What if I was given advice from the Board about a variance or exception to the OSH Regulation prior to Part 3 of the Workers Compensation Act, i.e., before 1999?
Any directives or advice issued by the Board prior to the enactment of Part 3 of the Workers Compensation Act (Act) in 1999, relating to variances or exceptions to any regulatory requirement of the Occupational Health and Safety Regulation (OHS Regulation) or the predecessor (Industrial Health and Safety Regulations), whether verbally or in writing, are of NO FORCE AND EFFECT, since the enactment of Part 3 of the Act. This means that all requirements of the current OHS Regulation must be complied with unless a request to follow an alternative approach has specifically been granted to a person who has made application for a variance under Division 9 of the Act, in accordance with the variance process set out therein. Anyone wishing to rely on an alternative approach to a requirement under the OHS Regulation must follow the variance process noted above. To assist in understanding when a variance may be needed, WorkSafeBC provides interpretations of the OHS Regulation in the OHS Guideline
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