy of the decision at the workplace. However, WorkSafeBC may not enforce specific requirements around the firm's operation of mobile equipment at the gravel pit. The client firm is expected to include the labour supply firm's workers in its first aid planning, and adjust the first aid services to include the total number of workers on site. A prevention officer may then evaluate compliance with the elements set out in the guideline during a routine workplace inspection. On the other hand, if a violation can reasonably be corrected within a shorter timeframe (e.g., seven days), the action deadline will be agreed upon accordingly. These include the stowing of cargo and catch, the setting and retrieving of the vessel's anchor, engine room procedures, and emergency drills. (2) For the purposes of subsection (1), the participation of the employer or a representative of the employer and a worker representative includes, but is not limited to, the following activities: (a) viewing the scene of the incident with the persons carrying out the investigation; (b) providing advice to the persons carrying out the investigation respecting the methods used to carry out the investigation, the scope of the investigation, or any other aspect of the investigation; (c) other activities, as prescribed by the Board. Questions about jurisdiction over mines, and other questions relating to the jurisdiction of WorkSafeBC over OHS, may be directed to the OHS Practice and Engineering Support department of WorkSafeBC. For example, the supervisor or worker may have obtained general knowledge of the hazard through previous education, from training received through a formal trade qualification, experience at the task, or in the industry. The copy of the Regulation and Act that is made readily available for workers may be either a printed or electronic version. The decision will be issued in a decision letter. (3) A complaint under subsection (2) must be made in writing to the Board, (a) in the case of a complaint respecting a matter referred to in subsection (1)(a), within one year of the action considered to be prohibited, and. In most circumstances, workplace parties may not contract out or delegate their responsibilities, or otherwise rely on others to discharge their responsibilities. The Board's primary concern is that the duty in question is fulfilled. Requirements for notifying and cooperating with TSBC (6) The Board must rescind an agreement under subsection (1) if the Board considers that any of the following apply: (i) take any of the actions described under subsection (2)(a) within the time frame set out for the action under subsection (2)(b)(i), or. Specifically, the prevention officer should attempt to determine the following: Requirements for notifying and cooperating with the federal government The guideline also addresses matters such as the obligation of the applicant to post information and advise persons who may be affected by the variance, and the obligation of WorkSafeBC to consult with those affected persons. Fax: (604) 660-6215, Issued February 22, 2006; Editorial Revision September 30, 2009; Revised September 30, 2010; Editorial Revision June 26, 2014; Editorial Revision April 6, 2020. G-P1-2-5 Jurisdiction over railways Personal information is any recorded information about an identifiable individual other than business contact information. Section 22 (General duties of workers) of the Workers Compensation Act ("Act") states: (a) take reasonable care to protect the worker's health and safety and the health and safety of other persons who may be affected by the worker's acts or omissions at work, and, (2) Without limiting subsection (1), a worker must. WorkSafeBC endeavours to update the online Act and Regulation as soon as possible following any legislative amendments. The corrective action report following the full investigation must set out the action taken to prevent the recurrence of similar incidents. This ensures that items that will cause ongoing safety and compliance issues are not permitted to be supplied to workplaces. the likelihood of an incident or exposure occurring; and. G-P1-2-4 Fire safety and prevention Failure of the client firm to carry out these elements will result in the labour supply firm's non-compliance. The OH&S of ordinary commercial activities, even if carried out directly by an Indian band or located on a reserve will not normally be federally regulated and will fall under Board jurisdiction. This includes items that are currently being manufactured, distributed, leased, installed, or erected. Section 25 of the Workers Compensation Act ("Act") states: (a) provide and maintain the owner's land and premises that are being used as a workplace in a manner that ensures the health and safety of persons at or near the workplace, (b) give to the employer or prime contractor at the workplace the information known to the owner that is necessary to identify and eliminate or control hazards to the health or safety of persons at the workplace, and. Section 2 of the Workers Compensation Act states: Purpose of guideline The duties, functions and powers that WorkSafeBC may exercise in fulfilling this mandate include, in part, (a) To exercise the Board's authority to make regulations to establish standards and requirements for the protection of the health and safety of workers and the occupational environment in which they work, (b) To provide services to assist joint committees, worker health and safety representatives, employers, and workers in maintaining reasonable standards for occupational health and safety and occupational environment, (c) To ensure that persons concerned with the purposes of the OHS provisions are provided with information and advice relating to the Board's administration and to occupational health and safety and occupational environment generally, (d) To provide assistance to persons concerned with occupational health and safety and occupational environment. Purpose of guideline The workers in this example were neither properly trained nor instructed by the supervisor to wear the fall arrest equipment. However, provincial contractors will generally fall within federal jurisdiction if: (1) there is an ongoing, high degree of operational and functional integration between the contractor and the federal operation; or (2) the federal operation is entirely dependent on the contractor. Course materials and guides are available free of charge on WorkSafeBC's website https://www.worksafebc.com/en/health-safety/education-training-certification/joint-health-safety-committee-member. Prevention Policy P2-71-1 sets out the elements of a preliminary investigation report, and the interim corrective action report. WorkSafeBC has developed a variety of incident investigation and corrective action reporting forms. Records must be kept of the orientation and training provided. OHS citation amount Prior to issuing an OHS citation, WorkSafeBC will warn the employer in writing that further failure to comply may result in an OHS citation or OHS penalty. Regulatory excerpt WorkSafeBC conducts inspections to verify compliance and issues orders to address any violations of the Act or Regulation. When starting an inspection, a Board prevention officer will inform the employer and worker representative, if any, as to the nature of the inspection; that is safety or hygiene, occupational environment, medical, or a combination of any two or more. Depending on the circumstances, the prevention officer may proceed to use the equipment, consult with his or her manager, or take whatever other steps seem appropriate. For example, where both the ground crew and the air crew have the same employer. What should field officers ask? Like OHS penalties, OHS citations may only be issued on employers (not workers or independent operators). Although there is a presumption that all OHS falls under provincial jurisdiction, the OHS of certain organizations will fall under federal jurisdiction. On the other hand, if no worker representative will be on shift within that timeframe, the employer is expected to attempt to contact all worker representatives to ascertain if they are available. As a practical matter workplace conditions, site-specific matters, and the direct supervision of the worker are necessarily beyond the direct control of the labour supply firm and within the control of its client firm. The full investigation report must include the employer's full legal name, as well as any trade name or operating name under which the firm is doing business. Prevention officers may encounter situations where there is an assertion that WorkSafeBC does not have jurisdiction because the activity in question relates to an Aboriginal or treaty right, or that the activity falls under a band's right to self government. Email: contact@technicalsafetybc.ca 1. Each party must fulfill the obligations posed on him or her through the Act and OHS Regulation ("Regulation"). Purpose of guideline Alternatively, where WorkSafeBC determines a final and binding settlement was not reached, WorkSafeBC will proceed with adjudication of the complaint in accordance with the prohibited action provisions under the Act. These include any incident that involves the following: A serious injury is any injury that can reasonably be expected at the time of the incident to endanger life or cause permanent injury. In most situations where the public entity is merely providing access, rather than commissioning work or obtaining services, this will not be the case, as the entity's "work" is simply to administer the lands. Most substances to which a worker might be exposed are covered by the Workplace Hazardous Materials Information System (WHMIS), which is addressed in sections 5.3 to 5.18. If an employer chooses to meet the requirement under section 21(2)(f) by providing access to an electronic version of the Act and Regulation, the employer should be prepared to provide assistance to workers who do not have sufficient computer skills or equipment to access the electronic version on their own. (1) Subject to the OHS provisions and the regulations, a joint committee must establish its own rules of procedure, including rules respecting how it is to perform its duties and functions. (i) the Board is satisfied the employer has failed to comply, (ii) the non-compliance date of the failure to comply referred to in subparagraph (i) is within 3 years after the non-compliance date of a previous failure to comply by the employer, and. Part 21 of the Regulation will apply, and the officer may issue orders as appropriate. Examples of such pits include gravel pits primarily used for building a logging road (unless the pit is situated within the road's right-of-way) or for selling gravel. Each party must fulfill the obligations imposed on him or her and where those obligations have not been fulfilled, prevention officers may issue orders to all the parties. In such circumstances, the extent of the public owner's obligation under this section would be minimal. Is the ground crew dedicated to helilogging operations only? We implement long-term disability benefits for workers who have permanent disabilities as a . ... Purpose of guideline Workersa Compensation Law provides an in-depth look at the day-to-day practice of this field while addressing theoretical aspects that form a critical foundation for this branch of law. COVID-19 Restrictions for Faith-Based Organizations It is important to recognize that while the public owner is clearly an owner of the public lands, the definition of "owner" in section 13 of the Act is broad, and includes permit holders, licensees, lessees and other delegates of the owner. The use of this phrase ensures that anyone engaging in offensive behaviour cannot be "willfully blind" to its effects, nor can the behaviour be excused on the basis that the person engaging in the behaviour didn't intend it to humiliate or intimidate the worker. Though it may depend on the type of work and the sophistication of the client firm, in many situations the role of the client firm should be nearly identical to that of the direct employer. The ability to make those decisions rests with WorkSafeBC officers. (5) If an administrative penalty under this section is reduced or cancelled by a Board decision or on a review under Part 6 [Review of Board Decisions], the Board must refund the required amount to the employer. ), If the provincial contractor works exclusively with the federal operator or if the provincial contractor has many clients, If the performance of the federal enterprise is entirely dependent upon the provincial contractor, If the provincial contractor is owned in whole or in part by the federal operator, Explain the intent of a legal requirement, or provide background or educational information to enhance understanding of a legal requirement, Provide one or more suggested options for compliance, Prescribe procedures, measures, standards, or training courses acceptable to WorkSafeBC, Communicate the existence of a vice-president directive suspending the application of a regulatory requirement. Issuing orders "As a trades worker you have a responsibility to work safely, and fire prevention is a primary concern. Many of the work tasks you carry out include the application of heat and flame. However, WorkSafeBC reserves the right to deal with any disputes over the appropriateness of training and otherwise to monitor or inquire into the contents and conduct of training. The use of the phrase "knew or reasonably ought to have known" creates an objective standard for bullying and harassing behaviour. The policy also provides examples of situations where WorkSafeBC may consider it appropriate to grant extensions for submitting the full investigation report. Issued January 1, 2016; Editorial Revision consequential to April 3, 2017 Regulatory Amendment; Editorial Revision April 6, 2020. WorkSafeBC's guidelines cover sectors ranging from restaurants to offices, including guidance on how many people should be allowed in a business as well as … until they are excluded for some reason. The following are some examples of personal information that should not be disclosed in an IR about an identifiable individual: Examples of how to include personal information when needed Cancelling a compliance agreement Section 5.6 deals with general (generic) requirements to ensure workers know, among other things, the elements of the WHMIS program, and the content required on labels and safety data sheets (SDS). This includes any workers injured or killed in the incident, witnesses to the incident, the people who carried out the investigation, and any other people whose presence might be necessary for a proper investigation of the incident. The Senior Vice President Operations has in turn issued a Delegation of Authority which sets out who within Prevention Services may exercise a number of those authorities. This could include the following: In considering the request, the prevention officer's goal is to evaluate whether the proposed structure will be practical and equal or more effective than the structure set out in section 31. High risk violations are those violations of the Act or OHS Regulation ("Regulation") which present a high risk of serious injury, serious illness, or death. Stop use orders The prevention officer should also refrain from writing orders until the employer has had an opportunity to seek further advice, including legal counsel, to resolve the issue. In some situations, continuing to work where there is exposure to bullying and harassment may provide reasonable grounds to believe there is an undue hazard to the worker who is subject to the behaviour. A prevention officer may however give advance notice of an inspection where the prevention officer determines that doing so is necessary for the proper completion of the inspection. Regulatory excerpt Viewing the scene of the incident with the person who is conducting the preliminary incident investigation. WorkSafeBC has OHS jurisdiction over pipelines that are located entirely within the bounds of the province. All employers are required to take steps to eliminate, where possible, or otherwise minimize the risks to workers from bullying and harassment in the workplace. Forestry Operations and Similar Activities, Policies for the Workers Compensation Act, Guidelines for the Workers Compensation Act, Hazardous Products Act (Canada) - Summary of key Sections, Printed versions of the Act and Regulation, Standards referenced in the OHS Regulation, Learn about COVID-19 vaccination and the workplace, Find communicable disease health and safety resources, Create & manage a healthy & safe workplace, Search the OHS Regulation & related materials, Get health & safety resources (videos, posters, publications & more), WorkSafeBC jurisdiction over operations involving Aboriginal people, Labour Program – Employment and Social Development Canada (ESDC) jurisdiction, WorkSafeBC jurisdiction over helilogging operations, Labour supply firms and client employers – Responsibilities, Responsibilities of the persons/parties in a workplace, Variations in joint committee requirements, Complaint by worker respecting prohibited action or failure to pay wages, Determining if a prohibited action complaint has been settled, Maintaining the confidentiality of information, WorkSafeBC notification of serious injuries, Participation by worker representatives in incident investigations, Preliminary incident investigation and interim corrective actions, Full incident investigation, report, and follow-up actions, Use of Legal Sample Bags for samples collected by WorkSafeBC officers, Protection of privacy in inspection reports, Approvals, acceptances, authorizations, or permissions under the OHS Regulation, Order to stop using or supplying unsafe equipment, P1-2-1 Application of the OHS Provisions - Where Jurisdictional Limits Exist, https://www2.gov.bc.ca/gov/content/industry/mineral-exploration-mining/health-safety/certifications, Communicable disease prevention: A guide for non-healthcare employers, G3.1 (Occupational health and safety program), G3.1-2 Farm labour contractors and growers, G-P2-49 Worker complaints of discriminatory action respectingand failure to pay wages complaints, P2-29/30-1: General Duties - Overlapping Obligations, https://www.worksafebc.com/en/health-safety/education-training-certification/joint-health-safety-committee-member, https://www.worksafebc.com/en/for-workers/just-for-you/prohibited-action-complaints, https://www.worksafebc.com/en/for-employers/just-for-you/respond-prohibited-action-complaints, Guideline G-P2-68-1 WorkSafeBC notification of serious injuries, The person who made the order, or a person authorized to make that type of decision or order, President/CEO or in accordance with existing WorkSafeBC policy, Vice President, Prevention Services or delegate, Senior Vice President, Operations or Senior Vice President, Corporate Services and Human Resources, Certification, other than establishing fees, Director, OHS Practice and Engineering Support or delegate, Restrictions on an officer's authority to issue orders, Confirmation of Stop Work Order and approval of "Stop Operations" Order, Senior Vice President, Operations or Vice President, Prevention Services, or delegate, Special Rates of Assessment, Administrative Penalties, OHS Citations, and Claims Costs Levies, Approval of Application for Court Injunctions, Grant approval, acceptance, authorization, or permission except as otherwise specified in this guideline, Determine alternative publications, codes, standards, practices, procedures, or rules acceptable to WorkSafeBC except as otherwise specified in this guideline, Apply Division 3 (or parts thereof) to medical or dental radiation received by a patient, or to natural background radiation, Exempt an employer from the requirements of monitoring exposure to ionizing radiation (providing and ensuring workers' proper use of personal dosimeters), Determine excluded confined spaces (in conjunction with WorkSafeBC exclusions committee), Specify other hoisting equipment requiring records of inspection and maintenance, Exempt mobile equipment from braking requirements and specify any necessary conditions, Accept occupational hygiene methods for workplace exposure monitoring and assessment (refer to, Accept procedures for control, handling, or use of asbestos (refer to, Accept means of asbestos cleanup (refer to, Accept manner of implementation of an effective health protection program in the handling of lead (refer to, Accept manner of maintenance of health monitoring records in the handling of lead (refer to, Accept manner of maintenance of health monitoring records in the handling of pesticides (refer to, Accept a dust suppression system for a rock drill (refer to, Accept a personal dosimeter for monitoring exposure to ionizing radiation (refer to, Accept measures and methods for heat stress assessment (refer to, Accept heat stress administrative controls (refer to, Accept measures and methods for cold stress assessment (refer to, Approve effective means of lockout (refer to, Where a fall arrest system is not practicable, accept work procedures (refer to, Accept manner of design, installation, and use of temporary horizontal lifeline system (refer to, Accept manner of testing and inspection of automotive lifts (refer to, Accept work procedures when lower limit travel devices are not practicable (refer to, Accept standards of design, installation, operation, and maintenance of audio and video communication systems used in a hoisting operation (refer to, Accept standard for operating controls for mobile equipment (refer to, Accept design and construction of vehicles (refer to, Accept written safe work procedures if it is not practicable to completely isolate high voltage electrical equipment (refer to, Determine whether re-routing, de-energizing, or guarding is practicable when working close to energized high voltage equipment and conductors (refer to, Accept insulated tools when tree pruning or falling near energized conductors (refer to, Accept control measures re loads on thrust-out crane loading platforms (refer to, Accept written safe work procedures re use of logging equipment on steep slopes (refer to, Accept manner of positioning guylines for a mobile yarder (refer to, Accept manner of installation of logging truck barrier (refer to, Accept alternative measures under section 9.22(1) for municipal sewage systems (refer to, Prescribe any additional precautions regarding inerting a confined space (refer to, Determine acceptable alternative standards for noise exposure measurement, Determine acceptable alternative types or standards of hearing protection, Determine who is authorized to conduct hearing tests, Determine the courses or programs of instruction, education, or training (or training standards) that are acceptable to, or approved by, WorkSafeBC where exercise of such authority is referenced in the, Determine ambulance service acceptable to WorkSafeBC under, Determine who is a person acceptable to WorkSafeBC to issue crane operator's certificates, Grant prior permission regarding attendance at explosive and detonator containers (refer to, Accept an instrument for testing electrical circuits, Determine appropriate circumstances and acceptable alternative procedures (alternative warning procedures in blasting), Accept work procedures for placing explosive charges, Approve the underground storage of explosives, Provide approval for the use of explosives (if not Fume Class 1 rating) in underground workings, Provide written authorization to use mixed gases other than nitrox in diving operations, Second non-compliance date within three years of the previous failure to comply, $505.16 OHS citation (1/2 of statutory amount for 2017), $1065.14 OHS citation (full statutory amount for 2019), For any of items i to v above, where IDLH (Immediately Dangerous to Life or Health) concentrations have been established, "exposure" refers to exposure at or above the IDLH concentration. 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