The Laws

An Employer’s Legal Responsibilities

Every employer in British Columbia must ensure the health and safety of all workers in the employer’s workplace.

The workplace extends to the vehicle that the worker is driving. That includes vehicles:

  • Owned by the employer
  • Owned by the worker
  • Used for primary work such as those used by a truck driver or delivery person
  • Used to go to/from primary work, such as vehicles used by a repair person, sales person, or nurse
The Laws
Legislation Description / Key Requirements
Workers Compensation Act and the Occupational Health and Safety Regulations More information and specfic requirements as referenced in the Workers Compensation Act and the Occupational Health and Safety Regulations can be found on WorkSafeBC.com. Every BC employer must ensure the health and safety of all workers in the employer’s workplace. BC employers are required to:

  • Establish and maintain a health and safety program that addresses driver, trip, load and vehicle risk factors
  • Ensure that workers have the safety information, instruction and training they need
  • Support the safety activities of supervisors, workers and joint committees
  • Remedy unsafe conditions and take action when informed of a hazardous situation
  • Investigate workplace incidents; report serious accidents to WorkSafeBC
Criminal Code of Canada Plain Language Guide: Bill C-45 – Amendments (to the Criminal Code Affecting The Criminal Liability of Organizations)
Bill C-45 of the Canadian Criminal Code specifies the criminal liability of an organization’s executive officers. Bill C-45 specifies all persons “directing the work of others” have a legal duty to take reasonable steps to ensure the safety of workers and the public.
For Commercial Motor Carriers BC Motor Vehicle Act (MVA) Motor Vehicle Act Regulations (MVAR) Division 37 BC Passenger Transportation Act and Regulations BC Commercial Transport Act Transport of Dangerous Goods Act and Regulations

For more information: BC Laws

These Acts embody National Safety Code (NSC) standards, applicable to commercial motor carriers. NSC standards cover safety ratings, facility audits, driver and carrier profile systems, trip inspection reports, driver hours of service, commercial vehicle maintenance and inspections and load security. In BC, a commercial motor vehicle is any motor vehicle used by a business, if that vehicle is one of the following*:

  • a truck or truck tractor that has a licensed GVW (gross vehicle weight) of more than 5,000 kg (including the weight of any attached trailer)
  • a bus (which is any vehicle that carries 10 or more people)
  • a vehicle that requires a Passenger Transportation licence (taxis, limousines, some buses, etc.)
  • a business vehicle as defined by the Motor Vehicle Act

*BC Ministry of Transportation and Infrastructure, Carrier Safety Guide, CVSE2000 (MV0630) September 2010

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