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Guidelines Part 17
Guidelines Part 17 Contents
GENERAL REQUIREMENTS
G17.1 Application
G17.2 Employer's responsibility
G17.3 Seat belts
G17.4 Riding restrictions
G17.6 Hazardous materials
G17.7 Carrying animals
G17.8 Passenger compartments
G17.9 Boarding and leaving
CREW CARS, BUSES AND CRUMMIES
G17.10 Vehicle Design
G17.11 Operation and maintenance
Guidelines Part 17 - General requirements
G17.1 Application
Issued September 1999
Section 17.1 of the OHS Regulation states:
This Part applies to all persons, including the operator, engaged in transporting workers by any type of conveyance operated on behalf of the employer.
A private vehicle is "operated on behalf of the employer" under this section if it is used for the employer's business during a shift on a public or a private road.
G17.2 Employer's responsibility
Issued September 1999
Section 17.2 of the OHS Regulation states:
If workers are required to travel on a private road or a resource access road the employer must ensure that reasonable measures are taken to evaluate road, weather and traffic conditions to ensure the safe transit of the workers.
"Reasonable measures" would include but not be limited to:
- road patrol prior to crew transit during or following
- heavy rain storms (to look for washed out roads, bridges, culverts and slides),
- extreme winds (to look for falling, downed or hung up hazards)
- hazardous winter conditions such as extreme snow, avalanche danger, heavier than normal rain or suspected icing conditions
- inspection of ice bridges, and
- contact with other road users to determine their findings on the condition of the road.
G17.3 Seat belts
Issued June 6, 2007
Regulatory excerpt
Section 17.3 of the OHS Regulation ("Regulation") provides:
17.3 Seat belts
(1) When feasible, a vehicle used to transport workers must have seats with full seat backs and seat belts must be of the 3 point variety.
(2) Repealed. [B.C. Reg. 312/2003, effective October 29, 2003.]
(3) Seated workers must wear seat belts while being transported in a vehicle equipped with seat belts.
Section 17.10(1)(a) of the Regulation provides:
17.10 Vehicle design
(1) Vehicles operated by or on behalf of the employer primarily to transport workers must
(a) be of a design and construction acceptable to the Board,
Purpose of guideline
The purpose of this guideline is to set out the requirements for the use of seat belts in worker transportation vehicles.
Background
Where employers are transporting workers to and from the workplace, they must ensure the safety of those workers while they are in transit. Primarily, vehicles used to transport workers must be maintained and used in a manner that ensures worker safety.
Seat belts - Types required
Every vehicle used on a public highway in British Columbia must comply with the laws, regulations, and standards administered by both the BC Ministry of Transportation (MOT) and Transport Canada (TC). Vehicles that do not comply with the design and construction standards of these agencies will contravene s. 17.10(1)(a) of the Regulation, as these standards will be standards acceptable to WorkSafeBC.
As a result, to comply with the Regulation, vehicles used to transport workers must have seats and seat belts that comply with the technical standards imposed by TC and adopted by the MOT.
Standard 208 under the Canada Motor Vehicle Act Regulations requires that every passenger car and every truck, bus, or multi-purpose passenger vehicle with a GVWR of 4 536 kg or less, other than a school bus or motor home, be equipped with a 3 point seat belt at every rear outboard seating position. This includes 15 passenger vans, which have a GVWR of less than 4536 kg.
A non-outboard, or interior seat on a bench, may be fitted with a lap belt or a 3 point belt. Note that this requirement does not apply to school buses.
Under the BC Motor Vehicle Act, a person must not drive or operate a motor vehicle on a highway in which a seat belt assembly required under this section or The Motor Vehicle Safety Act (Canada) at the time the motor vehicle was manufactured, assembled, or imported into Canada has been removed, rendered partly or wholly inoperative, or modified to reduce its effectiveness.
Section 17.3 of the Regulation provides that "when feasible, a vehicle used to transport workers must have seats with full seat backs and seat belts must be of the 3 point variety." What is "feasible" for the purposes of s. 17.3 must be considered in the context of the design and construction standards of vehicles administered by TC and MOT. That is, where a 3 point seat belt is not required by those agencies, WorkSafeBC would not consider it "feasible" to install 3 point belts that exceed those standards, given that the modification of vehicles is strictly controlled.
Seat belt use
Section 17.3 of the Regulation provides that "...seated workers must wear seat belts while being transported in a vehicle equipped with seat belts." Employers must ensure workers are using the seat belts that the vehicle is required to have installed.
G17.4 Riding restrictions
Issued September 1999
Section 17.4(a) of the OHS Regulation states:
A worker must not ride in a vehicle...in a standing position, unless protected from being thrown off balance.
Generally, standing will be allowed in large capacity crew transportation vehicles not required by motor vehicle legislation to have seat belts. This applies, for example, to a city or transit type of bus, manufactured and equipped for this type of use. Even in such vehicles, standing should only be permitted in a controlled environment where speed, travel distance and transit time are low, for example at a pulp mill construction site or on urban streets. Standing should not be permitted where highway speeds, long distance or lengthy travel time are factors, for example, transport to a distant logging site on an industrial road.
Section 17.4(b) states:
A worker must not ride in a vehicle...with any part of the body outside the vehicle unless essential to the work process, and then only if the worker is adequately restrained.
This means the operator or any other worker riding in the vehicle may not put his or her head (or other body part) out through a window or any other opening while the vehicle is moving, unless it is essential to do so for a specific work process. This requirement is not intended to prevent a worker riding in a passenger vehicle with an open cab, such as a convertible-style automobile.
G17.6 Hazardous materials
Issued September 1999, Editorial Amendment August 2004
Section 17.6 (b) of the OHS Regulation addresses the carrying of "volatile, flammable, or otherwise hazardous materials" in a vehicle transporting workers. Section 17.6(b) should not be used with respect to transporting explosives, as this practice is governed by section 21.22 of the OHS Regulation.
G17.7 Carrying animals
Issued September 1999
Section 17.7 of the OHS Regulation states:
An animal must not be carried in the operator's cab or passenger compartment of a vehicle transporting workers unless appropriate facilities are provided for this purpose.
Examples of "appropriate facilities" are a secured cage, a seat belt designed for animal restraint, or a barrier screen.
G17.8 Passenger compartments
Issued September 1999
Section 17.8(a) of the OHS Regulation states:
Any enclosed portion or compartment of a vehicle in which workers are transported must have...effective ventilation, independent of doors, providing clean air.
This requirement is satisfied through provision of standard automotive ventilators and windows that can be opened. Air conditioning would not normally be required.
Section 17.8(b) of the OHS Regulation states:
Any enclosed portion or compartment of a vehicle in which workers are transported must have...adequate lighting and means for heating and cooling.
Adequate lighting means the ability to illuminate to at least 22 lux (2 footcandles). Also see section 4.65(1)(a) of the OHS Regulation. A standard automotive heater will normally meet the requirements for heating. For adequate cooling, an opening window will normally be sufficient, and air conditioning would not normally be required.
Section 17.8(c) of the OHS Regulation states:
Any enclosed portion or compartment of a vehicle in which workers are transported must have...an effective means of communication between the operator and passengers.
Some examples of an "effective means of communication" are an opening window between the operator and passenger compartment, an electronic voice communication system or an electric buzzer, bell or similar device which may be used to pass prearranged signal codes between the passengers and the vehicle operator.
Section 17.8(d) of the OHS Regulation states:
Any enclosed portion or compartment of a vehicle in which workers are transported must have...more than one means of exit.
An emergency exit is considered an additional means of exit for the purpose of this section. The requirements of section 16.17 of the OHS Regulation must also be met.
G17.9 Boarding and leaving - Docking facilities
Issued September 1999
Section 17.9(2) of the OHS Regulation states:
Adequate docking facilities must be provided if necessary to ensure safe worker access and egress to marine craft and float-equipped aircraft.
An adequate docking facility should have:
- a walkways meeting the requirements of section 17.9(3),
- a firm foundation or enough buoyancy to support the intended loads, and
- lifesaving equipment as required by section 24.3 of the OHS Regulation.
A boat may be used to load and unload passengers on a short-term basis.
Guidelines Part 17 - Crew cars, buses and crummies
G17.10 Vehicle Design
Issued June 6, 2007
Regulatory excerpt
Section 17.10 of the OHS Regulation ("Regulation") provides:
17.10 Vehicle design
(1) Vehicles operated by or on behalf of the employer primarily to transport workers must
(a) be of a design and construction acceptable to the Board,
....(d) have rear or side doors with latches operable from inside and outside, with side doors on the right side of the vehicle,
(e) be fitted with at least one emergency exit, on the left side or rear of the vehicle, operable from both inside and outside, and unlocked while the vehicle is in use,
17.14 Aisles
If a worker transportation vehicle will carry 12 or more passengers, it must have an aisle at least 25 cm (10 in) wide providing access from each seat to a regular entry/exit door, and also to an alternate or emergency exit.
Purpose of guideline
The purpose of this guideline is to describe adequate emergency exits for worker transport vehicles.
Background
Every vehicle used on a public highway in British Columbia must comply with the laws, regulations, and standards administered by both the BC Ministry of Transportation (MOT) and Transport Canada (TC). In order that a vehicle be considered appropriate for worker transport use, it must also comply with the additional requirements of the Regulation.
One crucial element that is required in the Regulation for a vehicle to be used as a worker transport vehicle is passenger access to an emergency exit.
Access to an emergency exit
Section 17.10(e) provides that a worker transportation vehicle must be fitted with at least one emergency exit on the left or rear of the vehicle. Typically, a rear or side door will serve as an emergency exit, provided that the door is operable from inside the vehicle while in use.
Where the worker transportation vehicle will carry 12 or more passengers, section 17.14 provides that there must be a 25 cm (10 in) wide aisle providing access to the emergency exit. That width is determined by measuring the width from the furthest edge of each seat across an aisle, or from the furthest edge of a seat to the interior wall of the vehicle. The 25 cm (10 in) aisle may include an obstruction, such as a wheel well, provided that a worker on foot can easily and quickly get past the obstruction.
Dimensions of the emergency exit
Sections 17.10 and 17.14 do not set out dimensions of the emergency exit. Clearly, the exit must be of a sufficient size to permit workers to exit the vehicle in a timely way.
In many vehicles, a rear or side door used as an emergency exit may be partially obstructed by seats or seat backs. In such a situation, the rear or side door may serve as an emergency exit, provided the unobstructed portion of the exit permits workers to exit in a timely way.
Where a rear door will function as the emergency exit and the exit is partially obstructed by a seat or seat back, the overall area of the exit should be at least approximately 500 in2, provided the height is a minimum of 14 in. The exit may consist of either a single or double door, provided that, in accordance with section 17.10(d), both doors are operable from the interior of the vehicle.
Where door latches are rendered inoperable because of the presence of a seat back which prevents access to the latch, the exit will not meet the requirements for an emergency exit. The employer must ensure that passenger safety locks have been disabled to ensure workers are able to open the emergency exit from the interior.
G17.11 Operation and maintenance -- Inspection before use on a shift
Issued September 1999
Section 17.11(5) of the OHS Regulation states:
A worker transportation vehicle must be inspected before first use on a work shift, and properly maintained to ensure it is safe for use.
An inspection before first use on a shift should include at least a visual inspection and/or a function check of
- wheels, rims, lug nuts and tires, including the spare tire,
- service brakes, including trailer brake connections and brake adjustment,
- parking brake,
- steering mechanism,
- lighting devices and reflectors, including back up lights,
- windshield wipers,
- securing of material and tools, including any coupling devices,
- emergency equipment, including first aid equipment,
- glazing,
- rear vision mirrors,
- horn,
- lights, including back up lights,
- turn signals, and
- engine oil and coolant levels and fan belts.
Note many of the above inspection items are mandatory daily inspection or check requirements for a commercial motor vehicle being operated under the jurisdiction of the Motor Vehicle Act Regulations (section 37.22 is the applicable part of those regulations).
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Disclaimer: The Worker and Employer Services Division issues Guidelines to help with the application and interpretation of sections of the Occupational Health and Safety Regulation and with divisions of the Workers Compensation Act that relate to health and safety. Guidelines are not intended to provide exclusive interpretations but to assist with compliance. WorkSafeBC ("Workers' Compensation Board of B.C.") does not warrant the accuracy or the completeness of the online version of the Guidelines and neither WorkSafeBC nor its board of directors, employees or agents shall be liable to any persons for any loss or damage of any nature, whether arising out of negligence or otherwise, which may be occasioned as a result of the use of the online version of the Guidelines.