Understanding British Columbia's Health and Safety Requirements | CFIB

In British Columbia (BC), WorkSafeBC oversees Occupational Health and Safety (OHS) and enforces the Occupational Health and Safety Regulations and the Workers Compensation Act. 

A worker is anyone that is employed (full time, part time, temporary or seasonal) and has worked more than 1 month for the employer or works for the employer periodically.

Employer’s duties under OHS 

To successfully manage safety and health in your workplace, you should first understand that as a business owner, you have obligations under the law. You must: 

• Ensure the safety and health of the people at or near your workplace
• Provide and maintain equipment, machines, and materials that are properly equipped with safety devices
• Provide information, instruction, training, supervision, and facilities to keep your workers safe
• Ensure that all workers are told about any health or safety hazards at your workplace
• Ensure that all workers know when and how to properly use all devices, equipment, and clothing required for their protection
• Conduct your business so that workers are not exposed to health or safety hazards
• Work with your Worker Health and Safety Representative if you have more than 9, but fewer than 20 workers
• Establish a Joint Health and Safety Committee if you have 20 or more workers
• Cooperate with anyone performing a duty or exercising a power under the OHS provisions or the Regulations.
• Make your workers aware of their four basic rights:
  • The right to know of any hazards in the workplace
  • The right to participate—to identify and resolve issues
  • The right to refuse dangerous work
  • The right to carry out duties or exercise safety and health rights without being subjected to discriminatory action 

OHS Policy
OHS Program
Committees & Representatives
Posters, Signage, Printables
Violence, Harassment & Bullying
Orientation & Training
Young Workers
Working Alone
Accessibility
First Aid
Emergencies, Hazards & Communicable Disease
GHS (WHMIS)
Return to Work

OHS POLICY 

In British Columbia, a health & safety policy is required when a company employs a worker of any kind. 

The policy should be: 

• Created in consultation with the Joint Health and Safety Committee, representative or workers.
• Written and signed by senior management or business owner.
• Posted in a prominent location in the workplace. 

You are required to review the OHS policy annually and update as needed to be current with workplace changes and government legislation.

The BC government website has guidance on writing a Health and Safety Policy. CFIB members can access a template Health and Safety policy in the Member Portal.  

OHS PROGRAM 

All employers in British Columbia must establish some form of workplace health and safety program. The type of program you need depends on the number of workers you have, and the risks associated with their work.

Less formal OHS program (20 or fewer workers)
Small businesses or employers with fewer than 20 workers need a health and safety program. These programs can be simpler than the formal OHS program and are referred to as "less formal" health and safety programs.

The requirements for the less formal OHS program can be found in WorkSafeBC's OHS Guideline G3.2.

Formal OHS program
If you have more than 20 employees and at least one workplace that is deemed moderate or high risk, then you must have a formal OHS program. All workplaces with 50 or more employees, regardless of risk level, must have a formal OHS program.

For information on WorkSafeBC's Health & Safety program requirements and determining whether you need a formal or less formal OHS program, please visit their website. 

COMMITTEES & REPRESENTATIVES 

In British Columbia, a Worker Health and Safety (WHS) Representative is required when a business has more than 9 but fewer than 20 workers and the workers have been employed for at least one month.     

Each workplace should:  

• Post the name of the representative in a prominent location 
• Ensure the representative is not connected with management 
• Ensure the representative is chosen by the workers or union  

The representative is responsible for:  

• Any function that a Joint H&S Committee may typically do 
• Participating in regular inspections and investigating incidents. 
• Making recommendations to the employer to address health and safety issues. 
• Encouraging workers to report hazards and concerns to their supervisor. 
• Keeping records of any meetings between the representative and employers regarding safety.  

All representatives must receive four hours of training and instruction on the following topics:  

• The duties and functions of a representative
• 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 Worker Health and Safety Representative Fundamentals online course addresses this required training for worker health and safety representatives in workplaces without a joint committee.  

Mandatory training can also be delivered by the employer or external training providers. To find training near you, contact the health and safety association (HSA) for your industry, or local OHS training providers.

More details on the requirements of a worker representative can be found here.  

You are required to establish a Joint Health and Safety Committee (JHSC) when you have 20 or more workers that have been employed at the workplace for more than one month.  

The committee needs to:  

• Have at least 4 members 
• Have at least half of the members be elected by the workers and union 
• Have the other half selected by the employer 
• Have two co-chairs – one to represent the management and one to represent the workers 
• Elect committee members for a three-year term 
• Be paid and given time away from regular duties to fulfill the role of the committee  

The JHSC is required to:  

• Hold monthly meetings with an agenda  
• Record the minutes of every meeting and post in a conspicuous location 
• Participate in regular inspections and investigations of incidents 
• Make recommendations to the employer for improvements on health and safety issues 
• Encourage workers to first report hazards and concerns to their supervisor  

All joint committee members must receive eight hours of training and instruction on the following topics:  

• 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  

Learning materials, including a 2-hour online component, are available to address these training requirements.  

Mandatory training can also be delivered by the employer or external training providers. To find training near you, contact the health and safety association (HSA) for your industry, or local OHS training providers.    

A detailed guide of the JHS Committee requirements is available here.  

POSTERS, SIGNAGE, PRINTABLES 

You must post in a prominent place, accessible to all employees:

• The Workers’ Compensation Board (WCB) Notice to Workers Poster posted in a highly visible place.  It provides information to employees on how to prevent injuries, what to do in the event of an injury, how to claim compensation, and where to get assistance with a claim.
• A notice telling workers where a copy of the Workers Compensation Act and regulations are available.  
• Names and work locations of the joint committee members, the reports of the three most recent committee meetings and copies of any applicable orders for the preceding 12 months.  
• Written first aid procedures.  

Anything required to be posted must be posted where it is likely to come to the attention of the workers or otherwise ensure it is brought to the attention of the workers in accordance with the regulations.  

VIOLENCE, HARASSMENT & BULLYING 

Regardless of the number of workers, all workplaces must have a policy stating that bullying and harassment are not acceptable. Clear guidelines for reporting instances of bullying and harassment must also be provided to workers, along with the procedure for the employer to investigate the complaints. 

Workers must be advised of the policies and procedures and receive training on how to recognise bullying and harassment in the workplace.  

The investigation procedures must include:

• How and when investigations will be conducted
• What will be included in the investigation
• The roles and responsibilities of employers, supervisors, workers, and others (such as investigators, witnesses, or union representatives)
• Follow-up to the investigation (description of corrective actions, time frame, dealing with adverse symptoms, etc.)
• How investigations will be documented and records maintained (employers should maintain records of investigations but should not submit to WorkSafeBC unless requested by an officer)

Employers must ensure all procedures are followed. Workers have a duty to cooperate with the investigation.

More information is available on the WorksafeBC website. 

A workplace violence prevention plan should be part of your Health and Safety program. A violence risk assessment should be done, and the program based on the results. A violence prevention plan should include:

• A written policy to eliminate or minimize risk
• Regular risk assessments
• Procedures for preventing violence
• Worker and supervisor training
• Procedures for reporting and investigating incidents
• Incident follow-up
• Program review

More information is available on the WorksafeBC website. 

ORIENTATION & TRAINING 

Employers have a duty to ensure the health and safety of their workers this includes training workers to:

• perform their tasks safely
• use equipment and machinery safely
• use and maintain any personal protective equipment (PPE)

While the training will vary depending on the location, industry, job tasks of the position, there are 3 topics that must always be covered in training:

• Rights and Responsibilities
• Workplace Hazards
• Safe work procedures

For new employees, orientation should include:

• An overview of each task, including any safety precautions and safe work procedures.
• Demonstration of the task, going through the steps slowly.
• Observing workers on the job and checking their progress.

New employees are those new to the workplace, those returning after an extended absence, and those who have moved to a different part of the workplace and will face new hazards.

YOUNG WORKERS 

Young workers are defined as workers under 25 years of age.   

There are specific employment rules for young workers. Employers are required to get a permit to hire anyone 15 years old or younger, except in specific circumstances. More information on the types of work young people can do, please visit the BC Employment Standards page. 

Workers aged between 16 and 25 must meet the WorkSafeBC requirements for young workers. The WorkSafeBC orientation checklist can help ensure workers are correctly trained. 

WORKING ALONE 

If working alone is necessary, use a buddy system to check in with the worker whenever possible. 
 
The employer must identify risks to the worker when working alone and develop a safe work procedure in consultation with the worker. The employer must set up a communication system, using a reliable communication device, to monitor the worker's safety. The employer must determine how frequently the worker should be monitored based on the risks involved. 
 
Emergency situations should be considered when identifying risks to the worker and the control measures that should be in place. 

It is the responsibility of the employer to provide information, instruction, and training to ensure, as far as is reasonably practicable, the safety, health and welfare of the worker. The safe work procedure should be reviewed at least annually, and more often if there is a change in working conditions, or the procedures are not effective. 

WorkSafeBC has a Working Alone Handbook for Small Business

ACCESSIBILITY  

The Accessible British Columbia Act is being phased in, and while it does not currently pertain to small businesses, it is a best practice for small businesses to prepare for future requirements. 

Recommended steps for small businesses:

• Review your premises for physical barriers (entrances, washrooms, aisles).
• Train staff on accessible customer service.
• Develop a process for accommodating employees and customers with disabilities.
• Stay informed about updates to the Accessible BC Act, as requirements may expand to private businesses in the future.

FIRST AID 

To determine the first aid needs of your business, you must conduct a first aid assessment, taking into consideration:

• Number of employees
• Proximity to a BC Ambulance Station
•  Accessibility of the workplace to BC Ambulance staff
• Activities of the workplace

The assessment determines the level of training, and the equipment required for your workplace. It should be reviewed annually, and a full reassessment done when there are changes to the workplace. 

Employers are required to:  

• Develop written first aid procedures. 
• Post the location of first aid, and how to call for assistance, in a suitable location in the workplace. 
• Provide a plan as to how the attendant is to respond to a call for first aid. 
• Provide transportation of the injured worker.  

More information, and links to the first aid assessment, can be found here. 

EMERGENCIES, HAZARDS & COMMUNICABLE DISEASE 

Employers must have a plan for mitigating the risk of communicable diseases. The plan does not need to be written or posted, although you may find it easier to communicate the plan to employees if it is written.

The Communicable Disease plan should include (but is not limited to):

• A process for monitoring and reviewing information on communicable diseases issued by regional or provincial medical health officers.
• Policies to support staff who have symptoms of a communicable disease, so they do not come into the workplace when sick.
• Policies/posters/procedures regarding handwashing and covering coughs and sneezes.
• The cleaning schedule, who is responsible for cleaning, and whether they have received the appropriate training.
• Details on how policies are communicated at the workplace.
• Information on how workers can escalate health and safety concerns; the involvement of H&S Representatives or JHSC; and how you will monitor the effectiveness of the policies implemented.

More information can be found in WorkSafeBC’s Communicable disease prevention: A guide for employers.

CFIB Members can access a template Communicable Disease Prevention Plan in the Member Portal. 

Employers are responsible for Emergency Response and Planning. The scope of your Emergency Plan will be determined by the type of workplace and the type of emergencies that could occur:

• Environmental – earthquake, forest fires, tsunami, flooding, avalanches
• Infrastructure/industry – are you located near a chemical plant, or a railway line used to haul dangerous goods?
• Hazardous substances – are they used in the workplace? If there was an incident could the harm extend off the worksite?

WorkSafeBC has guides and templates available to help you draft your Emergency Response Plan. 

CFIB Members can access an Emergency Preparedness Guide in the Member Portal. 

We have information on our website regarding flood mitigation and the benefits of having a storm day policy. 

GHS (WHMIS) 

WHMIS (Workplace Hazardous Materials Information System) and GHS (Globally Harmonized System) are world-wide systems providing information on hazardous materials used in the workplace. Employees need to know how to work safely, but that doesn’t necessarily mean you need to implement costly training programs.

More information on WHMIS requirements in BC can be found on the WorkSafeBC website. 

You can also find information on our website and the Canadian Centre for Occupational Health and Safety website.  

RETURN TO WORK  

Return to work is a standardized process for when an injured employee is ready to reintegrate back into the workplace. Returning to work is an essential part of the recovery process and can also help limit the impact a workers’ compensation claim has on your business if the injury is received at work. 

It is best practice to have a Return-to-Work Policy that clearly lays out the rights and responsibilities of both the employer and employee when injury occurs. 

CFIB Article: Return to Work: Be prepared. Save your business

Information and resources are also available on the WorkSafeBC website.