Workers Compensation Act

Occupational Health and Safety Regulation

Note: Check the Cumulative Regulation Bulletin 2014
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 404/2012, April 1, 2013]

Point in Time

Part 17 — Transportation of Workers

General Requirements

Definitions

17.01  In this Part:

"gross vehicle weight rating (GVWR)" means the manufacturer's maximum recommended weight for a vehicle, including the weight of the vehicle itself, fuel and other fluids, passengers, and all cargo;

"highway" has the same meaning as in the Motor Vehicle Act;

"worker transportation vehicle" means a motor vehicle provided by or arranged by an employer to transport 3 or more workers to and from, or to or from, a workplace.

[en. B.C. Reg. 258/2008, App. E, s. 1.]

Application

17.1  This Part applies to all persons, including the operator, engaged in transporting workers by any type of conveyance operated on behalf of the employer.

General responsibilities

17.1.1  Vehicles used to transport workers must be designed, maintained and operated in a safe manner.

[en. B.C. Reg. 258/2008, App. E, s. 1.]

Provision for seating and seat belt assemblies

17.1.2  If a worker transportation vehicle is used off a highway, the seating requirements under Division 39 of the Motor Vehicle Act Regulations and the seat belt assembly requirements of Section 220 of the Motor Vehicle Act apply as if the vehicle were operated on a highway.

[en. B.C. Reg. 258/2008, App. E, s. 1.]

Employer's responsibility

17.2  If workers are to travel in a worker transportation vehicle, the employer must ensure that

(a) reasonable measures are taken to evaluate road, weather and traffic conditions to ensure the safe transit of the workers,

(b) an inspection of the worker transportation vehicle has been conducted by a qualified person before first use on a work shift, and

(c) any defect which might affect the safety of workers is corrected before the vehicle is used.

[en. B.C. Reg. 258/2008, App. E, s. 2.]

Operator responsibility

17.2.1  (1) The operator of a worker transportation vehicle must ensure that the worker transportation vehicle has been inspected by a qualified person before first use on a work shift.

(2) In addition to the requirements of section 17.1.2, the operator must not operate a vehicle in which there is a worker who occupies a seating position for which a seat belt assembly is provided unless that worker is wearing the complete seat belt assembly in a properly adjusted and securely fastened manner.

[en. B.C. Reg. 258/2008, App. E, s. 2.]

General operation requirements

17.2.2  (1) A vehicle used to transport workers must be operated by a driver properly licensed under the provisions of the Motor Vehicle Act and, if required, the Industrial Roads Act.

(2) If a vehicle is used to transport workers the following procedures must be in place:

(a) all doors must be closed and latched while the vehicle is in motion;

(b) the parking brake must be engaged when the vehicle is left unattended and the wheels blocked or chocked if the circumstances require.

[en. B.C. Reg. 258/2008, App. E, s. 2.]

Provision for seat belts

17.2.3  An exemption under Division 32, and an exception under Division 39, of the Motor Vehicle Act Regulations apply to the operation of a worker transportation vehicle both on and off a highway.

[en. B.C. Reg. 258/2008, App. E, s. 2.]

Repealed

17.3  Repealed. [B.C. Reg. 258/2008, App. E, s. 2.]

Riding restrictions

17.4  A worker must not ride in a vehicle

(a) in a standing position, unless protected from being thrown off balance, or

(b) with any part of the body outside the vehicle unless essential to the work process, and then only if the worker is adequately restrained.

Securing equipment

17.5  (1) Materials, goods, tools or equipment carried in a portion or compartment of a vehicle in which workers are riding must be located and secured to prevent injury to the operator or workers.

(2) If materials, goods, tools or equipment are regularly carried in a worker transportation vehicle there must be a designated area in the vehicle for transporting these items.

Gross vehicle weight rating

17.5.1  The gross vehicle weight rating (GVWR) of the worker transportation vehicle must not be exceeded.

[en. B.C. Reg. 258/2008, App. E, s. 3.]

Hazardous materials

17.6  The transportation of hazardous materials in a vehicle transporting workers is restricted as follows:

(a) Repealed. [B.C. Reg. 312/2003, App. D, s. 16.]

(b) if it is necessary to carry volatile, flammable, or otherwise hazardous materials, the materials must be carried in isolated compartments which are

(i)   accessible only from outside the vehicle, are securely fastened and are fitted with adequate ventilation and drainage facilities, and

(ii)   if internal to the vehicle, separated from the crew compartment by an approved firewall.

[am. B.C. Reg. 312/2003, App. D, s. 16.]

Carrying animals

17.7  An animal must not be carried in the operator's cab or passenger compartment of a vehicle transporting workers unless appropriate facilities are provided for this purpose.

Passenger compartments

17.8  Any enclosed portion or compartment of a vehicle in which workers are transported must have

(a) effective ventilation, independent of doors, providing clean air,

(b) adequate lighting and means for heating and cooling,

(c) an effective means of communication between the operator and passengers, and

(d) more than one means of exit.

Boarding and leaving

17.9  (1) A worker must not board or leave any vehicle while it is in motion, except in case of emergency.

(2) Adequate docking facilities must be provided if necessary to ensure safe worker access and egress to marine craft and float-equipped aircraft.

(3) A walkway on a docking facility must have a surface finish or otherwise be maintained in a manner which minimizes the risk of a worker slipping.

Worker Transportation Vehicles Not Designed for Use on Highways

Vehicle design

17.10  (1) Vehicles operated by or on behalf of the employer primarily to transport workers must

(a) be of a design and construction acceptable to the Board,

(b) be suited to the type of use, terrain and weather,

(c) have bodies of strong and rigid construction, securely fastened to the vehicle chassis,

(d) have rear or side doors with latches operable from inside and outside, with side doors on the right side of the vehicle,

(e) be fitted with at least one emergency exit, on the left side or rear of the vehicle, operable from both inside and outside, and unlocked while the vehicle is in use,

(f) have safe means of entry and exit with non-slip steps and handholds,

(g) be fitted with adequate service brakes and a mechanical parking brake, and

(h) be equipped with appropriate first aid equipment determined under section 3.16 or 3.20, and with appropriate fire extinguishers in good working order.

(2) A vehicle used to transport workers off road must have

(a) service brakes capable of stopping and holding the fully loaded vehicle on the maximum slope the vehicle can climb or at the maximum specified operating slope,

(b) a primary and secondary braking system with the secondary braking system having at least 50% of the braking capability of the primary braking system,

(c) if components are shared between the primary and secondary braking systems, a design such that failure of any one component will not disable both brake systems,

(d) if the service brake operates on the drive train, a design such that failure of any one component of the drive train will not reduce the braking capability to less than 50% of the primary brake system, and

(e) a mechanical parking brake capable of holding the vehicle in place on a slope of at least 15%.

[am. B.C. Reg. 348/2003, s. 5.]

Repealed

17.11  Repealed. [B.C. Reg. 258/2008, App. E, s. 4.]

Seating design

17.12  A worker transportation vehicle must be equipped with seats that

(a) are safely located and securely attached to the vehicle, with a width of at least 41 cm (16 in) for each passenger and an upholstered seat and seat back which provide normal and comfortable seating for passengers,

(b) face to the front or rear of the vehicle, unless installed otherwise by the vehicle manufacturer, and

(c) provide a spacing of at least 66 cm (26 in) measured between the face of the seat back at seat level and the back of the seat or other fixed object in front.

Seating capacity

17.13  For vehicles that do not have seat belt assemblies in every seating position, the seating capacity must be determined by the number of 41 cm (16 in) seat widths available, provided the gross vehicle weight rating (GVWR) is not exceeded.

[en. B.C. Reg. 258/2008, App. E, s. 5.]

Aisles

17.14  If a worker transportation vehicle will carry 12 or more passengers, it must have an aisle at least 25 cm (10 in) wide providing access from each seat to a regular entry/exit door, and also to an alternate or emergency exit.

Marine Craft

Repealed

17.15  Repealed. [B.C. Reg. 312/2003, App. E, s. 9.]

Repealed

17.16  Repealed. [B.C. Reg. 381/2004, s. 8.]

Safety standards

17.17  A vessel used to transport workers must meet generally accepted standards for safety and capacity based on the use of the vessel and the conditions in which the vessel could be expected to operate.

[en. B.C. Reg. 381/2004, s. 9.]

Operation

17.18  If the operator of a vessel transporting workers is not required to hold a certification under the Canada Shipping Act, the operator must

(a) have successfully completed a course on navigation and ship safety acceptable to the Board, or

(b) have other combination of training and experience acceptable to the Board.

[en. B.C. Reg. 381/2004, s. 10.]

Repealed

17.19–17.21  Repealed. [B.C. Reg. 381/2004, s. 11.]

Communication

17.22  (1) A vessel used to transport workers must be equipped with a two-way communication system of a design effective in the area of operation.

(2) The two-way communication system must be maintained in good operating condition, be able to establish contact with persons necessary to effect emergency response, and be immediately accessible in the event of an emergency.

[en. B.C. Reg. 381/2004, s. 12.]

Vessel preparation

17.23  Before transporting workers on a vessel, the operator of the vessel must ensure that the vessel is capable of safely making the passage, considering the

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

(b) ballasting, and

(c) existing and forecast weather conditions.

[en. B.C. Reg. 381/2004, s. 13.]

Maintenance and inspection

17.24  (1) A vessel must be inspected before initial use to ensure that it is fit for safe operation, and after that at intervals that will prevent the development of unsafe conditions.

(2) Defects must be reported immediately, in writing, to the supervisor, employer or owner and those defects which affect the safe operation of the vessel must be remedied before the vessel is put to further use.

[en. B.C. Reg. 381/2004, s. 14.]

Anti-skid covering

17.25  A vessel used by workers wearing caulked boots must be fitted with deck matting or other covering which provides safe footing for workers, and the covering must be maintained in good condition.

[am. B.C. Reg. 381/2004, s. 15.]

Lighting

17.26  Searchlights or floodlights must be provided and used if necessary to facilitate safe operation of a vessel and to illuminate working or boarding areas adjacent to the vessel.

[en. B.C. Reg. 381/2004, s. 16.]

Aircraft

Repealed

17.27  Repealed. [B.C. Reg. 312/2003, App. H, s. 1.]

Part 18 — Traffic Control

General Requirements

Definitions

18.1  In this Part:

"traffic control" means the use of signs, flashing arrow boards, sign boards, buffer or shadow vehicles, barricades, cones, barriers, detours, traffic lights, traffic control persons (TCPs) or other techniques and devices to manage the flow of traffic;

"traffic control person" or "TCP" means any person designated or assigned by the employer to direct traffic.

[en. B.C. Reg. 242/2006, s. 2.]

Responsibility

18.2  The employer must ensure that effective traffic control is provided and used whenever traffic could be hazardous to a worker.

[en. B.C. Reg. 242/2006, s. 2.]

Standards for traffic control

18.3  Traffic control equipment, arrangements and procedures must meet the requirements of the latest edition of the Traffic Control Manual for Work on Roadways (the "Traffic Control Manual") issued by the Ministry of Transportation, unless otherwise specified by this Regulation.

[en. B.C. Reg. 242/2006, s. 2.]

Supervision

18.4  (1) The employer must ensure that whenever traffic control is required, all of the following requirements are implemented:

(a) the traffic control arrangements and procedures for the work are made known to all the people involved in the work;

(b) the required traffic control devices and procedures are in place before the start of work and are removed when they are no longer required;

(c) any person assigned to be a traffic control person is adequately trained in a manner acceptable to the Board and effectively performs their role in the traffic control arrangements and procedures for the work;

(d) a traffic control person is positioned in a safe location clear of potential environmental hazards such as a slide or avalanche;

(e) if 2 or more traffic control persons are required to work as a team at the worksite, responsibility for coordination of changes in traffic flow is assigned.

(2) The employer must ensure that during traffic control operations a supervisor is designated to ensure the requirements of subsection (1) (b) to (e) are met.

[en. B.C. Reg. 242/2006, s. 2.]

Placement of traffic control signs and devices

18.5  (1) Traffic control signs and devices must be positioned and used as specified in the Traffic Control Manual and signs and devices must be located so as to allow traffic to move by or through the work area in a controlled manner and, if necessary, to come to a controlled stop with due regard for the prevailing weather and road conditions.

(2) Unless otherwise specified, all traffic control signs and devices must be installed and removed in a sequence which best protects workers during this phase of a traffic control operation.

(3) A sign advising of a traffic control person ahead must be placed in advance of each traffic control person's station, and this sign must be removed promptly when a traffic control person is no longer on duty at that station.

(4) Subsection (3) does not apply during emergency or brief duration work when it is not practicable to place such a sign, provided that sight lines and traffic speed allow oncoming traffic adequate warning of the work activity taking place.

[en. B.C. Reg. 242/2006, s. 2.]

Traffic Control Persons (TCPs)

Use of a traffic control person

18.6  (1) A traffic control person may be used only

(a) if the use of signs and other traffic control devices and procedures alone cannot provide effective traffic control, or

(b) during emergency or brief duration work if it is not practicable to control traffic with signs and other devices and procedures.

(2) Without limiting the generality of subsection (1), one or more traffic control persons must be used if

(a) it is necessary to institute a one-way traffic system by or through a work zone and the circumstances do not allow self-regulating single lane traffic controlled by signs and other devices as specified in the Traffic Control Manual, and a traffic signal system is not used,

(b) work-related traffic cannot safely self-regulate to move in or out of the work area or safely coordinate with other traffic,

(c) an existing traffic control system, or an existing traffic signal light system, is not adequate to regulate traffic,

(d) the work encroaches into an intersection so as to interfere with regular traffic movement,

(e) traffic speed or volume is a hazard to workers while setting up or removing other traffic control devices, or

(f) other traffic control devices are not available in an emergency situation.

[en. B.C. Reg. 242/2006, s. 2.]

Traffic control person to remain on duty

18.7  The employer must ensure that a traffic control person is on duty at the assigned station whenever a traffic control person is required as part of the traffic control plan for the work.

[en. B.C. Reg. 242/2006, s. 2.]

Location of traffic control persons

18.8  A traffic control person must

(a) stand in a safe position, preferably on the driver's side of the lane under the TCP's control, be clearly visible, and have an unobstructed view of approaching traffic, and

(b) be positioned at least 25 m (80 ft) away from the work area unless circumstances or space requirements, such as working at or near an intersection, dictate otherwise.

[en. B.C. Reg. 242/2006, s. 2.]

Equipment For Traffic Control Persons

Operations during daytime

18.9  Each traffic control person must be provided with, and must use, all of the following:

(a) a traffic control paddle meeting the requirements for a C-27H Traffic Control Paddle as specified in the Traffic Control Manual and, if necessary to control fatigue, a non-conductive support staff for the paddle;

(b) high visibility apparel meeting

(i)   the Type 1 or Type 2 criteria of WCB Standard Personal Protective Equipment Standard 2-1997, High Visibility Garment, or

(ii)   the Class 2 or 3 garment criteria of CSA Standard Z96-02, High-Visibility Safety Apparel, with a fluorescent background colour;

(c) wrist and lower leg bands fitted with a minimum 5 cm (2 in) wide fluorescent retroreflective strip about their entire circumference, except that wrist and lower leg bands are not required for a traffic control person performing this function on an emergency or a temporary basis and not as part of their normal duties;

(d) safety headgear of a high visibility colour with a strip of retroreflective tape across the top from front to back and on the sides;

(e) an effective means of communication when traffic control persons are not visible to each other, which under no circumstances means a system of passing batons or similar items to indicate the last vehicle travelling through the zone under control.

[en. B.C. Reg. 242/2006, s. 2.]

Operations during nighttime or poor visibility

18.10  (1) During the hours of darkness, or in other conditions of poor visibility, each traffic control person must be provided with and must use, in addition to the equipment required by section 18.9, a flashlight fitted with a red signalling wand.

(2) For the purpose of subsection (1), the traffic control person must have immediate access to spare batteries for the flashlight.

[en. B.C. Reg. 242/2006, s. 2.]

Equipment maintenance

18.11  All traffic control equipment and devices, including signs, traffic control paddles and personal protective equipment, must be kept clean and in working condition.

[en. B.C. Reg. 242/2006, s. 2.]

Directions and Signals by Traffic Control Persons

Precise motions

18.12  A traffic control person must make all traffic control directions and signals precisely and deliberately so that the meaning can be clearly understood.

[en. B.C. Reg. 242/2006, s. 2.]

Standard signals between traffic control persons

18.13  If manual signals are used between traffic control persons to initiate changes in the direction of traffic flow, the signals shown in Figure 18-1 must be used.

[en. B.C. Reg. 242/2006, s. 2.]

Standard signals for traffic

18.14  (1) All traffic control directions and signals made by a traffic control person for the purpose of controlling traffic must conform to the requirements of this Regulation and the Traffic Control Manual.

(2) A traffic control person must use the normal signals shown in Figure 18-2 when stationed on the driver's (left) side of the traffic lane under the TCP's control.

(3) The alternative signals shown in Figure 18-2 must be used only when the traffic control person is stationed on the passenger's (right) side of the traffic lane under the TCP's control.

(4) A traffic control person must not use their traffic control paddle to wave traffic on and must never display the paddle to traffic in other than a static manner.

[en. B.C. Reg. 242/2006, s. 2.]

Other Requirements

Dust control

18.15  If traffic causes airborne dust to the extent visibility is reduced and interferes with effective traffic control or creates a hazard to workers, the employer must control the dust by the periodic application of water or other acceptable material to the grade surface to suppress dust.

[en. B.C. Reg. 242/2006, s. 2.]

Long periods of delay

18.16  If traffic control operations will result in long periods of traffic delay, appropriate signs or other effective means must be used to inform the traffic of the situation.

[en. B.C. Reg. 242/2006, s. 2.]

Towing and recovery operations

18.17  If the recovery of a disabled or damaged vehicle prevents the safe passage of other vehicles or if a passing vehicle is a danger to the workers engaged in the recovery operation, the person in charge must

(a) warn traffic of the recovery operation by displaying appropriate signs and a 360° flashing light,

(b) ensure that workers wear appropriate personal protective equipment, and

(c) ensure that any other procedures required by the Traffic Control Manual are followed if the activity exceeds the limits for emergency or brief duration work.

[en. B.C. Reg. 242/2006, s. 2.]

Figure 18-1: Arm signals between traffic control persons

[en. B.C. Reg. 242/2006, s. 2.]

Figure 18-2: Arm signals for traffic control

[en. B.C. Reg. 242/2006, s. 2.]

Contents  |  Parts 1 to 3  |  Part 4  |  Part 5  |  Part 6  |  Part 7  |  Part 8  |  Part 9  |  Parts 10 to 11  |  Part 12  |  Part 13  |  Part 14  |  Part 15  |  Part 16  |  Parts 17 to 18  |  Part 19  |  Part 20  |  Part 21  |  Part 22  |  Part 23  |  Part 24  |  Parts 25 to 26  |  Part 27  |  Part 28  |  Parts 29 to 33  |  Schedules