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New Brunswick anti violence and harassment prevention requirements

Starting April 1, 2019, all New Brunswick businesses have obligations under the Occupational Health and Safety Act on anti-violence and harassment prevention. Our goal is to make compliance easy for you.  Below we have highlighted the requirements for all businesses.

Please note that in this new legislation the definition of “place of employment” includes anywhere that work is conducted by one or more employees and includes project sites and vehicles.  The definition of “employee” includes not only those employed but also anyone at the place of employment for any purpose and will include consultants, customers, visitors and subcontractors.

Code of practice for harassment prevention (all businesses)

Every business is required to do a code of practice. This code of practice:

  • Must be done in conjunction with health & safety committees and/or representatives
  • Must be documented
  • Must be made available to OHS committee and safety reps

 

The code of practice must include:

  • That every person is entitled to work free of harassment
  • Identify the person responsible for implementation
  • Employee reporting
  • Investigation & documentation procedures
  • Corrective measure procedures
  • Employee follow up measures
  • Training needs.

 

Contact business resources for a code of practice template.

Violence risk assessment (all businesses)

Every business is required to do an assessment. This assessment:

  • Must be done in conjunction with health & safety committees and/or representatives
  • Must be documented
  • Must be made available to OHS committee and safety reps

 

The assessment should include:

  • The history of violence at that workplace.
    • Incident reports and investigations
    • First aid records
    • Joint health and safety committee (JHSC) minutes
  • A physical inspection of the workplace:
    • Workplace design and layout
    • Administrative practices (visitor policy)
    • Work practices (handling money, greeting the public)
  • The history of violence at similar workplaces. Information could be obtained through:
    • Insurance companies
    • Local police departments
    • Relevant publications
    • Professional associations
  • Risk factors associated with violence, such as:
    • processes or situations (working alone, working with the public, handling
    • large amounts of cash, etc.)
    • roles and responsibilities (cashiers handling money, by-law enforcement
    • officers, couriers visiting numerous workplaces, etc.)
    • Possible exposure to sexual violence
    • Whether intimate partner or domestic partner violence might spill over into the workplace
    • Hours of operation
    • Location and neighbourhood characteristics

 

Contact business resources for a violence assessment template.

Code of practice for violence prevention (see requirements)

**Although your business may not be required to have a Code of practice for Violence Prevention, we recommend implementing this to all businesses.

You are required to have a code of practice if the following circumstances exist:

  • You regularly employ 20 or more employees in NB.
  • If work is carried out under any of the below circumstances:
    • Public service employee
    • Supplier of goods or services to a government department
    • Employee of an emergency service provider
    • Health professional
    • Pharmacist
    • Veterinarian
    • Social worker, outreach worker, crisis intervener or support worker
    • Employee of an agency defined in the Private Investigators and Security Services Act
    • Person registered or licensed under legislation to provide financial services
  • The following types of work are done:
    • Teaching
    • Early learning and childcare services
    • Retail sales
    • Transporting goods or persons for hire in a vehicle (whether a public vehicle or privately owned)
    • Home support services
  • Work is carried on at:
    • A casino or other gaming premises (under the Gaming Control Act)
    • A place where a license or permit has been issued under the Liquor Control Act and where the public has access
    • A cannabis retail outlet (under the Cannabis Control Act)
  • If you regularly employ FEWER than 20 employees and are NOT included in the type of work or professions listed above, but your risk assessment for violence has identified a risk, you must develop a code of practice for violence.

 

This code of practice:

  • Must be done in conjunction with health & safety committees and/or representatives
  • Must be documented
  • Must be made available to OHS committee and safety reps

 

This code of practice should include:

  • Risky locations & circumstances
  • Types of violence
  • Categories of employees/types of work
  • Person responsible for implementation
  • Employee reporting
  • Mitigation actions including
    • Equipment & procedures
    • Follow up
    • Emergency assistance
    • Investigation
    • Corrective measures
    • Training

 

Contact business resources for a code of practice template.

 

Having a workplace that is violence and harassment free is for the safety of everyone.

We are here to help! If you have further questions or would like copies of the templates mentioned above contact business resources at 1 888 234-2232 or [email protected]