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Contents

2.1 Scope of application
2.2 General duty
2.3 Conflict with a code or standard
2.4 Prompt compliance
2.5 Inspection reports
2.6 Notification of compliance
2.7 Notice to workers
2.8 Contravention

Application

2.1 Scope of application

This Occupational Health and Safety Regulation applies to all employers, workers and all other persons working in or contributing to the production of any industry within the scope of the OHS provisions of the Workers Compensation Act.

[Amended by B.C. Reg. 279/2019, effective April 6, 2020.]

2.2 General duty

Despite the absence of a specific requirement, all work must be carried out without undue risk of injury or occupational disease to any person.

2.3 Conflict with a code or standard

If there is any conflict between the requirements of this Regulation and any code or standard with which compliance is required by this Regulation, the provisions of this Regulation prevail.

2.4 Prompt compliance

Every person to whom an order or directive is issued by the Board must comply promptly or by the time set out in the order or directive.

2.5 Inspection reports

(1) An inspection report must remain posted for at least 7 days, or until compliance has been achieved, whichever is the longer period.

(2) When a joint committee or a worker health and safety representative is required at a workplace, the employer must produce for the committee or representative the inspection report, or a copy of it, at or before the next meeting of the committee or with the representative.

Note: Subsection (1) provides minimum posting requirements for inspection reports. Part 2, Division 5, section 44 of the Workers Compensation Act requires that if an inspection report contains orders related to joint committees or worker health and safety representatives as covered by the Act, then the orders must remain posted for 12 months.

2.6 Notification of compliance

When an employer is required to provide notification of compliance in response to an inspection report the employer must ensure that a copy of the notification is posted next to the originating inspection report until compliance has been achieved.

2.7 Notice to workers

Every employer must post in a conspicuous place at each workplace any placard issued by the Board titled "Notice to Workers".

2.8 Contravention

(1) A contravention of this Regulation will be deemed to be a contravention by the employer and will make that employer liable for any penalty prescribed by the Workers Compensation Act.

(2) A contravention of this Regulation by a supervisor or a worker will be deemed to be a contravention by the supervisor and will make that supervisor liable for any penalty prescribed by the Workers Compensation Act.

(3) A contravention of this Regulation by a worker will make that worker liable for any penalty prescribed by the Workers Compensation Act.

(4) A contravention of this Regulation by a person working in or contributing to the production of an industry within the scope of the Workers Compensation Act will make that person liable for any penalty prescribed by the Act.

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).