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Tel: 604 536 9848
Email: valwuorinen@shaw.ca

 

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The Employer's Health and Safety Manual: British Columbia

British Columbia organizations face the on-going challenge of striving to abide by the tough standards for health and safety in the workplace set by provincial legislation and regulations. What makes this task particularly daunting is that the information you need to establish a compliance plan is scattered throughout many different sources. A time-consuming, laborious task at best. And how do you keep track of legislative and procedural changes affecting your organization?

The Employer's Health and Safety Manual: British Columbia (first published in 1993 and updated regularly) is your one-stop guide that gives you fingertip access to all this vital information - in a single volume. Its easy-to-understand style and highly accessible format will help you save time, avoid frustration and enable you to establish a proactive health and safety compliance strategy.

You get current specific information that will allow you to:

  • Determine duties and liabilities of employers, officers and directors, supervisors, employees and other parties
  • Assist joint occupational health and safety committee members and worker health and safety representatives in carrying out their responsibilities
  • Conduct effective workplace inspections
  • Recognize areas in which you could be possibly penalized or prosecuted
  • Understand the Workplace Hazardous Materials Information System (WHMIS) and what employers and suppliers must do to comply
  • Set up a comprehensive incident reporting and investigation system
  • Familiarize yourself with changes in occupational health and safety legislation and its many implications
  • Ensure due diligence in your workplace

Chapter 1 (see table of contents below) covers occupational health and safety administration in the province. It outlines the main statutory and regulatory instruments and then focuses on WorkSafeBC  (British Columbia Workers' Compensation Board (WCB)) administration and procedures.

Chapter 2 discusses the health and safety responsibilities of management, supervisors, workers and other workplace shareholders.

Chapters 3 and 4 concentrate on how the WCB interprets and handles its workplace inspection duties and the sanctions it may apply against organizations. The appeal procedure is also discussed at length. The bare bones, legalistic viewpoint of these chapters lays the groundwork for understanding why it is necessary for employers to implement and monitor the procedures discussed in Chapters 6, 7, 8, 9, 10 and 11.

Chapter 5 offers specific information on a worker’s duty to refuse unsafe work and the manner in which employers and the WCB must respond.

The following chapters discuss the basic and most important elements in any occupational health and safety program - developing organization health and safety programs (chapter 6), the duties and responsibilities of joint committees (chapter 7), how to conduct workplace inspections (chapter 8), incident investigations (chapter 9), the requirements of WHMIS (chapter 10) and health and safety audits (chapter11).

Chapter 12 explains procedures to be followed when an accident or case of occupational illness occurs.

Appendix A includes health and safety related portions of the Workers Compensation Act and the core requirements of the Occupational Health and Safety Regulation. Appendix B lists addresses for WCB offices and safety organizations.

 

 

How to order

Keeping on top of developments is vital to your overall health and safety compliance strategy. Relying on out-of-date material can spell disaster, not only in the form of administrative penalties for non-compliance, but also in the safety of your workers. With The Employer's Health and Safety Manual: British Columbia you can rest easy that you are using the most current and up-to-date information available. The supplement format of this easy-to-use manual guarantees that you are never caught unaware of legislative changes that may have a direct impact on your activities and your ability to comply with health and safety regulations.

Hundreds of British Columbia employers have been subscribers to this service since 1993. The 650 page, one-volume loose-leaf book, including the binder is available at $150. Shipping and handling are extra and the price is subject to GST. Supplements are invoiced separately.

To purchase or get more information, contact:

Wuorinen Consulting Service
2790 167 Street, White Rock, BC V3S 0A9
Tel: (604) 536 9848
E-mail: valwuorinen@shaw.ca

 

THE EMPLOYER’S HEALTH AND SAFETY MANUAL BRITISH COLUMBIA

Val Wuorinen CD PhD CRSP

Table of Contents

List of Exhibits/xiii

Note About the Author/xix

Permissions/xx

Foreword/xxi

Index/I-1

Chapter One - Health and Safety Administration in B.C.

Legislation/1.1

Workers Compensation Act (B.C.)/1.1.1

Hazardous Products Act (Canada)/1.1.2

Regulations/1.2

Occupational Health and Safety Regulation/1.2.1

Controlled Products Regulations (Canada)/1.2.2

Variances/1.2.3

Workers' Compensation Board/1.3

Board of Directors/1.3.1

Administration/1.3.2

Complaints Office/1.3.3

Worker and Employer Services Division/1.4

Workers' Compensation Appeal Tribunal/1.5

Chapter Two - Occupational Health and Safety Responsibilities

Management Responsibilities/2.1

Provision of Information/2.1.1

Elimination/Control of Hazards/2.1.2

Work Planning/2.1.3

Instruction and Supervision/2.1.4

Supervisor Responsibilities/2.2

Worker Responsibilities/2.3

Other Workplace Shareholder Responsibilities/2.4

Prime Contractor Responsibilities/2.4.1

Owner Responsibilities/2.4.2

Supplier Responsibilities/2.4.3

Corporation Director and Officer Responsibilities/2.4.4

Chapter Three - WCB Inspections

WorkSafeBC Authority to Inspect/3.1

Inspection Policy/3.2

Notice to Non-Permanent Multiple Locations/3.2.1

Emergency Service/3.2.2

Orders/3.2.3

Inspection Initiation/3.2.4

Follow-up Inspections/3.2.5

Inspection Procedure/3.3

Inspection Reports and Orders/3.4

Presentation of Inspection Report/3.4.1

Stop Work Orders/3.5

Observation Reports/3.6

Review of Board Decisions/3.7

Varying or Cancelling Previous Decisions or Orders/3.7.1

Request for Review/3.7.2

Appeal to the Workers' Compensation Appeal Tribunal/3.7.3

Disclosure of Reports/3.8

Chapter Four - Sanction/Appeals

Legal Basis for Sanctions/4.1

Policy on Sanctions/4.2

Warning Letters/4.3

Administrative Penalties/4.4

Administrative Penalty Possible on First Violation/4.4.1

Asserting Coercive Power of State/4.4.2

Penalties as Administrative Unusual Hazards Rate/4.4.3

Sanctions as Reinforcement of Regulations/4.4.4

Prior Violations and Orders/4.4.5

Penalties in High-Risk Work Situations/4.4.6

Administrative Penalty Procedure/4.5

Reviews/Appeals on Occupational Health and Safety Matters/4.6

Request for Review/4.6.1

Appeal to the Workers' Compensation Appeal Tribunal/4.6.2

Employer Defences on Appeals/4.7

Violation of Regulations Cause for PenaltyAction/4.7.1

Penalty Actions Not Necessarily Preceded by Warning/4.7.2

Moral Turpitude Not an Issue/4.7.3

Effort to Comply Not Adequate Defence against Administrative Assessment/4.7.4

Intent of Act to Prevent Workplace Injuries and Disease/4.7.5

Due Diligence Defence/4.7.6

Lack of Safety Program Can Negate Due Diligence/4.7.7

Lack of Proper Supervision/4.7.8

Burden of Proof Lies With Employer/4.7.9

Company Safety Record a Factor/4.7.10

Responsibility for Compliance at Worksites with

Multiple Employers/4.7.11

Administrative Assessment Excessive/4.7.12

Degree of Risk of Injury/4.7.13

Non-compliance not Deliberate/4.7.14

Previous Compliance History Considered/4.7.15

Board Procedurally Unfair/4.7.16

Time Needed to Comply/4.7.17

Lack of Communication/4.7.18

Prosecutions/4.8

            Bill C45 (Canada)/4.8.1

Due Diligence/4.9

Practice of Due Diligence/4.9.1

Hazard Recognition/4.9.1a

Knowledge of Applicable Regulatory Requirements/4.9.1b

Implementation of Control Measures/4.9.1c

Monitoring Work Practices/4.9.1d

Documentation/4.9.1e

Chapter Five - Duty to Refuse Unsafe Work

Legal Requirement/5.1

Company Procedure/5.2

Details of Comprehensive Procedure/5.2.1

WCB Investigation/5.3

Discriminatory Action/5.4

Worker Should Not Be Disciplined for Honest Belief of Hazard/5.4.1

Discriminatory Action against Workers/5.4.2

Sanctions/5.5

Chapter Six - Occupational Health and Safety Program

Legal Requirements/6.1

Program Elements/6.2

Occupational Health and Safety Policy/6.2.1

Safe Work Procedures/6.2.2

Job Hazard Analysis/6.2.2a

Written Safe Work Procedures/6.2.2b

Training Workers and Supervisors/6.2.3

Young and New Worker Orientation and Training/6.2.3a

On-the-Job Training/6.2.3b

Supervisor Training/6.2.3c

Supervision of Workers/6.2.4

Regular Inspection and Monitoring/6.2.5

Hazardous Substances/6.2.6

Monitoring Workplace Exposures/6.2.7

Medical Examinations and Health Monitoring/6.2.8

First Aid Services and Equipment/6.2.9

Investigation of Incidents and Occupational Diseases/6.2.10

Joint Committee or Worker Health and Safety Representative/6.2.11

Records and Statistics/6.2.12

Review of Occupational Health and Safety Program/6.2.13

Implementing the Program/6.3

Chapter Seven - Joint Committees and Worker Health and Safety Representatives

Legal Requirement/7.1

Structure/7.2

Size and Number of Committees/7.2.1

Selection of Members/7.2.2

Committee Officers and Procedures/7.2.3

Authority/7.2.4

Activities/7.3

Duties/7.3.1

Training Members/7.3.2

Meetings/7.3.3

Decision Making/7.3.4

Recommendations and Reports/7.3.5

Employer Obligations/7.3.6

Disagreement Resolution/7.4

Effectiveness/7.5

Chapter Eight - Internal Inspections

Legal Requirements/8.1

Inspection Program Development/8.2

Management Policy/8.2.1

Types of Inspections/8.2.2

Targeting the Inspection/8.2.3

Critical Parts/8.2.3a

Health Hazards/8.2.3b

Work Practices/8.2.3c

Housekeeping/8.2.3d

Setting Priorities/8.2.4

Standards/8.2.5

Checklists/8.2.6

Conducting the Inspection/8.3

Inspection Team/8.3.1

Planning the Route/8.3.2

Equipment/8.3.3

Inspection Preliminaries/8.3.4

The Inspection Tour/8.3.5

Follow Up/8.4

Hazard Classification/8.4.1

Recommendations/8.4.2

The Written Report/8.4.3

Management Follow Up/8.4.4

Chapter Nine - Incident Investigation

Legal Requirements/9.1

Incident Reporting/9.2

Injuries and Occupational Disease/9.2.1

Incidents Reported to the WCB/9.2.2

Incidents That Must Be Investigated/9.2.3

Other Incidents/9.2.4

Immediate Action Following a Report/9.2.5

The Investigation/9.3

Investigation Team/9.3.1

Investigators' Kit/9.3.2

Physical Evidence/9.3.3

Witness Reports/9.3.4

Documentary Evidence/9.3.5

Analysis/9.3.6

Follow Up/9.4

Recommendations/9.4.1

The Report/9.4.2

Management Follow Up/9.4.3

External Investigations/9.5

WorkSafeBC Investigation Report/9.5.1

BC Coroner Investigation or Inquest/9.5.2

Chapter Ten - Workplace Hazardous Materials Information System

Legislation/10.1

Controlled Products/10.1.1

Exemptions/10.1.2

Prohibition of Use/10.1.3

General Responsibilities under WHMIS/10.1.4

Confidential Business Information/10.1.5

Labels/10.2

Supplier Label/10.2.1

Workplace Label/10.2.2

Other Means of Identification/10.2.3

Material Safety Data Sheets/10.3

Minimum Content/10.3.1

General Requirements/10.3.2

Worker Training/10.4

General Requirements/10.4.1

Labels and Other Means of Identification/10.4.2

The Material Safety Data Sheet/10.4.3

Product Information/10.4.3a

Hazardous Ingredients/10.4.3b

Physical Data/10.4.3c

Fire or Explosion Hazard Data/10.4.3d

Reactivity Data/10.4.3e

Toxicological Properties/10.4.3f

Preventive Measures/10.4.3g

First Aid Measures/10.4.3h

Preparation Information/10.4.3i

Safe Work Procedures/10.5

WHMIS Program Implementation/Maintenance/10.6

Chapter Eleven - Safety Audits

Inspections, Surveys and Audits/11.1

Measuring Safety/11.2

The Audit Guide/11.3

Developing an Audit Guide/11.3.1

Available Audit Guides/11.3.2

The Auditor/11.4

Data Collection/11.5

Audit Follow Up/11.6

Chapter Twelve - Claims Management

Reports/12.1

Report of Injury to Employer/12.1.1

Reports to WCB/12.1.2

Completion of Form 7/12.1.3

Incident and Injury Report/12.1.4

Claims Process/12.2

Claim Adjudication/12.2.1

Relief of Costs/12.2.2

Monitoring Accepted Claims/12.2.3

Cessation of Payments/12.2.4

Dispute Resolution/12.3

Request for Review/12.3.1

Appeal to the Workers’ Compensation Appeal Tribunal/12.3.2

Sources of Assistance/12.3.3

Appendix A - Legislation

Excerpts from the Workers Compensation Act

Excerpts from the Occupational Health and Safety Regulation

Excerpts from the Freedom of Information and Protection of Privacy Act

Appendix B - Resources & Addresses

WCB Offices/B-1

Occupational Health and Safety-Related Agencies/B-2



Exhibits

Exhibit 1-1

WorkSafeBC Organization Chart

Exhibit 1-2

Policy, Investigations and Review Divisions Organization Chart

Exhibit 1-3

Worker and Employer Services (Operations Management) Organization Chart

Exhibit 1-4

Complaint to the WCB Complaints Office (Form 15B3)

Exhibit 1-5

WorkSafeBC Offices

Exhibit 1-6

Occupational Health and Safety Legislation

Exhibit 1-7

Amendments to the Occupational Health and Safety Regulation

Exhibit 2-1

Notices Which Must Be Posted at the Workplace

Exhibit 3-1

WCB Inspection Report (Form 52B17)

Exhibit 3-2

WCB Notice of Compliance (Form 52B67)

Exhibit 3-3

WCB Order(s) to Worker (Form 52B31)

Exhibit 3-4

WorkSafeBC Authorization of Representative (Form 63M4)

Exhibit 3-5

Request for Review - Review Division (Form 63M1)

Exhibit 3-6

Notice to Participate - Review Division (Form 63M2)

Exhibit 3-7

Notice of Appeal from Review Division (Occupational Health and Safety Decision) (Form WCAT 4)

Exhibit 3-8

Notice of Appeal from WCB Decision (Discriminatory Action) (Form WCAT 3)

Exhibit 3-9

Notice of Participation (Form WCAT 6)

Exhibit 3-10

Authorization of Representative (Form WCAT 13)

Exhibit 3-11

Notice to Employees of an Appeal to WCAT Concerning an Occupational Health or Safety Matter

Exhibit 4-1

Administrative Penalty Basic Amounts

Exhibit 4-2

Test of Due Diligence

Exhibit 4-3

Selected WCB Decisions/items Regarding Sanctions Published in the Workers Compensation Reporter

Exhibit 4-4

Selected Appeal Division Decisions Varying/cancelling an Administrative Penalty

Exhibit 4-5

Selected Review Division Decisions Varying/cancelling an Administrative Penalty

Exhibit 4-6

Selected Workers Compensation Appeal Tribunal Decisions Varying/cancelling an Administrative Penalty

Exhibit 5-1

Refusal to Work Procedure

Exhibit 6-1

Sample Occupational Health and Safety Policy

Exhibit 6-2

Sample Housekeeping Rules

Exhibit 6-3

Job Hazard Analysis Worksheet

Exhibit 6-4

Worker Health and Safety Induction Checklist

Exhibit 6-5

Four-Step Training Method

Exhibit 6-6

            First Aid Record (Form 55B23)

Exhibit 6-7

            Occupational Health and Safety Statistics

Exhibit 7-1

Sample Joint Committee Meeting Agenda

Exhibit 7-2

Measuring Joint Committee Effectiveness

Exhibit 8-1

Sample Floor Plan for Inspections

Exhibit 8-2

Critical Parts Inspections

Exhibit 8-3

Inspection Checklist

Exhibit 9-1

Incident Investigation Report (Form 52E40)

Exhibit 9-2

Request for Access to Records (Form 11M7)

Exhibit 10-1

Controlled Products

Exhibit 10-2

Hazard Symbols for WHMIS Labels

Exhibit 10-3

Sample Supplier Label

Exhibit 10-4

Sample Workplace Label

Exhibit 10-5

Material Safety Data Sheet

Exhibit 11-1

Occupational Health and Safety Program Review

Exhibit 12-1

Claims Process Flow Chart

Exhibit 12-2

Dispute Resolution Flow Chart

Exhibit 12-3

Worker's Report of Injury or Occupational Disease to Employer (Form 6A)

Exhibit 12-4

Application for Compensation & Report of Injury or Occupational Disease (Form 6)

Exhibit 12-5

Employer's Report of Injury or Occupational Disease (Form 7)

Exhibit 12-6

WorkSafeBC Authorization of Representative (Form 63M4)

Exhibit 12-7

Physician's Report (Form 8/11)

Exhibit 12-8

Employer's Statement of Return to Work (Form 9)

Exhibit 12-9

Notice of Appeal from WCB Decision (Form WCAT 5 - Application to Reopen a Matter)

Exhibit 12-10

Notice of Appeal from Review Division (Form WCAT 1 - Compensation Decision)

Exhibit 12-11

Notice of Appeal from Review Division Assessment, Classification, Monetary Penalty or Order (Form WCAT 2)

Exhibit 12-12

Notice of Participation (Form WCAT 2)

Exhibit 12-13

Authorization of Representative (Form WCAT 13)

Exhibit 12-14

Request for Disclosure (Form 25M13)

Exhibit 12-15

Experience Rating Letter

 



WUORINEN CONSULTING SERVICE ©2004, 1993 Wuorinen Consulting Service

All rights reserved. This copyright applies to commentary and Indexes and other matter added to this publication. No part of this publication covered by the publisher’s copyright may be reproduced, stored in retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the written permission of the publisher.

The publisher is not engaged in rendering legal or accounting advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The analysis contained herein should in no way be construed as being either official or unofficial policy of any governmental body.

 

 

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