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B.C. Reg. 176/2024, deposited July 3, 2024, under the WORKERS COMPENSATION ACT [sections 110, 111 and 117]. Resolution of the Workers’ Compensation Board, dated July 2, 2024.
The Workers’ Compensation Board orders that, effective October 1, 2024, the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended as set out in the attached Appendix.
— C. MORTON, Chair, Board of Directors.
Appendix
1 Section 14.2 (1) of the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended by striking out "designed, constructed, erected, disassembled, inspected, maintained and operated" and substituting "designed, constructed, assembled, erected, climbed, repositioned, adjusted, disassembled, dismantled, inspected, maintained and operated".
2 Section 14.12 is amended
(a) in subsection (1) by repealing the definitions of "engineer’s instructions" and "manufacturer’s manual" and substituting the following:
"engineer’s instructions" means instructions, approved in writing by a professional engineer, for the assembly, erection, climbing, repositioning, adjustment, disassembly, dismantling, inspection, maintenance and operation of the component parts of a crane or hoist and of the assembled crane or hoist;
"manufacturer’s manual" means a manual, prepared by the manufacturer of a crane or hoist, that describes approved methods for the assembly, erection, climbing, repositioning, adjustment, disassembly, dismantling, inspection, maintenance and operation of the component parts of the crane or hoist and of the assembled crane or hoist. , and
(b) in subsection (3) (a) and (b) by striking out "assembly, erection, dismantling, inspection, routine maintenance and safe operation" and substituting "assembly, erection, climbing, repositioning, adjustment, disassembly, dismantling, inspection, routine maintenance and operation".
3 Section 14.15 (1) is amended by striking out "erected, dismantled, operated, adjusted, inspected and maintained" and substituting "assembled, erected, climbed, repositioned, adjusted, disassembled, dismantled, inspected, maintained and operated".
4 Section 14.73.1 is repealed and the following substituted:
Definitions
14.73.1(1) In this section and sections 14.73.2 to 14.93:
"qualified supervisor", in relation to the erection, climbing, repositioning or dismantling of a tower crane, means a supervisor who is qualified to erect, climb, reposition or dismantle, as the case may be, that particular tower crane;
"reposition" means, subject to subsection (2), to reposition the mast of a tower crane;
"tower crane" means a tower crane that
(a) is erected on site from component parts, or
(b) is self erecting.
(2) The repositioning of the mast of a tower crane is excluded from the definition of "reposition" if
(a) the mast travels horizontally along a rail or track on which the tower crane is mounted, and
(b) the movement described in paragraph (a) is part of the normal operation of the tower crane.
5 Section 14.73.2 is amended
(a) by renumbering the section as section 14.73.2 (1),
(b) in subsection (1) by striking out "erection, climbing and dismantling" and substituting "erection, climbing, repositioning and dismantling", and
(c) by adding the following subsection:
(2) The erection, climbing, repositioning and dismantling of a tower crane must be done under the direction of a qualified supervisor.
6 The following section is added:
Notice of project
14.73.3(1) In this section, "crane activity" means any of the following work activities:
(a) erecting a tower crane;
(b) climbing a tower crane;
(c) repositioning a tower crane;
(d) dismantling a tower crane.
(2) Every employer responsible for a crane activity at a workplace, and either the owner or any person engaged by the owner to be the prime contractor, must ensure that,
(a) at least 2 weeks before the crane activity begins, the Board receives a written notice of project containing the information required by subsection (3), and
(b) before the crane activity begins and for the duration of that crane activity, a notice containing the information described in subsection (3) (a) to (e) is posted at the workplace.
(3) The notice of project must include the following information:
(a) the name and contact information for
(i) every employer responsible for the crane activity,
(ii) the owner and any person engaged by the owner to be the prime contractor, and
(iii) every person who may be a qualified supervisor in relation to the crane activity;
(b) the address of the workplace or the location of the workplace in relation to the nearest highway;
(c) the nature and scope of the crane activity and the nature and scope of the project that involves the crane activity;
(d) the starting date and estimated duration of the crane activity;
(e) the manufacturer, type, model number and configuration of the tower crane to which the crane activity relates and, if the information is available, the serial number of the tower crane and the year in which the tower crane was manufactured;
(f) work procedures established specifically for the workplace to ensure the safety of a person during the crane activity at that workplace;
(g) the qualifications of the person who is the qualified supervisor for the crane activity or the identity of a registry, acceptable to the Board, from which the qualifications may be obtained.
(4) Every employer responsible for a crane activity at a workplace, and either the owner or any person engaged by the owner to be the prime contractor, must ensure that the information described in subsection (3) (f) and (g) is kept up to date and made readily available at the workplace.
(5) If a crane activity is necessary in order to prevent the immediate risk of injury to a person or damage to property, that crane activity may, despite subsection (2), begin immediately after the Board has been notified of the intended crane activity.
(6) As soon as possible after the crane activity referred to in subsection (5) has begun, every employer responsible for the crane activity, and either the owner or any person engaged by the owner to be the prime contractor, must ensure that
(a) the Board receives a written notice of project containing the information required by subsection (3), and
(b) a notice containing the information described in subsection (3) (a) to (e) is posted at the workplace and remains posted for the duration of the crane activity.
(7) If any of the information included in a notice of project provided to the Board changes significantly, every employer responsible for the crane activity to which the notice of project relates, and either the owner or any person engaged by the owner to be the prime contractor, must ensure that
(a) the Board receives the new information, in writing, as soon as possible, and
(b) if the new information is information described in subsection (3) (a) to (e), an updated notice containing the new information is posted at the workplace as soon as possible and remains posted for the duration of the crane activity.
7 Section 14.75 is amended
(a) in subsection (1) by striking out "the erector of the tower crane must verify that the crane has been erected" and substituting "a qualified supervisor must verify that the tower crane has been erected, climbed or repositioned",
(b) in subsection (1) (b) by striking out "erected" and substituting "erected, climbed or repositioned",
(c) in subsection (2) by striking out "erected" and substituting "erected, climbed or repositioned", and
(d) by repealing subsections (3), (4) and (5) and substituting the following:
(3) If a tower crane is erected, climbed or repositioned, a qualified person must adjust the overload prevention system as necessary according to
(a) the manufacturer’s specifications, or
(b) the specifications of a professional engineer, if the engineer has authorized the crane to be erected, climbed or repositioned otherwise.
(4) If the climbing or repositioning of a tower crane affects any connections, bracing or shoring certified by a professional engineer under section 14.74 (3), before the tower crane is put into service, a professional engineer must certify that
(a) any parts of the tower crane affected by the climbing or repositioning have been properly installed, and
(b) the connections to and any bracing or shoring of the building or structure supporting the tower crane are in place.
(5) Before a tower crane is put in service following its erection, climbing or repositioning, a qualified supervisor must make available at the workplace at which the crane is installed a report
(a) verifying that
(i) the requirement in subsection (1) has been met,
(ii) copies of any certifications required under subsections (2) and (4) of this section and section 14.74 are available at the workplace, and
(iii) the overload prevention system of the crane has been adjusted as required by subsection (3) of this section,
(b) specifying the load limits set for the limit devices, as defined in section 14.81 (0.1), on the tower crane, and
(c) specifying the weight of each counterweight and any ballast installed on the tower crane.
8 Section 14.80 (3) is repealed.
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