Legislation & Education Provisions

You have the right to health and safety training

 

Links to information about Health & Safety Legislation and Education Provisions:

If you are looking for a quick overview, please see Health and Safety Legislation Overview.

Legislation and Regulations

Education Provisions

British Columbia employers falling under the Provincial and Federal jurisdictions have legal obligations to provide occupational health and safety training Health & Safety Committee members. For a Joint Health and Safety Committee to function effectively, members must take appropriate education and training. Education and training should cover the information members need to assist in creating a safe and healthy workplace.

Recent Joint Health and Safety Committee-related Occupational Health and Safety Regulation Changes:

On December 14, 2016, WCB's Board of Directors approved the addition of the following new sections to the Occupational Health and Safety Regulation to take effect April 3, 2017:

Section 3.26: Requires an annual evaluation to measure the effectiveness of joint committees.

Section 3.27: Establishes the mandatory minimum training and education for joint committee members and worker health and safety representatives. (*This is in addition to the annual eight-hour education entitlement for OHS Committee members in Section 135 of the Workers Compensation Act)

Section 3.28: Clarifies the meaning of “participation” in section 174 of the Workers Compensation Act by providing three additional examples of participation by worker and employer representatives in a workplace incident investigation.

The BCFED Health & Safety Centre has revised our current suite of OHS Committee education courses to reflect and comply with these important changes.

Education Entitlement (Provincial)

Workers Compensation Act – Division 5 Section 41 Educational Leave

(1) Each member of a joint committee is entitled to an annual educational leave totalling 8 hours, or a longer period if prescribed by regulation, for the purposes of attending occupational health and safety training courses conducted by or with the approval of the Board.

(2) A member of the joint committee may designate another member as being entitled to take all or part of the member's educational leave.

(3) The employer must provide the educational leave under this section without loss of pay or other benefits and must pay for, or reimburse the worker for, the costs of the training course and the reasonable costs of attending the course.

Course Approval: Workers Compensation Act Guidelines – Division 5 Section 41

Educational Leave Worksheet

Education Entitlement (Federal)

Canada Labour Code Part II Section 125. (1) every employer shall, (z.01) ensure that members of policy and workplace committees and health and safety representatives receive the prescribed training in health and safety and are informed of their responsibilities under this Part;

Education Entitlement (Mines)

OHSC Training 1.6.8 - Health, Safety and Reclamation Code for Mines in British Columbia Where 20 or more workers are regularly employed, the manager shall arrange for a qualified person to provide the committee with training sessions on three occasions during the year.

BCFED Health & Safety Centre has programs at the ready to help employers meet these legal obligations.

 

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