FAQs – Legislation and Rights

Research has proved that there is little difference in the degree of distraction between using hands free and handheld devices. This is because the area of the brain used is the same and if it is engaged in a conversation it is not available for driving tasks. In fact recent research shows that even after hanging up the distraction can persist for up to 27 seconds or about 5 blocks at 60 km/hr. The only time it is safe to use an electronic device is when safely parked.

Most occupational health and safety legislation will have a catch all regulation that is referred to as a general duty clause. In the Canada Labour Code part two it is section 124 and under provincial Occupational Health & Safety legislation it is part 2.2. The purpose of this legislation is to provide regulatory oversight even in those areas that it would be impractical to mention specifically. In essence it is an employer’s duty to ensure the workplace is safe and that workers and others affected by the work are aware of hazards and how to deal with them.

An emergency plan in this case deals with the general sorts of emergencies we could face. That includes how to get first aid or even summon an ambulance when there is an accident. Obviously, the best time to prepare for that sort of thing is long before it becomes necessary.

Other emergencies are things that are possible but may never occur. This is where you find earthquakes, floods and fires. That list could also include hazards present in your workplace or even near your workplace. An example would be having a chemical plant as a next-door neighbour. If they had a problem, it could easily become your problem too.

As you can see an emergency plan covers all sorts of things and is really just a way of ensuring that you have a pre-planned response to a bad situation so that it does not get worse or is handled in the best way possible.

No. The Canada Labour Code Part II requires inspection of all parts of an operation under the control of the employer. Where work takes place at another employer’s site the responsibility for inspection passes to them. This does not absolve you of the responsibility to do an adequate hazard assessment of the site before work begins.

This is not stated specifically within the regulation but is a part of the CSA Standard B335-94 (Standard for Mobile Operator Training). It states that it is the responsibility of the operator to check that the truck is immobilized before entering. Because this standard is named in the BC Occupational Health and Safety Regulation it has the force of law and must be followed.

No. The Trucking Safety Council of BC is not responsible for enforcing the Occupational Health and Safety Regulation or National Safety Code. We are a Certifying Partner for the Transportation and Warehousing sector’s Certificate of Recognition (COR). Our main purpose is education, guidance and assessment of companies on their way to a Certificate of Recognition. The services we offer are confidential and remain between the company and SafetyDriven – TSCBC.

• If you operate outside of BC (cross borders) you are federally regulated by:
  • Employment and Social Development Canada (ESDC)
  • Canada Occupational Health and Safety Regulations (COHSR)
  • Canada Labour Code Part II (CLC Part II)
• If you operate only in BC (don’t cross borders) you are provincially regulated by:
  • The Worker Compensation Act and WorkSafeBC Regulation (OHSR)

• First find out which jurisdiction you fall under; provincial or federal (see “What jurisdiction do I follow)
• A SafetyDriven Adviser would recommend conducting an annual review of Occupational Health and Safety Program and develop an action plan to be compliant

• Drivers’ abstracts and licenses
• Lift truck operator certificate
• First aid certificate
• Transportation of dangerous goods certificates
• WHMIS