In this episode of The BC Safety Briefing, host Michael Chen examines WCAT Decision A2200622, a pivotal case that challenges how WorkSafeBC automatically classifies certain safety violations as "high risk."

Episode Highlights:

• The case of a 3x3 foot excavation that resulted in a $15,911.90 penalty
• How Policy P2-95-2 mandates automatic "high risk" designation for six types of violations
• Why the WCAT panel found this inflexible approach "patently unreasonable"
• The significant financial impacts: doubled penalties and potential loss of COR rebates worth up to 10% of annual assessments
• What this means for safety enforcement discretion in unusual circumstances

Key Regulatory References:

• Section 20.81 of the OHS Regulation (excavation requirements)
• Section 95 of the Workers Compensation Act (administrative penalties)
• Policy P2-95-2 "RE: High Risk Violations"

The Six Automatic High-Risk Violations:

1. Excavations over 4 feet deep
2. Work over 10 feet without fall protection
3. Confined space entry without testing
4. Asbestos work without precautions
5. Hand falling/bucking trees
6. Work near combustible dust

Important Takeaways for Safety Professionals:

This decision highlights the importance of context in safety enforcement. While safety regulations remain critically important, the WCAT panel argues that enforcement should maintain flexibility to assess unusual circumstances where rigid application of rules may not align with actual risk levels.

Resources:

• Full WCAT Decision: Search for A2200622 at wcat.bc.ca
• WorkSafeBC OHS Regulation: worksafebc.com
• Prevention Manual policies: Available through WorkSafeBC website

Disclaimer: This AI-generated podcast is for educational purposes only and should not be considered legal or professional advice. Always consult with qualified professionals for specific workplace safety matters.

Episode Duration: 7 minutes 42 seconds]]>