The Workers Compensation Act (WCA) and the Occupational Health and Safety Regulation (OHSR) focus on employer obligations. Both statutes also identify obligations for supervisors and employees that drive for work.
Employers hire supervisors to direct workers and oversee the work they do to make sure it is done according to company expectations and legal requirements.
Part 117 of the WCA specifies six broad duties for supervisors:
- Ensure the health and safety of workers under their supervision
- Be knowledgeable about the regulations that apply to the work being supervised
- Ensure workers are aware of known and reasonably foreseeable hazards
- Ensure workers comply with the regulations and any applicable orders
- Cooperate with the joint committee or worker health and safety representative, and
- Cooperate with WorkSafeBC officers.
The Supervisor's Guide to Road Safety Requirements summarizes supervisory responsibilities identified in the OHSR.
Supervisors and workers also share safety obligations. For example:
- As per OHSR Part 16.4, each driver must demonstrate their driving competencies, and a qualified supervisor must confirm that competency before allowing that worker to operate a vehicle.
- OHSR Part 16.34 requires that drivers report mechanical defects and other conditions that could affect safe operations to a supervisor or employer. The supervisor must be available to receive and review reports, and to ensure repairs are made before allowing the vehicle to be used.
Part 116 of the WCA describes several obligations for employees engaged in work-related driving. Each employee’s first responsibility is to take steps to protect their own health and safety, as well the health and safety of other persons – workers and non-workers. Employees must carry out their work according to safe work procedures, use necessary protective equipment, and ensure their ability to perform their work is not impaired by alcohol, drugs or other causes.
The Employee's Guide to Road Safety Requirements explains employee responsibilities identified in the OHSR.
Along with those responsibilities, workers have rights with important safety implications. For example, employees are entitled to receive the training they need to safely do the work they are assigned. As well, each employee has the right to refuse legitimately unsafe driving assignments. For a summary of employee rights and responsibilities, download Workplace Rights and Responsibilities.