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Does a 23 year old apprentice already employed in a business need to be re-oriented/trained on July 26, 2007 because he is still a young worker?
No. This particular worker does not need to be oriented and trained again, assuming that the proper orientation and training was completed when he was hired. The requirements for orientation and training, as outlined in section 3.23 of the OHS Regulation, apply as of July 26, 2007 for any new or young worker who begins work on or after that date.
However, if an existing worker was to be affected by a change in the hazards at their workplace or at a different location of that workplace, the employer would need to follow the new orientation and training requirements.
What type of documentation of orientation and training is a company required to keep in order to comply with the Regulation?
The documentation should show that the orientation and training under the Regulation has been provided to each new and young worker before they begin work. You must also document any additional orientation and training that may be needed based on a request by the worker, or their performance on the job.
You may want to use a checklist such as the one available at (http://www.worksafebc.com/publications/health_and_safety
/by_topic/assets/pdf/YW_Orientation.pdf). You can also customize your own checklist and/or documentation to reflect the specifics of your workplace. The worker should sign an acknowledgement that they have completed the orientation and training, and be given a copy of the relevant documents.
How does an employer know that enough change has occurred in the hazards in the workplace that the returning worker must be re-oriented?
The Regulation defines a hazard as, "a thing or condition that may expose a person to a risk of injury or occupational disease." It is difficult to predict every situation that will be a new of different hazard. Employers are expected to exercise reasonable judgment. And if in doubt, err on the side of providing the required orientation and training.
Often, a change in a process, job task or procedures at a workplace can act as a signal to an employer to consider if a new or different hazard to workers has resulted.
If a workplace has hazards not included in the Regulation are they required to be included in the orientation, or can they be covered at a later date?
In fact, the Workers Compensation Act and the Regulation require that workers be protected from all hazards in a workplace, not just those specifically referenced in the Regulation. Therefore, all hazards that workers may be exposed to in an employer's workplace must be covered in the orientation and training before the new or young worker begins work.
Can workers be shown where the employer's policies are kept and then review them at a later date?
No. The Regulation requires that new or young workers receive orientation and training before the worker begins work.
If not all the hazards or conditions described in the new section of the Regulation are present at the worksite - does our orientation still have to cover these topics?
Some topics listed in section 3.23 of the Regulation may not be applicable in a given workplace. The employer can adjust the orientation and training accordingly.
Does an employer have to do orientation and training individually?
Not necessarily. The employer could deliver to a group of new or young workers the topics that are "generic" or common to all workers in that workplace. Examples of generic topics include: employer and worker rights and responsibilities under the Workers Compensation Act; the employer's occupational health and safety program; and, generic aspects of WHMIS.
Topics not common to all workers at the employer's workplace should be given specifically to each worker, or group of workers, who will be doing the same job at the same site. Topics that usually need to be individualized for each worker include: instruction and demonstration of a work task or process; workplace health and safety rules; name and contact of supervisor; and, personal protection equipment.
More information about ways to deliver the orientation and training are available in the WorkSafeBC OHS Guideline (G3.23 Young or new worker orientation and training).
Does a community centre using teenage volunteers in its programs need to provided training and orientation?
Volunteers (persons not receiving payment for their services) are generally not considered "workers." For these persons, the employer is not obligated to provide the orientation and training set out by the Regulation.
However, legal liabilities or the policies of the organization which is relying on volunteers, may dictate that the volunteers be trained and oriented. Plus, following the orientation and training requirements set out in the Regulation is recommended as a good practice to help ensure the health and safety of volunteers.