1/🧵Important Thread
For those working in unsafe conditions, this thread highlights which sections of the Occupational Health & Safety (OHS) Act may apply to your situation. You can highlight them in an unsafe work claim. It’s BC specific but may apply elsewhere. #bced #bcpoli
2/ BCCDC creates guidance for employers, and employers can choose which aspects of the guidance they want to use in their safety plan.
Guidance is not law, it’s a suggestion.
The OHS Act is law and it TRUMPS any BC CDC guidance. Important distinction.
#bced #bcpoli #cdnpoli
3/ The PHO must also follow the principles in the OHS Act when creating orders, as must @WorkSafeBC when ruling on unsafe work claims.
Act clearly states that ALL work must be carried out without undue risk of occupational disease to ANY person. OHS Act prevails. #bced #bcpoli
4/ Is SARS CoV-2 considered a hazard?
Turns out that yes it is. Section 5.1.1 of the OHS Act determines that only PHAC & Food Ins Agency have the authority to determine what a biohazard is.
PHAC has designated SARS CoV-2 as a category 3 biohazard in labs and 2 in community.
5/ Since OHS act defers to PHAC for classification, that means that it is PHAC that gets to determine if a virus is airborne. Not @CDCofBC’s jurisdiction.
PHAC determined #COVID19 was airborne in their rapid review from May 2021. Need a BSL-3 lab too.
drive.google.com/file/d/1lPpmCt…
6/ 5.2 If a worker MAY be exposed to a biological agent (#COVID) the employer must ensure that workers are clearly made aware of the possible side effects of the biological agent (long covid/death) and any precautions required. #bced #bcpoli
7/ 5.2 Also states that the employer must create written procedures to eradicate or minimize the risk to the biological agent and its possible effects to worker health.
The OHS Act also defines in the Precautionary Principle when dealing with unknown hazards— which BA.2 is.
8/ The Act clearly states that when an employee may be exposed to an unknown biological hazard (BA.2), the employer must use the precautionary principle. Means they must provide a higher level of protection when the identity of the biological agent has not been established.
9/ Sec 6.34(i) of act discusses the need for employers to develop exposure plans for employees. PHO & WorkSafeBC tell workers that COVID is everywhere — it’s a designated biological agent, which means employers must come up with exposure control plans to minimize risk. #COVIDzero
10/ Act also says PPE & ventilation controls must be used if there’s a biological agent in workplace.
Workers must be notified when there is a “hazard” in their workplace. COVID is a biohazard.
Act states that there must be a record of all employees exposed, too. #bcpoli #bced
11/ BC’s Health Act states that there must be mandatory sampling/testing, collecting, reporting, and disclosing of information dealing with a health hazard. Health Act works in concert w/ OHS act, so employers can notify workers. They must also not knowing cause a Health Hazard.
12/ The @CDCofBC is trying to pretend that #COVID19 is a mild communicable disease. It is not in the BCCDC’s jurisdiction to determine this, it’s PHAC’s and they’ve determined COVID is a hazard.
OHS Act states that Employers must minimize hazards. #COVIDzero is enshrined in law.
13/ Total of 11,759 K-12 students tested + for COVID-19 between Dec. 15, 2021 & Jan. 18, 2022, according to BCCDC K-12 School Sit report. Number of infections in school-aged children was up 305% from the previous report, which shows 2,902 students testing positive for the virus.
14/ Meanwhile, the number of 12-17 students who tested positive during the same period accounts for more than half of all infections recorded in that age group for the whole school year.
There were 44 hospitalizations and 5 ICUs in BC kids 0-19 in ONE week alone, from Jan 23-29.
15/ PHAC noted that schools are indeed high risk for outbreaks and that the number of outbreaks went down when schools were closed.
OHS Act defers to PHAC, the BCCDC’s jurisdiction is not mentioned anywhere in the Act.
16/ The BCCDC claims that schools are a low-risk workplace. Anyone working in #bced knows that is an outright lie. @WorkSafeBC’s own claim data shows just how dangerous it is for education workers. It has the second most COVID claims of any employment sector. #bced #bcpoli
17/ What other sector has to work with people who have a 50% COVID positivity rate?
All workers have a right to a safe workplace, not just some workers. It’s time BCian demand that their worker rights be respected and that the precautionary principle be followed.
#bced #bcpoli
18/ The flu is considered endemic and relatively mild. In it’s worst year, it killed 19.4 people per 100,000 in BC.
19/ Omicron killed more that 114 British Columbians per 100,000 people in the past week. That’s a 488% difference to the flu.
COVID is not mild, nor is it low risk for #bced staff.
It is a PHAC designated biohazard and the precautionary principle must be implemented, BY LAW.
20/COVID is a vascular disease. DBH is not being honest about this w/ BCians.
It can present as a respiratory illness initially but between 10-30% of people infected will develop long COVID & according to OHS Act, they have a right to know. #bced #bcpoli
ncbi.nlm.nih.gov/pmc/articles/P…
21/ All this to say that the @bcndp have been deliberately allowing workers rights to be trampled.
With BA.2 circulating unchecked in our communities — & evidence that it is 30% more transmissible than omicron and potentially causes more severe disease, it’s time to say ENOUGH!
22/ What is the point of protecting the economy if the people working in it are knowingly being maimed, their quality of life diminished & life span shortened.
Our children’s lives are being negatively impacted as well.
We need to use the precautionary principle. #bcpoli #bced
23/ A list of some of the long-term symptoms Dr. Henry and employers need to be educating workers about with regard to Long COVID.
#bcpoli #bced #COVID19BC
24/ When a prevention officer writes their report, you have a right to ask for a rationale for their ruling. If they’ve already ruled, write them back & ask about the various sections of the OHS act. They must be able to provide a rationale for their answer.
25/ Next you can ask for a review and do a formal appeal.
worksafebc.com/en/review-appe…
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