In B.C., WorkSafeBC is responsible for enforcement of occupational health and safety regulations. The requirements are found in the Workers Compensation Act and the Occupational Health and Safety Regulation. Since January of 2005, all agricultural workplaces in B.C. fall under this legislation.
The Act defines the legal responsibilities of employers, supervisors and workers, as well as WorkSafeBC’s mandate and the function of its board.
The Regulation has three broads sections. The core requirements, such as first aid requirements, apply to all B.C. workplaces. The general hazard requirements are specific to mobile equipment and hazardous materials. Section 28 is specific to agriculture. At times, other industry specific requirements may apply. A construction project would be an example of this.
WorkSafeBC insurance coverage is a no-fault insurance system that protects both the employer and the worker. All workplaces in B.C. that hire workers must register with WorkSafeBC. Assessments can have a lower premium (up to 50% reduction) or a higher premium (100% higher) based on an individual company’s claims history.
There is optional workplace disability insurance for individuals who are not covered under the Workers Compensation Act. This includes people who are self-employed as well as partners, proprietors and proprietor spouses in a non-limited company.
The duration of claims on farms is significantly longer than for other B.C. industries. Falls are the most common incident type in vineyards in recent years, giving rise to various injuries. Cuts, lacerations and repetitive motion injuries are other common injury types in vineyards.
An employer with a strong commitment to health and safety goes a long way to help prevent workplace injury.
All workplaces must have a health and safety program, but the type of program you require will depend on the number of regularly employed workers in your workforce.
“Regularly employed” means those who work at least one continuous month in a year, whether full-time or part-time. In this calculation, WorkSafeBC considers the general size of the farm's workforce, even if individual workers are seasonal.
Vineyards have a low risk hazard rating. Therefore, workplaces with more than 49 workers are considered a large employer and must have a formal written program while vineyards with fewer than 50 workers must have a more informal program, based on documentation of regular meetings with workers.
Whether formal or informal, the elements of the program remain the same:
Workers need to receive instruction on how to summon a first aid attendant and the importance of reporting all workplace injuries. Employers are required to post emergency information in prominent locations on the farm.
As well as reporting incidents to WorkSafeBC, employers are required to complete an incident investigation report to determine root causes of work-related injuries and significant close calls in the workplace. Investigations identify hazards that need to be corrected in order to prevent similar future occurrences.
| # workers / shift* | Supplies / equipment / facility | First aid certification |
|---|---|---|
| 2-10 | Basic first aid kit | N/A |
| 11-50 | Level 1 first aid kit | Level 1 Certificate |
| 51-100 | Level 2 first aid kit + dressing station | Level 2 Certificate |
As of July 2007, WorkSafeBC has developed specific regulations on the requirements to orientate new and young workers. A young worker is anyone under the age of 25. A new worker is an employee who is returning after an absence or new to a particular worksite or job.
Everyone, regardless of experience, is at higher risk when starting a new task or job, working in a new location or using a new tool or piece of equipment. Orientation and familiarity to their new work environment and associated tasks are an essential component of due diligence.
An employer must keep documentation of all orientation and training, including when it occurred, who was there and what was covered. Some key points of an orientation are:
Overexertion and repetitive motion result in a significant number of musculoskeletal or soft tissue injuries in orchard work.
A musculoskeletal injury or MSI is "an injury or disorder of the muscles, tendons, ligaments, joints, nerves, blood vessels or related soft tissue including a sprain, strain and inflammation, that may be caused or aggravated by work."
Employers are required to identify factors in the workplace that may expose workers to a risk of musculoskeletal injury. When those factors have been identified, the employer must ensure that the risk to workers is assessed. The employer must then eliminate or, if that is not practicable, minimize the risk of MSI to workers.
The employer must provide education and training to a worker in risk identification related to the work, including the recognition of early signs and symptoms of MSIs and their potential health effects.
Workers that may be exposed to any hazardous materials must be trained and able to answer the following questions about each hazardous material:
Tractors, sprayers, mowers, prepruners and ATVs are common pieces of equipment used in vineyards. Employers must ensure that all equipment is in good working order and meets standards.
All guards must be in place and marked with warning decals that are easily identifiable. It is especially important to have shields on power take-offs. Guards must not be removed. Access doors must not be opened until all components come to a complete stop.
The employer must not allow anyone to operate equipment unless they are authorized, adequately trained and have proven competency.
Tractors newer than 1985 and over 20 HP must have Roll Over Protective Structures (ROPS) and seat belts. Any tractor operating on a steep slope or narrow roadway has an increased risk of rollover, which indicates a need for ROPS.
