LEARNING TASK 5 : Use the Occupational Health and Safety Regulation
OHS Guidelines
When you read the language in the Regulation you may sometimes find wording that could be interpreted differently.
For example, the “Procedure for refusal” section uses the wording “reasonable cause to believe” and “undue hazard”. In many situations, the “reasonable cause” and “undue hazard” can be straightforward. However, in some situations it can be more difficult to determine that the worker has reasonable cause to believe there is an undue hazard. It is for reasons similar to these that many parts of the OHS Regulation have associated OHS Guidelines, which are used to help interpret and apply sections of the OHS Regulation.
If you are looking at a section of the Regulation on the WorkSafeBC website or app, you can consult guidelines that explain the test for determining whether a worker has a “reasonable cause to believe” that an undue hazard exists or would be created, and what constitutes an “undue hazard.” The guidelines also explain the process for investigation into a work refusal, where completion of the procedure under section 3.12(3) of the Regulation has not resolved the work stoppage.