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.
An employer is a person who employs one or more people, or that person’s agent.
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:
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:
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
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.
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:
The employer should draft policies in consultation with the Joint Health and Safety Committee.
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.
The following must be posted in a prominent place in the workplace that all employees have access to:
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 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:
A risk assessment example is available in the Violence and Harassment Guide.
A Code of Practice for Violence Prevention is required if:
The Code of Practice must include:
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.
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.
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:
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.
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.
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:
Employers must:
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.
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.