Legislative roundup: Changes in OHS laws and regulations from West to East

B.C.'s crane operator certification deadline approaching • New standards for firefighters’ protective equipment in Ontario • Sheet metal trade amendment in Ontario • New fall protection regulations in New Brunswick • Nova Scotia's maximum insurable and assessable earnings announced • Yukon's WCHSB rates reduced • Comment deadline extended for OHS regulations in Northwest Territories/Nunavut

BRITISH COLUMBIA

Crane operator certification deadline approaching

As of Feb. 28, 2011, all crane operators must be certified in British Columbia. The B.C. Occupational Health and Safety Regulation (OHSR) requires all operators of cranes to carry a valid operator’s certificate proving competency. All boom, tower and mobile crane operators in B.C. have until the end of February to obtain a certificate or register with the B.C. Association for Crane Safety to show they are in the process. Certification became an additional requirement for crane operators under changes to the OSHR in 2007. The CraneSafe Certification system has been developed by  BC Association for Crane Safety (BCACS) and WorkSafeBC and is available through Fulford Harbour Group. The assessment fee is $750.

ONTARIO

New standards for firefighters’ protective equipment

As of Jan. 1, 2011, Ontario firefighters must be provided with structural firefighting protective garments (also known as bunker gear) that meets National Fire Protection Association 1971 “Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting,” 2007 edition, if the bunker gear was manufactured on or after March 1, 2007. In the case of garments manufactured before March 1, 2007, such gear can continue to meet CAN/CGSB-155.1-M88 “Firefighters’ Protective Clothing for Protection Against Heat and Flame Standard.”  

Sheet metal trade amendment

To reflect the fact the Ministry of Training, Colleges and Universities has recently divided sheet metal trade into two branches in its regulatory requirements, an amendment has been made to Ontario Regulation 572 — Training Requirements for Certain Skill Sets and Trades. The sheet metal trade has been split into two branches: sheet metal worker  and residential (low rise) sheet metal installer. This means that under the Occupational Health and Safety Act, the Ministry of Labour will now enforce the qualifications and certificates required for these two branches of the sheet metal trade under the Trades Qualification and Apprenticeship Act.

NEW BRUNSWICK

New fall protection regulations

As of Jan. 1, 2011, New Brunswick’s new fall protection regulations under the Occupational Health and Safety Act (OHSA) are in force. These new regulations are extensive and introduce some new regulatory concepts to prevent fall from heights accidents including:
•the preference of guardrails and travel restraints over less restrictive fall prevention strategies
•placing duties on employers, contractors and “owners of the workplace”
•a new provision which requires the employer to develop its own fall prevention code of practice where there is a risk of workers falling from a height of 7.5 metres or more
•the notion of a control zone in work such as weather stripping
•new requirements for competency and training and for the maintenance of training records
•new and updated standards relating to fall arrest equipment.
Note also that the mines regulation under the OHSA has been amended to reflect changes in fall protection requirement.

NOVA SCOTIA

Maximum insurable and assessable earnings

On Jan. 1, 2011, the maximum assessable and insurable earnings  increased from $50,800 to $52,000. This figure is used by the Workers’ Compensation Board (WCB) to determine the maximum benefit payable to injured workers in 2011, and also represents the maximum assessable earnings per worker to be reported by employers on 2011 payrolls. The maximum is set by the WCB at 135.7 per cent of the average industrial wage in Nova Scotia.

YUKON

WCHSB rates reduced

The board of directors of Yukon Workers’ Compensation Health and Safety Board (YWCHSB) announced 92 per cent of Yukon employers will see their assessment rates decrease in 2011. The average assessment rate dropped from $2.95 in 2010 to $2.49 in 2011 — a decrease of almost 16 per cent. A contributing factor to the lower rate is the trend in lower claims costs including a 43 per cent reduction in 2009, according to YCHSB. Three industries have also been moved into lower rate groups. Those who are not showing improvement with rising claims costs are receiving a higher assessment rate. About eight per cent of employers will see rates increase by six per cent in 2011. The board will be reviewing the transition process for reclassified industries for the 2012 assessment year and beyond.

NORTHWEST TERRITORIES/NUNAVUT

Comment deadline extended

The comment deadline for the new Northwest Territories/Nunavut occupational health and safety regulations is extended to March 31, 2011.

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