(1) On application of the Board and on being satisfied that there are reasonable grounds to believe that a person, (a) has contravened or is likely to contravene the OHS provisions, the regulations or an order, or. (4) If an employer files a request under section 270 for review of a decision under subsection (1) of this section, the employer must. (1) If the OHS provisions, the regulations or an order requires an employer or other person to post information at a workplace, the person must, (a) post the information at or near the workplace in one or more conspicuous places where it is most likely to come to the attention of the workers, or. (1) Despite section 85(2) [orders may be made orally or in writing], an order under section 90 or 91. (1) If the Board considers this is advisable given the physical requirements of a specific type of work, the Board may, by regulation, require employers to ensure that workers performing that work are medically certified as to their physical fitness for the work. The Safety Standards Act sets out the general requirements for regulated work performed by contractors. Workers Compensation Act. (b) has substantially the same purpose and effect as the provision being varied. A notice telling workers where a copy of the Act and the regulations are available for review Worker's Compensation Act, Sec.115(2)(f) Names and work locations of the joint health and safety (JHSC) members, the reports of the three most recent JHSC meetings and copies of any applicable orders for the preceding 12 months British Columbia. WorkSafeBC endeavours to update the online Act and Regulation as soon as possible following any legislative amendments. (b) resulted in injury to a worker requiring medical treatment, (c) did not involve injury to a worker, or involved only minor injury not requiring medical treatment, but had a potential for causing serious injury to a worker, or. 44 Employer must post committee information Disability Benefits. WorkSafeBC is charged with … This book looks at worker safety in the changing workplace and the challenge of ensuring a supply of top-notch OSH professionals. (5) For the purposes of section 21(1)(b) [disclosure harmful to business interests of third party] of the Freedom of Information and Protection of Privacy Act, information referred to in subsection (1)(c) or (d) or (2) of this section that is in the custody or under the control of the Board or the appeal tribunal, whether or not supplied to the Board or the appeal tribunal, is deemed to be supplied to the Board or the appeal tribunal in confidence if it is. 114 When Board regulation comes into force 90 Stop-work orders Board Meeting. 77 Officer must produce credentials on request 24 Coordination at multiple-employer workplaces 101 Additional defence for workers (2) Subject to subsections (4) and (5), the employer must respond in writing to the committee within 21 days of receiving the request, either, (a) indicating acceptance of the recommendation, or. We believe that all working people in Canada, whether members of a Union or not, should be afforded the . Torrey: Mental-Mental Laws in All 50 States. (1) The Board may make orders for the carrying out of any matter or thing regulated, controlled or required by the OHS provisions or the regulations, and may require that the order be carried out immediately or within the time specified in the order. (b) another organization of workers formed for purposes that include the regulation of relations between workers and employers, if the organization has given notice to the employer and the Board that it is to be considered a union for the purposes of the OHS provisions; "variance order" means an order under section 60 [Board may authorize variances from regulations]; "wages" has the same meaning as in the Employment Standards Act; (a) a worker as defined in section 1, and. (b) only during the time that there is compliance with its terms and conditions. 70 Investigation process (7) As soon as reasonably practicable after a thing is seized under this section, the officer must bring the thing, or a report of it, before a justice to be dealt with in accordance with the Offence Act as if it were seized under a warrant under that Act. (2) Subsection (1) does not restrict the Board's authority under section 20. (1) If the Board has reasonable grounds for believing that a person who holds a certificate issued under the OHS provisions or the regulations has breached a term or condition of the certificate or has otherwise contravened an OHS provision or a provision of the regulations, the Board may, by order, (a) cancel or suspend the certificate, or. (1) If a joint committee is unable to reach agreement on a matter relating to the health or safety of workers at the workplace, a co-chair of the committee may report this to the Board, which may investigate the matter and attempt to resolve the matter. (b) an employer has failed to pay wages to the worker as required by the OHS provisions or the regulations. (3) If the Board has reasonable grounds for believing that, at the other workplace or any part of the other workplace, the same or similar unsafe working or workplace conditions would exist as at the workplace or any part of the workplace in respect of which the order under section 90 was made, the Board may make an order prohibiting the employer from starting work at the other workplace or any part of the other workplace. 32 Variations in committee requirements 103 Additional penalty to reclaim monetary benefit (1) Subject to sections 288 and 289 [matters that may be appealed to appeal tribunal], the Board has exclusive jurisdiction to inquire into, hear and determine all matters and questions of fact and law arising or required to be determined under the OHS provisions, and the action or decision of the Board on those matters and questions is final and conclusive and is not open to question or review in any court. • Reference federal and state laws that pertain to workers' compensation issues. (1) The worker representatives on a joint committee must be selected from workers at the workplace who do not exercise managerial functions at that workplace, as follows: (a) if the workers are represented by one or more unions, the worker representatives are to be selected according to the procedures established or agreed on by the union or unions; (b) if none of the workers are represented by a union, the worker representatives are to be elected by secret ballot; (c) if some of the workers are represented by one or more unions and some are not represented by a union, the worker representatives are to be selected in accordance with paragraphs (a) and (b) in equitable proportion to their relative numbers and relative risks to health and safety; (d) if the workers do not make their own selection after being given the opportunity under paragraphs (a) to (c), the employer must seek out and assign persons to act as worker representatives. (1) An investigation required under this Division must be carried out by persons knowledgeable about the type of work involved and, if they are reasonably available, with the participation of the employer or a representative of the employer and a worker representative. (ii) a statement of why the variance is requested. (b) provide for variations regarding the practice and procedure of a joint committee from the provisions otherwise applicable under the OHS provisions or the regulations. (c) if unsafe conditions, acts or procedures are identified under paragraph (b) of this subsection, determine the corrective action necessary to prevent the recurrence of similar incidents. (7) Nothing in this section relieves an employer of the obligation to comply with the OHS provisions and the regulations. (4) As a limit on the authority under subsection (1), a provision in a regulation of the Lieutenant Governor in Council under the OHS provisions may be varied only if this is permitted by regulation of the Lieutenant Governor in Council. (3) A regulation under subsection (1) may prescribe the following: (a) the medical examinations, including tests and X-rays, that are required; (b) the type of health professional who is authorized to conduct the examinations; (d) the information that must be obtained and recorded; (e) the information that must be provided to the worker; (f) responsibilities for keeping the records related to the program. 113 Notice and consultation before Board makes regulation (2) Nothing in this section prevents workers affected by an order referred to in subsection (1) from being assigned to reasonable alternative work during the time that the order is in effect. (b) place a condition on the use of that certificate that the Board considers necessary in the circumstances. Multiple character wildcard. 95 Administrative penalties – higher maximum amount A joint committee for a workplace must be established in accordance with the following: (a) it must have at least 4 members or, if a greater number of members is required by regulation, that greater number; (b) it must consist of worker representatives and employer representatives; (c) at least half the members must be worker representatives; (d) it must have 2 co-chairs, one selected by the worker representatives and the other selected by the employer representatives. 7691000427. (1) If the Board makes an order under section 90, the Board may, in accordance with this section, make an order with respect to another workplace or any part of another workplace whose employer is the same as the employer at the workplace or any part of the workplace in respect of which the order under section 90 was made. (a) prohibiting or regulating the transportation, storage, handling, use or disposal of any biological, chemical or physical agent; (b) prohibiting persons other than those meeting prescribed qualifications from transporting, storing, handling, using or disposing of any biological, chemical or physical agent; (c) prohibiting or regulating the manufacture, import, supply or sale or other disposition of any biological, chemical or physical agent; (d) establishing requirements with respect to the testing, labelling or examination of any substance or material; (e) establishing requirements with respect to the labelling of biological, chemical or physical agents supplied by a supplier; (f) establishing requirements for records that must be kept in relation to hazardous substances and other substances that are potentially harmful to workers; (g) designating a biological, chemical or physical agent as a hazardous substance; (i) establishing requirements with respect to the labelling or identification of a hazardous substance; (j) establishing requirements with respect to safety data sheets to be provided for a hazardous substance; (k) establishing requirements with respect to worker training and instruction in relation to hazardous substances; (l) establishing requirements with respect to the disclosure of information in respect of a hazardous substance, including disclosure of confidential business information; (m) providing for exemptions from disclosure of confidential business information in respect of a hazardous substance; (n) establishing or designating an agency, board or commission to determine whether information in respect of a hazardous substance is confidential business information; (o) respecting the procedures, powers and functions of an agency, board or commission referred to in paragraph (n); (p) respecting the reporting by physicians and others of cases in which workers are affected by hazardous substances. It will assist you in helping people apply for, establish eligibility for, & continue to receive SSI benefits for as long as they remain eligible. This publication can also be used as a training manual & as a reference tool. New York's Workers' Compensation Law already addresses and provides treatment and compensation for occupational diseases, defined as an injury or illness that is associated with the nature of the occupation. Handbook. (b) by an officer or a person authorized by an officer. (2) A person must not do any of the following: (a) hinder, obstruct, molest or interfere with, or attempt to hinder, obstruct, molest or interfere with, an officer in the exercise of a power or the performance of a duty or function under the OHS provisions or the regulations; (b) knowingly provide an officer with false information, or neglect or refuse to provide information required by an officer in the exercise of the officer's powers or performance of the officer's duties or functions under the OHS provisions or the regulations; (c) interfere with any monitoring equipment or device in a workplace placed or ordered to be placed there by the Board. Reg. Diving, Fishing and Other Marine Operations, 26. Found inside(WorkSafe BC, 2013. BOD Decision 2013/03/2003 – Employer duties – Workplace bullying and harassment) Bill 14, or the Workers Compensation Amendment Act, 2011, came into force on July 1, 2012. The Act expressly addresses bullying and ... 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