DSS228: Proposed Regulation Changes for Combustible Dust in British Columbia

In today’s episode, we’re talking about proposed regulation changes for combustible dust in British Columbia. Before we get into it, we’d like to cover a few points.

First off, our goal is to refrain from expressing our personal opinions regarding this proposed regulation. If any opinions do surface, please understand that we are making an effort to avoid influencing anyone’s viewpoints or directing specific input or guidelines. Now let’s delve into the proposed regulation change currently under consideration and explore its potential implications.

Why Are These Changes Being Made?

The first aspect to consider is the reason behind these proposed changes, which can be traced back to two significant sawmill explosions that occurred in British Columbia: Babine Forest Products and Lakeland Mills, both in 2012. We have previously discussed these incidents on our podcast:

It’s important to note that combustible dust fires and explosions are still an ongoing challenge in wood processing industries across the world, including British Columbia. That’s why some of these changes are being made to move this into a regulatory framework for combustible dust.

We’re going to read some of the introduction to this proposed regulation before we actually get into the regulation itself. It says:

“At present, the Occupational Health and Safety Regulation lacks a set of dedicated provisions targeting the management, health and safety risks associated with combustible dust in the workplace. On September 1st, 2014, WorkSafe BC introduced three new policies listed below. These were policies on employer duties, on worker duties, and on supervisor duties for wood dust mitigation and control. These policies were introduced with a longer term view of conducting a more holistic review of the Occupational Health and Safety Regulation, and ultimately retiring these policies.

“The Policy Regulation and Research Department, PRRD, has prepared proposed amendments to Part 6 of the OHS regulations relating to combustible dust. The primary objective of this is to better assess the effectiveness of the current revisions and policies relating to managing combustible dust at the workplace, identify issues and gaps therein, and address those by way of regulatory amendments.”

The final point to consider is that this proposed regulation aims to replace the policies that were originally issued in 2014. Following the lumber mill explosions in British Columbia in 2012, WorkSafeBC introduced three new policies focusing on wood dust mitigation control. These policies were intended as an initial response, with the goal of conducting a more comprehensive review in the long term. Now, after completing this holistic review, the proposed regulation is being introduced to replace the previous wood dust mitigation control policies implemented by WorkSafe BC.

Overview of the Policy Framework in British Columbia

The BC regulatory framework comprises four distinct layers.

First, there is the Workers Compensation Act of British Columbia, which establishes the legal authority and framework for various aspects.
Next, there is the initial layer of the Act, which consists of the regulations.
The next layer comprises the policies. These policies serve as proposed interpretations of specific sections of the Act and its regulations.
The final layer encompasses the guidelines, which offer supplementary and additional information.

Although not explicitly stated in the Act, one can perceive the regulations as the imperative “shall” components, while the guidelines and supplementary information represent the discretionary “should” elements. The policies bridge the gap by providing interpretive guidance that falls between the regulations and guidelines.

The previous policies, including Policy 2-21-3, 2-22-2, and 2-23-3, focused on wood dust mitigation control, covering employer duties, worker duties, and supervisor duties. They provided interpretations of the corresponding sections in the Act regarding general duties. The aim was to improve comprehension and implementation of wood dust mitigation and control measures. These policies referenced guideline documents that offered practical guidance for effectively managing and mitigating combustible wood dust hazards in workplaces throughout British Columbia.

This change is actually moving up into the regulation space of the Act, where there are a whole number of sections on combustible dust. When examining the occupational health and safety regulations within the British Columbia Act, several sections can be identified. These include:

Definitions;
Application rights and responsibilities;
General conditions;
Chemical agents, and;
Substance-specific requirements, among others.

The proposed regulation falls within the substance-specific requirements section, covering areas like waste handling, biological agents, lead, silica, asbestos, cyto-toxic drugs, and more. A notable addition in this section is the inclusion of combustible dust, labeled as “Combustible Dust.” It comprises statements 6.133 to 6.167, spanning multiple pages. Around 30 statements pertaining to combustible dust are being introduced into the Act’s regulations.

Notable changes have been made in Part 4 – General Conditions, specifically in Section 4.42 on compressed air usage. These changes mainly involve rewording without introducing new regulations or removals, likely for consistency with the updates in Section 6.

In Part 31 – Firefighting, a new section mandates the implementation of a written procedure by fire departments or industrial fire brigades when handling fires and emergencies related to combustible dust. This requirement was previously not explicitly stated, but the updated regulation emphasizes the need for a written procedure for both internal firefighting teams (industrial fire brigades) and external fire departments.

There is a significant shift in the treatment of rural combustible dust in British Columbia’s legal system. It is moving from policies referencing guidelines to becoming an actual regulation within the Workers Compensation Act. This transition expands the scope to include all dust with ignition or deflagration potential, not just wood dust. It signifies a broader approach to addressing combustible hazards across different materials discussed on the podcast.

The shift in focus has implications for different groups. Firstly, it directly affects companies operating in British Columbia, requiring them to undertake risk assessments, implement mitigation measures, and ensure safety. Secondly, service providers and experts in fire and explosion safety will need to familiarize themselves with the new guidelines. Overall, this shift extends the regulatory impact to companies and service providers, enhancing safety measures and providing a new framework for addressing combustible dust hazards in British Columbia.

This provides some context regarding the reasons and methods behind these proposed regulations. Now, let us delve into the specific content and components encompassed within them.

Overview of the Proposed Regulations

Regarding the proposed changes, they can be categorized into four sections, which can be further consolidated into two main sections.

The first significant section addresses the identification, assessment, and management of combustible dust hazards, providing a comprehensive framework. The remaining three sections cover risk controls, including general controls, machinery and equipment, and fire and deflagration prevention. These sections (6.1333 to 6.167) emphasize the implementation of appropriate measures to mitigate risks associated with combustible dust. They encompass the overall risk management approach, encompassing identification, assessment, management, and specific controls for general operations, machinery and equipment, and fire prevention.

Now let’s go through three takeaways from reading through these statements.

Takeaway #1: Identification of Ignitable and Combustible Dust

The document explicitly specifies the identification of ignitable and combustible dust. Employers are required to assume dust is ignitable or deflagrable unless proven otherwise. Screening tests such as the UN flammability test or ASTM E1226/E1515 go-no-go tests are required to determine if a dust is non-ignitable or lacks a deflagration hazard, exempting it from relevant sections of the regulation.

Objective data for ignitable and deflagrable dust must be considered, including data from provincial, national, or international bodies or standards associations. Textbook data, like Dr. Rolf Eckoff’s, does not qualify as objective data. The applicability of databases like GESTIS and the potential for relevant data publication by authorities remain uncertain, introducing an interesting aspect to the use of objective data in the regulation.

Takeaway #2: Definition of a Qualified Person

The document highlights the importance of a qualified person in making determinations and decisions, without providing a specific definition. WorkSafeBC plans to offer external guidance, such as occupational health and safety guidelines or a combustible dust reference manual, to clarify the roles and responsibilities of qualified persons across different sections of the proposed amendments. The document recognizes that qualified persons may vary depending on specific requirements, and this flexibility is emphasized. Defining a qualified person is not resolved in this document, but guidelines will be provided separately.

Takeaway #3: Division of the Risk Assessment and Management Process

The document highlights the separation of the risk assessment and management process into two distinct components.

The first, Section 6.139 focuses on combustion risk assessment, which involves promptly updating the assessment when significant changes occur in various aspects of the workplace. The assessment includes identifying combustion hazards, assessing the level of risk, and considering work processes and other factors. It must be prepared and updated in consultation with a qualified person, taking into account the physical characteristics of the dust and other relevant factors. WorkSafeBC plans to provide educational and guidance resources on conducting risk assessments external to the proposed regulations, such as an OHS guideline or combustible dust reference manual.

The second component is the combustible dust management program, which outlines the requirements for employers. Under section 6.135, if ignitable or deflagrable dust is present on-site, the employer must develop a combustible dust management program. This program should detail how the employer will implement the controls specified in sections 6.145 to 6.167, which encompass equipment controls and hazard controls. In addition:

It should include a schedule and procedures for conducting regular inspections of rooms, buildings, structures, machinery, equipment, and work processes.
The program must be prepared and regularly updated in consultation with a qualified person.
The employer must designate a single individual, either the employer or an employee who possesses knowledge of the controls outlined in the program and the safe operation of machinery or equipment, to be responsible for administering the combustible dust management program.

The document also includes sections on the review of the combustible dust management program, instructions and training, recordkeeping, and the availability of records. These sections precede the actual hazard control components of the program.

Conclusion

Regarding the next steps, the opportunity for public feedback will remain open until June 8th, 2023. The committee responsible for this proposed regulation will consider the feedback received and proceed to develop an updated draft. Later in the year, a public hearing will be held where individuals can provide further feedback, and it is worth noting that these hearings may now be conducted virtually. The input received and the updated draft will undergo further revisions to produce the final document.

Once finalized, the document will be submitted to the province for approval. Barring any significant issues, the expectation is that the regulation, incorporating public feedback from both rounds, will be officially established in British Columbia sometime in 2024.

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