GENERAL APPLICATION

"board" means the Worker's Compensation Board of British Columbia;

"safety officer" means an inspecting engineer appointed pursuant to the Railway Act of BC.

14.1.1.1

This Part applies to all railways and their employees operating under the jurisdiction of the Railway Act of B. C.

14.1.1.2

Notwithstanding the absence of a specific requirement, a11 employment and work must be carried out without undue risk of injury or occupational illness to any person subject to this Part.

14. 1.1.3

If there is any conflict between this Part and any other code or standard which is not part of the Railway Safety Code, the provisions of this Part must govern.

14.1.1.4

The application of a specific requirement in this Part does not limit the application of a general or general duty requirement.

14.1.1.5

The safety officer may modify the application of a requirement in this Part and substitute such alternate requirements as may provide an equal level of protection to employee safety and health if, in the opinion of the safety officer, the circumstances of a workplace warrant such action.

14.1.2.1

(1) Every railway or person must promptly comply with an order or directive issued by a safety officer or comply as soon thereafter as provided by the order or directive.

(2) Except for an order or directive issued under section 14.1.5.1, every railway or person, or a representative of the railway or person that is affected by an order or directive, may appeal the order or directive to the chief inspecting engineer .

(3) The appeal under subsection (2) must be made in writing within 21 days or such further period as the chief inspecting engineer may allow and must state the reasons for the appeal.

(4) An appeal in itself does not operate as a stay in respect of any order or directive.

14.1.2.2

(1) If an inspector's notification report is given or sent to a railway for posting at a place of employment, it must be posted forthwith by the railway at the place of employment covered by the report and in a location conspicuous to employees engaged at that place.

(2)An inspector's notification report must remain posted for a minimum of 45 days or until compliance has been achieved.

(3) If the posting of an inspector's notifcation report is not feasible because of transient operations, the railway must adopt other measures appropriate to the circumstances to bring the contents of the report to the attention of the affected employees.

(4) If an occupational safety and health committee is required at the place or area of employment, the railway must produce for the committee the applicable inspector's notification report or a copy of the applicable report at or before the next meeting of the committee.

(5) When a railway is required to provide notification of compliance in response to a safety officer notification report, the railway must ensure that:

(a) a copy of the notification of compliance is posted next to the original notification report, and (b) copies are to be provided to the occupational safety and health committee.

14.1.2.3

Every railway must post in a conspicuous place at each place of employment any placard or notice issued by the safety officer .

14.1.2.4

If the posting of a notification of compliance or a notice to employees, required under subsections 14.1.2.2(5) and 14.1.2.3, as in some transient operations, the railway may adopt other effective measures to bring contents of such documents to the attention of the affected employees.

14.1.2.5

Every railway must keep a copy of Part 14 of this Code readily available at each place of employment for reference by all employees.

14.1.2.6

(1) A contravention of this Part, by the railway, will be deemed to be contravention and will make that railway liable for any penalty prescribed by the "Act" , where applicable

(2) A contravention of this Part by a supervisor or an employee will be deemed to be a contravention by the supervisor and will make that supervisor liable for any penalty prescribed by the "Act", where applicable.

(3) A contravention of this Part by an employee will make that employee liable for any penalty prescribed the" Act", where applicable.

(4) A contravention of this Part by a person working in or contributing to the operations of a railway within the scope of the" Act", where applicable, will make that person liable for any penalty prescribed by the "Act".

14.1.3.1

(1) An occupational safety and health program as outlined in section 14.1.3.3 must be initiated and maintained by each railway having:

(a) a work force of 20 or more employees, in a railway classified as " A" or "B" hazard in Division 5 (Occupational First Aid Requirements), or

(b) a work force of 50 or more employees, in a railway classified as "C" hazard in Division 5.

(2) Notwithstanding paragraphs (a) and (b), an occupational safety and health program may be required when in the opinion of the safety officer such a program is necessary .

(3) When the work force at a workplace includes workers of more than one employer, each employer is responsible for the safety and health program for that employer's employees.

(4) If the work areas of contractors and the railway adjoin or overlap, the railway must ensure the continuing coordination of the occupational safety and health activities betwen the contractors and the railway.

14.1.3.2

(1) Subject to subsection 14.1.3.1 (5), if the number of employees is less than 20, a railway must establish and maintain a less formal program based on regular monthly meetings with employees for discussion of safety and health matters.

(2) The meetings must be directed to matters concerning the correction of unsafe conditions and practices and the maintenance of cooperative interest in the safety of the employees.

(3) The railway must maintain a record of the meetings and the matters discussed.

14.1.3.3 An occupational safety and health program required by this Division must be designed to prevent injuries and occupational illness and, without limiting the generality of the foregoing, the program must include:

(a) a statement of the railway's safety program aims and the responsibilities of the railway, supervisors, and employees; "

(b) provision for the regular inspection at appropriate intervals of premises, equipment, work methods and work practices to ensure that prompt action is undertaken to correct any hazardous conditions found;

(c) written instructions, where appropriate to supplement this Part, that are available for reference by all employees;

(d) provision for holding periodic management meetings for the purpose of reviewing safety and health activities and accident trends, and for the determination of necessary courses of action;

(e) provision for the prompt investigation of accidents to determine the action necessary to prevent their re-occurrence, as required by subdivision 14.1.4;

(f) the establishment and maintenance of an occupational safety and health committee, constituted and functioning as required by sections 14.1.3.4 and 14.1.3.5;

(g) the maintenance of records and statistics, including reports of inspections and accident investigations, with provision for making this information available to the occupational

safety and health committee and on request to a safety officer, any union representing the employees at the place of employment or where there is no union, the employees at the place of employment;

(h) the establishment and maintenance of an occupational safety and health committee, constituted and functioning as required by this Part; and

(i) provision by the railway for the instruction and supervision of employees in the safe performance of their work.

14.1.3.4 (1) The occupational safety and health committee must have:

(a) not fewer than 4 regular members employed by the railway and experienced in the types of work carried on by the railway;

(b) membership chosen by and representing the employees and the employer, but in no case may the employer's representatives outnumber those of the employees; and

(c) a chairman and secretary elected from and by the members of the committee, and if the chairman exercises management functions the secretary must be an employee who does not and vice versa.

(2) If the size or nature of the railway precludes the effective functioning of a single committee, additional committees may be established as the situation requires or as directed by the safety officer.

(3) If a railway other than a common carrier already has a committee that complies with the requirements of the board and the committee includes at least one full or part-time railway employee, subsection (1) (a) may on written request be waived by the chief inspecting engineer.

4.1.3.5

(1) The committee must:

(a) assist in creating a safe place of work;

(b ) recommend actions which will improve the effectiveness of the occupational safety and health program; and

(c) promote compliance with this Part.

(2) Without limiting the generality of subsection (1), the committee must:

(b) determine that accident investigations have been made; ""0

(c) recommend measures required to attain compliance with this Part and the correction of hazardous conditions;

(d) appoint, where feasible, at least one member who exercises management functions and one member who does not to participate in the inspections and investigations;

(e) determine that structures, equipment, machinery , tools, methods of operation and work practices are in accordance with this Part and all other codes and regulations as applicable;

(f) consider recommendations from all employees with respect to occupational safety and health matters and recommend implementation where warranted;

(g) hold regular meetings at least once each month for the review of:

(i) reports of current accidents or cases of occupational illness, their causes and means of prevention;

(ii) remedial action taken or required by the reports of investigations and inspections; and (iii) any other matters relating to occupational safety and health;

(h) record the proceedings of the committee in a form acceptable to the safety officer, and promptly forward a copy of all minutes to:

(i) management of the railway who must make copies available to those involved in the occupational safety and health program;

(ii) the chief inspecting engineer, if requested, if the minutes are with respect to railway related matters; and

(iii) any organization representing the employees if requested by the organization.

Every railway must inform the chief inspecting engineer of each accident, injury and occupational illness as required by Part 13, Reporting Railway Accidents.

14.1.4.2

Except in the case of a vehicle accident occurring on a public street or highway, every railway must promptly initiate an investigation into the cause of each accident an4 occupational illness that:

(a) involves injury requiring medical treatment;

(b) does not involve injury but has a potential for causing serious injury; or (c) involves an occupational illness.

Investigators I Qualifications

14.1.4.3

(1) Investigations referred to in section 14.1.4.2 must be carried out by persons knowledgeable of the type of work involved, and if feasible, include the participation of one employee and one employer representative.

(2) The investigation must as far as possible:

(a) determine the cause or causes of the occurrence;

(b) identify any unsafe conditions, act, or procedures which contributed in any manner to the occurrence; and

(c) develop and recommended corrective action to prevent similar occurrences.

14.1.4.4

The railway must ensure that an investigation report is prepared containing:

(a) the place, date and time of the accident;

(b ) the names and job titles of persons injured in the accident; (c) the names of witnesses;

(d) a brief description of the incident;

(e) a statement of the sequence of events which preceded the accident;

(f) identification of.'9,By unsafe conditions, acts or procedures which contributed in any manner to the accident; and

(g) recommend corrective actions to prevent similar accidents; and

(h) the names of the persons who investigated the accident.

14.1.4.5

Every railway must initiate corrective action without undue delay to prevent similar occurrences to those referred to in section 14.1.4.2 and must make a report of the action taken to the occupational safety and health committee or, if there is no such committee, must post the report for reference by the employees.

14.1.5.1

(1) A person must not carry out or cause to be carried out any work process, or operate or cause to be operated any tool, appliance, or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health or safety of any person.

(2) A person who refuses to carry out a work process or refuses to operate any tool, appliance, or equipment must promptly report the reasons for the refusal to his or her supervisor or to another person exercising a management function.

(3) Upon receiving the report made under subsection (2), the supervisor or other person exercising the management function must promptly investigate the matter; and

(a) ensure that any unsafe condition is remedied without delay; or

(b ) reject the report, if in the opinion of the supervisor or other person, the report is not valid and inform the person who made the report of its rejection.

(4) If the procedures under subsection (3) do not resolve the matter and the person continues to refuse to carry out the work process or continues to refuse to operate the tool, appliance, or equipment, the supervisor or other person exercising the management function who received the report must investigate the matter in the presence of the person who made the report and in the presence of:

(a) a representative of the occupational safety and health committee who does n.ot exercise a management function:

(i) if readily available, who works in the same classification as the person refusing work;

or

(ii) if there is no representative working in the same classification who is readily available, the representative most familiar with the operational procedure or trade under review;

(b) an employee who is selected by a trade union representing the person who made the report; or

(c) any other reasonably available employee selected by the person who made the report if there is no occupational safety and health committee or the-person who made the report is not represented by a trade union.

(5) If the investigation under subsection (4) does not resolve the matter and the person continues to refuse to carry out the work process or continues to refuse to operate the tool, appliance, or equipment, both the supervisor or other person exercising the management function who received the report and the person who made the report must promptly notify a safety officer , and the officer must investigate the matter without undue delay and issue whatever order he or she deems necessary .

(6) Before an investigation by the safety officer and the issuance of a decision, or an order or directive, the railway must not assign any other person to carry out the work process or to operate the tool, appliance, or equipment unless that other person has been advised of the refusal under subsections (2) and (4).

(7) Notwithstanding the requirement of subsection (5) the safety officer, upon first being notified by either party , shall commence an investigation.

(8) Upon completing an investigation pursuant to subsection (5) a safety officer shall issue a report that:

(a) clearly states the conclusion of the investigation;

(b ) contains any order or directive deemed necessary as a result of the investigation.

(9) A person is not subject to disciplinary action because he or she has acted in compliance with this subdivision or an order made by a safety officer .

(10) The temporary assignment to alternative work of any person who under this section refuses to carry out a work process or refuses to operate any tool, appliance, or equipment must be at no loss in pay to that person until the matter is resolved and is deemed not to constitute disciplinary action.

(11) The issuance of a decision, or an order or directive by a safety officer, pursuant to an investigation under subsection 14.1.5.1 (8) is subject to an internal review in accordance with section 14.1.5.2 by the chief inspecting engineer upon application by:

(a) the railway if it disagrees with the order; or

(b) the person making the report giving rise to the investigation if:

(i) the safety officer concludes the work complained of does not create an undue hazard to health and safety of any person; or

(ii) the person disagrees with the order or directive.

(12) The application for an internal review or an appeal in itself does not operate as a stay in respect of any order or directive.

14.1.5.2

(1) An applicant requesting an internal review by the chief inspecting engineer shall concurrently notify the other party of that request.

(2) Both the railway and the person making the report giving rise to the investigation shall be provided the opportunity to make submissions to the chief inspecting engineer .

(3) Upon completing the review the chief inspecting engineer shall issue a decision that clearly states the conclusion of the review.

(4) A decision made by the chief inspecting engineer as the result of an internal review may be appealed to the minister in accordance with section 14.1.5.3.

14.1.5.3

(1) In the event that either party disagrees with the decision of the chief inspecting engineer rendered as a result of an internal review that party may submit to the minister a request for a formal appeal by an independent tribunal.

(2) The independent tribunal shall be determined by the minister .

(3) The provisions of section 14.1.5.2 shall, with the necessary amendments apply to the appeal.

14.1.6.1

Every railway must ensure that adequate instruction and direction is given to each employee in the safe performance of his or her duties .

14.1.6.2

Every supervisor must be responsible for the proper instruction of each employee under his or her direction and control to ensure that the employee I s work is performed without undue risk.

14.1.6.3

(1) An employee with a physical or mental impairment which may endanger the employee's ability to safely perform assigned work must inform his or her supervisor of the impairment, and must not knowingly do work where impairment may create an undue risk to the employee or anyone else.

(2) An employee must not be assigned to activities where a reported or observed impairment may create an undue risk to the employee or anyone else.

14.1.6.4

(1) An employee must not enter or remain at any workplace while the person's ability to work is affected by alcohol, a drug, or other substance so as to endanger the health or safety of the employee or any other person.

(2) The railway must not knowingly permit a person to remain at any workplace while the person' s ability to work is affected by alcohol, drug or other substance so as to endanger the employee or anyone else.

4.1.6.5

(1) An employee must not engage in any improper activity or behaviour that might create or constitute a hazard to the employee or any other person.

(2) Improper activity or behaviour must be reported to a supervisor and investigated as required by 14.1.4.2 (b).

(3) Conduct or behaviour to be investigated must include:

(a) the attempted or actual exercise by an employee towards another employee of any physical force so as to cause injury , and includes any threatening statement or behaviour which gives the employee reasonable cause to believe that he is at risk of injury; and

(b ) horseplay, practical jokes, unnecessary running or jumping or similar conduct.

14.1.6.6

Buildings, structures, excavations, machinery, equipment, tools and the workplace must be maintained in such a condition the employees will not be endangered.

14.1.6.7

(1) Every railway must ensure that buildings and permanent and temporary structures are capable of withstanding any stresses likely to be imposed upon it. "

(2) Except as provided elsewhere in this Part, the rated capacity of a machine or piece of equipment is that specified by the manufacturer of the machine or piece of equipment.

(3) The rated capacity must be certified by a registered professional engineer if:

(a) the manufacturer's specifications or other acceptable warranty cannot be produced;

(b) the equipment has been modified in a manner which will change its rated capacity;

(c) wear , corrosion, damage or signs of fatigue are found which may reduce the rated capacity:

(d) the equipment is used in a manner or for purposes other than that for which it was originally

designed and such use will change the safe working load; or

(e) in the opinion of the chief inspecting engineer, provision of such certification is deemed to be necessary .

14.1.6.8

If a machine or piece of equipment has a rated capacity which varies with the reach or configuration of the machine or equipment, or has other operating limits:

(a) appropriate instructions, load charts and warning notices must be affixed to the machine or equipment so as to be visible to the operator when the operator is at the controls, or

(b) the information, in written form, must be available to the operator .

14.1.6.9

(1) The railway must ensure that each machine and piece of equipment in the workplace is: (a) capable of safely performing the functions for which it is used; and (b ) be operated in accordance with the requirements of this standard.

(2) A tool, machine or piece of equipment determined to be unsafe for use must be identified in a manner which wi11 ensure it is not inadvertently returned to service until it is made safe for use.

14.1.6.10

If this standard requires a tool, machine or piece of equipment to meet a code or standard, it must conform to the edition of the Part or standard published at the time the tool, machine or equipment was manufactured, subject only to the modification or upgrading deemed necessary by the safety officer through a provision in the standard or by an Inspector's Notification Report.

16.1.6.11

If this standard requires an operation or maintenance manual for a tool, machine or piece of equipment, the railway must ensure that before the tool, machine or piece of equipment is used in the workplace:

(a) the manual has been obtained;

(b) the supplier has provided sufficient information to identify the standard or standards to which the equipment has been manufactured; and

(c) the equipment otherwise conforms to this standard.

14.1.6.12

When any equipment or structure is dismantled in whole or in part and subsequently reassembled, it must not be used until completely checked by a qualified person and found to be safe for operation or use.

14.1.6.13

(1) Every railway must ensure that regular inspections are made of all places of employment, including buildings, structures, grounds, excavations, tools, equipment, machinery, and work methods and practice, and such inspections must be made at intervals that will prevent the development of unsafe working conditions.

(2) If this Part requires a machine or piece of equipment to have an inspection and maintenance record, then effective written or other permanent recording system or log must be immediately available to the equipment operator and to any other person involved with inspection and maintenance of the equipment.

(3) The recording system must:

(a) identify the make, model and serial number of the equipment, and the name and address of the current owner;

(b ) contain an entry on each shift, signed by the operator of the machine or equipment, reporting the result of each start of shift inspection and safety check, and any observed defect, operating difficulty or need for maintenance occurring on the shift;

(c) contain an entry signed by the person responsible for any test, inspection, modification, repair or maintenance performed on the equipment, summarizing the work done, indicating the status of the equipment or machine for further use, and if appropriate, noting where a detailed record of the test, inspection, modification, repair or maintenance can be obtained; and

(d) if this standard requires a machine or a piece of equipment to have inspections and maintenance records, then detailed reports of inspection, maintenance, repairs and modifications must be kept for the duration of the service life of the machine or equipment and must be reasonably available to the workplace and available, upon request, to the operator and to anyone else involved in the operation, inspection, testing and maintenance of the equipment.

(3) Special inspections must be made when required because of malfunction or accident.

(4) Inspections required by subsection (1) and special inspections required by subsection (3) must, where feasible, include the participation of members of the occupational safety and health committee as required by subsection 14.1.3.5 (2) (d).

(5) For the purpose of subsection ( 4) :

(a) if there is no committee, the railway must designate a management representative and the union must designate a representative; and

(b) if there is no union, the railway must invite the employees to designate an employee as their representative.

(6) Unsafe or harmful conditions found in the course of an inspection under this section must be remedied without delay.

14.1.6.14

Whenever a person observes what appears to be an unsafe or harmful condition or act, that person must report it as soon as possible to a supervisor or to some other person exercising management functions and the person receiving the report must investigate the reported unsafe condition or act and must ensure that any necessary corrective action is taken without delay.

14.1.6.15

If emergency action is required to correct a condition which constitutes an immediate threat to an employee, only those qualified and properly instructed employees necessary to correct the- unsafe condition may be exposed to the hazard and every possible effort must be made to control the hazard while this is being done.

14.1.6.16

(1) Every employee must be equipped with clothing suitable for protection against the natural elements to which he or she may be exposed and, if required by this standard, with gloves, safety headgear , and safety footwear .

(2) A railway must, if required by this standard, equip each employee, at no cost to the employee, with respiratory , fall-arresting, buoyancy, eye and hearing protective devices, foot guards, and other specialized protective garments and equipment.

(3) Nothing in this section precludes or alters a future or existing agreement or arrangement between an employee or employees and a railway to the effect that the railway will be responsible for the provision, either at no cost to the employee or at some cost to the employee, of any or all of th.e items described in subsection (1).

14.1.6.17

A person must not intentionally remove, impair , or render ineffective any safeguard provided for the protection of employees.

.1.6.18

(1) Machinery and equipment must only be operated by authorized persons.

(2) A railway must not authorize a person to operate machinery or equipment unless that person has been adequately instructed and trained and has demonstrated an ability to safely operate the machinery or equipment

14.1.6.19 If any material, article, or object is manually lifted, carried, or moved, it must be lifted, carried, or moved in a manner and with such precautions and safeguards, including training, protective clothing, and mechanical aids as to ensure that the process does not endanger the safety and health of any employee.

14.1.6.20

Before any machinery or equipment is put into operation, the person responsible for doing so must ensure that:

(a) all safeguards and air contaminant controls required by this Part are in place and functioning; and

(b ) no person will be endangered by putting the machinery or equipment into operation.