OHS in New Brunswick

As an employer you play an important role in preventing workplace injuries and promoting a safe and healthy workplace. In New Brunswick, under the Occupational Health and Safety Act, you have a legal obligation to properly inform, instruct, and supervise your employees and to do everything you reasonably can to protect them.

Employer responsibilities under the OHS Act

An employer is a person who employs one or more people, or that person’s agent. 

• Comply with the OHS Act and regulations, and any order made in line with them.
• Ensure that your employees comply with the Act and regulations, and any order made in line with them.
• Ensure that the necessary systems of work, tools, equipment, machines, devices and materials are maintained in good condition and are of minimum risk to health and safety when used as directed by the supplier or in accordance with the directions supplied by the supplier.
• Ensure that supervisors are properly trained in health and safety and that work at the place of employment is competently supervised.
• Ensure that work at the place of employment is sufficiently supervised.
• Provide protective equipment and maintain it in good condition as is required by regulation and ensure that the equipment is used by an employee in the course of work. 

Employee responsibilities:  

A person is considered an employee when they perform work-related duties at or in a place of employment, and their employer is subject to New Brunswick’s OHS Act. 

This includes individuals who are not in traditional employment relationships - they may be employed by the employer, another employer, be a volunteer, or be self-employed; however, they must be conducting work-related duties while at the place of employment. 

Employees must:

• Comply with the OHS Act and regulations.
• Conduct themselves in a safe manner and not put themselves or others at risk.
• Report any workplace hazards.
• Wear appropriate personal protective equipment.
• Co-operate with the joint health and safety committee (JHSC) or safety representatives.
• Co-operate with WorkSafeNB and its health and safety officers. 

If you fail to comply with these responsibilities, a WorkSafeNB health and safety officer may write an order requiring you to do so. Failure to comply with an order could result in prosecution and fines. 

What rights do employees have? 
No matter what job responsibilities you may have, all employees have the following three fundamental rights: 

Right to know 
All employees have a right to receive the training needed to do the job safely. All employees, new, transferred or experienced, should be made aware of: 

• Workplace hazards
• Safe work procedures
• Emergency procedures 

If at any time an employee is unsure about a task on the job or is concerned about their personal safety or the safety of others, they should talk to their supervisor about receiving additional on-the-job training. 

Right to participate 
All employees have a right to participate in solving health and safety problems and in the identification and control of workplace hazards. Employees should know who the health and safety representatives/committee members are in case they have a question or concern related to workplace health or safety. 

Right to refuse dangerous work 
All employees have the right to refuse work they believe is dangerous to their health or safety, or to that of others. If an employee is unsure about their safety at work, they should take the following steps: 
STEP 1: Report the safety concern to their supervisor. If the problem is resolved, return to work. If not, then: 
STEP 2: Report the matter to the joint health and safety committee or to the safety representative. If it is still not resolved, then: 
STEP 3: Call WorkSafeNB and explain the situation. Return to work only when the situation is no longer dangerous. 

In all cases, an employee should stay at work until their shift is finished. 

OHS Policy
OHS Program
Committees & Representatives
Posters, Signage, Printables
Violence, Harassment & Bullying
Young and New Workers
Orientation & Training
Working Alone
First Aid
Emergencies, Hazards & Communicable Disease
GHS (WHMIS)
Return to Work

OHS POLICY 

In New Brunswick, all business with 5 or more employees must have a written and accessible Health and Safety Policy.

CFIB members can download CFIB’s occupational health & safety policy template from the Member Portal.   

WorksafeNB also has policy examples. 

OHS PROGRAM

A Workplace Health and Safety Program is required when the business has more than 20 regularly employed employees within the province. 

The Program has 9 components:

1. A Health and Safety Policy
2. A Joint Health & Safety Committee or a Health & Safety Representative
3. Regular workplace inspections
4. Incident/Injury investigation
5. Hazard Identification System
6. Written work procedures
7. Orientation, training, and supervision
8. Maintain records and statistics
9. Monitoring for implementation and effectiveness

The employer should draft policies in consultation with the Joint Health and Safety Committee. 

COMMITTEES & REPRESENTATIVES 

The employer has a responsibility to cooperate with the Health and Safety Committee/Representative/any person responsible for the enforcement of the OHS Act and Regulations. 

A Health and safety representative is required once the 5th employee is hired. 

A Health and safety committee is required when there are 20 or more employees in the workplace. 

Committee members must take training – either 18 hours in-class instruction, or blended instruction of 5 e-courses and 1 day in class/virtual class. 

Documentation 
The duties of the committee must be set out in writing and posted in a prominent place. Copies must be shared with each committee member. 

Committee meeting minutes must be posted in a prominent place. Kept current, and a copy sent to WorkSafeNB. 

POSTERS, SIGNAGE, PRINTABLES 

The following must be posted in a prominent place in the workplace that all employees have access to:

• Names of JHSC members and minutes of the most recent committee meeting (if applicable)
• Name of the elected H & S Representative (if applicable)
• A copy of the Occupational Health and Safety Act and its regulations
• A Code of Practice
• Emergency Communication Procedure
• Names of First Aid providers
• Location of the first aid kit

Some workplaces may have further posting/signage obligations.

A sign prohibiting smoking shall be posted at each entrance to an enclosed public place or indoor workplace and be clearly visible to people entering.   

No smoking/No Vaping posters are available from the government.  

VIOLENCE, HARASSMENT & BULLYING 

Violence is defined as “the attempted or actual use of physical force against an employee, or any threatening statement or behaviour that gives an employee reasonable cause to believe that physical force will be used against the employee, and includes sexual violence, intimate partner violence and domestic violence.”

All employers must do a violence risk assessment in consultation with the JHSC/H&S representative. The assessment should include:

• The location and circumstances where work activities take place.
• Possible types of violence that may happen in connection with the employee’s work (including intimate partner violence and domestic violence spilling over into a workplace).
• Which employees might be at risk for violent incidents, including the types of work activities that may place employees at risk.
• Possible health and safety effects to the employees at risk.
• Investigation results of any previous violent incidents.
• Knowledge of violent incidents in similar workplaces.

A risk assessment example is available in the Violence and Harassment Guide. 

A Code of Practice for Violence Prevention is required if:

• You have 20 or more EEs.
• You are in health, pharmacy, veterinary, social worker, financial services, private investigation, supply goods & services to government, early childcare, retail, transportation, home support, liquor served, cannabis sales
• You have fewer than 20 employees, but the risk assessment identified a risk. 

The Code of Practice must include:  

• Risky locations & circumstances
• Types of violence  
• Categories of employees/types of work
• Person responsible for implementation
• Employee reporting
• Mitigation actions including  

CFIB members can access a provincially specific Code of Practice for Violence Prevention from our Business Advisors. 

Harassment is defined as “any behaviour that is known or should be expected to be known to be unwelcome that would demean, embarrass, humiliate, annoy, alarm or threaten an employee’s health and safety. This can be on a one-time or repeated basis and includes sexual harassment.”

All businesses must have a Code of Practice for Harassment Prevention. Examples are available in WorkSafeNB’s Violence and Harassment Guide. CFIB members can also access a template via our Business Advisors. 

YOUNG AND NEW WORKERS 

In New Brunswick, young workers are those aged 15-24.  

WorkSafeNB has produced a guide Let’s talk safety: toolkit for employers of young workers which provides tips on how to approach the topic of safety with young workers.

These requirements are not just specific to young workers  – they are also for new workers who are not familiar with your workplace and the potential hazards. 

ORIENTATION & TRAINING 

It is the employer’s responsibility to provide information, training, and supervision (as necessary) to ensure an employee’s health and safety. Health and Safety Orientation must begin before work starts. There is no specified length of time for the orientation, but it must be more detailed than just giving out checklists. 

At a minimum, the following topics must be covered during orientation:

• Name and contact information of the new employee's supervisor.
• Contact information of the JHSC or the health and safety representative.
• Employee's rights, liabilities and duties under this Act and the regulations, including reporting requirements and the right to refuse.
• Health and safety procedures and codes of practice related to the new employee's job tasks, including any potential hazards.
• Location of first aid facilities and how to obtain first aid.
• Procedures on how to report illnesses and injuries that occur at work.
• Procedures about what to do in an emergency.
• Use of personal protective equipment, if applicable.
  
  

WorkSafeNB has an Orientation Guide to help employers plan their training. 

WORKING ALONE

A Working Alone/isolation policy, also known as A Working Alone Code of Practice, is required and must be written and accessible. This policy must form part of the new employee orientation package.  

CFIB members can access a template in the Member Portal. WorksafeNB also has a sample available. 

FIRST AID 

An Emergency Communication Plan must be posted in a prominent place where workers can easily access it. CFIB members can access a template in the Member Portal.

A Working-in-isolation communication plan must also be developed as part of the first aid requirements.  

First Aid kits must be equipped as outlined in the CSA Standard CSA Z1220-17 First Aid Kits for the Workplace 

The number of kits depends on the number of employees and the types of hazards.

First aid trained providers – number depends on size of workplace and hazards.  

First aid providers must keep written records of the name of who was injured/ill, the treatment and care provided, a description of the incident, date, name of the person providing emergency care, and date the record was made. The employer must keep this record for five years. 

WorkSafeNB has developed a First Aid Worksheet to help you determine your first aid requirements. 

The WorkSafeNB First Aid guide can be found on their website. 

EMERGENCIES, HAZARDS & COMMUNICABLE DISEASE 

NB has an Emergency Measures Organization.

A written Communicable Disease Prevention Plan is recommended and should be done in workplaces with more than 20 employees. The government has a guide to creating the plan. CFIB members can access a template plan in the Member Portal. 

An Emergency Management Plan/ Emergency Evacuation plan should be part of the OHS program, if necessary. Do a hazard assessment and put a mitigation plan in place. 

CFIB Resources:

• How to keep your business afloat during a flood
• Storm day policy: a good plan for bad weather
• Emergency preparedness: 5 things you need to do 

GHS (WHMIS) 

Employers must:

• Ensure employees are trained on the hazards and safe use of products.
• Ensure hazardous products are properly labelled.
• Prepare workplace labels and Safety Data Sheets (SDSs) as necessary.
• Provide employees with access to up-to-date SDSs.
• Review the training provided to employees – annually or whenever work conditions or hazard information changes.
• Assess employee knowledge of WHMIS. 

CFIB article: WHMIS: are your employees trained to handle hazardous materials? Information is also available on the Canadian Centre for Occupational Health and Safety website.

RETURN TO WORK  

A return to work (RTW) plan is a tool to help ill or injured employees return to employment in a timely and safe manner. Returning to work is an essential part of the recovery process and can also help limit the impact a workers’ compensation claim has on your business if the injury is received at work.

CFIB article: Return to Work: Be prepared. Save your business  

WorksafeNB has a program called “Working to Well”. This program is specifically for workers that have had a workplace injury and are on a compensation claim; however, the principles still apply for workers that need accommodation for non-work-related injuries.