Occupational Health and Safety in BC: A Guide for Employers

Creating a safe and healthy work environment is crucial for businesses operating in British Columbia. Employers in the province must follow the Occupational Health and Safety Regulation (OHSR) set by the Workers Compensation Act (WCA). The Act defines workplace standards and guidelines to prevent work-related injuries and illnesses. 

Under the Act, the Workers’ Compensation Board of British Columbia (WorkSafeBC) operates as an independent agency that enforces health and safety regulations. It also educates employers and workers on health and safety in the workplace and provides support and compensation for injured workers.

By complying with the Workers Compensation Act, WorkSafeBC, and BC OHSR, employers can contribute to a safer workplace, reduce the risk of accidents and injuries, and protect the well-being of their employees.

What is the BC Workers Compensation Act?

The Workers Compensation Act in BC is a vital piece of legislation that governs the workers' compensation system in the province. It protects the rights and well-being of workers who experienced work-related injuries, illnesses, or diseases.

The BC Workers Compensation Act aims to promote workplace safety and prevention measures. It mandates the requirements for incident reporting and investigation, facilitates return-to-work programs, establishes a dispute resolution process, and enforces penalties for noncompliance. 

Who Does the Occupational Health and Safety Regulation (OHSR) apply to?

The OHS Regulation in BC applies to all employers, workers and all other persons working in industries that fall within the scope of OHS provisions. The provisions refer to the section in the BC WCA that addresses the rights and responsibilities of workplace parties and OHS procedures.

Under the Act, OHS provisions apply to “every employer and worker whose occupational health and safety are ordinarily within the jurisdiction of the government of British Columbia”. This means almost all workplaces in the province need to meet the legal requirements for health and safety set by the OHSR. They are also subject to inspections by WorkSafeBC.

Who is excluded from BC OHSR?

Certain employers, workplaces, and industries are excluded from BC OHS Regulation. These include mines and federally chartered workplaces, banks, interprovincial and international transportation, telephone systems, and radio, television, and cable services. 

What is WorkSafeBC?

WorkSafeBC is an independent statutory agency in British Columbia that operates under the authority of the Workers Compensation Act. It plays an essential role in promoting workplace health and safety, providing workers' compensation insurance, and supporting the recovery and return to work of injured workers. 

Here's a breakdown of what WorkSafeBC does:

Preventing workplace injuries

WorkSafeBC develops and implements prevention programs aimed at reducing workplace hazards and fostering safe work practices. These programs include training, education, and resources for employers and workers to enhance their knowledge and understanding of health and safety requirements. It also conducts inspections to ensure employers are complying with health and safety regulations.

Compensation and rehabilitation

The agency administers the workers' compensation system in British Columbia. It provides compensation to workers experiencing work-related injuries or illnesses, including covering the costs of medical treatments, wage replacement, and rehabilitation services. WorkSafeBC ensures that injured workers receive the support they need to recover and help them return to work.

Providing no-fault insurance for employers

WorkSafeBC provides no-fault insurance coverage to employers. This means that regardless of who is at fault for a workplace injury or illness, employees are eligible for workers' compensation benefits. Employers are required by law to have this coverage, which includes medical treatment, wage loss replacement, and rehabilitation for injured workers. The premiums paid by employers help fund WorkSafeBC benefits and programs. 

What are the three rights of workers under BC OHSR?

Workers in BC have these rights under the OHS Regulation:

The right to know

Workers have the right to be informed about potential hazards in the workplace. Employers are required to provide information and training on hazards, including chemicals, machinery, and equipment, as well as any specific workplace risks.

The right to participate

Workers have the right to participate in matters related to occupational health and safety. This includes the ability to raise concerns, participate in workplace inspections, and be involved in the establishment and operation of joint health and safety committees (JHSC).

The right to refuse unsafe work 

Workers in BC have the right to refuse work they believe is dangerous to themselves or others. If a worker encounters a situation they believe to be an immediate hazard, they should report it to their supervisor or employer. If the issue isn’t resolved, they can refuse the work, and an investigation will be conducted to determine if the work is indeed unsafe.

Joint Health and Safety Committee (JHSC) in the workplace

The Joint Health and Safety Committee, or Joint Occupational Health and Safety Committee, is a group of both workers and management representatives who collaborate to promote health and safety in the workplace. In British Columbia, the establishment of a JHSC is mandated by OHS Regulation for workplaces that regularly have 20 or more workers or have been ordered by WorkSafeBC to have one in place. 

When do you need a worker health and safety representative? 

In workplaces that have more than 9 but fewer than 20 workers, you’re required by law to have a worker health and safety representative. This also includes workplaces with 10 or more workers employed for longer than a month. 

What are the functions of the JHSC and worker health and safety representative?

The JHSC and worker health and safety representatives help ensure a workplace’s compliance with BC OHSR’s standards and guidelines. They support workers and employers in maintaining a healthy and safe work environment, identify hazards, and propose changes and solutions. 

Here are some of their responsibilities according to WorkSafeBC: 

• Identify situations that may be unhealthy or unsafe for workers and advise on effective systems for responding to those situations.
• Consider and expeditiously deal with complaints relating to the health and safety of workers.
• Consult with workers and the employer on issues related to occupational health and safety and occupational environment.
• Make recommendations on improvements to occupational health and safety and the occupational environment of workers.
• Make recommendations to the employer on educational programs promoting the health and safety of workers, compliance with OHS provisions and regulations, and monitoring their effectiveness.
• Advise the employer on programs and policies required under the regulations for the workplace and monitor their effectiveness.
• Advise the employer on proposed changes to the workplace, including significant changes to equipment and machinery or work processes that may affect the health or safety of workers.
• Ensure that accident investigations and regular inspections are carried out as required by OHS provisions and regulations.
• Participate in inspections, investigations, and inquiries according to OHS provisions and regulations.
• Carry out any other duties and functions prescribed by regulation.

Mandatory health and safety training 

The BC OHSR requires JHSC members and worker health and safety representatives to undergo mandatory training. The type of training differs between these two groups. Employers can choose to deliver the training to the employees or through an external training provider. You can find the nearest training provider by contacting the health and safety association for your business’s industry or through the BC OHS Training Providers’ website.

WorkSafeBC has outlined the following mandatory training requirements:

Training for JHSC members  

JHSC members selected on or after April 3, 2017, must have eight hours of training and instruction on the following:

• The duties and functions of a joint committee.
• The rules of procedure of the joint committee.
• The requirements around conducting incident investigations.
• The requirements around conducting regular workplace inspections, and how to make regular inspections.
• The requirements around responding to a refusal of unsafe work.
• The requirements for annually evaluating the joint committee.

Training for worker health and safety representatives 

All representatives selected on or after April 3, 2017, must have four hours of training and instruction on the following:

• The duties and functions of a joint committee.
• The requirements around conducting incident investigations.
• The requirements around conducting regular workplace inspections, and how to make regular inspections.
• The requirements around responding to a refusal of unsafe work.

Training is offered through the Worker Health and Safety Representative Fundamentals online course. 

Annual education leave

JHSC members and worker health and safety representatives are entitled to eight hours of leave per year to attend occupational health and safety training.

Occupational health and safety programs

Under BC OHS Regulation, most employers need to have some form of health and safety program in place to ensure risks are minimized and workers are protected. The type of program you should implement depends on the size of the business, the number of workers in the workplace, and the risks associated with their work. 

WorkSafeBC states that an effective health and safety program should perform the following:

• Identify and control hazards in the workplace.
• Help prevent injuries and diseases.
• Limit an organization's financial losses resulting from injuries and diseases.
• Promote a positive health and safety culture.
• Outline the importance of, and provide guidance on, health and safety processes such as workplace inspections, investigations, safe work procedures, management meetings for health and safety, joint health and safety committee requirements, and tracking OHS records, statistics, and trends. 
• Include sub-programs focused on health and safety issues pertinent to your site. For example, your site may have a specific lockout program, a fall protection program, or a confined space entry program.  

What should be included in the health and safety program?

Under Section 3.3 of BC OHSR, the content of the health and safety program must contain these features:

• A statement of the employer's aims and the responsibilities of the employer, supervisors and workers.
• Provision for the regular inspection of premises, equipment, work methods and work practices, at appropriate intervals, to ensure that prompt action is undertaken to correct any hazardous conditions found.
• Appropriate written instructions, available for reference by all workers, to supplement OHS Regulation.
• Provision for holding periodic management meetings for the purpose of reviewing health and safety activities and incident trends, and for determining necessary courses of action.
• Provision for the prompt investigation of incidents to determine the action necessary to prevent their recurrence.
• The maintenance of records and statistics, including reports of inspections and incident investigations, with provision for making this information available to the joint health and safety committee or worker health and safety representative, and upon request, to an officer, the union representing the workers at the workplace or, if there is no union, the workers at the workplace.
• Provision by the employer for the instruction and supervision of workers in the safe performance of their work.

When to implement a formal or less formal health and safety program? 

 If your business has a workforce of 20 or 50, or more, workers, and at least one workplace where there is a moderate or high risk of injury, you are required by the BC OHSR to implement a formal health and safety program. 

For smaller businesses or employers with 20 or fewer workers, the health and safety program can be simpler or “less formal”. 

WorkSafeBC provides a breakdown to help employers determine if they need a formal or informal health and safety program:

1. Determine how many workers are regularly employed in your workplace. Include all workers, supervisors, and managers who have worked for at least one month.
2. Determine if your workplace is classified as low (L), moderate (M), or high (H) risk. You can review OHS Guideline G3.16 or talk to a WorkSafeBC prevention officer to understand the level of risk in your workplace.
3. Use the table below to identify the type of program required for your workplace. Keep in mind that in certain situations, a smaller workplace may need to update a program from informal to formal. This may happen if or when your workplace includes high-risk work, has had a high number of injury claims, or has had multiple serious injuries or fatalities.

Here is a chart to help you determine if your workplace needs a formal or informal health and safety program.

What are employers’ responsibilities under the Workers Compensation Act?

When it comes to health and safety, the B.C. WCA specifies certain roles and responsibilities for everyone in the workplace. These responsibilities apply equally to owners, employers, supervisors, prime contractors, and workers.  

Employers, especially, have a significant role to play to ensure the health and safety of their employees and workplaces.

They are responsible for the following:

• Establishing a valid occupational health and safety program.
• Training employees to do their work safely and provide proper supervision.
• Providing supervisors with the necessary support and training to carry out health and safety responsibilities.
• Ensuring adequate first aid equipment, supplies, and trained attendants are on site to handle injuries.
• Regularly inspect your workplace to make sure everything is working properly.
• Fixing problems reported by workers.
• Transporting injured workers to the nearest location that can administer medical treatment.
• Reporting all injuries to WorkSafeBC that require medical attention.
• Investigating incidents where workers are injured, or equipment is damaged.
• Submitting the necessary forms to WorkSafeBC.

What does WHMIS stand for?

WHMIS stands for Workplace Hazardous Materials Information System. 

What is the purpose of WHMIS?

WHMIS is a comprehensive information system designed to ensure the safe handling, storage, and use of hazardous materials in the workplace. Its main purpose is to provide workers with important information about the hazards associated with these materials, as well as the necessary precautions to take.

WHMIS is implemented through a combination of labelling, safety data sheets (SDS), and worker education and training. Hazardous materials are labelled with specific symbols and warnings that indicate the potential risks they pose. SDSs contain detailed information about the properties, handling procedures, and emergency measures related to each hazardous material.

When was WHMIS implemented?

WHMIS was implemented nationally in Canada in 1988. It was introduced to standardize the labelling and communication of hazardous materials in the workplace across the country. 

In 2015, WHMIS was updated to align with the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), an internationally recognized system. The purpose of this amendment was to harmonize the classification criteria, labels, and safety data sheets (SDS) with those used in other countries and make it easier to understand and comply with hazard information worldwide.

Is WHMIS required by law?

WHMIS is required by law and mandated under federal and provincial legislation. Employers are legally obligated to provide their workers with accurate information on all hazardous products and materials they work with. 

Employers’ responsibilities under WHMIS

Employers have a legal obligation to ensure that hazardous materials are properly labelled, SDSs are readily accessible, and workers are trained on the safe handling and use of these materials. 

Under WHMIS, employers are responsible for the following:

• Providing workers with ongoing education and updated training on hazards and the safe use of hazardous products in the workplace.
• Ensuring all hazardous products are properly labelled.
• Preparing workplace labels and SDSs as necessary.
• Ensuring appropriate control measures are in place to protect the health and safety of workers.

Hazardous drugs in the workplace

In July 2023, WorkSafeBC's Board of Directors approved amendments to BC OHSR concerning hazardous drugs. These changes are made to address outdated rules regarding worker exposure to cytotoxic drugs, which have evolved over the past 20 years. The amendments will come into effect on December 1, 2023.

Key features of the amendments include:

Definition of hazardous drugs

Hazardous drugs are now given a new and updated definition. Employers must label a substance as hazardous if it has certain characteristics such as the potential to cause cancer, damage genetic information in cells, adversely affect the sexual function and fertility in adult males and females, the development of offspring, or produce organ toxicity at low doses. 

Labelling is also required when the drug is listed as hazardous by the United States National Institute for Occupational Health and Safety (NIOSH).

Maintaining a list

Employers must create and maintain a list of hazardous drugs in their organization. This list should be reviewed and updated at least annually and be easily accessible to workers.

Risk assessment

Employers must appoint a qualified person to prepare a written risk assessment when a worker may have been exposed to a hazardous drug. JHSC or health and safety representatives should be included in this process.

Instruction and training

Employers must provide instruction and training on the safe handling of hazardous drugs. Workers should be informed about the health effects, work procedures, and the use of personal protective equipment. This training should be developed in consultation with the JHSC or health and safety representatives.

Record keeping

Employers must maintain records of all training and instruction for workers exposed to hazardous drugs for at least three years. Records regarding the preparation of hazardous drugs should include drug names, preparation numbers, risk assessments, and exposure control plans. These records should be kept for a worker's employment duration plus 10 years.

How to conduct a workplace inspection for hazards

Employers can take a proactive approach to mitigate risks in the workplace by conducting workplace inspections. Through inspections, you can spot potential hazards, unsafe conditions, and dangerous activities before they lead to accidents or injuries. Having an inspection program in place can also help ensure the workplace is compliant with health and safety regulations. 

Inspections can range from daily equipment checks to weekly or monthly supervisor reviews. Aside from scheduled inspections, you need to inspect the workplace after an incident or when adding a new work process or piece of equipment.

Conducting a workplace inspection

WorkSafeBC provides a guideline on what to look out for throughout a workplace inspection. Here are a few things to keep in mind:

• Use a checklist to ensure that your inspection is thorough and consistent with previous inspections.
• Ask yourself what hazards are associated with the job that you are observing or would be performed in that work area.
• Observe how workers perform tasks. Do they follow safe work procedures and use personal protective equipment as required?
• Ask workers how they perform their tasks.
• Talk to workers about what they're doing. Ask them if they have any concerns about health and safety.
• Record any unsafe actions or conditions.
• Consider tasks that the worker may also perform that you did not observe.

What to do after an inspection

After you concluded a workplace inspection, you should address the issues by doing the following:

• Address and fix serious hazards or unsafe work practices immediately. As an employer, this is your legal obligation. 
• Prioritize other, less serious hazards and assign someone to remedy each one.
• Follow up on any actions that will take time to complete (for example, purchasing new equipment).
• Communicate inspection findings to workers.
• Ensure that the joint health and safety committee has access to, and reviews, the inspection reports and process.

What are WorkSafeBC inspections?

From time to time, WorkSafeBC will inspect your workplace to ensure it is operating in compliance with the BC WCA and OHSR. Inspections are carried out by prevention officers, who may call ahead to inform you of an inspection or visit unannounced. 

Once the prevention officers are on site, they will assess your workplace for risks, identify hazards, implement appropriate measures for activities, and ensure employers have correctly followed OHS provisions and guidelines. 

After the inspection

Prevention officers will send a report of their findings to the employer, including information and resources that may help improve the workplace. If the officers find the workplace in violation of health and safety regulations, they will cite orders and corrective measures for employers to implement. Officers will follow up on the orders at a later date to ensure employers have taken proper steps to address the violations.

You can view and download your inspection reports online through WorkSafeBC’s online services. You need an account to access the reports.

What are WorkSafeBC investigations?

Unlike inspections, WorkSafeBC investigations usually take place when a workplace incident has caused a serious injury or death or has the potential to do so. WorkSafeBC investigation officers typically visit the worksite where the incident occurred to conduct interviews, gather evidence, review documents, and assess the workplace's compliance with health and safety regulations. They may also take photographs, conduct tests, and seize materials and documents as necessary.

Employers, workers, supervisors and other workplace members are expected to fully cooperate with the investigation by providing relevant documents and records, facilitating interviews, and assisting the officers in their tasks. 

Penalties for noncompliance

Employers who are in violation of BC OHSR provisions may receive administrative penalties (OHS penalty) in the form of monetary fines. 

WorkSafeBC can issue a fine for the following:

• Failure to take sufficient precautions to prevent work-related injury or illness.
• Failed to comply with OHS Regulation, the OHS provisions of the Workers Compensation Act, or a compliance order.
• Have an unsafe workplace or working conditions.

The amount for the fine is based on factors such as the nature and severity of the violation, a company’s history of violations, and the size of the company’s payroll. Penalties may be greater if the violation is intentional or high-risk. 

The maximum fine for noncompliance is $759,368.84. 

Can an inspector’s order be appealed? 

 If you disagree with an inspector’s decision, you can file for an appeal. In most cases, employers can request a review of any decision made on claims, assessments, and health and safety enforcement matters.  

Some appeals can be made directly to the Workers’ Compensation Appeal Tribunal (WCAT).

Review

You can submit a request for review online through WorkSafeBC’s online services. You’ll need an account to begin the process.

A request to review claims and assessments must be submitted within 90 days after the decision was made. For health and safety enforcement-related matters, a request for review has to be submitted within 45 days after the decision. 

WorkSafeBC usually completes a review within 150 days after receiving the request. 

Appeal 

Appeals for WorkSafeBC decisions are conducted by the Workers’ Compensation Appeal Tribunal (WCAT), an external, independent organization with the authority to give final decisions on appeals.  

You can start the process by writing a formal notice about the decision you wish to appeal to the WCAT. The request must be submitted within 30 days after the decision.    

How can employers report incidents to WorkSafeBC?

Employers have a responsibility to report all work-related injuries, illnesses, and fatalities to WorkSafeBC. If the incident causes workers to miss work or require medical attention beyond first aid, then employers have three days to file a report. You can still submit a report even if you don’t have all the details of the incident.

Failure to report an incident or coercing a worker to not report it are both offences under the B.C. Workers Compensation Act and can result in fines. 

Here are the type of incidents you must report to WorkSafeBC:

• Serious injury to or death of a worker.
• Major structural failure or collapse of a building, bridge, tower, crane, hoist, temporary construction support system, or excavation.
• Major release of a hazardous substance.
• Fire or explosion that had the potential for causing serious injury to a worker.
• Blasting incident causing personal injury.
• Dangerous incident involving explosives, whether or not there is personal injury.

Certain cases require employers to investigate thoroughly first before submitting their investigation reports to WorkSafeBC. 

Conducting an employer investigation

 Employers are responsible for conducting investigations for serious workplace incidents or near mishaps so they can determine their cause and prevent future ones from happening. The investigation report will then have to be submitted to WorkSafeBC. 

Investigation stages 

There are four stages in conducting a workplace investigation. Those conducting the investigation must have knowledge of the work being performed at the time of the incident. The employer or worker representative is required to participate in the process.

Employers have to compile a report for each of these stages. A copy of the reports must be given to the JHSC or worker health and safety representative. If you do not have either of those in your organization, you must post the reports at your workplace for everyone to read. Keep a second copy of the reports for your records. 

Stage 1

Preliminary investigation 

A preliminary investigation offers employers an opportunity to identify unsafe conditions, acts, or procedures that must be corrected before work can resume. Employers must complete this stage of the investigation and provide a report to WorkSafeBC within 48 hours of the incident.

Stage 2

Interim corrective actions

Before the conclusion of the full investigation, the employer is responsible for taking all necessary actions to prevent the incident from happening again. Interim corrective measures may include full or partial shutdown of the worksite, removal of equipment, or assigning workers to other tasks. 

Stage 3

Full investigation 

The purpose of the full investigation is to determine the incident's cause or causes. By carefully analyzing the facts and circumstances that led to the incident, you can uncover the underlying factors and health and safety deficiencies in your current operation. 

Details of your full investigation and report must be submitted to WorkSafeBC within 30 days of the incident. The report is an expansion of your findings in the preliminary investigation and describes what you’ve determined to be the cause or causes of the incident. Based on your findings, you may need to update the section in the preliminary report on unsafe conditions, acts, and procedures that contributed to the incident, including your recommended corrective actions. 

Stage 4

Final corrective actions

Upon the conclusion of the full investigation, the employer has to compile a corrective action report that outlines the unsafe conditions that contributed to the incident. The report needs to include what corrective actions you determined to be necessary and the steps you and your organization will take to implement them.

Once the corrective actions are fully in place, you should review them after some time to see if they have been effective in addressing previous problems. 

How to submit an Employer Incident Investigation Report (EIIR)?

After the investigation, employers are required to submit an Employer Incident Investigation Report form, to WorkSafeBC through its online services. You can also fax the report to (604) 276-3247 (toll-free at 1 (866) 240-1434) or send it by mail to: WorkSafeBC, PO Box 5350 Stn Terminal, Vancouver, BC V6B 5L5.

Investigating bullying and harassment in the workplace

Under the BC Workers Compensation Act, OHS provisions specify that employers must have procedures in place for responding to workplace bullying and harassment. Bullying and harassment can take different forms, such as verbal aggression, derogatory comments and name-calling, personal attacks, vandalizing personal belongings, and spreading malicious rumours. 

Employers have an obligation to conduct a fair and impartial investigation that focuses on finding facts. When the matter is simple, uncomplicated, and independent witnesses are available, employers can conduct investigations on their own. However, employers may consider obtaining a third-party investigation service, or a private investigator, for more serious and complicated complaints.  

Work refusal

Can a worker refuse unsafe work under BC OHSR?

Under the B.C. OHSR, workers have the right to refuse work or perform a task they believe to be unsafe. This right is in place to protect workers from hazardous conditions and ensure their well-being in the workplace.

What is the process for refusing unsafe work in BC? 

When refusing unsafe work, the worker should promptly notify their supervisor or employer about their refusal to perform the work and the reasons behind it.

Workers can’t be penalized for refusing unsafe work. The employer or supervisor can choose to temporarily assign the worker to a new task, at no loss of pay.

Here are the steps for workers to follow when refusing unsafe work:

Step 1 

Report the unsafe condition or procedure: 

• As a worker, you must stop the work immediately and notify your employer or supervisor about the circumstances of the unsafe condition.
• As an employer or supervisor, you must investigate the matter and fix the issue if possible. If you disagree with the worker that the condition is unsafe, inform the worker of your assessment.
• If the worker and the employer or supervisor can’t agree on how to resolve the matter and the worker continues to refuse work, proceed to step 2. 

Can the work be assigned to someone else?

During the investigation, if the employer or supervisor believes the task can still be done safely, they can assign it to another worker. In this case, you must:

• Give notice in writing to the workers assigned or permitted to do the work.
• Give notice in writing to a worker representative of the joint health and safety committee, a union representative, or another worker. 

Ensure the notice includes:

• Details of the work refusal and the reported unsafe condition.
• The reasons why the work isn’t an undue hazard to the health and safety of the worker or any other workers. 
• The workers’ right to refuse the work.

Step 2

Both the worker and the employer or supervisor must investigate the matter with one of the following members present:

• A joint health and safety committee member or worker health and safety representative.
• A worker chosen by the worker’s trade union.
• Any other worker chosen by the worker who first reported the unsafe condition.

Step 3

If the matter is still not resolved after following steps 1 and 2, notify WorkSafeBC immediately. Both the worker and employer or supervisor can contact WorkSafeBC by phone at (604) 276 -3100, or toll-free 1 (888) 621-7233. WorkSafeBC will then dispatch a prevention officer to investigate the situation and formulate a workable solution.

Do you need help ensuring your workplace is compliant with BC’s Workers Compensation Act?

Creating a healthy and safe work environment is essential for any business. By following the guidelines set by the Workers Compensation Act and BC OHSR, you can ensure the well-being of your employees, avoid hefty fines, loss of reputation, and potential lawsuits.

At Peninsula Canada, our team of experts can help you with implementing health and safety policies, understanding changes to legislation, and providing ongoing support on meeting regulatory requirements. Contact us at 1 (833) 247-3652 to learn more about our services.