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Hazardous Work - Regulation Part 7.1, Division 5

Last updated on September 9, 2024

Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

Summary

This Division of Part 7.1 describes different types of hazardous work and the minimum ages to perform them.

Text of Legislation

Prescribed hazardous work

45.25 (1) In this section:

"actor or performer" means a person who is employed

(a) in the live entertainment industry as a performer, background performer or extra, or

(b) in the recorded entertainment industry as an actor, background performer or extra;

“confined space” has the same meaning as in section 9.1 of the Occupational Health and Safety Regulation;

“fall protection system” has the same meaning as in section 11.1 of the Occupational Health and Safety Regulation;

“forest firefighter” means a member of a fire brigade, who is assigned primarily to fire suppression duties in a forest fire scene, whether or not those duties include the performance of ambulance or rescue services;

“live entertainment industry” has the same meaning as in section 45.15 (1) of this regulation;

“RCS dust” has the same meaning as in section 6.110 (1) of the Occupational Health and Safety Regulation;

“recorded entertainment industry” has the same meaning as in section 45.5 (1) of this regulation;

“silica process” has the same meaning as in section 6.110 (1) of the Occupational Health and Safety Regulation;

“underground working” has the same meaning as in section 22.1 (1) of the Occupational Health and Safety Regulation.

(2) For the purposes of the definition of “hazardous work” in section 9.1 (1) of the Act, the following work is prescribed unless the work is carried out by an apprentice or a trainee within the meaning of the Skilled Trades BC Act

(a) construction work;

(b) the following work in the forest industry:

(i) tree falling and logging;

(ii) carrying out silviculture activities;

(c) forest firefighter work;

(d) work, other than work as an actor or performer, that is done at a place that requires the use of a fall protection system under section 11.2 of the of the Occupational Health and Safety Regulation;

(e) the operation of a chainsaw;

(f) the following work in a production process in a processing facility that processes fish, poultry or any other animal:

(i) killing or scalding animals;

(ii) moving an animal, other than fish or poultry, from a holding pen to a location in which the animal will be killed;

(iii) operating machinery that is used for processing, including canning machinery, but not including

(A) other machinery used for packaging,

(B) scales, or

(C) meat slicers;

(iv) operating a loader crane;

(g) the following work in the oil and gas industry:

(i) drilling;

(ii) well servicing;

(h) power line construction work or maintenance work that involves potential electrical hazards;

(i) work in a production process at a paper mill or pulp mill;

(j) work in a production process at a wood processing facility, including a shake mill, shingle mill or sawmill;

(k) work in a production process at a foundry, metal processing or metal fabrication operation, refinery or smelter;

(l) work in a confined space other than entering a walk-in freezer or cooler to place or retrieve an item;

(m) work in an underground working;

(n) work that involves exposure to ionizing radiation that exceeds the exposure limits set in section 7.19 of the Occupational Health and Safety Regulation;

(o) work in a silica process;

(p) work in which a worker is or may be exposed to potentially harmful levels of RCS dust;

(q) work in relation to asbestos that constitutes a moderate risk work activity or high risk work activity as defined in section 6.1 of the Occupational Health and Safety Regulation;

(r) work in which a worker is or might be exposed to an air contaminant that exceeds the limits set out in section 8.32 (a) to (c) of the Occupational Health and Safety Regulation.

Prescribed age

45.26 For the purposes of section 9.1 (2) (b) of the Act,

(a) the prescribed age in respect of the hazardous work described in section 45.25 (2) (a), (b) (ii), (c) and (d) of this regulation is 16 years of age,

and

(b) the prescribed age in respect of the hazardous work described in section 45.25 (2) (b) (i) and (e) to (r) is 18 years of age.

Policy Interpretation

Children under 18 cannot be hired to perform:

  • Tree falling or logging
  • Work performed with a chainsaw
  • Specific work in a fish, poultry or other animal processing facility
  • Drilling or well servicing in the oil and gas industry
  • Power line construction or maintenance involving potential electrical hazards
  • Production work at a wood or metal processing facility
  • Work in confined spaces (other than entering freezers or coolers to place and retrieve items)
  • Work in underground tunnels or excavations
  • Work in a silica process
  • Work exposed to harmful levels of ionizing radiation, RCS dust, air contaminants or asbestos

​Exception: Children who will be 18 on April 1, 2023 can perform the work listed above if both of the following apply:

  • They were hired before January 1, 2023
  • Their duties have not changed since January 1, 2023

In addition to the above, children under 16 cannot be hired to perform:

Exception: Children who will be 16 on April 1, 2023 can perform the work listed above if both of the following apply:

  • They were hired before January 1, 2023
  • Their duties have not changed since January 1, 2023

Related Information

Related sections of the Act or Regulation

ESA

ESR