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WorkSafeBC Regulations Update
- November 20, 2011 -
Effective February 1, 2012, WorkSafeBC will initiate changes to
the following regulations affecting
1. Regulation pertaining to Pesticide
PART 6: SUBSTANCE SPECIFIC REQUIREMENTS
MIXING, LOADING AND APPLYING PESTICIDES
Qualifications
6.77
(1) The employer must ensure that a worker or applicator who mixes, loads or applies a moderately or very toxic pesticide for use in a workplace or who cleans or maintains equipment used in the operations
(a) is 16 years of age or over, and
(b) holds a valid pesticide applicator certificate issued pursuant to the Pesticide Control Act and Regulation under the Integrated Pest Management Act.
(2) Subsection (1) (b) does not apply to the use of biocides and slimicides in pulp and paper operations, or to antisapstain materials.
(3) Workers involved in training for the purposes of obtaining a valid pesticide applicator certificate who are directly supervised by a qualified person are exempt from the requirement of subsection (1)
(b) during the training period.
- Worksafe B.C.
http://worksafebc.com/regulation_and_policy/public_hearings/assets/pdf/2011AmendmentsOHRS/Part6Pesticides.pdf
2. Regulation pertaining to Confined Spaces
PART 9: CONFINED SPACES
VERIFICATION AND TESTING
Testing the atmosphere
9.25
(1) Except as stated in subsection (7), before a worker enters a confined space, the employer must ensure that the atmosphere in the confined space is tested in accordance with this section and section 9.26.
(2) The pre-entry testing must be
(a) conducted as specified in the written work procedures, and
(b) completed not more than 20 minutes before a worker enters a confined space.
(3) When all workers have vacated the confined space for more than 20 minutes, pre-entry testing, as required by subsection (1), must be repeated.
(4) While a worker is inside a confined space with a moderate or high hazard atmosphere, additional testing must be conducted as necessary to ensure the worker's continuing safety.
(5) Whenever practicable, continuous monitoring of the atmosphere must be done.
(6) If a worker enters a confined space with a moderate or high hazard atmosphere, the employer must continuously monitor the atmosphere if a flammable or explosive atmosphere in excess of 20% of the lower explosive limit could develop.
(7) Pre-entry atmospheric testing is not required in a confined space with a low hazard atmosphere if
(a) the location and control of the space ensures that a more hazardous atmosphere could not inadvertently develop,
(b) such testing is not required to verify the effectiveness of an isolation or other pre-entry control,
(c) prior representative sampling has demonstrated that the atmosphere within the space or group of similar spaces meets the low hazard atmosphere definition, and
(d) the written entry procedures do not require such testing.
Procedures and equipment
9.26
(2) Each confined space test must be carried out by an adequately trained worker a qualified person who has training and experience to calibrate, operate and monitor testing equipment and interpret readings from the testing equipment.
(3) The test record must show the date and time of the test, the initials of the tester and the levels or condition found.
(4) Test results, other than continuous monitoring results, must be posted without delay at all points of entry to the confined space.
-Worksafe B.C.
http://worksafebc.com/regulation_and_policy/public_hearings/assets/pdf/2011AmendmentsOHRS/Part9Atmosphere.pdf
3. Regulation pertaining to Mobile Chippers
PART 12: TOOLS, MACHINERY AND EQUIPMENT
MOBILE CHIPPERS
Driven-feed chippers
12.70
A driven-feed chipper must have a guard chute or apron extending at least 90 cm (3 ft) from the feed rollers and a panic bar to stop the feed rollers.
(1) A driven-feed chipper must have
(a) a feed table that meets both of the following requirements:
(i) the feed table, including the drop-down extension, if any, must extend at least 150 cm (59 in) from the nip point of the feed rollers;
(ii) the total distance from the nip point of the feed rollers to the ground must be at least 210 cm (82 in), as measured along the centre line of the feed table to the lip of the feed table and then vertically from the lip of the feed table to the ground,
(b) side walls on the feed table, including any drop-down extension, and on the guard chute that are of sufficient height to prevent a worker who is standing on the ground from reaching the feed rollers, and
(c) a feed control bar that is
(i) located across the top and close to the feed end of the guard chute, and
(ii) designed so that a worker endangered by the feed rollers is able to stop or reverse the feed rollers both by
(A) pushing the feed control bar to its forward travel limit, and
(B) pulling the feed control bar to its rearward travel limit.
(2) No part of a person’s body may be on the feed table or in the guard chute unless
(a) the feed rollers have stopped, and
(b) the motor of the driven-feed chipper is turned off and locked out.
(3) Despite subsection (1), a driven-feed chipper that is in use in British Columbia before February 1, 2012 may continue to be used if
(a) the driven-feed chipper meets the requirements of subsection (1) (a) and (b),
(b) the feed control bar meets the requirements of subsection (1) (c) (i), and
(c) the feed control bar is designed so that a worker endangered by the feed rollers is able to stop or reverse the feed rollers by at least one of the means set out in subsection (1) (c) (ii).
-Worksafe B.C.
http://worksafebc.com/regulation_and_policy/public_hearings/assets/pdf/2011AmendmentsOHRS/Part12Chippers.pdf
4. Regulation pertaining to Agriculture Tractors and ROPS
28.1
In this Part: “agricultural tractor”
means a vehicle, with more than 20 engine horsepower, running on wheels, designed to furnish the power to pull, carry, propel or drive an implement that is designed or used for agriculture, but does not include a self-propelled implement;
“low-profile tractor”
means an agricultural tractor with the following characteristics:
(a) the front wheel spacing is equal to the rear wheel spacing, as measured from the centre line of each right wheel to the centre line of the corresponding left wheel;
(b) the clearance from the bottom of the tractor chassis to the ground does not exceed 46 cm (18 in);
(c) the highest point of the hood does not exceed 1.5 m (60 in);
(d) the tractor is designed so that the operator straddles the transmission when seated;
DIVISION 4 – EQUIPMENT
ROPS exception for agricultural tractors
28.41
(1) Section 16.22(1) does not apply to an agricultural tractor manufactured on or before January 1, 1985.
(2) An agricultural tractor manufactured after January 1, 1985 must be equipped with a rollover protective structure, except for
Rollover protective structures for agricultural tractors
(a) a low profile tractor used in agricultural situations where there is low overhead clearance, such as orchards, hop yards, farm buildings and greenhouses where overhead clearance is not adequate to allow a tractor equipped with a rollover protective structure to operate, and when its use is incidental to the work in those situations, and
(b) an agricultural tractor fitted with implements incompatible with the rollover protective structure.
(1) In this section:
"risk assessment"
means an assessment of the risk that an agricultural tractor will roll over while it is being operated, based on the relevant circumstances of the proposed operation including the following:
(a) the stability of the agricultural tractor, taking into account such factors as the configuration of the agricultural tractor and any attachments mounted on or pulled by the agricultural tractor during operation;
(b) the ground conditions where the agricultural tractor will be operated, including the presence of ditches, drop-offs and ground irregularities such as holes, soft spots or mounds;
(c) the grades on which the agricultural tractor will be operated;
(d) the nature of the activities to be performed with the agricultural tractor;
(e) the applicable safe work procedures established by the employer;
(f) the training and experience of the operator;
(g) the presence or absence of direct supervision of the operator by a qualified person;
"ROPS"
means a rollover protective structure that meets the requirements of sections 16.23, 16.24, 16.25 and 16.26.
(2) Section 16.22 does not apply to an agricultural tractor if it is being driven or used as part of agricultural operations on farm land.
(3) Subject to subsection (4), a worker must not drive or use an agricultural tractor as part of agricultural operations on farm land unless the agricultural tractor has a ROPS.
(4) A worker may drive or use an agricultural tractor without a ROPS as part of agricultural operations on farm land if a qualified person has carried out a risk assessment and has determined that, in the circumstances, the agricultural tractor can be operated safely and with a low risk of a rollover, and any of the following apply:
(a) the agricultural tractor was manufactured on or before January 1, 1985;
(b) the agricultural tractor
(i) is a low profile tractor that is used in agricultural operations on farm land in places that have low overhead clearance, such as orchards, hop yards, farm buildings or greenhouses, where overhead clearance is not adequate to allow an agricultural tractor with a ROPS to operate, and
(ii) is being driven or used as part of those agricultural operations;
(c) the agricultural tractor is fitted with implements that are incompatible with a ROPS.
(5) The employer must permanently affix, on an agricultural tractor without a ROPS that is driven or used as part of agricultural operations on farm land, a notice that is legible and visible to a person in the operator’s position, stating that the agricultural tractor
(a) does not have a rollover protective structure, and
(b) may be driven and used only in areas and for activities authorized by the employer.
-WorkSafeB.C.
http://worksafebc.com/regulation_and_policy/public_hearings/assets/pdf/2011AmendmentsOHRS/Part28ROPSRick.pdf
For further information to assist with compliance to these regulation changes, please contact:
FARSHA Suite 311 – 9440 – 202 Street
Langley, B.C. V1M 4A6
Office: 604.881.6078, or toll free 1.877.533.1789
Email: farmsafe@farsha.bc.ca
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