Acts and Regulations

84-26 - Administration

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 84-26
under the
Occupational Health and Safety Act
(O.C. 84-111)
Filed February 29, 1984
Under section 51 of the Occupational Health and Safety Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Administration Regulation - Occupational Health and Safety Act.
2In this Regulation
“Act” means the Occupational Health and Safety Act;(Loi)
“arbitrator” means an arbitrator appointed by the Commission pursuant to subsection 25(2) of the Act.(arbitre)
3(1)The forms prescribed by this Regulation may be varied or modified according to circumstances.
3(2)No proceeding before an arbitrator or the Commission shall be defeated or affected by any technical objection as to the form used or based on defects of form.
4Except as otherwise provided in the Act or this Regulation, the Rules of Court apply with respect to the service of documents under this Regulation.
5(1)The Rules of Court apply with respect to the computation of time under this Regulation.
5(2)An arbitrator or the Commission, as the case may be, may extend or abridge the times prescribed by this Regulation on such terms as may be just.
Arbitrator
6A complaint filed by an employee with the Commission under subsection 25(1) of the Act shall be in Form 1.
7(1)Subject to subsection (2), an arbitrator who is able to conduct a hearing in the language selected by the employee shall be appointed on a rotating basis from a list kept by the Commission.
7(2)No person shall be appointed as arbitrator who is directly affected by the matter to be arbitrated or who has been involved in an attempt to negotiate or settle the matter.
8(1)Within five days after his appointment, an arbitrator shall issue a Notice of Hearing in Form 2 setting a date for the hearing which date shall be not more than thirty days after the date of issue of the Notice.
8(2)The Notice of Hearing referred to in subsection (1) shall be served on the employee and on the employer not later than ten days before the hearing.
9(1)An arbitrator shall give his decision and reasons therefor in writing not later than thirty days after the completion of the hearing.
9(2)An order of an arbitrator under subsection 26(2) of the Act shall be in Form 3.
9(3)An arbitrator shall deal with a request for clarification under subsection 26(4) of the Act within five days after receipt of the request.
APPEAL
10An application to appeal to the Commission under subsection 38(1) of the Act shall be in Form 4.
11(1)Within five days after receipt of an application under subsection 38(1) of the Act, the Commission shall issue a Notice of Hearing in Form 5 setting a date for the hearing of the appeal which date shall be not more than thirty days after the date of issuance of the Notice.
11(2)The Commission shall serve the Notice of Hearing referred to in subsection (1) on the parties to the appeal not later than ten days before the date set for the hearing of the appeal.
12The Commission shall give its decision and reasons therefor in writing not later than thirty days after the completion of the hearing of the appeal and shall serve a copy on the parties to the appeal.
13An order of the Commission made under subsection 38(4) of the Act shall be in Form 6 and the Commission shall serve a copy of the order on the parties to the appeal.
OFFICER
14(1)Where, in the opinion of an officer, a tool, equipment, a machine or device at a place of employment does not comply with the Act or regulations, the officer shall
(a) make an order that the tool, equipment, machine or device shall not be used;
(b) make an order that the tool, equipment, machine or device shall be used only under conditions which the officer believes will ensure the safety of employees at the place of employment; or
(c) take any measure that will result in the employer, owner, contractor, sub-contractor, employee, supplier or lessee adopting a course of action that will bring the tool, equipment, machine or device into compliance with the Act or regulations.
14(2)When an officer makes an order that a tool, equipment, a machine or device shall not be used, he shall
(a) give the order in writing to the employer, owner, contractor, sub-contractor, employee, supplier or lessee affected by the order, and
(b) attach to the tool, equipment, machine or device a warning that an order has been issued with respect to it.
N.B. This Regulation is consolidated to June 30, 1998.