The following electronic version is for informational purposes only.
The printed version remains the official version.
MR. CHUCK PUCHMAYR
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Workers Compensation Act
1 The Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended by deleting the following text:
108 (2) (a) mines to which the Mines Act applies,
Occupational Health and Safety Regulation (296/97)
2 The Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended by adding the following text highlighted by underline, and deleting the following text highlighted by strikethrough:
22.2 (1) This Part applies to any underground working, including a mine within the meaning of the Mines Act, which is not a mine within the meaning of the Mines Act, or the Health, Safety and Reclamation Code for Mines in British Columbia, and which a worker will be required or permitted to enter.
Mines Act
3 The Mines Act, R.S.B.C. 1996, c. 293, is amended by adding the following text:
1 "Board" means the Workers' Compensation Board [WorkSafeBC];
"health and safety inspector" means an officer of the Board with authority to conduct inspections or investigations pursuant to the Workers Compensation Act; .
4 The Mines Act, R.S.B.C. 1996, c. 293, is amended by adding the following text highlighted by underline, and deleting the following text highlighted by strikethrough:
7 An inspector may, and on the direction of the chief inspector must, make an investigation of and report about an accident that has caused serious personal injury, loss of life or property or environmental damage.
7 (1) A health and safety inspector shall investigate an accident that has caused loss of life.
(2) A health and safety inspector may, and on the direction of the chief inspector or the board, shall investigate
(a) an accident that has caused property damage or an injury to any person;
(b) a dangerous occurrence; or
(c) any report or communication from a member of the public or a worker regarding a mine operation's non-compliance with provisions in this Act, the regulations or the code respecting occupational health and safety or applicable provisions of the Workers Compensation Act or regulations.
(3) A health and safety inspector shall, after conducting an investigation under subsection (1) or (2), provide a written report to the Board.
(4) An inspector may, and on the direction of the chief inspector or the Board, shall investigate
(a) an accident that has caused property or environmental damage;
(b) damage to a watercourse or cultural heritage site or artifact affected by a mine operation; or
(c) any report or communication from a member of the public or a worker regarding a mine operation's non-compliance with provisions in the Act, the regulations or the code respecting environmental management, cultural heritage protection and reclamation.
(5) An inspector shall, after conducting an investigation under subsection (4), provide a written report to the chief inspector.
5 The Mines Act, R.S.B.C. 1996, c. 293, is amended by adding the following section:
7.1 (1) A health and safety inspector may enter a mine at any time for the purposes of an investigation or inspection.
(2) A health and safety inspector may bring any other person to the mine to assist the inspector in an investigation or inspection.
(3) A health and safety inspector may, for the purposes of an investigation or inspection,
(a) inspect and test any electrical or mechanical equipment or any other thing at a mine;
(b) remove, or order that a person remove, any obstruction that may prevent a thorough inspection;
(c) order that a person produce any plan, specification, maintenance log, electronic data or other document relating to the operation of a mine; and
(d) examine and remove, for the purpose of making copies, any plan, specification, maintenance log, electronic data or other document.
6 The Mines Act, R.S.B.C 1996, c. 293, is amended by adding the following section:
7.2 (1) Where, in the performance of an investigation or inspection, an inspector or a health and safety inspector has reasonable grounds to believe that a provision of this Act, the regulations to this Act, the Workers Compensation Act or the Occupational Health and Safety Regulation has been contravened, the inspector or health and safety inspector may seize anything that the inspector or health and safety inspector reasonably believes will afford evidence with respect to the contravention.
(2) The inspector or health and safety inspector may remove from the mine a thing that has been seized, or may detain the thing at the place where it has been seized or elsewhere at the mine, after affixing to it a label or tag that
(a) states that the thing is under seizure; and
(b) states that the use or handling of the thing is prohibited or specifies restrictions applicable to the use or handling of the thing.
(3) The inspector or health and safety inspector shall inform the manager or the person from whom the thing is seized of the reasons for the seizure, and shall provide a receipt for the thing seized if it is removed from the mine.
(4) A health and safety inspector shall, after conducting an investigation under subsection (1) or (2), provide a written report to the Board.
7 The Mines Act, R.S.B.C. 1996, c. 293, is amended by adding the following section:
10 (1.1) As part of the application for a permit, there must be filed with the Board a plan outlining the management approach of the proposed operation that considers the health, safety and well-being of the operation's workers.
(1.2) A plan filed under subsection (1.1) must include any information or particulars established by the Workers Compensation Act, the Occupational Health and Safety Regulation, or the code.
(2.1) The chief inspector must have the agreement of the Board before issuing an exemption under subsection (2).
(3.1) The Board may attach conditions respecting management or occupational health and safety to any permit issued under subsection (3).
8 The Mines Act, R.S.B.C. 1996, c. 293, is amended by adding the following text highlighted by underline and deleting the following text highlighted by strikethrough:
15 (1) At any time an inspector or health and safety inspector may inspect
(a) a mine, or
(b) a site considered by the inspector or health and safety inspector to be a mining activity site that is operating without a permit.
(2) A health and safety inspector shall, before commencing an inspection at a mine where a committee has been established, If an inspector is making a health and safety inspection, on arrival at the mine the inspector must request the manager to arrange for the worker co-chair or designate and the management co-chair or designate each to appoint a representative to accompany the inspector on the inspection.
(3) Where there is no worker member of the committee available to accompany the health and safety inspector, the health and safety inspector shall, on completion of the inspection, meet with or otherwise communicate with the worker co-chair to discuss the findings of the health and safety inspector and the occupational health and safety concerns of the health and safety inspector and the worker co-chair. Despite subsection (2), an inspector may perform the inspection without either or both management and worker representatives, if on completion of the inspection the inspector meets with or otherwise communicates with each co-chair or each designate of a co-chair to discuss the inspector's findings and their occupational, health and safety concerns, if any.
(3.1) Where there is no Committee established for the mine or there is no worker member of the Committee present at the mine at the time of inspection, the inspector shall consult with a reasonable number of workers concerning matters of occupational health and safety.
(4) An inspector or health and safety inspector must complete an inspection report...
(5) If an inspector or health and safety inspector is of the opinion that a delay in remedying a hazard would be dangerous to persons or property, the inspector or health and safety inspector must issue an order...
(6) (b) promptly provide a copy to the inspector or health and safety inspector, and, in the case of health and safety matters, the occupational health and safety committee and the local union.
(7) The owner, agent, manager, permittee, and all persons in, on or about a mine must provide an inspector or health and safety inspector with all assistance necessary for the completion of an inspection or investigation.
9 The Mines Act, R.S.B.C. 1996, c. 293, is amended by adding the following text highlighted by underline and deleting the following text highlighted by strikethrough:
18 (1) A health and safety inspector may order the owner, agent or manager to provide at the owner's expense an independent study prepared by an engineer or other licensed professional acceptable to the health and safety inspector
(a) respecting health and safety at the mine or safety of its equipment, buildings, workings or structures, or
(b) in connection with an accident or a dangerous occurrence that the health and safety inspector is investigating.
(2) An inspector may order the owner, agent or manager to provide at the owner's expense an independent study prepared by an engineer or other licensed professional acceptable to the inspector
(a) respecting reclamation at the mine site,
(b) in connection with a watercourse, cultural heritage site or artifact the integrity of which may be affected by operations at the mine site, or
(c) in connection with an accident that has caused environmental damage.
10 The Mines Act, R.S.B.C. 1996, c. 293, is amended by adding the following section:
20.1 (1) The owner of a mine shall take every reasonable measure and precaution to protect the health and safety of employees and other persons at the mine.
(2) The owner of a mine shall
(a) implement and maintain work practices that are safe and that do not present undue risk to health; and
(b) provide and maintain healthy and safe worksites.
(3) The owner of a mine shall ensure that
(a) provision is made for such supervision, instruction and training as is necessary to protect the occupational health and safety of the employees;
(b) the mine is constructed, developed, reconstructed, altered or added to in accordance with this Act and the regulations;
(c) machinery, equipment, material and protective devices that are required, by the regulations, to be used at the mine or available for the use of employees at the mine, are available for such use;
(d) personal protective equipment required by the regulations to be provided to employees is so provided; and
(e) the mine is operated in accordance with this Act and the regulations.
(4) The owner of a mine has all the duties and responsibilities of an employer under the Workers Compensation Act and regulations.
11 The Mines Act, R.S.B.C 1996, c. 293, is amended by adding the following section:
20.2 (1) Every director and officer of a corporation that is the owner of a mine shall ensure, to the extent practicable, that the corporation complies with
(a) this Act and the regulations; and
(b) orders of inspectors and the orders and directives of the chief inspector.
(2) Where the owner of a mine is a corporation, the owner shall designate a senior officer of the corporation to serve as a liaison between the corporation and
(a) the manager; and
(b) the Board.
(3) The senior officer designated under subsection (2) shall
(a) review orders and directives sent by a manager under paragraph 22 (5) (j) and consult with the manager to ensure that the mine complies with such orders and directives; and
(b) provide to the Board, on behalf of the owner, the information required to be provided to the Board under this Act, the regulations and the code.
12 The Mines Act, R.S.B.C. 1996, c. 293, is amended by adding the following text highlighted by underline and deleting the following text highlighted by strikethrough:
21 (b) immediately after each appointment, notify the inspector chief inspector and the Board in writing, of the name of the manager, and .
13 The Mines Act, R.S.B.C. 1996, c. 293, is amended by adding the following text highlighted by underline:
22 (1) Each manager and designate must possess qualifications established by the regulations or the code.
(2) The manager or designate must attend daily at an operating mine.
(3) The manager shall take every reasonable measure and precaution to protect the health and safety of employees and other persons at a mine.
14 The Mines Act, R.S.B.C. 1996, c. 293, is amended by adding the following text highlighted by underline and deleting the following text highlighted by strikethrough:
24 (1) The owner, agent or manager must take all reasonable measures every reasonable measure and precaution to ensure compliance with this Act, orders issued under it, the regulations and the code.
15 The Mines Act, R.S.B.C. 1996, c. 293, is amended by adding the following text highlighted by underline:
29 If an inspector or health and safety inspector makes an order...
16 The Mines Act, R.S.B.C. 1996, c. 293, is amended by adding the following text highlighted by underline:
30 (1) Each manager must post in a conspicuous place at the mine all inspection reports and orders issued by an inspector or health and safety inspector and must maintain them there for 30 days.
(2) Each manager must ensure that all documents required to be posted are maintained in a legible condition.
17 The Mines Act, R.S.B.C. 1996, c. 293, is amended by adding the following text highlighted by underline:
31 (1) The Board may issue directives respecting occupational health and safety matters that are applicable to more than one mine.
(2) A directive has the same force and effect as an order.
(3) The manager shall post at a conspicuous place at the mine all directives that are applicable to the mine.
18 The Mines Act, R.S.B.C. 1996, c. 293, is amended by adding the following text highlighted by underline:
32 (3) A committee shall
(a) conduct inspections of work sites at the mine in accordance with the regulations;
(b) identify conditions or practices that may be hazardous to employees or other persons; and
(c) make recommendations to the manager and the employees in respect of occupational health and safety.
19 The Mines Act, R.S.B.C. 1996, c. 293, is amended by adding the following text highlighted by underline:
34 (1) The minister must establish a health, safety and reclamation code committee consisting of the members the minister appoints.
(2) The chief inspector is a member and the chair.
(3) The committee must prepare a code dealing with all aspects of health, safety and reclamation in the operation of a mine and may amend the code from time to time as required.
(3.1) The code must meet or exceed the Board's standards on all aspects of occupational health and safety.
(3.2) The code shall provide for a minimum number of site visits by health and safety inspectors per mine per year.
(4) A provision of the code may specify that the approval or consent of an inspector, health and safety inspector, or some other person is required before a specified action may be taken.
(10) If there is a conflict between a provision of the code and an applicable provision of the Workers Compensation Act or regulations, the provisions of the Workers Compensation Act or regulations applies, and the committee will immediately work to revise the conflicting provision of the code so as to eliminate the conflict.
20 The Mines Act, R.S.B.C. 1996, c. 293, is amended by adding the following text highlighted by underline:
35 (1) If an inspector or health and safety inspector finds that a mine is not being operated in accordance with an order under section 15 or a provision of the Act, the regulations, the code or a permit, the inspector or health and safety inspector may order the owner, agent, manager, permittee or person apparently in charge in, on or about a mine to comply with the order or provision.
(2) If a person fails or refuses to comply with an order of an inspector or health and safety inspector under subsection (1) of this section or under section 15, the inspector or health and safety inspector may apply to the Supreme Court for an order directing the person to comply.
21 The Mines Act, R.S.B.C. 1996, c. 293, is amended by adding the following text highlighted by underline and deleting the following text highlighted by strikethrough:
37 (1) A person who obstructs, impedes or otherwise interferes with an inspector or health and safety inspector in the exercise of a power or the performance of a duty under this Act or the regulations carrying out the inspector's duties under this Act commits an offence.
(2) A person who contravenes or fails to comply with a provision...
(3.1) The time limit for laying an information for an offence
(b) under this Act, other than section 10, is 6 months after the facts on which the information is based first came to the chief inspector's or the Board's attention.
(3.2) A document purporting to have been issued by the chief inspector or the Board, certifying the date on which the chief inspector or the Board became aware of...
(4) If an inspector or health and safety inspector serves a written notice...
22 The Mines Act, R.S.B.C. 1996, c. 293, is amended by adding the following text highlighted by underline:
38 Every fee that is payable or fine that is imposed under this Act that pertains to occupational health and safety shall be paid to the Board and form part of the Accident Fund established under the Workers Compensation Act.
23 The Mines Act, R.S.B.C. 1996, c. 293, is amended by moving section 38 to section 39.
Mines Regulation 126/94
24 The Mines Regulation, B.C. Reg. 126/94, is amended by adding the following text highlighted by underline:
1 A health and safety inspector may, during the exploration development operation, closure or abandonment of a mine, investigate any matter relating directly or indirectly to the health and safety of any person or the public, including an investigation with respect to
(a) death or injury,
(b) accidents,
(c) dangerous or unusual occurrences, or
(d) complaints or allegations relating to health or safety,
and, for the purposes of an investigation, management must provide the health and safety inspector with access to all the mine, including the underground and surface portions, and all mine roads.