ContentsPart 1 – Scope of ActDivision 2 – Scope of OHS ProvisionsG-P1-2-1 WorkSafeBC jurisdiction over operations involving Aboriginal people Show
Part 2 – Occupational Health and SafetyDivision 1 – Interpretation and PurposesG-P2-14 About OHS Guidelines Division 4 – General Duties of Employers, Workers and OthersG-P2-21
Communicable disease prevention Division 5 – Joint Committees and Worker RepresentativesG-P2-32-1
Variations in joint committee requirements Division 6 – Worker Protection in Relation to Prohibited Actions G-P2-49 Complaint by worker respecting prohibited action or failure to pay wages Division 7 – Information RequirementsG-P2-53(1) Maintaining the confidentiality of information Division 9 – Variance Orders G-P2-60
Variance process Division 10 – Employer Accident Reporting and InvestigationG-P2-68-1
WorkSafeBC notification of serious injuries Division 11 – Board Inspections, Investigations and InquiriesG-P2-75-1
Advance notice of inspections Division 12 – EnforcementG-P2-83-1
Compliance agreements with employers Guidelines - Workers Compensation Act - Scope of OHS ProvisionsG-P1-2-1 WorkSafeBC jurisdiction over operations involving Aboriginal peopleIssued: September 28, 2005; Editorial Revision April 6, 2020 Regulatory excerpt
Policy Item P1-2-1 provides:
Purpose of guideline Summary
Jurisdiction remains with WorkSafeBC where the operations in question are not linked to band administration or Indian status, rights, or identity. Ordinary commercial operations will fall under WorkSafeBC jurisdiction, even where the workers or owners of the business are Aboriginal people, or the business is located on a reserve. WorkSafeBC prevention officers faced with the assertion that OH&S enforcement infringes an Aboriginal or treaty right should refer the matter to their manager. Jurisdiction over "Indians" and OH&S Though there is a presumption that OH&S falls under provincial jurisdiction, if it can be established that an organization operates predominantly in an area the Constitution provides is to be regulated by the federal government, the OH&S of that organization will fall under federal jurisdiction and WorkSafeBC will have no jurisdiction. One area listed in the Constitution as falling under federal jurisdiction is "Indians and lands reserved for the Indians." The federal government regulates this area through the Indian Act, which defines the legal rights of Indians, establishes and regulates Indian reserves, establishes band councils to administer reserves, and describes a number of things that a band council is empowered to do. While the federal government has the exclusive power to enact laws relating to "Indians," this does not mean that only laws enacted by the federal government can apply to Aboriginal people. Provincial laws of "general application," like OH&S laws, will apply to Aboriginal people and organizations that are owned by Aboriginal people or employ Aboriginal workers, or which operate on a reserve, unless it can be said that regulating the labour relations of the organization is integral to regulating "Indians and the lands reserved for Indians." In this regard the federal government, and not WorkSafeBC, will have jurisdiction over band councils, or organizations integrated with them, that:
Examples of situations where the federal government, and not WorkSafeBC, may have jurisdiction include:
Note that the determination of WorkSafeBC jurisdiction over OH&S under the OHS provisions of the Act is separate from the requirement for employers to pay assessments to WorkSafeBC and the entitlement of workers to compensation for work-related injury or illness under the compensation provisions of the Act; that is, WorkSafeBC may not have jurisdiction over the OH&S of an organization, even though the organization is required to be registered as an employer with WorkSafeBC. Subsidiary organizations and
contractors
In determining jurisdiction over contractors engaged in activities on an Indian reserve or connected to a band's operations or authority, prevention officers should determine the nature of the contractor's business on an ongoing basis, and assess whether the above factors are present. WorkSafeBC jurisdiction Examples where WorkSafeBC will have jurisdiction over organizations operated by Aboriginal people include:
Aboriginal and treaty rights, the Nisga'a Treaty, and
self-government While Aboriginal and treaty rights are protected under the Constitution, it is unlikely that WorkSafeBC enforcement activities would be undertaken in a way that would infringe those rights. With respect to the Nisga'a Treaty, that Treaty explicitly sets out that it does not affect federal or provincial jurisdiction in respect of OH&S. However, the Treaty provides that the Nisga'a government must have notice of industrial relations proceedings involving individuals employed on Nisga'a lands where an issue relating to the Treaty or Nisga'a culture has been raised. This right to notification probably extends to enforcement activities by WorkSafeBC. One band in British Columbia, the Sechelt Band, has formally established the right to self-government. However, under this arrangement, the laws of general application of Canada and British Columbia continue to apply, and therefore WorkSafeBC is not precluded from asserting its jurisdiction over OH&S enforcement. Prevention officers should engage in enforcement activities under the presumption that the enforcement activity is not precluded as the result of the existence of a treaty or Aboriginal right. Prevention officers faced with the assertion that OH&S enforcement infringes an Aboriginal or treaty right or a right to self-government should refer the matter to their manager. What should prevention officers consider?
Issued October 26, 2005; Revised February 13, 2006; Revised October 19, 2007; Revised April 13, 2011; Revised December 19, 2014; Editorial Revision November 21, 2017; Editorial Revision April 6, 2020 Regulatory excerpt
Purpose of guideline Purpose and jurisdiction of Technical Safety BC (TSBC)
Inspections, investigations, and other enforcement by WorkSafeBC TSBC's legislation focuses primarily on ensuring that systems are installed, maintained, and operated properly for the safety of the public. While WorkSafeBC has jurisdiction over workplaces that involve the types of equipment and systems that are regulated by TSBC, WorkSafeBC's authority is limited to the occupational health and safety aspects of those workplaces. As a result, a single employer may be inspected or investigated by WorkSafeBC prevention officers for occupational health and safety compliance, and by TSBC inspectors for public safety compliance. Where practicable, inspection or investigation personnel from both agencies will coordinate their inspection and investigation efforts where it may be beneficial to safety or necessary to minimize disruption at the workplace. Requirements for notifying and cooperating with TSBC
Before notifying TSBC, the prevention officer should inform the employer of the situation and mention that TSBC will be contacted. If TSBC requests it and it is practicable to do so, the prevention officer will preserve the scene of an incident until TSBC personnel are able to attend. TSBC inspectors are instructed to do the same if a similar request is made by a prevention officer. There is a Memorandum of Understanding between WorkSafeBC and the BC Safety Authority (TSBC), which requires cooperation and permits information sharing. Prevention officers who have questions about the Memorandum of Understanding may contact the OHS Practice and Engineering Support. Example of cooperation between WorkSafeBC and TSBC During the inspection, the prevention officer also observes a worker doing maintenance on a piece of equipment without the use of lockout as required by Part 10 of the Regulation. The prevention officer may issue an order requiring that proper lockout procedures be followed. The prevention officer also learns that the employer conducts avalanche control by deploying explosives from the chair lift. Part 21 of the Regulation will apply, and the officer may issue orders as appropriate. Finally, the prevention officer notices that operating permits for the chairlifts are not kept where these devices are located, as required by the Elevating Devices Safety Regulation, administered by TSBC. The prevention officer decides that in this case there is no immediate danger or undue risk present. The prevention officer will not write an order to enforce this requirement of the Elevating Devices Safety Regulation, but will notify TSBC and cooperate in dealing with the situation to the extent this is consistent with WorkSafeBC's mandate and the prevention officer's duties under the Act. Where a prevention officer identifies a condition of immediate danger or undue hazard at a workplace that is a possible violation of the Safety Standards Act or regulations under it, the prevention officer will contact TSBC immediately. The prevention officer may also consider taking action to minimize the danger to workers under an appropriate provision of the Act or Regulation, such as a stop work order. Sharing of information Where information is requested by TSBC that does not pertain to an inspection or incident investigation, such requests will be forwarded to WorkSafeBC's Freedom of Information and Protection of Privacy Office. Seizure of evidence If seized evidence is to be tested, prevention officers will consult with TSBC and make reasonable efforts to ensure the testing does not adversely affect TSBC's investigation. Prevention officers will provide TSBC with advance notice of the time and location of testing so that TSBC personnel may attend if they wish to do so. TSBC inspectors will do the same. Contact
information for TSBC Issued February 22, 2006; Editorial Revision September 30, 2009; Revised September 30, 2010; Editorial Revision June 26, 2014; Editorial Revision April 6, 2020 Regulatory excerpt
Purpose of guideline Federal/Provincial jurisdiction Although there is a presumption that all OHS falls under provincial jurisdiction, the OHS of certain organizations will fall under federal jurisdiction. The OHS of an organization may come under federal jurisdiction in one of the following two ways:
WorkSafeBC protocol where there are jurisdictional limits Policy Item P1-2-1 provides general guidance on how WorkSafeBC prevention officers will exercise their powers in situations where it has been established that there are jurisdictional limits on those powers. The policy states that, where WorkSafeBC is totally excluded from inspecting an operation, prevention officers will not knowingly issue an order or exercise another power under the OHS provisions with respect to an operation in this situation. If prevention officers observe what they believe to be a violation of a statute or a regulation administered by another agency, they will
While section 2(c) of the Act permits the federal government to submit to the application of the OHS provisions of the Act, which would give WorkSafeBC the ability to inspect organizations that are under federal jurisdiction, the federal government has not submitted to the application of the OHS provisions of the Act under this section. Questions Issued February 22, 2006; Revised April 4, 2006; Editorial Revision April 6, 2020 Regulatory excerpt
Purpose of guideline Jurisdiction Under the authority of Prevention Manual Policy Item P1-2-1 Application of the OHS Provisions - Where Jurisdictional Limits Exist, where WorkSafeBC prevention officers observe what they believe to be a violation of the Fire Services Act or its regulations, prevention officers will notify the local assistant to the Fire Commissioner. Before notifying the local assistant, the prevention officer should inform the employer of the situation that may be a violation of the Fire Services Act or its regulations and that the officer will be advising the Office about a possible violation. Prevention officers will not issue an order or exercise another power to directly enforce a statute or regulation of another agency. Prevention officers can contact the Office at (250) 952-4913 to obtain contact information for local assistants in their region. The Office advises that at times, there may be some outstanding fire safety issues that are not resolved in a workplace. These could be violations under the Workers Compensation Act or the OHS Regulation. The local assistants to the fire commissioner (LAFCs) will let the owners/employers know that the items, if not corrected, will be reported to WorkSafeBC. The LAFCs will report issues they are aware of that affect worker health and safety to WorkSafeBC by calling the Prevention Call Centre or the toll free number. If the issue involves a high risk or immediate danger to a worker, the LAFC would advise the Prevention Call Centre so that a prevention officer could be assigned to respond promptly. For less urgent matters, the LAFC would understand that it may take several business days for the prevention officer to receive the information and follow up. G-P1-2-5 Jurisdiction over railwaysIssued April 1, 2006; Revised October 19, 2007; Editorial Revision November 21, 2017; Editorial Revision April 6, 2020 Regulatory excerpt
Purpose of guideline Provincial jurisdiction Specific railways/operations
For further clarification, railway operations once carried on by BC Rail have been transferred to CN Rail. As CN Rail is a national carrier, the former BC Rail operations are now under federal jurisdiction, including occupational health and safety requirements. Notifying Technical Safety BC Prevention Manual Policy Item P1-2-1 Application of the OHS Provisions - Where Jurisdictional Limits Exist provides directions to WorkSafeBC prevention officers inspecting an operation that WorkSafeBC is not totally excluded from, but for which certain equipment or activities included in the operation are covered by a statute or regulation administered by another agency, such as TSBC. For example, where a prevention officer in the course of an inspection or investigation of a railway becomes aware of possible breaches of the railway operating rules under the Railway Safety Act or regulations, the policy requires the prevention officer to
Before notifying TSBC, the prevention officer should inform the employer of the situation that may be a violation of a statute or regulation of TSBC. G-P1-2-6 WorkSafeBC jurisdiction over helilogging operationsIssued June 6, 2006; Editorial Revision April 6, 2020 Regulatory excerpt
Purpose of
guideline Summary For helilogging operations, employers involved in air operations will fall under federal jurisdiction. In addition, helilogging ground crews that are employed by such federally regulated employers or that work for different employers that are integrated with the federal employer will fall under federal jurisdiction. Jurisdiction over OHS Regulation of OHS falls under provincial jurisdiction, unless it can be established that an organization operates predominantly in an area of federal competence under the Constitution and that regulating the labour relations of the organization is integral to regulating that area of federal competence. The OHS of that organization then will fall under federal jurisdiction and WorkSafeBC will have no jurisdiction over OHS concerns. Likewise, an operation that would otherwise fall under provincial jurisdiction may fall under federal jurisdiction if there is a "high degree of operational integration" with a federally regulated organization. For example, if that operation forms an integral part of a federally regulated organization, or if the federally regulated organization is dependent on the provincial enterprise to carry out its federally regulated tasks. In assessing whether an organization is federally regulated, the courts inquire into the operations and normal activities of the organization in the context of the nature of the service, business, or work performed. Federal jurisdiction over helilogging The federal government will have jurisdiction over the operations of ground crews involved in helilogging operations if it can be established that the ground crew's operations form part of the federally regulated aeronautics operations. For example, where both the ground crew and the air crew have the same employer. Where there is a ground crew that is not part of an aeronautics operation, the crew will be under federal jurisdiction if there is a high degree of "functional integration" with the aeronautics undertaking. Functional integration may exist where there is common management, corporate control and direction over both the ground crew and air crew, or where there is a natural link or operational continuity between the activities of the ground and air crew. WorkSafeBC will have jurisdiction over the ground crew where the crew operates independently of the aeronautic undertaking and cannot be said to be integrated into the operations of the aeronautic undertaking. This may exist where the ground operation undertakes a variety of operations, some of which may relate to helilogging or helilogging clients and where there is little interaction between the air crew and the ground crew. What should field officers ask?
Questions about jurisdiction in helilogging, and other questions relating to the jurisdiction of WorkSafeBC over OHS, may be directed to the OHS Practice and Engineering Support department of WorkSafeBC. G-P1-2-7 Jurisdiction over minesIssued June 18, 2008; Editorial Revision September 19, 2014; Editorial Revision April 6, 2020; Editorial Revision July 30, 2021 Regulatory excerpt Section 2 of the Act states:
Section 3 of the Act states:
Purpose of guideline Ministry of Energy, Mines and Low Carbon Innovation OHS
jurisdiction
The approval of mining projects under the Mines Act and the Health, Safety and Reclamation Code for Mines in British Columbia is administered by the Ministry of Energy, Mines and Low Carbon Innovation ("EMLI"). A permit from EMLI is required for coal and mineral exploration programs, placer mining, sand and gravel pits and quarries, proposed coal or hardrock mineral mines, major expansions or modifications of producing coal and hardrock mineral mines, as well as large pilot projects, bulk samples, trial cargoes, and test shipments. All activities conducted in relation to mining within the boundaries of a Mines Act permit area fall within the OHS jurisdiction of EMLI. Examples include: mining drilling and exploration; construction and blasting on mine property; operation of mining company labs and mobile equipment at a mine site; roads on mine property; and processing facilities, power lines, and pipelines that service the mine and are situated within the mine boundaries. Sites outside of the mine permit area that are designated as "mines" by the Chief Inspector of Mines will also fall under EMLI's OHS jurisdiction. Aggregate pits, such as gravel pits, that are exploited primarily for commercial purposes constitute "mines" under the Mines Act and are thus within the OHS jurisdiction of EMLI. In other words, if the primary purpose of the excavation is to extract aggregate, OHS over the pit will be the responsibility of EMLI. 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. On the other hand, if the excavation is primarily conducted for development purposes (for example, for erecting a foundation structure for a building) under a development or building permit from another level of government (such as a municipality or regional district), the aggregate pit will fall within the jurisdiction of WorkSafeBC, even if the excavated material is eventually sold. WorkSafeBC OHS jurisdiction WorkSafeBC's jurisdiction also extends to service roads running through mine boundaries that are used to access areas beyond the mine, such as forestry or oil and gas operations. It should also be noted that oil and gas exploration and production activities are within WorkSafeBC's jurisdiction. Dual OHS jurisdiction Other examples of situations where dual jurisdiction may arise include concrete plants with associated gravel pits. In these situations, the jurisdictional dividing line will vary from case to case. The more direct and regular the connection between the activity and the mine site, the more likely it is to be "for use in servicing a mine or for use in connection with a mine." For instance, a loader that is routinely used to dump gravel into the processing plant will fall within WorkSafeBC's jurisdiction. In contrast, if the loader constitutes a significant part of the operation of the gravel pit and is only used occasionally in relation to the processing plant, OHS over that piece of equipment will be the responsibility of EMLI. Further information 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. Requirements for notifying and cooperating with EMLI
Before notifying EMLI, the prevention officer should inform the employer of the situation that may be a violation of a statute or regulation of EMLI and that the prevention officer will be contacting EMLI for its follow-up. Contact information for EMLI regional offices is available online at https://www2.gov.bc.ca/gov/content/industry/mineral-exploration-mining/health-safety/certifications G-P1-2-8 Jurisdiction over marine operationsIssued September 24, 2008; Revised February 4, 2010; Revised November 23, 2010; Editorial Revision April 6, 2020; Editorial Revision April 30, 2020 Regulatory excerpt
Purpose of guideline Jurisdiction over OHS Likewise, an operation that would otherwise be under provincial jurisdiction may fall under federal jurisdiction if there is a high degree of operational integration with a federally regulated organization. In other words, if the provincial operation forms an integral part of a federally regulated organization, or if the federally regulated organization is dependent on the provincial enterprise to carry out its federally regulated tasks, OHS over the operation will be under federal jurisdiction. In assessing whether an organization is federally regulated, the courts inquire into the operations and normal activities of the organization in the context of the nature of the service, business, or work performed. Commercial fishing Transport Canada may control only the fundamental aspects of navigation and shipping within the province. For example, it may impose rules designed to ensure the safety of vessels as long as the rules relate only to maritime matters, such as communication procedures, crew navigation qualifications, and emergency equipment. In addition, Fisheries and Oceans Canada may manage the fishery resources. There are a number of activities on board commercial fishing vessels that are the joint focus of WorkSafeBC and the federal government. These include the stowing of cargo and catch, the setting and retrieving of the vessel's anchor, engine room procedures, and emergency drills. This division of responsibilities is reflected in a memorandum of understanding between WorkSafeBC and Transport Canada respecting OHS jurisdiction on fishing vessels. Fishing vessels are not the only vessels over which WorkSafeBC and Transport Canada may have joint jurisdiction. Vessels Even when a firm is within the OHS jurisdiction of WorkSafeBC (for instance, BC Ferries), any aspects of that firm's operations that are integral to navigation and shipping will fall under federal jurisdiction. The following are some examples:
The following are some examples of matters that are within the OHS jurisdiction of WorkSafeBC:
Wharves Ports and harbours Federal jurisdiction over the OHS of enterprises that transport or handle goods may also arise if the transportation of grains or dangerous goods is involved. Ship construction and repairs Aquaculture Dredging and construction of works Dual jurisdiction Requirements for notifying and cooperating with the federal government
Before notifying the agency, the prevention officer should inform the employer of the situation which may be a violation of a statute or regulation of another agency, and that the prevention officer will be contacting the agency for their follow-up. Questions Issued April 13, 2011; Editorial Revision April 6, 2020 Regulatory excerpt
Purpose of guideline Jurisdiction over OHS Likewise, an operation that would otherwise be under provincial jurisdiction may fall within federal jurisdiction if there is a high degree of operational integration with a federally regulated organization. In other words, if the provincial operation forms an integral part of a federally regulated organization, or if the federally regulated organization is dependent on the provincial enterprise to carry out its federally regulated tasks, OHS over the operation will be under federal jurisdiction. In assessing whether an organization is federally regulated, the courts inquire into the operations and normal activities of the organization in the context of the nature of the service, business, or work performed. Pipelines Upstream facilities If the facilities do not constitute a single federal undertaking, they will only be federally regulated if they are "integral" to the interprovincial or international pipeline. For example, in cases where the upstream operations (e.g., production of natural gas) constitute the primary activity and the interprovincial or international pipeline is clearly secondary, then the upstream facilities will be under WorkSafeBC jurisdiction. Provincial contractors If a WorkSafeBC prevention officer encounters a provincial firm working on a federal undertaking, the prevention officer should collect information relating to the degree of integration between the provincial contractor's crews and the federal enterprise. As well, the prevention officer should collect information relating to the dependency of the federal operation on the provincial contractor. Specifically, the prevention officer should attempt to determine the following:
Requirements for notifying and cooperating with the federal government Prevention Manual Policy Item P1-2-1 Application of the OHS Provisions - Where Jurisdictional Limits Exist provides that prevention officers will not knowingly issue an order or exercise another power to directly enforce a statute or regulation administered by another agency. The policy also requires prevention officers who observe what they believe to be a violation of a statute or a regulation administered by another agency to:
Before notifying the agency, the prevention officer should inform the employer about the situation which may be a violation of a statute or regulation of another agency, and that the prevention officer will be contacting the agency for their follow-up. Questions Guidelines - Workers Compensation Act - Interpretation and PurposesG-P2-14 About OHS GuidelinesIssued September 30, 2009; Editorial Revision April 6, 2020 Regulatory excerpt
In addition to the requirements for health and safety and the occupational environment that are set out in the Act, the Occupational Health and Safety Regulation ("Regulation") also sets out legal requirements. To assist with the administration of the Act and the Regulation, WorkSafeBC publishes policies, guidelines, and other materials. Hierarchy of authority The Act provides the legal authority and framework for all WorkSafeBC prevention activity. The Regulation is enacted under the authority of the Act. The Act and the Regulation both set out legally binding requirements on employers, workers, and other workplace parties. Policies and guidelines are intended to provide direction on compliance with the Act and the Regulation. Prevention policies are issued by the Board of Directors and are binding on WorkSafeBC decision makers. They cannot conflict with requirements in the Act or the Regulation. Guidelines are issued to further WorkSafeBC's prevention mandate by providing information to stakeholders. They cannot conflict with the requirements in the Act or the Regulation. In the event of a conflict, a prevention policy will take precedence over a guideline. About Prevention Policies and the Prevention Manual About OHS Guidelines The guidelines communicate information to assist workplace parties in a variety of ways. A guideline may do one or more of the following:
How "Enforceable" Are Guidelines? The simple answer is that whether a party is bound by a guideline will depend on the reason for, and intent of the particular guideline. 1. Information about complying Most OHS guidelines simply provide information about complying with legal requirements that are in the Act or the Regulation. For these guidelines, the information and examples discussed in the guideline are not, strictly speaking, mandatory in nature - other means of complying may be acceptable, provided that the objectives of the requirement in the Act or the Regulation are met. One common use of a guideline to provide information about compliance is where a section sets out very broad based requirements (referred to as performance based requirements). Many employers will want to know in these instances, "What do I need to do to meet this requirement?" In the case where there may be more than one way to comply with a requirement, a workplace party can choose to follow a method of compliance that is not contemplated by the applicable guideline. To accept an alternative approach to compliance, prevention officers will consider the information provided in a guideline as one source of information for deciding to assist them in determining if the chosen method of compliance being proposed meets the legal requirements in the Act or the Regulation. For example, section 4.21 of the Regulation requires that an employer develop and implement procedures for checking the well being of workers who work alone. The guideline for this section (G4.21) provides information about methods for accomplishing this, including the various systems and technologies that may be used. The guideline serves to assist the employer only, and is not meant to be strictly followed in order to achieve compliance. The employer can review this information and use it to determine how they can best meet the requirements of section 4.21 given their particular circumstances. 2. Prescribing WorkSafeBC determinations Many guidelines relate to sections of the Regulation that give WorkSafeBC the ability to set out mandatory standards. In these cases, the guideline simply communicates WorkSafeBC's standard that must be followed. Such sections tend to have language like "acceptable to the board" or "approved by the board." For example, section 21.5 of the Regulation provides that only the holder of a valid blaster's certificate issue "by the board" or "acceptable to the board" may conduct or supervise a blasting operation. Guideline G21.5 sets out the agencies that are accepted by WorkSafeBC to issue valid certificates. Only certificates issued in accordance with the guideline will be recognized as valid by prevention officers. In any event, whether providing information about compliance, or setting out a standard to be followed, the actual wording of the Act or the Regulation and the information contained in a guideline should be thoroughly reviewed by a workplace party when choosing a course of action. Developing and updating OHS Guidelines New guidelines and updates to guidelines are initially released for use marked as a "Preliminary Issue" with the effective date indicated, and will remain so marked for a minimum of 60 days. These guidelines are posted on the WorkSafeBC website for public comment during this time period. There are two reasons for the "Preliminary Issue" step. First, it allows WorkSafeBC to issue guidance material in a timely manner to address issues that arise. Second, a consultative body called the Policy and Practice Consultative Committee (PPCC) made up of representatives of industry and labour receives the guideline and is given the opportunity to review and comment before it is finalized. At the conclusion of the 60-day consultation period, any necessary changes to a guideline are made, and the "Preliminary Issue" marking is removed. Anyone who wishes to comment on a guideline or has suggestions for a new guideline can contact the OHS Practice and Engineering Support department at WorkSafeBC's Richmond office by email at . Guidelines - Workers Compensation Act - General Duties of Employers, Workers and OthersG-P2-21 Communicable disease preventionIssued July 1, 2021 Regulatory excerpt
Purpose of guideline Obligation to protect the health of workers Communicable diseases are illnesses caused by an infectious agent or its toxins that occur through the direct or indirect transmission of an infectious agent or its products from an infected individual or another vector. For the purpose of this guideline, the communicable diseases of concern are those that circulate in the community from time to time and as a result may be introduced into a workplace, such as COVID-19, norovirus, and influenza. When warranted, the Provincial Health Officer or a medical health officer ("Public Health") may indicate communicable diseases of concern to B.C. workplaces. During periods of elevated risk where Public Health officials issue guidance, notices, or orders related to an employer's region and industry, employers must take steps to implement appropriate measures in accordance with the guidance of Public Health. These measures are in addition to the general measures for communicable disease prevention which should be in place at all times. While these measures around communicable diseases are applicable to all employers, some employers will also have additional requirements to develop and implement exposure control plans under section 6.34 of the OHS Regulation ("Regulation"). Refer to OHS Guideline G6.34-1 for examples of workplaces which are likely to require an exposure control plan. General measures for communicable disease prevention
Communicable disease prevention: A guide for employers can assist employers in understanding the components of communicable disease prevention and develop a communicable disease plan. Public Health guidance Responding to elevated risks Useful websites Issued February 4, 2005; Editorial Revision June 29, 2017; Editorial Revision April 6, 2020 Regulatory excerpt
Sections 13(1) and 13(4) of the Human Rights Code ("Code") of British Columbia state:
Purpose of guideline Background Bona fide occupational requirements and accommodation of workers What constitutes accommodation to the point of undue hardship is a question that rests on the unique facts of each case. Accommodation may take many forms depending on the circumstances, including reassignment, changing work schedules, modifying machinery, and so forth. The point of undue hardship will generally vary with the size of the employer, as larger employers may find it easier to accommodate a worker's protected characteristics without suffering a great degree of harm. The employer is usually expected to take the initiative in proposing ways to accommodate a worker, and a worker is expected to actively participate in the process. Role of the prevention officer The prevention officer will not advise the employer on accommodation issues, as the nature of accommodation is a complex legal question which is dependent on numerous factors related to the employer's operations. 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. However, the prevention officer could advise on alternative work practices that comply with the Act or Regulation which could be acceptable to both parties. The prevention officer should return to the worksite after a reasonable period of time and discuss what steps (if any) the employer has taken to resolve the issue and any ongoing Act or Regulation violations that stem from Code-related issues. If the employer has not taken steps to address any ongoing violations, the prevention officer should no longer refrain from writing orders against the employer. The prevention officer should ensure compliance with the Act and Regulation, regardless of any outstanding Code-related issues at the worksite, as the onus rests with the employer to accommodate a worker in the face of bona fide occupational requirements. Any dispute that arises regarding the employer's choice of accommodation measures (if any) would fall within the jurisdiction of the BC Human Rights Tribunal and should be dealt with by that agency. G-P2-21(1)-2 Labour supply firms and client employers - ResponsibilitiesIssued April 13, 2011; Editorial revision consequential to August 4, 2015 Regulatory Amendment; Revised July 27, 2017; Editorial Revision April 6, 2020 Regulatory excerpt Section 21 of the Act states:
Section 30 of the Act states:
Section 3.1 of the Regulation states:
Purpose of guideline
Background Labour supply firms and their responsibilities as employers Under section 21(1) of the Act, the labour supply firm as the direct employer has the responsibility to ensure the worker's health and safety. A key element is to evaluate the client's ability to adequately protect, instruct, and supervise the worker. Engaging a less sophisticated client firm will necessarily entail more diligence from the labour supply firm regarding the instruction and supervision it gives its workers. Aspects of fulfilling this obligation should include the following:
Under section 21(2) of the Act, the labour supply firm's obligation includes the following:
The labour supply firm may rely to a greater or lesser degree on the client firm to carry out aspects of these obligations. However, the labour supply firm is expected to confirm that these elements of its compliance will be carried out by the client firm by communicating clearly its expectations in advance and following up with the client firm. Failure of the client firm to carry out these elements will result in the labour supply firm's non-compliance. The client firms and their responsibilities as employers Section 21(1)(a)(ii) of the Act sets out that every employer must ensure the health and safety not only of its own workers, but "any other workers present at a workplace at which that employer's work is being carried out." The scope of this duty depends on the employer's knowledge of and control over the workplace, its hazards, and the workers in question. 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. 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. The client firm should
The following clarifies how some specific requirements in the Regulation should be approached where workers of labour supply firms are present at client firm workplaces. Impact on the client firm's OHS program requirements Workers are included in the count if they are employed for more than a month. In addition, they are included if they have currently worked for less than a month but have previously worked periodically for the employer. As noted in section 3.1(1) of the Regulation, if an employer employs workers in at least one moderate- or high-risk operation, there must be a formal OHS program if the total workforce in all operations is 20 workers or more. Construction workplaces, for example, are normally considered to be moderate- to high-risk workplaces. First aid 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. Protection from hazardous materials/WHMIS Information requirements on hazardous materials are covered primarily in Part 5 (Chemical Agents and Biological Agents) of the Regulation. 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. For hazardous substances covered by WHMIS, the worker must receive the education and training required by sections 5.6 and 5.7 of the Regulation. 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). Section 5.7 addresses site-specific requirements for training in the safe procedures for hazardous products in the workplace. The labour supply firm and the client firm may, depending on the arrangements between them, share in the responsibilities for both generic instruction and site-specific training. It may be a typical scenario for the labour supply firm to ensure generic instruction is given, and the client firm to cover site-specific training. New Worker Orientation Specific direction concerning the obligations of farm labour contractors to establish occupational health and safety programs is set out in OHS Guideline G3.1-2 Farm labour contractors and growers. Accident Reporting and Investigation
An employer must investigate any of the above listed incidents, as well as any incident that involves the following:
Generally, the obligation to report and investigate a workplace incident rests primarily with the employer present at the workplace at which the accident or incident took place. This is because the employer present at the workplace, generally the client firm, will likely be best positioned to
If the client firm conducts an incident investigation, the labour supply firm can help the people investigating the incident by providing details about the information, instruction, and training that workers received. The labour supply firm can also provide insight into how expectations were communicated between the labour supply firm and client firm. A labour supply firm may be required to undertake an independent incident investigation in some situations. Examples include, but are not limited to, the following:
The employer(s) that conducts an incident investigation must prepare any associated incident investigation reports or corrective action reports that are required. More information about incident investigations and associated reports are set out in Prevention policies P2-71-1 and P2-72-1, and the associated guidelines. G-P2-21(1)-3 Bullying and harassmentIssued November 1, 2013; Editorial Revision April 6, 2020 Regulatory excerpt Section 21 of the Act states:
Policy P2-21-2 ("Policy") states:
Reasonable Steps to Address the Hazard WorkSafeBC considers that reasonable steps by an employer to prevent where possible, or otherwise minimize, workplace bullying and harassment include the following: (a) developing a policy statement with respect to workplace bullying and harassment not being acceptable or tolerated; (b) taking steps to prevent where possible, or otherwise minimize, workplace bullying and harassment; (c) developing and implementing procedures for workers to report incidents or complaints of workplace bullying and harassment including how, when and to whom a worker should report incidents or complaints. Included must be procedures for a worker to report if the employer, supervisor or person acting on behalf of the employer, is the alleged bully and harasser; (d) developing and implementing procedures for how the employer will deal with incidents or complaints of workplace bullying and harassment including: i. how and when investigations will be conducted; ii. what will be included in the investigation; iii. roles and responsibilities of employers, supervisors, workers and others; iv. follow-up to the investigation (description of corrective actions, timeframe, dealing with adverse symptoms, etc.); and v. record keeping requirements; (e) informing workers of the policy statement in (a) and the steps taken in (b); (f) training supervisors and workers on: i. recognizing the potential for bullying and harassment; ii. responding to bullying and harassment; and iii. procedures for reporting, and how the employer will deal with incidents or complaints of bullying and harassment in (c) and (d) respectively; (g) annually reviewing (a), (b), (c), and (d); (h) not engaging in bullying and harassment of workers and supervisors; and (i) applying and complying with the employer's policies and procedures on bullying and harassment. Purpose of guideline While this guideline provides guidance on the application of the Policy under section 21 relating to bullying and harassment, a handbook and other resources providing detailed information on how to prevent and deal with workplace bullying and harassment is provided in an online tool kit of resources produced by WorkSafeBC. Background WorkSafeBC prevention officers' role is to ensure employers have implemented policies and have an appropriate framework for dealing with bullying and harassment, and that supervisors and workers are meeting their obligations under the Policy. Prevention officers will also ensure that workers with individual complaints about bullying or harassment are referred to appropriate resources at WorkSafeBC for proper assistance guided by each individual's circumstances. What is "bullying and harassment?" There are a number of elements in the definition, which are described below. "Conduct or
comment" Examples of conduct or comment that might constitute bullying and harassment include, but are not limited to, the following:
While a number of these examples will involve overt or easily observable behaviours, bullying and harassment can also include more subtle and less obvious conduct or comment. Whether any conduct or comment will constitute bullying and harassment will depend on the context, and whether the individual engaging in the conduct or comment knew or reasonably ought to have known that the worker subject to it would be humiliated or intimidated. "By a person" "Knew or reasonably ought to have known would cause that worker to be humiliated or intimidated"
Even if the person alleged to have engaged in bullying and harassment claims to be unaware that the behaviour was humiliating or intimidating, the behaviour may still be bullying and harassment if a reasonable person in the same situation would have known the behaviour was humiliating or intimidating to that worker. 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. The use of the phrase "that worker," means that the characteristics of the worker who is the subject of the alleged bullying or harassment need to be taken into account in determining if the conduct or comment would be humiliating or intimidating. Conduct or comments that one worker may accept or tolerate might cause a different worker to be humiliated or intimidated. What is not bullying and harassment? Management and direction of workers or the place of employment include, for example, decisions relating to the following:
While the employer may exercise its authority to make legitimate management decisions, this does not mean that these decisions can be undertaken in a manner that would constitute bullying or harassment. Reasonable
steps to address the hazard
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. The extent to which employers are required to involve worker and employer representatives of the joint health and safety committee, as well as whether the employer must provide the joint health and safety committee with the results of a bullying and harassment investigation, is currently being reviewed for further Policy development by WorkSafeBC. Further direction on the obligations of employers in conducting investigations will be communicated by that Policy. While more detailed Policy on the role of the joint health and safety committee is being developed, it is important to note that section 21(2)(g) of the Act requires employers to consult and cooperate with joint committees and worker health and safety representatives at the employer's workplace. It is expected that employers will engage in ongoing consultation with the joint health and safety committee or worker health and safety representative regarding the nature and effectiveness of their bullying and harassment program, and to engage with the joint health and safety committee in the course of the annual review.
Workers who investigate incidents and complaints should receive specific training and instruction that is appropriate for the sensitive and challenging task of responding to bullying and harassment complaints.
Multiple employer workplaces Section 24 of the Act requires a prime contractor at a multiple employer workplace to do everything that is reasonably practicable to establish and maintain a system or process that will ensure compliance with health and safety requirements. This requirement would extend to maintaining a system for dealing with complaints of bullying and harassment between workers of different employers and ensuring employers comply with the requirements around bullying and harassment. Other rights and remedies Refusal of unsafe work — Section 3.12 of the Regulation Prohibited Action - Sections 47–50 Workers Compensation Act Others Enforcement Prevention officers may also attend a workplace in response to an "action request" based on a complaint or concern. For example, a worker may advise WorkSafeBC of concerns such as the requirements of the Policies not having been put into place at a workplace, or the policy statement or established procedures not having been implemented. Given the sensitivity of surrounding allegations of bullying and harassment, in the course of their inspections, prevention officers will take care to protect sensitive and confidential information that they collect, either through a review of documentation or witness interviews. However, complete confidentiality cannot be guaranteed; full disclosure of information can occur during a review or appeal procedure. Finally, all persons questioned during an inspection by a prevention officer have the right to be accompanied by a person of their choice who is reasonably available during questioning, as is provided by section 80 of the Act. G-P2-21(2)(f) Copy of the Act readily availableIssued April 27, 2000; Updated March 28, 2002; Editorial Revision February 7, 2006; Editorial Revision April 6, 2020 Regulatory excerpt
Purpose of guideline "Readily available" Use of electronic versions of the legislation The use of WorkSafeBC's "Excerpts" from the Act The employer's plan for providing workers access to the complete Act might include arrangements to visit a company's office or other fixed work location, a local library or another resource center where the relevant material can be accessed in print form or online. The Act requires the employer to post and keep posted "a notice advising where the copy is available for review". Sources of the Act and Regulation
Legislation can also be purchased from Crown Publications Inc. (phone 250-387-6409 or 1-800-663-6105 toll-free in North America) G-P2-22 Orders to workersIssued September 30, 2009; Editorial Revision April 6, 2020 Regulatory
excerpt
Section 23 (General duties of supervisors) of the Act states:
Purpose of guideline Background Prevention policy provides that all parties with duties under the Act may be able to affect the health and safety of persons at or near a workplace. While employers have the primary responsibility for health and safety at their workplace, any and all of the parties may be cited for violations of their statutory duties as more than one party may be responsible. Each party must fulfill the obligations imposed on the individual party and where those obligations have not been fulfilled, prevention officers may issue orders to all the parties. In issuing orders, the main consideration is not which party is most responsible for a workplace violation. Rather, prevention officers consider issuing orders on those persons who are not in compliance with their responsibilities under the Act and Regulation. Whether orders are issued on an employer or not, the prevention officer will consider if orders on the supervisors and workers are required. OtWs may also be issued against an employer, if they are acting in the capacity of a worker. Responsibilities Responsibilities of workers set out under section 22 of the Act include the following:
Workers may not be disciplined for refusing to perform a task that they have reasonable cause to believe is dangerous. A supervisor or worker has the right to refuse unsafe work and the employer should advise them of that right. Supervisor
Supervisors have the right and responsibility to refuse to direct workers to perform work the supervisor considers unsafe. Issuing orders Knowledge Control Reasonable steps to be taken Situations where an OtW may be appropriate include
Collaborative approach In many cases, the OtW can be used as a learning tool for a supervisor or worker and should not be regarded as a punitive measure. However, the OtW can be used appropriately to serve as the foundation for progressive discipline by an employer or further compliance activity by a prevention officer. The OtW also supports engaging the supervisor or worker in health and safety at work through
When issuing an OtW, these goals can often best be achieved by including the employer and using a collaborative approach between the employer and worker. The prevention officer can also ask the employer to agree to follow-up with the supervisor or worker to ensure their understanding of, and compliance with, the OtW. Orders to workers against employers, suppliers, directors, or officers Appendix
Procedural Directions When Issuing an OtW Procedures Where a prevention officer determines that the criteria for issuing an OtW have been met the following procedures apply when issuing the OtW. First, the prevention officer should consult with the worker and the employer of the worker. This consultation should cover
Second, the prevention officer will issue the OtW, and require the order to be posted in the worksite (refer to section below for further information). The prevention officer may include text outlining the consequences of not complying with the order. Consequences include possible prosecution and fine, orders being issued against the employer for failing to ensure the worker complies with the OtW, and orders to stop using equipment or stop work generally where either order is appropriate. The prevention officer may also include a Notice of Compliance for the worker to complete. The Notice of Compliance will be completed and signed by the worker, in conjunction with the employer, and will outline what steps the worker agrees to take to ensure compliance with the order. Finally, the prevention officer will determine if a follow-up is needed with the worker and/or employer to ensure that compliance has been achieved, and if applicable, if the steps in the Notice of Compliance have been followed. Posting of OtWs Disclosure to the employer of the OtW and posting the OtW are meant to assist workplace parties to meet the required standards for occupational health and safety. For example, the information on an OtW can assist an employer to
Information in an IR Issued December 21, 2009; Editorial Revision March 7, 2011; Editorial Revision April 6, 2020
Regulatory excerpt
Purpose of guideline Background The various forms of access to public lands include the following
Public owners will have the obligations under the Act with respect to public lands used as workplaces. The primary obligation is that of an owner under section 25 of the Act, however in certain circumstances other obligations contained in the Act and the OHS Regulation ("Regulation") may come into play. The owner's obligation
These obligations reflect the unique role that owners of workplaces have in possessing knowledge of risks inherent in their lands and premises as well as the control they have over shaping the infrastructure. They also acknowledge that the owner of lands and premises where work is being carried out does not have the same level of control over or responsibility for the work that is being carried out as the direct employer of the workers doing the work, who have the primary health and safety obligations under the Act and Regulation towards workers at the workplace. The obligations in section 25 are to provide lands and premises in a manner that ensures health and safety and to provide information to employers about known health and safety hazards. The owner's obligation - Providing lands and premises in a safe condition Most access granted to public lands is to lands in an undeveloped state. In such circumstances, the extent of the public owner's obligation under this section would be minimal. For example, though remote lands to which the province grants access to guides and outfitters are unquestionably workplaces, it would be unreasonable to expect ministries of the government to take steps to remove or mitigate hazards that are an inherent part of the environment, and which would be reasonably expected by employers and workers to be present. Where the public owner provides access to lands on which they own improvements, it will be expected that these improvements will be provided and maintained in a condition that provides a safe environment for workers. For example, where an employer is provided access to a workplace across a bridge owned by a municipality, the municipality must ensure that the bridge has been adequately maintained and has the capacity to withstand loads placed on it by the employer and its workers. The owner's obligation - Providing information As with the obligation under section 25(a), this obligation with respect to undeveloped lands is relatively straightforward. The public owner would be expected to provide information about unusual hazards present at such workplaces, but not about hazards that can reasonably be expected by the employer. For example, where a grazing permit area includes an abandoned mine, it would be expected that the presence of that mine would be communicated to the permit holder. The information that the owner should provide includes the presence of other permit holders to the same area, where overlapping operations might create a hazard to the workers of the different operations. Providing information about the presence of other permit holders allow them to take steps to coordinate among themselves. 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. Prime contractor obligations Section 24 of the Act states that where there are workers of two or more employers present at a workplace, the prime contractor must ensure coordination of activities and establish and maintain a system for ensuring health and safety compliance. Where no prime contractor is designated, those obligations will fall to the owner. 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. As a result, workplaces on public lands will often have multiple owners. Policy P2-25-1 sets out a number of considerations for determining responsibilities in multiple owner situations. Considerations are knowledge, control and reasonableness. In most situations where the public owner provides access to its lands to employers, the public entity will not have sufficient knowledge of or control over the workplace to be considered the owner that will be the prime contractor if none is designated. For example, where a municipality leases an entertainment venue to a third party, the municipality will tend to provide control over the facility to the lessee, and the lessee will have the most knowledge of the work that occurring at the venue. This suggests that the lessee would be the prime contractor if none is designated. However, each situation is unique and must be evaluated independently. Where the public entity maintains the greatest degree of control over and knowledge of the operations of a multiple employer workplace on its land it will be responsible for the obligations under section 24, if no prime contractor is designated. Employer obligations A public entity may also have additional obligations of an employer where it administers public lands. A number of sections of the Act and Regulation place obligations on "an" employer. The result is that employers other than the direct employer of the worker at the relevant workplace may have those obligations. In such situations, the obligation may arise where it is reasonable to have expected the public entity to have fulfilled that obligation, depending on whether there is a nexus between the obligation and the elements of the workplace under the control of the public entity. For example, section 69 of the Act states that an employer must undertake an investigation of an accident that involved a major structural failure or collapse of a building. Even though the public entity may not be the employer of the workers present at the workplace, where that accident involved public owned infrastructure, this obligation will require the public entity to investigate the collapse of a public owned building. G-P2-30 Responsibilities of the persons/parties in a workplaceIssued March 28, 2002; Revised June 6, 2007; Editorial Revision April 6, 2020 Regulatory excerpt
Policy Item P2-29/30-1 provides:
Purpose of guideline Background In most circumstances, workplace parties may not contract out or delegate their responsibilities, or otherwise rely on others to discharge their responsibilities. However, section 30 of the Act provides for a Limited Exemption to a workplace party's compliance obligations. This exemption, further described in Policy Item P2-29/30-1: General Duties - Overlapping Obligations (Policy) above, allows a workplace party to make arrangements with another party to fulfill that party's obligation. It is important to bear in mind that in order for the Limited Exemption to apply, all the elements set out in section 30 and summarized in the bulleted list in the Policy must be met. These are
Some examples may assist in understanding the applicability of the Limited Exemption in section 30 of the Act. Example 1: In this example, the employer fulfilled its obligation for the Saturday job. The elements of section 30 are met, as both the employer and the contractor had an obligation to ensure that the machinery was locked out, but having the employer comply with the lockout provisions as well as the contractor would have resulted in unnecessary duplication. However, had the contracting employer not fulfilled the lockout requirements, both the employer and the contracting employer would have been in violation of Part 10. Example 2: While the guarding on the equipment was ultimately compliant, the supplier did not meet its obligations under section 26 of the Act to ensure its equipment was safe or provide directions regarding the safe use of the equipment. Section 30 does not apply, as the employer and the supplier did not have the same obligation. Further, the Policy states that: "The third requirement of the Limited Exemption will not be met if performance of the occupational health and safety duty by one person leaves health and safety risks that would be eliminated by others performing their duty." In this example, the supplier left the risk to be eliminated by the employer performing its duty. Section 30 does not automatically excuse one party from compliance merely because another party has addressed the non-compliant situation and ensured that a hazardous situation was avoided. Example 3: The employer will inevitably remain responsible for certain aspects of instruction, training, and supervision (such as how to perform tasks safely and to ensure the workers conform to the prime contractor's system for coordinating the workplace). For those aspects of instruction, training, and supervision that the realities of the workplace suggest would be better performed by the prime contractor, then section 30 permits the employer to be excused from having to undertake those activities. However, if the prime contractor is not performing its obligations effectively, or its system of coordination is such that contact with workers is limited, then the employer is responsible to ensure that all aspects of worker instruction, training, and supervision are adequate to ensure health and safety. Guidelines - Workers Compensation Act - Joint Committees and Worker RepresentativesG-P2-32-1 Variations in joint committee requirementsIssued January 20, 2012; Revised consequential to January 1, 2016 Amendments to the Act; Editorial Revision May 29, 2018; Editorial Revision April 6, 2020 Regulatory excerpt
Purpose of guideline The purpose of this guideline is to set out the employer's responsibility in ensuring the joint committee is properly established and maintained. This guideline is also intended to provide guidance on the factors that a WorkSafeBC prevention officer may consider in determining whether to issue an order to vary the joint committee structure under section 32. Employer obligation
The employer also has obligations under section 3.26 and 3.27 of the OHS Regulation regarding evaluation of the committee and training of members. The employer should work with the joint committee in ensuring that obligations under these sections, as well as its other general duties as required by the Act or the OHS Regulation, are met. The employer is expected to take an active role in ensuring the joint committee functions as required. Varying the joint committee structure
Process The request should be supported by as much relevant information as possible. 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. Factors that the prevention officer should consider include the following:
The prevention officer should ensure that there is a union or workers' representative agreement to the proposed structure and that workers' interests are best represented in the proposed structure. The prevention officer will provide a time limit to the order to allow for the new structure to be reviewed and a renewal by the prevention officer will be based on the findings of the review. This review should include the committee evaluation to ensure the new structure is effective. The initial approval will be for 1 year to allow for the new structure to be evaluated. Subsequent approval may be for up to three years. G-P2-41-1 Joint committee course approvalIssued February 27, 2001; Revised March 25, 2005; Editorial Revision October 23, 2012; Editorial Revision September 15, 2015; Editorial Revision consequential to April 3, 2017 Regulatory Amendment; Editorial Revision April 6, 2020 Regulatory excerpt Section 41(1) of the Workers Compensation Act ("Act") states:
Purpose of guideline Under section 41 of the Act, each member of a joint committee and each worker health and safety representative is entitled to eight hours of annual educational leave for the purposes of attending occupational health and safety training courses. This educational leave is an entitlement, and is in addition to the mandatory minimum training for members of a joint committee and worker health and safety representative required under section 3.27 of the OHS Regulation. Approved
courses WorkSafeBC developed courses WorkSafeBC does not provide occupational health and safety training courses to the general public. For information on providers of WorkSafeBC developed courses, contact local OHS Training Providers. WorkSafeBC's Certification Services department is also available to provide information about training, and can be reached at (604) 276-3090 or toll-free (from within BC) at 1-888-621-7233, extension 3090 for further information. Other courses A reasonable process for selecting OHS training courses would include the steps set out in Policy Item P2-41-1 of the Prevention Manual and should consider the following:
The selected training programs do not need to be referred to WorkSafeBC for pre-approval. 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. Guidelines - Workers Compensation Act - Worker Protection in Relation to Prohibitied ActionsG-P2-49 Complaint by worker respecting prohibited action or failure to pay wagesIssued August 16, 2000; Revised April 2, 2004; Revised February 16, 2006: Revised May 17, 2006; Editorial Revision March 7, 2011; Editorial Revision June 26, 2014; Editorial Revision July 2, 2015; Revised March 18, 2016; Editorial Revision July 27, 2016; Editorial Revision April 6, 2020 Regulatory excerpt Purpose of guideline Background Enforcing orders arising from prohibited action claims When an employer does not comply with an order arising out of a prohibited action complaint, WorkSafeBC may take additional enforcement action. This can include the following:
More information for employers around what is considered prohibited action, and the remedies WorkSafeBC may order as a result of a successful prohibited action complaint is available at https://www.worksafebc.com/en/for-employers/just-for-you/respond-prohibited-action-complaints. G-P2-50(1) Determining if a prohibited action complaint has been settledIssued September 28, 2007; Editorial Revision November 26, 2019; Editorial Revision April 6, 2020 Regulatory excerpt
Section 49(3) of the Act states:
Purpose of guideline Background In some cases, the parties to a prohibited action complaint may disagree about whether they, in fact, reached a settlement of the complaint that they agreed was final and binding on them. It then becomes necessary to determine if a final and binding settlement was reached before any further considerations can take place regarding the complaint. Discussion Where the parties to a prohibited action complaint dispute whether they reached a final and binding settlement of the complaint, it becomes the duty of WorkSafeBC to consider the disputed settlement, together with the circumstances leading to it, and make a final determination of the issue. This practice applies regardless of the complaint settlement process in which the parties engaged, and includes any WorkSafeBC-sponsored mediation or settlement process. Where WorkSafeBC determines a final and binding settlement was reached by the parties, WorkSafeBC will regard the complaint as having been settled as contemplated by section 50(1) and will take no further action on it. 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. Guidelines - Workers Compensation Act - Information RequirementsG-P2-53(1) Maintaining the confidentiality of informationIssued October 23, 2012; Editorial Revision April 6, 2020 Regulatory excerpt
Purpose of guideline Discussion An environment that encourages individuals to bring forward health and safety concerns is an element in furthering WorkSafeBC's health and safety mandate. Such an environment requires that health and safety concerns can be brought to WorkSafeBC by individuals without fear of reprisal, retribution, or damage to their relationship with the employer or other workplace party. As a result, WorkSafeBC will, to the extent of its ability, protect the identities of individuals that bring concerns forward. In the majority of instances where health and safety concerns are reported to WorkSafeBC, officers will respond by conducting an inspection of the workplace. Where the concern has been brought forward by a person wishing to remain anonymous, prevention officers will protect the identity of the individual to the extent possible and are prohibited by section 53(1)(e) of the Act from disclosing to the employers at the worksite the identity of the person that reported the health and safety concern. While prevention officers will, to the extent possible, protect the identity of individuals bringing health and safety concerns forward, this may not fully guarantee that the individual's identity will never be learned by the employer or other workplace party. For example, where the workplace party challenges any orders issued to it as a result of the inspection through an order review, the workplace party will have the right to challenge evidence that is relevant to the order. Where the individual has provided information that was necessary to provide as evidence relevant to the order, it may be necessary to provide the name of that individual so that the workplace party can look into the accuracy of the information. For this reason, prevention officers will typically attempt to obtain adequate evidence without using information provided by the individual seeking anonymity. Where this is not possible prevention officers should alert the individual to the need to use that information to issue an order, and should be sensitive to the concerns of that individual while balancing the need to ensure health and safety issues at the workplace are addressed. Guidelines - Workers Compensation Act - Variance OrdersG-P2-60 Variance processIssued April 1, 2006; Editorial Revision November 24, 2006; Revised September 30, 2010; Editorial Revision April 6, 2020 Regulatory excerpt The following four sections have central relevance to the variance process:
Excerpts of these provisions are shown below.
Purpose of guideline 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. Submitting an application Information needed in a submission Section 62 of the Act outlines specific types of information to be included in the submission: a description of the variance, why it is requested, and information on benefits and drawbacks. Information on the reason(s) for the request is expected to include comments on the practicability of complying with the unvaried requirement. "Practicability" is defined in Part 1 of the Regulation as "that which is reasonably capable of being done." Also, section 62(3) of the Act requires that the applicant provide technical and any "other information" needed by WorkSafeBC to deal with the application. "Other information," as established by Policy P2-62-1, will generally include the following:
Review of an application Consultation on an application In some circumstances there may be other affected persons. For example, on a multi-employer worksite, an affected person may be a subcontractor whose workers work near the location or process to which the variance would apply. If the identity of affected parties is not clear from the application, then WorkSafeBC will contact the applicant for that information. In terms of timeliness of the process, it is in the applicant's interest to ensure that affected persons are identified in the application, and further, to include information from those parties that provides their position on the requested variance. Issuance
of a decision The decision will be issued to the applicant in writing. Copies will also be sent to any affected parties who submitted information in the consultation process. Requirement to post the decision Previous advice regarding
exceptions to OHS regulatory requirements All requirements of the current Regulation must be complied with unless an alternative approach has specifically been granted to a person who has made an application under Division 9 of the Act, in accordance with the variance process set out therein. Anyone wishing to rely on an alternative approach to a requirement under the Regulation must follow the variance process outlined above. Prevention officers will not accept any documentation relating to previous advice or interpretations relating to variances to regulatory requirements. Only those variances that have been documented and provided to persons under the Act will be considered. Guidelines - Workers Compensation Act - Employer Accident Reporting and InvestigationG-P2-68-1 WorkSafeBC notification of serious injuriesIssued February 12, 2008; Editorial Revision February 11, 2009; Revised consequential to January 1, 2016 Amendments to the Act; Editorial Revision September 25, 2019; Editorial Revision April 6, 2020 Regulatory excerpt
Purpose of guideline What employers must report
Such incidents must also be investigated by the employer under section 69. "Serious Injury" A serious injury is any injury that can reasonably be expected at the time of the incident to endanger life or cause permanent injury. Serious injuries include both traumatic injuries that are life threatening or that result in a loss of consciousness, and incidents such as chemical exposures, heat stress, and cold stress which are likely to result in a life threatening condition or cause permanent injury or significant physical impairment. Traumatic injuries that should be considered "serious injuries" include
Injuries that require a critical intervention such as CPR, artificial ventilation or control of hemorrhaging or treatment beyond First Aid, such as the intervention of Emergency Health Services personnel (e.g. transportation to further medical attention), a physician and subsequent surgery, or admittance to an intensive care unit should also be considered "serious injuries." "Major Release of a Hazardous Substance"
"Immediately" The purpose of the reporting requirement in section 68 is to ensure that a WorkSafeBC prevention officer and/or an investigations officer is able to respond to the incident, as soon as possible, in order to:
The requirement to immediately report a serious injury or fatality is separate from the requirement to report injuries for claims purposes. Filing a Form 7 will not satisfy the obligation to immediately report a serious injury or fatality. Failure to immediately notify WorkSafeBC of a serious injury or fatality will be considered a breach of section 68 of the Act, and may result in an administrative penalty. To report a serious incident or fatality, phone 604.276.3100 (Lower Mainland) or 1.888.621.7233 (1.888.621.SAFE) (24 hours a day, 7 days a week). G-P2-70-1 Participation by worker representatives in incident investigationsIssued July 27, 2016; Revised consequential to April 3, 2017 Regulatory Amendment; Editorial Revision April 6, 2020 Regulatory excerpt
Section 3.28 of the OHS Regulation ("Regulation") states:
Purpose of guideline Worker representative participation Pursuant to section 70(2) of the Act and section 3.28 of the Regulation, the participation of a worker representative includes, but is not limited to, the following:
Incident investigations involve managers and workers working together as both bring different experience, understanding, and perspective to the process. The participation of worker representatives in incident investigations plays an important part in maintaining healthy and safe workplaces. Employers must ensure that if worker representatives are reasonably available they participate in the incident investigation. This may include the following:
"Reasonably available"
In workplaces where there is a joint health and safety committee, the committee should consider establishing rules of procedure around contacting worker representatives to participate in incident investigations. If no worker representative is reasonably available, another worker who was designated as an alternate by a worker representative may participate in the investigation (refer to section 46 of the Act). Concerns about participation In workplaces where there is no joint health and safety committee, concerns about worker participation, incomplete incident investigation reports, or insufficient corrective action can be raised with a prevention officer. G-P2-71-1 Preliminary incident investigation and interim corrective actionsIssued January 1, 2016; Editorial Revision consequential to April 3, 2017 Regulatory Amendment; Editorial Revision April 6, 2020 Regulatory excerpts
Prevention Policy P2-71-1 sets out the elements of a preliminary investigation report, and the interim corrective action report. The policy also sets out the circumstances in which WorkSafeBC may consider that an employer is not able to identify all of the unsafe conditions, acts or procedures that significantly contributed to the incident. Purpose of guideline Purpose of the preliminary incident investigation
When is a preliminary incident investigation required?
A serious injury is any injury that can reasonably be expected at the time of the incident to endanger life or cause permanent injury. Serious injuries include both traumatic injuries that are life threatening or that result in a loss of consciousness, and incidents such as chemical exposures, heat stress, and cold stress which are likely to result in a life-threatening condition, cause permanent injury, or significant physical impairment. Guideline G-P2-68-1 WorkSafeBC notification of serious injuries provides further guidance around the types of injuries that WorkSafeBC consider to be serious. A major release of a hazardous substance means not only a considerable quantity, or the peculiar nature of the release, such as a gas or volatile liquid, but, more importantly, the seriousness of the risk to the health of workers. Factors which determine the seriousness of the risk include the degree of preparedness of the employer to respond to the release, the necessity of working in close proximity to the release, the atmospheric conditions at the time of the release, and the nature of the substance. Prevention Policy Item P2-68-1 provides additional guidance around what constitutes a major release of a hazardous substance. The term medical treatment is not defined in the Act or OHS Regulation ("Regulation"). For the purpose of this guideline, medical treatment means services rendered by a medical practitioner. Medical treatment usually involves treatment above and beyond that provided at the workplace by a first aid attendant. An injury requiring medical treatment includes any injury for which:
Incidents that resulted in minor or no injury, but had the potential for causing serious injury, are sometimes called "close calls" or "near misses." These incidents must be investigated, as they are evidence of conditions or practices that, if allowed to continue, may result in serious injury to or the death of a worker. The following incidents are required by Regulation to be investigated, and require a preliminary incident investigation:
Investigation participants
Elements of the
preliminary investigation report Section 70 of the Act requires that an employer record the names, addresses, and telephone numbers of witnesses and others involved in the investigation. An employer may wish to record this information at the same time as it is conducting an investigation; however, the employer should only record personal information relevant to the investigation on the incident investigation report form. All investigation reports and corrective action reports must be provided to the joint committee or worker health and safety representative, as applicable. If there is no joint committee or worker health and safety representative, the reports must be posted at the workplace. In preparing the incident investigation report and corrective action report, an employer should be mindful of the personal privacy of individuals involved in the incident. 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. Examples of personal information may include an individual's home phone number, home address, or details of an individual's pre-existing medical condition. The preliminary investigation report must include a statement of the sequence of events that preceded the incident. The sequence of events is a list of actions, events, or decisions that happened before and after the incident. The sequence of events is listed in order from earliest to latest, and can help to understand what happened and in what order. The sequence of events should then be analyzed to identify unsafe conditions, acts, or procedures that significantly contributed to the incident. A preliminary incident investigation report must be completed within 48 hours of the occurrence of the incident, regardless of how far along the employer is in the incident investigation process. An employer should make every effort to identify unsafe conditions, acts, or procedures, recognizing that the circumstances surrounding the incident may limit the employer's ability to immediately access the workplace or speak with the people involved. The employer should be mindful of the goal of preventing similar incidents from occurring during the course of the full incident investigation, and should implement interim corrective actions accordingly. The preliminary investigation report must include information about corrective actions that have been identified and taken. This includes information about corrective actions identified as required to prevent a recurrence of similar incidents during the course of the full investigation, interim action taken and corrective action that has been identified but not yet taken. The written report of a dangerous incident involving explosives must contain information specified in section 21.3(2) of the Regulation, including information about the blasters involved and the types of explosives used. These reporting requirements are in addition to the elements of the preliminary incident investigation report. Consult the Regulation and Guideline G21.3 Dangerous incident reports for more information about dangerous blasting incident reports. Reports may be combined as long as all of the requirements have been met and the reports are completed within the required time. WorkSafeBC incident response and investigations Reporting incidents for OHS and compensation purposes The requirement to immediately report section 68 incidents is separate from the requirement to report injuries to WorkSafeBC for the purpose of initiating a claim for compensation. An employer must complete Employer's Report of Injury or Occupational Disease (form 7) to report an injury to WorkSafeBC Compensation Services (the claims department). Submitting a Form 7 will not satisfy the obligation to immediately report a section 68 incident, nor does it take the place of a preliminary incident investigation report. Forms and additional resources Issued January 1, 2016; Editorial Revision April 6, 2020 Regulatory excerpts
Prevention Policy P2-72-1 sets out the elements of a full investigation report and corrective action report. The policy also provides examples of situations where WorkSafeBC may consider it appropriate to grant extensions for submitting the full investigation report. Purpose of
guideline Purpose of a full incident investigation
When is a full incident investigation required?
WorkSafeBC may extend the period for submitting the full investigation report. Elements of the full investigation report The full name and job title of all individuals involved in, or having knowledge specific to the incident or accident, must be provided in the full investigation report. This includes the name and job title of 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. Depending on the nature of the workplace, there may be other people, such as a prime contractor or property owner, who have duties or responsibilities for workplace safety. The full investigation report must identify these people as well as any other relevant workplace parties who were actively involved in the incident or who are implementing the corrective action following the full investigation. The full investigation report must include a description of the incident and statement of the sequence of events that preceded the incident, and must identify any unsafe conditions, acts, or procedures that significantly contributed to the incident. These may build on the information provided in the preliminary investigation report, but must include any additional information identified in the course of the full investigation. The full investigation report must include a determination of the cause(s) of the incident. To establish the cause, analyze the facts and circumstances of the incident to identify the underlying factors that led to the incident. Consider the underlying factors that made the unsafe conditions, acts, or procedures possible. The full investigation report must include information about corrective actions that have been identified and taken. This includes information about corrective actions identified as required to prevent a recurrence of similar incidents, corrective action that has been taken and corrective action that has been identified but not yet taken. Corrective action The full incident investigation report must include the corrective action the employer has identified to prevent the recurrence of similar incidents. This includes corrective actions that have been taken as well as corrective actions that will be taken in the future. The corrective action report following the full investigation must set out the action taken to prevent the recurrence of similar incidents. If corrective action is expected to take more than 30 days to implement, the interim corrective action report may be updated and revised until such time as all corrective action has been implemented. Examples of corrective action that may take more than 30 days include shipment of new equipment, completion of training course, or construction of updated facilities. The corrective action report, and all updated reports must, as soon as reasonably possible, be provided to the joint committee or worker health and safety representative, as applicable. If there is no joint committee or worker health and safety representative, the reports must be posted at the workplace. Combining reports Extensions for submitting the
full investigation report Where an employer is unable to complete the full investigation for reasons outside of its control, the employer may make a request to WorkSafeBC for an extension. The request for an extension should be made as soon as possible, but no later than 30 days after the incident. Policy P2-72-1.4 provides examples of situations where WorkSafeBC may consider it appropriate to grant an extension. These include situations where
WorkSafeBC does not consider it appropriate to extend the time period for submitting an employer's full investigation report on the sole basis that WorkSafeBC's own investigation report has not yet been disclosed. Forms and additional resources Additional employer resources for conducting an incident investigation are available on WorkSafeBC.com, under Health & Safety > Create & manage a healthy & safe workplace > Incident investigations. Guidelines - Workers Compensation Act - Board Inspections, Investigations and InquiriesG-P2-75-1 Advance notice of inspectionsIssued October 27, 2004; Revised April 27, 2016; Editorial Revision April 6, 2020 Regulatory
excerpts
Section 76 establishes restrictions on access to private residences. Section 78(1) of the Act provides that the employer, or a representative of the employer, and a worker representative, may accompany the officer on an inspection. Section 78(5) of the Act states that "nothing in this section requires the Board or an officer to give advance notice of an inspection." Purpose of guideline Background
A prevention officer may conduct an inspection of any workplace, at any time or place work is being done. Inspections may be made with no prior notice to any employer, union official, or any other person. Typically inspections are conducted without notice, as the purpose of most inspections is to review conditions at the workplace during the normal course of business. 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. The following are examples of situations where a prevention officer may give advance notice of an inspection.
An employer may request that a prevention officer consult with them and provide education on matters relating to workplace health and safety. If, during the course of an employer-initiated inspection, violations of the Act or Regulation are observed, the prevention officer may issue orders or enter into a compliance agreement with the employer. G-P2-75-2 Commencement of an inspectionIssued October 27, 2004; Editorial Revision November 1, 2017; Editorial Revision April 6, 2020 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. Although an inspection is made for a specific purpose, for example safety, other observed violations will be addressed. There are special procedures for initiating certain types of inspections, for example, federal WHMIS inspections conducted on behalf of Employment and Social Development Canada (EDSC). The officers doing those inspections will be trained in those procedures. Where a prevention officer attends at a place of work for a purpose other than an inspection, the employer and the appropriate workers' representative should be notified that the officer has not come for an inspection, although immediate hazards observed by the prevention officer will be addressed. A prevention officer will only cross a picket line, legally established or otherwise, to carry out Board duties when so directed by a Manager or Director and when the union organizing the line agrees. If the union does not agree, the prevention officer will report the circumstances to the Manager or Director for instructions. For the right of the employer and workers to have a representative accompany the officer during an inspection, see sections 46 and 78 of the Act and Policy P2-46-1. G-P2-75-3 Follow up inspectionsGuideline withdrawn, no longer required — August 29, 2016 G-P2-75-4 Use of equipment during inspectionsIssued October 27, 2004; Revised August 29, 2016; Editorial Revision April 6, 2020 Regulatory excerpt
Purpose of guideline Sampling, measurement, recording,
and testing equipment An inspection may be conducted at a reasonable hour of the day or night, or at any other time a prevention officer has reasonable grounds to believe that a situation exists that is hazardous to workers. Access to a place is generally not dependent on obtaining permission from the property owner or any employer. If however a workplace is also occupied as a private residence, access may be restricted, as set out in section 76(1)(b) of the Act. An employer may request that certain equipment not be used or introduced into the workplace where the use of the equipment could endanger workers. For example, the use of certain equipment may be restricted in an atmosphere that is likely to have high concentrations of flammable gases or vapours. Prevention officers should ensure that any equipment or materials used during an inspection, investigation, or inquiry does not endanger workers or others present in the workplace. 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. Depending on the circumstances, the prevention officer may proceed to use the equipment, consult with the prevention officer's manager, or take whatever other steps seem appropriate. G-P2-75-5 Incident InvestigationsIssued: September 28, 2005; Revised February 6, 2006; Retired September 21, 2012 G-P2-75(1) WorkSafeBC Authority on a Public RoadIssued August 16, 2000; Editorial Revision October 2004; Editorial Revision April 6, 2020 Section 75(1) of the Workers Compensation Act ("Act") states:
Note section 74 of the Act sets out that the authority under section 75 to conduct inspections also applies to investigations and inquiries. Officers of WorkSafeBC have not traditionally investigated vehicle accidents occurring on highways or other public roads. The practice was in part based on Policy 6.04 of the Occupational Safety and Health Division Policy and Procedure Manual, which discusses the investigation of log truck accidents. Policy 6.04 states that WorkSafeBC's inspection jurisdiction is limited to "landings, dumpsites, sorting yards, wharves, and other areas involving loading or unloading equipment on an industrial road"; it does not extend to other portions of industrial roads nor to public highways. The policy also states that WorkSafeBC must be notified of accidents involving injuries on public highways or any portion of an industrial road in all cases, and in some situations WorkSafeBC may investigate those accidents. This policy is based on a 1982 letter from the Superintendent of Motor Vehicles. A recent court decision (Regina vs. H.M.C. Services Inc) and changes to the Workers Compensation Act have made Policy 6.04 no longer valid. In the referenced court case WorkSafeBC initiated a prosecution as a result of a vehicle accident occurring on a public highway in 1998. The case involved a road sweeper unit being operated on a public road without any traffic control in place. The employer brought a preliminary challenge to WorkSafeBC's jurisdiction to investigate an accident on a public highway. The court ruled that WorkSafeBC has jurisdiction to inspect where a worker or employer is involved. In addition to the above referenced court decision, the following discussion looks at some other applicable principles.
Policy 6.04 was retired effective October 1, 2001. Prevention officers of WorkSafeBC should inspect and investigate occurrences on highways on the basis of the same criteria that they apply with respect to other workplaces. This means they should not inspect or investigate if:
Federal jurisdiction over motor vehicles can generally be determined by looking at or inquiring on three criteria. First is the way the company or operation is chartered or governed. For example, operations of the federal government are in this group, as well as activities of airlines, telecommunication and broadcast (radio, television and cable TV) operations. Second is how the labour relations of the operation are governed. If the Canada Labour Code is the applicable law, it is federal jurisdiction. If the BC Labour Code applies, it is provincial jurisdiction and WorkSafeBC likely has inspection and investigation authority. And third, if the company is a transportation operation regularly transferring items to or from locations outside of BC, it is likely a federal jurisdiction. Note WorkSafeBC generally administers work-related injuries or occupational disease claims from the federal jurisdiction, but this aspect is not an indicator of WorkSafeBC's jurisdiction to inspect or investigate for prevention purposes at a particular operation or activity in the federal jurisdiction. A prevention officer of WorkSafeBC should not exercise WorkSafeBC's authority to inspect or investigate work activity involving vehicle operation on a public road by flagging down and stopping a moving vehicle, unless such activity is being done jointly with another jurisdiction authorized and equipped to do so. Police or inspectors operating under the authority of the Motor Vehicle Act are examples of other jurisdictions that have such authority and the relevant equipment. If a vehicle is stopped on a public road, a prevention officer of WorkSafeBC needs to exercise good judgement in determining whether it is reasonably safe to carry out an inspection or investigation at that time. This involves consideration of traffic volume on the road, sight lines for other vehicle operators to see and safely react to the stopped vehicle's location, and if other traffic can safely pass the stopped vehicle. If necessary, the officer should ask the driver to move the vehicle to another location on the road nearby or elsewhere so the inspection may be safely conducted. If an inspection/investigation is taking place at the scene of a vehicle accident, a prevention officer of WorkSafeBC should only proceed with onsite activity if the scene is effectively controlled as necessary to make it safe from other road traffic. The officer should also make sure the vehicle(s) involved are not presenting a hazard through instability or the release of a hazardous material. G-P2-75(3)(c) Use of Legal Sample Bags for samples collected by WorkSafeBC officersIssued April 27, 2000; Editorial Revision October 2004; Editorial Revision April 6, 2020 Section 75(3)(c) of the Workers Compensation Act states that an "officer may …for the purposes of an inspection under this Division …take samples and conduct tests of materials, products, tools, equipment, machines, devices or other things being produced, used or found at the place, including tests in which a sample is destroyed;…" Effective January 1, 2000, the Prevention Division initiated a "Preservation of Sample" program for all samples collected by a Board officer for submission to Occupational Disease Prevention Services for laboratory analysis. This is to ensure continuity of evidence and establish that tampering has not occurred during the conveyance of the sample (in a Legal Sample Bag) from the officer to Occupational Disease Prevention Services representative. This procedure is consistent with the generally accepted practices followed by other enforcement agencies for the seizure of items related to criminal investigations. Each sample is to be sealed individually into a Legal Sample Bag at the time the sample is taken. This applies to all samples, whether a bulk sample or an air monitoring cassette or similar sample collection device. Bulk samples, such as asbestos-containing material, should be placed in a glass Teflon vial or other sealed enclosure before being placed in the Legal Sample Bag. Officers are to use sampling supplies and shipping containers as provided by Occupational Disease Prevention Services. The officer must fill out the required information indicated on the label attached to the legal sample bag. Ensure the bag is effectively sealed using the label fold-over tab. Ship the samples in accordance with the Occupational Disease Prevention Services "Field Officer Sampling Guide" along with a completed Analytical Request form. Upon receipt of each sample bag at the laboratory, a laboratory representative will check the integrity of the sample bag. 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. If the sample bag appears to have been improperly sealed, tampered with, or has been opened, the officer who submitted the sample will be contacted by the laboratory representative to discuss why this may have occurred, and to make a decision on analysis and use of the sample results. Requests for supplies of Legal Sample Bag and other sampling equipment and collection devices should be made to the Occupational Disease Prevention Services. For further information on the collection and shipment of samples, refer to the current "Field Officer Sampling Guide" issued by Occupational Disease Prevention Services. Guidelines - Workers Compensation Act - EnforcementG-P2-83-1 Compliance agreements with employersIssued September 15, 2015; Revised January 1, 2016; Editorial Revision April 6, 2020 Regulatory excerpt
Purpose of guideline Background Some examples of violations that may be appropriately addressed by a compliance agreement, depending on the circumstances, include failure to ensure that:
When a compliance agreement will not be offered
When a compliance agreement may be appropriate Some of the factors that must be considered when deciding whether a compliance agreement is appropriate in the circumstances include the following:
Requirements of compliance agreements
In addition, the compliance agreement will describe the following:
Compliance agreement deadlines The report deadline is a reasonable, mutually agreed-upon date by which the employer must report back to WorkSafeBC on corrective actions taken. It will typically be seven days following the action deadline. The prevention officer's assessment of whether the agreement has been complied with may include a review of documentation provided by the employer and/or a site inspection; this will be documented in writing. The agreement end date will typically be the same date as the report deadline. It is the employer's sole responsibility to meet the action and report deadlines. Failure to meet these deadlines will result in cancellation of the compliance agreement. Amending a compliance
agreement As stated in the Policy, when determining whether an amendment is appropriate, the prevention officer will consider a number of factors on a case-by-case basis, including the employer's progress towards compliance. In many cases, an amendment may simply consist of an extension of the action and/or report deadlines. These deadlines may be extended provided the request for an extension is made prior to the expiry of that particular deadline. WorkSafeBC does not have the discretion to extend a deadline that has been missed. Extensions of time must be reasonable and documented through an amended compliance agreement. Cancelling a compliance agreement
While the cancellation takes effect immediately whether or not the employer receives notice, the prevention officer will send written notice to the employer and will also make reasonable efforts to provide verbal notice. It should be noted that the cancellation of a compliance agreement due to the employer's fault will not result in the cancellation of other compliance agreements that may already be in effect. Posting requirements
These documents will be posted for the period of time stipulated in the compliance agreement. The employer must also provide copies of the above documents to the joint health and safety committee or worker health and safety representative, if applicable, and to the union if the compliance agreement relates to a workplace where workers of the employer are represented by a union. Issuance of orders If the employer satisfactorily completes the compliance agreement, WorkSafeBC will not retroactively issue an order for violations addressed by the agreement. When a compliance agreement is cancelled for any of the reasons set out above, WorkSafeBC will, except in exceptional circumstances, issue orders for any of the outstanding violations specifically described in the agreement. An example of an exceptional circumstance may be where an employer has been unable to submit the report by the report deadline due to a power outage. If a compliance agreement has been cancelled, but the violations are not outstanding (e.g., the report was submitted late but the violations have been corrected), orders will not be issued. Review of a decision to issue a compliance
agreement Withdrawn September 30, 2009 (please refer to G-P2-22 Orders to workers) G-P2-84-2 Order(s) when there is no violationIssued June 26, 2003; Editorial Revision June 2005; Revised April 25, 2012; Retired October 28, 2019 This guideline has been retired as it contained outdated or redundant material. G-P2-84-3 Protection of privacy in inspection reportsIssued December 21, 2009; Editorial Revision April 6, 2020 Regulatory excerpts Purpose of guideline Background Personal information in IRs
Examples of how to include personal information when needed Worker names: The name of individuals accompanying the prevention officer as worker and employer representatives will be included in an IR in the field provided in FirmFile. The name of the representative should not be included in the IR text if an observed violation relates directly to that individual. If a violation does relate directly to a representative, the IR text will simply refer to "a worker". For example: "a worker was not wearing adequate hearing protection". The IR should not contain any additional personal information about that individual. Age and employment experience: Where it is relevant to document that a particular worker has extensive experience in a particular occupation, the IR may note that the worker has "more than 20 years of experience," or simply "substantial years of experience." Similarly, in the case of a "new worker," the IR should not specify the exact amount of time the worker has been employed. Medical information: Personal opinions: Confidential business information in IRs Orders to workers Issued March 25, 2020; Editorial Revision April 6, 2020; Retired October 20, 2020 This guideline is no longer needed because all of the Vice President directives have expired. G-P2-85-1 Extension of implementation periodIssued May 15, 2002; Revised January 1, 2004; Editorial Revision October 14, 2004; Editorial Revision April 6, 2020 Section 85(1) of the Workers Compensation Act ("Act") states:
The Vice President, Prevention Services has the authority to exercise WorkSafeBC's power under section 85(1) to establish restrictions and conditions on the making of orders under the OHS provisions of the Act. The Occupational Health and Safety (OHSR) took effect on April 15, 1998. Many new requirements were enacted under the OHSR, and therefore, a period of one year was granted to comply with the new requirements. The initial one-year period was extended by the Vice President for some sections where there were practical difficulties with compliance by the affected industries. A number of these extensions were due to expire on December 31, 2003. Where the Vice President has issued a directive to continue the extension for one or more sections of the OHSR , an OHS Guideline has been issued for the relevant sections. Conditions and restrictions of directives
Issued June 1, 2006; Revised January 20, 2012; Revised January 1, 2016; Revised February 1, 2016; Editorial Revision April 6, 2020; Revised September 18, 2020; Editorial Revision consequential to September 1 and December 1, 2021 Regulatory Amendments Regulatory excerpt
Purpose of guideline Introduction The Board of Directors has provided the President and Chief Executive Officer (CEO) the authority to exercise the powers and responsibilities described in the OHS provisions (other than those reserved to the Board of Directors), and has also provided the President and CEO the authority to assign these powers and responsibilities to other divisions, departments, categories of officers, or individual officers of WorkSafeBC. The President and CEO in turn has delegated a number of these powers and responsibilities to the Head of Prevention Services. The Head of Prevention Services has in turn issued a Delegation of Authority which sets out who within Prevention Services may exercise a number of those authorities. The Delegation of Authority also sets out how decisions to approve, accept, authorize, or permit things on behalf of WorkSafeBC are to be made. Where this document refers to an "officer," that term means persons appointed as officers whose functions primarily involve conducting inquiries, investigations, or inspections, or making decisions or exercising powers under Part 2 of the Act. "Officers" include Head of Prevention Services, as well as Prevention Services' directors, senior managers, and managers. Decisions in the OHS provisions of the Act:
The Act provides direct authority to conduct inspections, investigations, and enquiries, and to undertake a number of enforcement actions to "officers." Which officers may exercise that authority in specific contexts is subject to management direction in accordance with section 85(1) of the Act. Decisions in the Regulation: The ability to make those decisions rests with WorkSafeBC officers. However, the ability of an officer to make a decision approving, accepting, authorizing, or permitting something is restricted by the Delegation of Authority by the Head of Prevention Services, issued under the authority of section 85(1) of the Act. This document sets out which officer may make which types of decisions. There are five basic categories of "officers" who may make decisions with respect to approvals, acceptances, authorizations, or permissions under the Regulation. These are:
These are further described below. 1. Authority under the Regulation that may be exercised only by the Director of OHS Practice and Engineering Support or their designated alternate The Director of OHS Practice and Engineering Support has designated the position of Senior Prevention Advisor, OHS Practice and Engineering Support, to exercise authority in the areas listed below. The decision will be issued in a decision letter. Workplace parties must request and obtain a decision letter for the following decisions before proceeding:
This authority is in addition to the authority to issue variance decisions under sections 60 through 66, as described above. As noted under "General," unless this guideline sets out otherwise, all decisions relating to approvals, acceptances, authorizations, or permissions must be decided in advance by the Director of OHS Practice and Engineering Support, or designated alternate. 2. Authority under the Regulation that may be exercised by the Director of OHS Practice and Engineering Support, who has described compliance in a guideline In some situations, the Director of OHS Practice and Engineering Support will have determined that issuing specific decisions relating to approvals, acceptances, authorizations, or permissions is not required by that department. In such situations, the Director of OHS Practice and Engineering Support may issue a guideline setting out what is acceptable, and what workplace parties must do in order to be compliant. A prevention officer may then evaluate compliance with the elements set out in the guideline during a routine workplace inspection. For example, a guideline may specify, "what elements safe work procedures must have in order to be "acceptable to WorkSafeBC." That is, WorkSafeBC accepts the alternative safe work procedures if they meet the criteria described in the guideline, and an employer that implements safe work procedures in accordance with the terms of the guideline may proceed without getting prior permission from WorkSafeBC. However, if criteria other than specified or referenced in a guideline are to be used, a request and submission to the Director of OHS Practice and Engineering Support will be necessary. This scenario only relates to where the Regulation requires that something be acceptable, approved, or determined (or other similar language) by WorkSafeBC, and does not relate to situations where guidelines are simply issued as guidance documents to assist in evaluating compliance. The Director of OHS Practice and Engineering Support has issued guidelines describing acceptable compliance for the following sections:
3. Authority under Regulation that may be exercised by Prevention Field Services managers and prevention officers Prevention Field Services managers and prevention officers may exercise authority for determinations under the following sections. The prevention officer will consult with other subject matter experts as necessary and will consult any guidelines and other WorkSafeBC publications necessary for assistance with the decision-making process. The prevention officer will record the decision in the inspection text of an inspection report.
This authority is in addition to the authority connected to undertaking inspections and investigations and undertaking enforcement actions under sections 75, 84, 89, 90, 91, and 92, and related sections of the Act. In the event that the Prevention Field Services manager or prevention officer is unable to exercise the authority due to extraordinary circumstances (because the issue has province-wide implications or the matter is unusually complex), the Director of OHS Practice and Engineering Support or designate will exercise the authority. 4. Authority under the Regulation that may be exercised only by the Director Risk Analysis Unit, or their designated alternate
5. Authority under the Regulation that may be exercised only by the Director of OHS Practice and Engineering Support or the Manager of Certification Services, or their respective designated alternates
The Manager of Certification Services may communicate acceptable training by including his/her decision in a guideline. For example, OHS Guideline G26.21/26.22 describes the acceptable training standard for fallers and OHS Guideline G24.26 describes training courses to achieve nitrox diving training to an acceptable standard. This authority is in addition to the authority to issue decisions under sections 55, 59, and 96 of the Act, as described above. G-P2-89 Order to stop using or supplying unsafe equipmentIssued June 26, 2003; Editorial Revision June Editorial Revision April 9, 2009; Revised March 18, 2016; Editorial Revision April 6, 2020 Regulatory excerpt
Purpose of guideline Application Stop use
orders In many situations, non-compliance involving an item in the workplace will be addressed through compliance orders written under an applicable section of the Regulation. For example, where a required guardrail, while providing some protection, is only 100 cm above the workspace rather than the required minimum of 102 cm, a compliance order under section 4.55 of the Regulation may be sufficient to address the safety concern. In that scenario, a stop use order would be unnecessary. In other situations, a compliance order alone will be insufficient to address the safety issue posed by the condition or non-compliance of the item. This would be the case where the continued use of the item would present a high risk of serious injury, illness, or death to a worker, meaning a compliance order alone would be insufficient to ensure that workers are not exposed to such risks. For example, equipment such as a table saw lacking a point of operation guard would pose a high risk of serious injury, illness, or death if used. In this situation, a stop use order may be necessary to ensure that the equipment is removed from use until a guard is installed. For further information on when a violation is high risk, refer to Policy Item P2-95-2 RE: High Risk Violations. A stop use order may also be appropriate where past efforts to correct the non-compliance or unsafe condition have proven ineffective. This may arise where an employer has received repeated compliance orders for a particular item or type of item, and the employer's past efforts to correct the non-compliance have proven temporary or ineffective. In that case, a stop use order may be appropriate to ensure the particular item is removed from use until a more permanent solution is implemented. A stop use order may have the effect of shutting down work at a worksite. Where this is the case, a WorkSafeBC prevention officer will consider issuing the order as a stop work order under section 90 rather than a stop use order under section 89. Stop supply orders Stop supply orders prevent unsafe and non-conforming items from being introduced into workplaces. Accordingly, stop supply orders may be issued to a supplier even where safety concerns associated with the particular item do not amount to a high risk of serious injury. This ensures that items that will cause ongoing safety and compliance issues are not permitted to be supplied to workplaces. Cancelling stop use/supply orders A stop use or stop supply order will only be cancelled if WorkSafeBC is satisfied that the item that was subject to the order is safe and complies with the Act and the Regulation. The decision to cancel such an order must be made by a prevention officer once the prevention officer has determined these conditions have been met. G-P2-94-1 OHS CitationsIssued February 1, 2016; Editorial Revision April 6, 2020; Editorial Revision January 1, 2021; Editorial Revision consequential to September 1, 2021 Regulatory Amendment; Editorial Revision January 1, 2022 Regulatory excerpt
The OHS Citations Regulation states:
Section 21(1)(b) of the Act states:
Section 88 of the Act states:
Section 2.4 of the OHS Regulation ("Regulation") states:
Purpose of guideline About OHS citations While most employers do comply promptly, when there is a failure to comply, WorkSafeBC will follow up to ensure compliance is achieved. An OHS citation is a tool a prevention officer may use to address an employer's non-compliance with an order. It may also be used where there has been a failure to prepare, send, or distribute a compliance report. As an OHS citation is only available in these circumstances, employers will never be issued an OHS citation if they comply with orders in a timely manner. An OHS citation is issued in the form of an order under section 94 of the Act and follows different rules than an administrative penalty ("OHS penalty") issued under section 95 of the Act. Like OHS penalties, OHS citations may only be issued on employers (not workers or independent operators). When an OHS citation may be issued
In this guideline, this will be referred to collectively as failure to comply. When an OHS citation will not be issued Citation warning OHS citation amount If an OHS citation has been issued at half the statutory maximum and the employer continues to not comply with the original order, then an OHS citation at the statutory maximum may be issued. If the employer continues to not comply after an OHS citation at the statutory maximum has been issued, and further enforcement is required, an OHS penalty or other enforcement will be considered. Example 1: subsequent instance of non-compliance within three years On March 1, 2017, a prevention officer issues an order to an employer under section 16.43(2) of the Regulation as the workers authorized to operate lift trucks have not been trained to the applicable standard. On April 5, 2017, the prevention officer conducts a follow-up inspection and finds that the employer has not made any arrangements to have the required training provided for the workers that are authorized to operate lift trucks. The prevention officer then issues a follow-up inspection report citing the employer for continued non-compliance and providing a written OHS citation/penalty warning. On April 26, 2017, the prevention officer conducts a second follow-up inspection and finds that the employer has not yet complied with the order. The prevention officer then issues a second follow-up inspection report issuing an OHS citation for $505.16 (1/2 the statutory amount for 2017) and warning the employer that failure to comply could result in further enforcement action. The employer pays the $505.16 OHS citation. On May 6, 2017, the prevention officer receives confirmation that the employer has complied with the order. On January 1, 2019, a prevention officer conducts an inspection of a different workplace of the same employer and observes that ready access to an electrical breaker panel is blocked by materials stored directly in front of it. An order is issued under section 19.7(1) of the Regulation. On February 4, 2019, the prevention officer conducts a follow-up inspection and finds that the electrical panel continues to be blocked. The prevention officer then issues a follow-up inspection report citing the employer for continued non-compliance and providing a written OHS citation/penalty warning. On February 25, 2019, the prevention officer conducts a second follow-up inspection and finds that the employer has not yet complied with the order. The prevention officer then issues a second follow-up inspection report issuing an OHS citation for $1065.14 (full statutory amount for 2019) (second instance of non-compliance within three years). The prevention officer also includes a written warning to the employer that failure to comply could result in further enforcement action. The employer pays the $1065.14 OHS citation. On March 6, 2019, the prevention officer receives confirmation that the employer has complied with the order.
Example 2: continued failure to comply despite multiple warnings On June 1, 2019, a prevention officer issues an order to an employer under section 3.16(1)(a) of the Regulation for a failure to provide a complete first aid kit at the workplace. On July 6, 2019, the prevention officer conducts a follow-up inspection and finds that the employer has not complied with the order. The prevention officer then issues a follow-up inspection report citing the employer for continued non-compliance and providing a written OHS citation/penalty warning. On July 27, 2019, the prevention officer conducts a second follow-up inspection and finds that the employer has not yet complied with the order. The prevention officer then issues a second follow-up inspection report issuing an OHS citation for $532.57 (1/2 of the statutory amount for 2019) and warning the employer that failure to comply could result in further enforcement action. The employer pays the $532.57 OHS citation. 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. The prevention officer then issues a third follow-up inspection report issuing an OHS citation for $1065.14 (full statutory amount for 2019) and warning the employer that failure to comply could result in further enforcement action. The employer pays the $1065.14 OHS citation. On August 16 2019, the prevention officer conducts a fourth follow-up inspection and finds that the employer has not yet complied with the order. The prevention officer then issues a fourth follow-up inspection report and considers whether an OHS penalty under section 196 of the Act is appropriate.
Multiple OHS citations Review of OHS citations Issued December 1, 2014; Editorial Revision consequential to August 4, 2015 Regulatory Amendment; Editorial Revision March 18, 2016; Editorial Revision April 6, 2020 Regulatory excerpt
Prevention Policy P2-95-2 states:
Purpose of guideline Background Applying the high risk policy If the violation is not a designated high risk violation, then apply the high risk criteria in (B) to determine whether the violation would be considered high risk. Designated high risk violations (A): Hand falling or bucking (a) Failing to prepare a safe escape route before falling or bucking begins [section 26.24(2)] (b) Failing to move to a predetermined position, at least 3 m (10 feet) away from the base of the tree where possible, and take cover, when the tree starts to fall [section 26.24(7)] (c) Failing to use the following proper falling procedures [section 26.24(5)] (i) Sufficient undercut (ii) Undercut must be complete and cleaned out (iii) Sufficient holding wood (iv) Backcut must be higher than undercut to provide step on the stump (v) Wedging tools must be immediately available and unless the tree has a pronounced favourable lean, wedges must be set (d) Failing to fall dangerous trees before performing work in the area made hazardous by the dangerous tree [section 26.11, section 26.26(4)] (e) Using a tree to cause another partially cut tree to fall in succession, except to overcome a specific falling difficulty and done in accordance with the Regulation [section 26.24(6)] (f) Leaving partially cut trees, unless done in accordance with the Regulation [section 26.25] (g) Brushing of standing trees where brushing can be avoided [section 26.24(5.1)] Section 26.23(1) of the Regulation states, in part: "brushing" means the striking of a standing tree by a tree being felled if the strike is a direct blow or a glancing blow of sufficient force to cause one or more branches to break at or near the stem of the standing tree (h) Working within a 2 tree-length radius of a tree being felled [section 26.24(1)] The above list is not exhaustive and there may be additional hand falling and bucking violations, not listed, that are also high risk violations. The BC Faller Training Standard provides additional information on best practices for complying with several of the requirements listed above. Applying the high risk criteria (B)
When considering the likelihood of an incident or exposure occurring, some of the factors that may be considered are
When considering the likely seriousness of any injury or illness, some of the factors that may be considered are
Examples of violations that would likely be determined high risk (a) Exposure to electrocution hazards (including violations related to the limits of approach) (b) Failure to adequately identify, assess, and control the risk of violence in the workplace where the failure presents a high likelihood of serious injury or death (c) Unsafe use, handling, or storage of flammable or combustible, oxidizing substances (d) Unsafe explosives handling and blasting practices (e) Ineffective de-energization, lockout, or safeguarding (f) Exposure, without effective protection, to: (i) substances designated as ACGIH A1 or A2 carcinogen, or IARC 1 or 2A carcinogen (ii) biohazards and infectious diseases (hazardous substances Risk Group 3 and 4 (section 5.1.1 of the Regulation)) (iii) ACGIH reproductive toxins and ACGIH sensitizers (iv) ionizing radiation (e.g., x-rays) and Class 4 lasers (v) the following items classified under the Workplace Hazardous Materials Information System (WHMIS) as: (1) Acute Toxicity (Categories 1, 2 and 3 -- Inhalation) (2) Specific Target Organ Toxicity -- Single Exposure (Category 1) (3) Specific Target Organ Toxicity -- Repeated Exposure (Category 1) (4) Reproductive Toxicity (Category 1) (5) Carcinogenicity (Category 1) (6) Germ cell mutagenicity (Category 1) (7) Respiratory sensitization (Category 1) (8) Corrosive to Metal (9) Skin Corrosion/Irritation (Category 1) (10) Serious Eye Damage/Irritation (Category 1) 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. Where ALARA (As Low as Reasonably Achievable) principles apply, "exposure" refers to exposure at or above the exposure limit provided for by the Regulation. (g) Lack of operator protective structures on mobile equipment (e.g., ROPS and FOPS) (h) Exposure to the risk of being struck by or crushed by material, objects, or mobile equipment (i) Unsafe transportation of workers Disclaimer: The Workers' Compensation Board of B.C. (WorkSafeBC) publishes the online versions of the Workers Compensation Act (Act) and the Occupational Health and Safety Regulation (Regulation) in accordance with its mandate under the Act to provide information and promote public awareness of occupational health and safety matters. The online Act and Regulation are not the official versions, which may be purchased from Crown Publications. WorkSafeBC endeavours to update the online Act and Regulation as soon as possible following any legislative amendments. However, WorkSafeBC does not warrant the accuracy or the completeness of the online Act or 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 versions. Employers are legally obligated to make a copy of the Workers Compensation Act and the Occupational Health and Safety 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 Regulation to have satisfied this obligation are described in OHS guideline G-P2-21(2)(f). Which group of stakeholders defines the scope of the project and ultimately determines whether the project is successful?Which group of stakeholders defines the scope of the project and ultimately determines whether or not the project is successful? Customers define the scope of the project, and ultimate project success rests in their satisfaction.
During which stage of team development do members accept that they are part of a project?Feedback: During the storming stage members accept that they are part of a project group but resist the constraints that the project and group put on their individuality.
Which of the following would be defined as the ability or skill to perceive assess and manage the emotions of ones self and others?Emotional intelligence is defined as the ability to understand and manage your own emotions, as well as recognize and influence the emotions of those around you.
When engaging stakeholders a project manager should?develop a hands-on approach. understand how different stakeholders can affect the project and manage that dependency. manage and limit time negotiating with stakeholders outside of the organization. refuse to be pulled by the demands of people who are not directly involved in the project.
|