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Incident First Response

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Acts, Regulations, standards

Rescue Operations 3.00Acts, Policies, Regulatory Structure and Standards

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Regulatory Structure SCHEDULE I(Subsections 107(1), 129(1) and (2), 130(3) and (4), 133(4.1) and 156(3))

1. An offence under any of the following provisions of the Criminal Code, that was prosecuted by way of indictment:

(o.1) section 220 (causing death by criminal negligence);

(o.2) section 221 (causing bodily harm by criminal negligence);

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Regulatory StructureGOOD SAMARITAN ACT[RSBC 1996] CHAPTER 172

Contents 1 No liability for emergency aid unless gross negligence 2 Exceptions 3 Health Care (Consent) and Care Facility (Admission) Act

No liability for emergency aid unless gross negligence

1  A person who renders emergency medical services or aid to an ill, injured or unconscious person, at the immediate scene of an accident or emergency that has caused the illness, injury or unconsciousness, is not liable for damages for injury to or death of that person caused by the person's act or omission in rendering the medical services or aid unless that person is grossly negligent.

Exceptions 2  Section 1 does not apply if the person rendering the medical services or aid

(a) is employed expressly for that purpose, or (b) does so with a view to gain.

Health Care (Consent) and Care Facility (Admission) Act

3 The Health Care (Consent) and Care Facility (Admission) Act

does not affect anything in this Act. Copyright (c) Queen's Printer, Victoria, British Columbia, Canada

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Regulatory Structuregross negligenceWeb definitions Gross negligence is a legal concept which means

serious carelessness. Negligence is the opposite of diligence, or being careful. The standard of ordinary negligence is what conduct one expects from the proverbial "reasonable person". ...http://en.wikipedia.org/wiki/Gross_negligence

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Regulatory Structure NEGLIGENCE ACT[RSBC 1996] CHAPTER 333Apportionment of liability for damages 1  (1) If by the fault of 2 or more persons damage or loss is caused to one or more of

them, the liability to make good the damage or loss is in proportion to the degree to which each person was at fault.

(2) Despite subsection (1), if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability must be apportioned equally.

(3) Nothing in this section operates to make a person liable for damage or loss to which the person's fault has not contributed.

Awarding of damages 2  The awarding of damage or loss in every action to which section 1 applies is governed

by the following rules: (a) the damage or loss, if any, sustained by each person must be ascertained and

expressed in dollars; (b) the degree to which each person was at fault must be ascertained and expressed

as a percentage of the total fault; (c) as between each person who has sustained damage or loss and each other

person who is liable to make good the damage or loss, the person sustaining the damage or loss is entitled to recover from that other person the percentage of the damage or loss sustained that corresponds to the degree of fault of that other person;

(d) as between 2 persons each of whom has sustained damage or loss and is entitled to recover a percentage of it from the other, the amounts to which they are respectively entitled must be set off one against the other, and if either person is entitled to a greater amount than the other, the person is entitled to judgment against that other for the excess.

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Regulatory Structure Apportionment of liability for costs 3  (1) Unless the court otherwise directs, the liability for costs of the parties

to every action is in the same proportion as their respective liability to make good the damage or loss.

(2) Section 2 applies to the awarding of costs under this section. (3) If, as between 2 persons, one is entitled to a judgment for an excess of

damage or loss and the other to a judgment for an excess of costs there is a further set off of the respective amounts and judgment must be given accordingly.

Liability and right of contribution 4  (1) If damage or loss has been caused by the fault of 2 or more persons,

the court must determine the degree to which each person was at fault. (2) Except as provided in section 5 if 2 or more persons are found at fault

(a) they are jointly and severally liable to the person suffering the damage or loss, and

(b) as between themselves, in the absence of a contract express or implied, they are liable to contribute to and indemnify each other in the degree to which they are respectively found to have been at fault.

Negligence of spouse in cause of action that arose before April 17, 1985 5  (1) In an action founded on fault or negligence and brought for loss or

damage resulting from bodily injury to or the death of a married person, if one of the persons found to be at fault or negligent is the spouse of the married person, no damages, contribution or indemnity are recoverable for the portion of loss or damage caused by the fault or negligence of that spouse.

(2) The portion of the loss or damage caused by the fault or negligence of the spouse referred to in subsection (1) must be determined although that spouse is not a party to the action.

(3) This section applies only if the cause of action arose before April 17, 1985.

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Regulatory Structure Questions of fact6  In every action the amount of damage or loss, the fault, if any, and the degrees of fault are questions of fact.

Actions against personal representatives

7  (1) If a person dies who, because of this Act, would have been liable for damages or costs had the person continued to live, an action or third party proceedings that, because of this Act, could have been brought or maintained against the person who has died may be brought and maintained or, if pending, may be continued against the personal representative of the deceased person.

(2) The damages and costs recovered under subsection (1) are payable out of the estate of the deceased person in similar order of administration as the simple contract debts of the deceased person.

(3) If there is no personal representative of the deceased person appointed in British Columbia within 3 months after the person's death, the court, on the application of a party intending to bring or continue an action or third party proceedings under this section, and on the notice to other parties, either specially or generally by public advertisement, as the court may direct, may appoint a representative of the estate of the deceased person for all purposes of the intended or pending action or proceedings and to act as defendant in them.

(4) The action or proceedings brought or continued against the representative appointed under subsection (3) and all proceedings in them bind the estate of the deceased person in all respects as if a duly constituted personal representative of the deceased person were a party to the action.

(5) An action or third party proceeding must not be brought against a personal representative under subsection (1), or against a representative of the estate appointed under subsection (3), after the time otherwise limited for bringing the action.

Further application 8  This Act applies to all cases where damage is caused or contributed to by the act of a person

even if another person had the opportunity of avoiding the consequences of that act and negligently or carelessly failed to do so.

Copyright (c) Queen's Printer, Victoria, British Columbia, Canada

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Regulatory Structure PSLV Insurance and November 14, 2008 WorkSafeBC Coverage

Liability Protection The Emergency Program Act Part 4, Section 18 provides exemption from civil

liability for persons, both employees and volunteers, when carrying out measures relating to emergencies and disasters and for which the person(s) was not negligent.

General Liability Protection The Commercial General Liability policy provides coverage both to the

Province and to its volunteers. The policy insures both against third party legal liability resulting from claims due to damage to the property of others, and bodily injury or personal injury (libel, slander, etc.) to third parties, accidentally caused, which arise from the authorized duties of the volunteers on behalf of the Province. The limit of liability on the policy is $2 million per occurrence. The policy will also provide a defense and pay related defense costs.

Good Samaritan Act The BC Government Risk Management Branch advises that as long as the

volunteer responder is not receiving pay, or expecting to receive pay, for rendering emergency medical services or aid, they are NOT “employed expressly for the purpose” of rendering the medical services or aid. They advise that the phrase “employed expressly for the purpose” is interpreted in a manner that gives the word “employed” its ordinary meaning. In short, the opinion of the Province of BC is that PEP PSL Volunteers, who are not employed expressly for the purpose of rendering medical services or aid, are covered by the Good Samaritan Act.

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Regulatory Structure EMERGENCY PROGRAM ACT[RSBC 1996] CHAPTER 111Exemption from civil liability

18  No person, including, without limitation, the minister, the other members of the Executive Council, the director, a local authority, the head of a local authority, a member of a local authority, a volunteer and any other person appointed, authorized or required to carry out measures relating to emergencies or disasters, is liable for any loss, cost, expense, damage or injury to person or property that results from

(a) the person in good faith doing or omitting to do any act that the person is appointed, authorized or required to do under this Act, unless, in doing or omitting to do the act, the person was grossly negligent, or

(b) any acts done or omitted to be done by one or more of the persons who were, under this Act, appointed, authorized or required by the person to do the acts, unless in appointing, authorizing or requiring those persons to do the acts, the person was not acting in good faith.

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Regulatory Structure EMERGENCY HEALTH SERVICES ACT[RSBC 1996] CHAPTER 182Purposes of corporation

5.1  (1) The corporation has the following purposes:

(i) to recruit and train emergency medical assistants and other persons

(i)   for the purposes set out in this section, or (ii)   under an agreement or arrangement entered into

under section 5.4;(j) to enter into (i)   agreements for the purposes set out in this subsection, or (ii)   agreements or arrangements under section 5.4;

(4) Subsection (3) does not apply to a person who is (a) rendering emergency medical services or aid, as described in

section 1 of the Good Samaritan Act, unless the person▪ (i)   is employed expressly for that purpose, or▪ (ii)   does so with a view to gain, or

(b) acting in connection with the provision of occupational first aid in accordance with the requirements under the Workers Compensation Act.

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Regulatory Structure WCB StandardsWCB Standard OFA1: Certification of Occupational First Aid AttendantsIssued March 30, 2004; Revised November 1, 2004; Revised January 1, 2010

3. Terms and Conditions of Certification

The attendant must

(a) follow the principles of first aid treatment as outlined in the Board's Occupational First Aid training programs that are provided to the attendant when he or she participates in the training program,

(b) comply with the OHSR, and the other responsibilities of attendants in this standard, and

(c) comply with any other terms and conditions provided to the attendant by the training agency when granted certification, or provided to the attendant by the Board at any other time.

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Regulatory Structure 4.5 Inappropriate conduct

Prevention Policy Item D12-195-1 states:

A first aid certificate issued to a first aid attendant may be suspended, cancelled or have conditions placed upon its use where the first aid attendant engages in inappropriate conduct, including:

smoking while assessing or treating an injured or ill worker and/or while handling oxygen therapy equipment, or permitting others to do so;

failure to use the assessment and injury treatment techniques outlined in first aid training courses unless conditions precluded them;

conduct that poses an unreasonable threat to the safety and well-being of other workers or the public;

removing themselves from being able to see or hear any summons for first aid at a workplace;

abandonment of an injured worker after beginning assessment or treatment;

refusal to treat an injured worker when acting as the designated attendant; or

treating or transporting an injured worker while impaired or under the influence of drugs or alcohol.

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Regulatory Structure Policies Workers Compensation Act Division 3 General Duties of Employers, Workers and OthersPolicy Item D3-115-1RE: Employer Duty Towards Other Workers - Section 115(1)(a)(ii)

POLICY Section 115(1)(a)(ii) gives every employer the duty to ensure

the health and safety of any other workers present at a workplace at which that employer's work is being carried out.

Definition "other workers" refers to workers other than those of the

employer. This includes workers of other employers as well as persons deemed to be workers through signing up for Personal Optional Protection (POP).

When Does The Duty Apply? The duty applies whenever other workers are present at a

workplace at which that employer's work is being carried out. The employer's work can be carried out in one of two ways:

(a) other workers are present at a workplace where the employer's workers are working, or

(b) other workers are doing work for the employer's benefit.

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Regulatory Structure Policy Item D12-196-10RE: Administrative Penalties - Due DiligenceBACKGROUND

1. Explanatory Notes The Board is authorized to impose administrative penalties on

employers for failure to comply with Part 3 of the Act and the regulations, and under certain other conditions. Section 196(3) provides that an administrative penalty must not be imposed under this section if the employer exercised due diligence to prevent the failure, non-compliance or conditions to which the penalty relates.

2. The Act Section 196(3): An administrative penalty must not be imposed under this section if

an employer exercised due diligence to prevent the circumstances described in subsection (1).

POLICY The Board will consider that the employer exercised due diligence if

the evidence shows on a balance of probabilities that the employer took all reasonable care. This involves consideration of what a reasonable person would have done in the circumstances. Due diligence will be found if the employer reasonably believed in a mistaken set of facts which, if true, would render the act or omission innocent, or if the employer took all reasonable steps to avoid the particular event.

In determining whether the employer has exercised due diligence under section 196(3), all the circumstances of the case must be considered.

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Regulatory Structure Guidelines Part 3 ContentsOCCUPATIONAL HEALTH AND SAFETY PROGRAMSG3.17 Developing and implementing first aid proceduresIssued March 30, 2004

Section 3.17 of the Occupational Health and Safety Regulation states:

(1) The employer must keep up-to-date written procedures for providing first aid at the worksite including (a) the equipment, supplies, facilities, first aid attendants and services available, (b) the location of, and how to call for, first aid, (c) how the first aid attendant is to respond to a call for first aid, (d) the authority of the first aid attendant over the treatment of injured workers and the responsibility of

the employer to report injuries to the board, (e) who is to call for transportation for the injured worker, and the method of transportation and calling,

and (f) prearranged routes in and out of the workplace and to medical treatment.

(2) The employer must post the procedures conspicuously in suitable locations throughout the workplace or, if posting is not practicable, the employer must adopt other measures to ensure that the information is effectively communicated to workers.

(3) The first aid attendant and all other persons authorized to call for transportation for injured workers must be trained in the procedures.

There are samples of written first aid procedures for reference on the first aid web site under "Forms and Records": http://www2.worksafebc.com/Topics/FirstAid/FAQ.asp

DrillsTo ensure the effectiveness of the employer's first aid service, a drill should be held at least once each year to test: Workers' awareness of the way to summon first aid, the effectiveness of the communication

system, and the ability of the first aid attendant to respond to being summoned The capacity of the first aid service to treat injuries or illnesses of the type likely to occur in

the workplace

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