In this Division:

"antisapstain" means , in reference to pesticide, any substance which is applied to freshly cut wood to control fungal growth;

"closed system" means a device and procedure for transferring a pesticide from one container to another in a manner that does not expose the operator to the pesticide;

"field" means any area, excluding a body of water, on or in which vegetation is growing, and includes railway right-of-ways, switching and marshalling yards and similar areas;

"fumigant" means a pesticide in the form of a gas or vapour to kill pests and which is typically applied in an enclosed space;

"pest" means an injurious, noxious or troublesome insect, fungus, weed, rodent, parasite or other organism;

"pesticide" means a micro-organism or material that is represented, sold, used or intended to be used to prevent, repel or mitigate a pest and includes:

(a) a plant growth regulator, plant defoliator or plant desiccant, and

(b) a control product, other than a device, under the Pest Control Products Act (Canada):

" restricted entry interval " means the length of time representing a period of precaution that must elapse after the application of a pesticide, before an unprotected employee may be authorized to enter the treated portion of the building, structure or field to which the pesticide has been applied; and

"slightly toxic"," moderately toxic" or "very toxic" means, in reference to a pesticide, one containing active ingredients which have acute mammalian toxicities determined by an authority acceptable to the safety officer, expressed as the Lethal Dose 50% (LDso) or by oral or dermal routes of entry as follows:

and where the lowest LD₅₀ by the oral or dermal route of entry determines the category of the pesticide and if the LD₅₀ is reported as a range, the lowest reported LD₅₀ is used.

Application
14.18.1.1

Sections 14.18.1.2 to 14.18.7.2 apply to any workplace where pesticides are used, stored or handled, except for disinfectants, germicidal products, cleaners, and first aid treatments which are issued Pest Control Numbers.

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Pesticide Labels
14.18.1.2

The railway must ensure that a pesticide for use in the workplace:

(a) has been registered and labelled by the manufacturer in accordance with the Pest Control Products Act (Canada), and

(b ) is used in accordance with the requirements stated on the label and with good application practice.

Material Safety Data Sheets (MSDS)
14.18.1.3

The railway must make readily available to employees an MSDS or its written equivalent for all pesticides used at the work place.

Informing Employees
14.18.1.4

The railway must ensure that employees occupying a building, structure, right-of-way or an area where employees are required to be, where a pesticide is to be applied are informed of:

(a) the intent to use the pesticide;

(b) the hazards associated with its use; and

(c) the precautions required during operations.

Contractors
14.18.1.5

In a workplace, if the railway engages a contractor to apply a pesticide, the contractor must coordinate applications of the pesticide with the railway's activities in the workplace.

Qualifications
14.18.2.1

(1) The railway must ensure that an employee or applicator who mixes, loads or applies a moderately or very toxic pesticide for use in a workplace or who cleans or maintains equipment used in the operations:

(a) is 16 years of age or over, and

(b) holds a valid applicator certificate issued pursuant to the Pesticide Control Act and Regulation.

(2) Subsection (1) (b) does not apply to the use of biocides and slimicides or to antisapstain materials.

(3) Employees involved in training for the purposes of obtaining a valid applicator certificate who are directly supervised by a qualified person are exempt from the requirement of subsection (1) (b) during the training period.

Procedures
14.18.2.2

The railway must develop and implement written safe work procedures for the:

(a) handling, mixing, storage and application of pesticides;

(b) cleanup and disposal of spilled pesticides; and

(c) summoning of first aid and medical assistance for employees overexposed to pesticides.

Health Protection
14.18.2.3 Where, in the opinion of the safety officer, it is necessary to provide health monitoring for employees exposed to pesticides, railways and employees must participate as required by the safety officer; and records must be maintained in a manner acceptable to the safety officer.

Rescue
14.18.2.4

If an employee applies a moderate or very toxic pesticide in an enclosed space and the employee may be incapacitated during the application, the work must be done in such a manner that a rescue can be effected by another employee equipped and able to do so.

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General Requirements
14.18.3.1

The railway must ensure that equipment used to mix, load or apply pesticide is

(a) constructed of materials which are chemically compatible with the pesticide in use if contact with the pesticide is likely to occur;

(b) operated only by trained and authorized persons;

(c) used in accordance with instructions from the equipment manufacturer and pesticide supplier;

(d) maintained in a safe operating condition;

(e) cleaned, repaired and maintained by employees who have been adequately instructed in safe work procedures; and

(f) in a safe condition before maintenance or repair work is carried out, including welding operations.

Fixed Stations
14.18.3.2

A fixed pesticide mixing, loading or application station must have:

(a) openings on tanks secured as necessary to prevent accidental employee entry;

(b) shut-off devices at the discharge end of hoses and pipes leading for the mixing tanks

(c) when required by a safety officer, a closed system for the mixing, loading or transfer of pesticides

Mobile Equipment
14.18.3.3

A tank, with a capacity of 200 litres (44 imp gal) or more, on mobile pesticide application equipment must have:

(a) a device which indicates the fluid level, for equipment sold for first use after January 01 1999;

(b) the openings secured to prevent spillage while equipment is in use; and

(c) shut-off devices at the discharge end of hoses and pipes leading from mixing tanks.

Precautions
14.18.4.1

(1) The railway must ensure that a pesticide is applied in a manner that controls the risk of adverse health effects or injury to any person.

(2) Before a pesticide is applied, the railway must ensure that all employees in the area that is to be treated and who are not required for the application of pesticides are moved to a safe location.

(3) If practicable, the railway must schedule a pesticide application in a building for a time when the building is unoccupied.

Posting Warning Signs
14.18.4.2

Before a moderately or very toxic pesticide or a fumigant is applied the railway must ensure that:

(a) warning signs acceptable to the safety officer are conspicuously posted at normal points of employee entry to the area to be treated, and

(b) if a pesticide is applied in an enclosed space all entrances to the space are secured to prevent unauthorized persons from entering.

Design of Warning Signs
14.18.4.3

Warning signs must be of a design, construction and durability to be clearly identifiable for the prescribed posting period, and must provide information in a manner that can be readily understood by the employees.

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Warning Signs for Non-Fumigants
14.18.4.4

Warning signs for the application of moderately and very toxic pesticides, other than fumigants in enclosed spaces, must display:

(a) a skull and crossbones symbol;

(b) the word "WARNING" in a language that can be readily understood by the employees and in letters large enough to be read at a distance of 8 m (25 ft);

(c) the name of the pesticide and date of application;

(d) the expiry date of the restricted entry interval as determined in section
14.18.4.6; and

(e) instructions to obtain permission to enter before the expiry date of the restricted entry interval.

Warning Signs for Fumigants
14.18.4.5

The warning sign for the application of a fumigant in an enclosed space must display:

(a) a skull and crossbones symbol;

(b) the words "DANGER, DEADLY FUMIGANT GAS, KEEP OUT" in a language that can be readily understood by the employees and in letters large enough to be read at a distance of 8 m (25 ft);

(c) the name of the fumigant;

(d) the name of the applicator; and

(e) emergency telephone numbers for both day and night.

Restricted Entry Intervals
14.18.4.6

(1) Except when entry ids permitted by section 14.18.4.7 or 14.18.4.8, the railway must ensure that a person does not enter a workplace or portion a workplace where a pesticide has been applied until the restricted entry interval has elapsed.

(2) The length of the restricted entry interval required by subsection (1 is a minimum of:

(a) 24 hours for a pesticide which is classified as slightly toxic;

(b) 48 hours for a pesticide which is classified as moderately or very toxic, and for any mixture in which a moderately or very toxic pesticides present; or

(c) the interval specified on a pesticide label if that interval is longer than the interval determined in paragraphs (a) or (b).

Authorization to Enter
14.18.4.7

(1) If, before the expiry of the restricted entry interval, the railway authorizes an employee to enter an area, building or structure in which a pesticide has been applied the railway must ensure that:

(a) the hazards to employees have been assessed by a qualified person;

(b) the employee is provided with and wears the proper personal protective clothing and equipment required by Division 10 of this Part; and

(c) the employee follows proper work procedures.

(2) If the railway authorizes an employee to enter a building or structure which a pesticide has been applied, the railway must ensure that:

(a) where practicable, the treated area of the building is ventilated and the atmosphere has been tested or otherwise evaluated by a qualified person and declared safe to enter, and

(b) if an employee may be incapacitated after re-entry , provision has been made for rescue in a manner that meets the requirements of section 14.18.2.4

Exemptions
14.18.4.8

(1) In a structural pesticide application, the railway is exempt from sections 14.18.4.2 to 14.18.4.7 when small quantities of slightly toxic pesticides are applied in a manner that minimizes the release of aerosols and residues on surfaces, or moderately toxic pesticides are safely applied in restricted exposure applications such as crack and crevice treatments provided that:

(a) areas treated with these pesticides are clearly identified to employees;

(b) the treated indoor space has been adequately ventilated;

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(c) safe work process are used, including applicable restricted entry intervals stated on pesticide labels or provided by an authority acceptable to the safety officer;

(d) a hazardous accidental release does not occur during application; and

(e) a qualified person inspects the area following application to determine that paragraphs (a) to (d) have been complied with and notifies the railway of the applicable entry intervals and any additional precautions, and the railway implements the instructions of the qualified person.

(2) For a system used to handle and apply biocides and slimicides, the railway is exempt from the requirements of sections 14.18.4.2 to 14.18.4.7 with respect to warning signs and restricted entry intervals provided that:

(a) the system minimizes the release of aerosols and residues on surfaces;

(b) areas where these pesticides are handled or used are identified to employees; and (c) entry into these work areas is restricted to authorized employees.

Cleanup of Residues
14.18.4.9

The railway must ensure that surfaces used for food preparation and eating, and work surfaces likely to come in contact with employee's unprotected skin are cleaned and free of pesticide residues.

Pesticide Drift
14.18.4.10

(1) A railway must ensure that all reasonable precautions are taken to prevent the drift or spread of a pesticide from a workplace under the railway's control

(2) If a pesticide under the control of the railway has drifted or spread to a workplace occupied or used by another employer, the railway must notify the other employer of the identity of the pesticide, the nature of its harmful effects and the precautions required for the safety of employees

Records
14.18.4.11

The railway must maintain a record of pesticide applications which includes, for each application:

(a) the pesticide and the location of its application;

(b) the date and time the application was completed; ,

(c) the date on which the employees were allowed to re-enter; and

(d) if applicable, the type of vegetation treated, rate of application and the size of the area treated lor if a right-of-way, the length treated.

Wash and Shower Facilities
14.18.5.1

(1) The railway must supply and maintain adequate wash facilities and, if there is a risk of body contamination, shower facilities as required by subsection 14.15.8.1 (1) of Division 15, to all employees when:

(a) mixing, loading or applying pesticides, or handling concentrates or wet treated lumber;

(b) cleaning, maintaining or handling equipment, materials or surfaces contaminated with pesticides residues; or

(c) entering vegetation where pesticides have been applied and where contact with pesticide residues may contaminate protective clothing and body areas.

(2) The wash and shower facilities required by subsection (1) must be in close proximity to the places where pesticides are used or handled, but must be separate from food preparation, lunchrooms and eating areas.

Employee Cleanup
14.18.5.2

An employee must immediately clean any body area contaminated with pesticide.

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Personal Protective Equipment and Clothing
14.18.5.3

If an employee mixes, loads or applies pesticides or if an employee cleans, maintains or handles equipment, materials or surfaces contaminated with pesticide residues, the railway must ensure that;

(a) the employee is provided with and wears suitable protective clothing and equipment;

(b) contaminated protective clothing and equipment is stored in a secure place and not used until it is laundered or otherwise cleaned;

(c) if required, adequate facilities or services to launder contaminated clothing are available;

(d) at least one change of outer protective clothing for each employee is available at the work site; and

(e) a change room or sheltered place is provided where employees can change clothes and store personal clothing while wearing protective clothing.

Exemption
14.18.6.1

Sections 14.18.2.4 to 14.18.4.8 do not apply where an avicide, predicide, rodenticide or insecticidal bait is used or applied in solid or liquid form, unless the pesticide label specifies otherwise .

Preventative Measures
14.18.6.2

For a pesticide exempted in section 14.18.6.1 the railway must ensure that:

(a) adequate measures are taken for the protection of the applicator including the use of safe work procedures, the provision and use of personal protective equipment and the provision of adequate hand washing facilities;

(b) the pesticide is applied, where practicable, in areas not readily accessible to unauthorized persons, and away from normal work activity; and

(c) an employee who is required to enter the area or location where the pesticide has been

applied is notified of the location of the pesticide application, the physical description of the pesticide and the device, if any, in which it is placed, and the precautions that must be

observed. .

Location
14.18.7.1

The railway must ensure that pesticides are not stored in areas where food preparation occurs, in lunchrooms, or in food storage areas.

Storage Facilities
14.18.7.2

(1) The railway must supply a pesticide storage facility that meets the design criteria stated in the manual "Standard Practices for Pesticide Applicators", Published by the Worker's Compensation Board of BC, for the storage of bulk or reserve quantities of pesticides.

(2) Factors that must be considered in the facility design include:

(a) maintenance of minimal quantities;

(b) compatibility of pesticides;

(c) strength of shelving materials; and

(d) containment of spills.

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