Acts and Regulations

O-0.2 - Occupational Health and Safety Act

Full text
Current to 16 June 2023
CHAPTER O-0.2
Occupational Health and Safety Act
Assented to August 5, 1983
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1In this Act
“Appeals Tribunal” means the Workers’ Compensation Appeals Tribunal established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act;(Tribunal d’appel)
“Chief Compliance Officer” means the Chief Compliance Officer designated under section 5;(agent principal de contrôle)
“Commission” means the Workplace Health, Safety and Compensation Commission established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act;(Commission)
“committee” means a joint health and safety committee established in accordance with this Act;(comité)
“construction” includes building, erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and any work in connection therewith;(travaux de construction)
“contracting employer” means a person who through a contract, agreement or ownership, directs the activities of one or more employers;(employeur contractant)
“contractor” means(entrepreneur)
(a) a person who by contract undertakes all the work at a project site,
(b) an owner who undertakes all or part of the work at a project site, or
(c) an owner who by contract engages more than one person to undertake all or part of the work at a project site;
“discriminatory action” means any action by an employer or union that adversely affects an employee with respect to any terms or conditions of employment, opportunity for promotion or membership in a union, and includes the action of dismissal, layoff, suspension, demotion, transfer of job location, reduction in wages, change in hours of work or reprimand;(mesure discriminatoire)
“employee” means (salarié)
(a) a person employed at or in a place of employment, or
(b) a person at or in a place of employment for any purpose in connection therewith;
“employer” means a person who employs one or more employees or the person’s agent;(employeur)
“health and safety representative” means a health and safety representative elected under section 17 or designated under section 17.1;(délégué à l’hygiène et à la sécurité)
“medical examination” means a medical examination satisfactory to the Commission;(examen médical)
“mine” means any work or undertaking for the purpose of opening up, proving, removing or extracting any metallic or non-metallic mineral or mineral bearing substance, rock, earth, clay, sand or gravel;(mine)
“Minister” means the Minister of Post-Secondary Education, Training and Labour;(Ministre)
“occupational disease” means any disease or illness or departure from normal health arising out of employment, and includes an industrial disease as defined by the Workers’ Compensation Act;(maladie professionnelle)
“officer” means an occupational health and safety officer appointed under section 5;(agent)
“owner” includes a trustee, receiver, mortgagee in possession or a tenant or a person for whose direct benefit on completion work is being done, but does not include a landlord who, under the terms of the lease, has transferred all responsibility for risks in relation to a place of employment;(propriétaire)
“peace officer” Repealed: 1990, c.22, s.36
“place of employment” means any building, structure, premises, water or land where work is carried on by one or more employees, and includes a project site, a mine, a ferry, a train and any vehicle used or likely to be used by an employee;(lieu de travail)
“project site” means any building, structure, premises, water or land where construction is carried on;(chantier)
“protective equipment” means any piece of equipment or clothing designed to be used to protect the health or safety of an employee;(équipement de protection)
“sub-contractor” means a person who by contract undertakes part of the work at a project site;(sous-traitant)
“supervisor” means a person who is authorized by an employer to supervise or direct the work of the employer’s employees;(superviseur)
“supplier” means any person who manufactures, supplies, sells, leases, distributes or installs any tool, equipment, machine, device or any biological, chemical or physical agent to be used by an employee;(fournisseur)
“union” means(syndicat)
(a) a trade union as defined under the Industrial Relations Act,
(b) any organization other than a trade union referred to in paragraph (a) representing employees to whom this Act applies formed for purposes that include the regulation of relations between employers and employees that has a written constitution, rules or by-laws setting forth its objects and purposes and defining the conditions under which persons may be admitted as members thereof and continued in such membership.
1989, c.28, s.1; 1990, c.22, s.36; 1994, c.70, s.5; 1998, c.41, s.92; 2000, c.26, s.232; 2001, c.35, s.1; 2006, c.16, s.127; 2007, c.10, s.71; 2007, c.12, s.1; 2014, c.49, s.34; 2017, c.63, s.43; 2019, c.2, s.103; 2019, c.38, s.1
Transitional
1.1Unless the context requires otherwise, a reference in any other Act of the Legislature, in regulations under any other Act of the Legislature or in any other document or instrument to the Occupational Health and Safety Commission or to the members of the Occupational Health and Safety Commission shall, as it relates to the administration of the former Occupational Health and Safety Commission Act or the within Act, be read as a reference to the Workplace Health, Safety and Compensation Commission or the board of directors of the Workplace Health, Safety and Compensation Commission.
1994, c.70, s.5
APPLICATION
Application of Act
2(1)This Act binds the Crown.
2(2)Repealed: 2013, c.15, s.1
2013, c.15, s.1
Exemptions
3(1)This Act does not apply to a place of employment that is a private home unless the work that is carried on has been contracted to the employer of one or more persons employed at that private home.
3(2)This Act does not apply to any place of employment exempted by regulation from the application of the Act.
3(3)Where an employer applies, in writing, for an authorization to deviate from any provision of the regulations, the Chief Compliance Officer may give permission in writing for that deviation under such terms and conditions as the Chief Compliance Officer considers advisable
(a) in accordance with the standards, if any, prescribed by regulation for granting such deviations, or
(b) where no standards for granting deviations are prescribed by regulation, if the Chief Compliance Officer is satisfied that the deviation affords protection for the health and safety of employees equal to or greater than the protection prescribed by regulation.
1985, c.64, s.1; 2022, c.32, s.1
ADMINISTRATION
Administration
4(1)Repealed: 1994, c.70, s.5
4(2)The Minister may, with the approval of the Lieutenant-Governor in Council, enter into such agreements with the Government of Canada, with other provinces or with local governments, as the Minister considers necessary or expedient for the administration of this Act.
4(3)Repealed: 1994, c.70, s.5
1991, c.63, s.7; 1994, c.70, s.5; 2005, c.7, s.55; 2017, c.20, s.121; 2022, c.32, s.2
Appointment of occupational health and safety officers
5(1)The board of directors of the Commission may appoint occupational health and safety officers for the purpose of carrying out the provisions of this Act and the regulations and designate one of the officers as the Chief Compliance Officer.
5(2)The Commission shall issue to each officer an identification card signed by the President and Chief Executive Officer of the Commission.
5(3)The Commission may designate officers who may be appointed by the government of another province or the Government of Canada to carry out health and safety inspections or other work on behalf of that government.
1991, c.63, s.7; 1994, c.70, s.5; 2022, c.21, s.8
Delegation by Chief Compliance Officer
5.1The Chief Compliance Officer may delegate any or all of the Chief Compliance Officer’s powers, duties, authority or discretion to another occupational health and safety officer, in such manner and subject to such terms and conditions as the Chief Compliance Officer considers appropriate.
2004, c.25, s.1; 2022, c.32, s.3
Designation of technical experts
6The Commission may designate persons as technical experts to accompany an officer into any place of employment.
Inquiry under Inquiries Act
7(1)The Lieutenant-Governor in Council may, at the request of the Commission, cause an inquiry to be held under the Inquiries Act into any matter concerning occupational health and safety.
7(2)Notwithstanding the Inquiries Act, commissioners holding an inquiry initiated under this section shall record and report the evidence taken before them and the finding thereon and their proceedings to the Commission to be by it laid before the Lieutenant-Governor in Council.
DUTIES OF EMPLOYERS, OWNERS,
CONTRACTORS, SUB-CONTRACTORS,
SUPERVISORS, EMPLOYEES AND SUPPLIERS
2019, c.38, s.2
Establishment of safety policy
8(1)Every employer with 20 or more employees regularly employed in the Province shall establish a written safety policy, in consultation with the employees.
8(1.1)The safety policy shall set out the responsibilities of the employer, supervisors and employees.
8(2)The employer shall keep a copy of the safety policy at each place of employment of the employer and shall make it available to an officer on request.
2001, c.35, s.2; 2013, c.15, s.2; 2019, c.38, s.3; 2022, c.32, s.4
Establishment of health and safety program
8.1(1)Every employer with 20 or more employees regularly employed in the Province shall establish a written health and safety program, in consultation with the committee or the health and safety representative, that includes provisions with respect to the following matters:
(a) the training and supervision of the employees in matters necessary to their health and safety;
(b) the preparation of written work procedures and codes of practice for the implementation of health and safety work practices, required by this Act, the regulations or by any order made in accordance with this Act;
(c) the identification of the types of work for which the work procedures are required at the places of employment of the employer;
(d) a hazard identification system that includes
(i) evaluation of the place of employment to identify potential hazards,
(ii) procedures and schedules for inspections, and
(iii) procedures for ensuring the reporting of hazards, prompt follow-up and control of the hazards;
(e) a system for the prompt investigation of hazardous occurrences to determine their causes and the actions needed to prevent recurrences;
(f) a record management system that includes reports of employee training, accident statistics, work procedures and health and safety inspections, maintenance, follow-up and investigations; and
(g) monitoring the implementation and effectiveness of the program.
8.1(2)The employer shall review its health and safety program at least once each year, in consultation with the committee or the health and safety representative, and shall update the program as required.
8.1(3)The employer shall make a copy of the program and all records available
(a) to the committee or the health and safety representative, and
(b) on request, to an employee at the place of employment or the Commission.
2013, c.15, s.3
Orientation and training for employees
8.2(1)For the purposes of this section, “new employee” means an employee who is
(a) new to a position or place of employment,
(b) returning to a position or place of employment in which the hazards have changed during the employee’s absence,
(c) under 25 years of age and returning to a position or place of employment after an absence of more than six months, or
(d) affected by a change in the hazards of a position or place of employment.
8.2(2)The employer shall ensure that a new employee receives orientation and training specific to the new employee’s position and place of employment before the new employee begins work.
8.2(3)Despite subsection (2), if the employer is satisfied, based on written documentation, that the new employee has satisfactory training from a previous employer or third party, the employer may provide orientation only.
8.2(4)The orientation for a new employee shall include the following:
(a) the name and contact information of the new employee’s supervisor;
(b) the contact information of the committee or the health and safety representative;
(c) the new employee’s rights, liabilities and duties under this Act and the regulations, including reporting requirements and the right to refuse to perform an act under section 19;
(d) the health and safety procedures and codes of practice related to the new employee’s job tasks;
(e) the location of first aid facilities and how to obtain first aid;
(f) the procedures related to the reporting of illnesses and injuries;
(g) the procedures related to emergencies; and
(h) the use of personal protective equipment, if applicable.
8.2(5)The employer shall keep records of the orientation and training of new employees for at least three years.
2013, c.15, s.3
Duties of employer
9(1)Every employer shall
(a) take every reasonable precaution to ensure the health and safety of its employees;
(b) comply with this Act, the regulations and any order made in accordance with this Act or the regulations; and
(c) ensure that its employees comply with this Act, the regulations and any order made in accordance with this Act or the regulations.
9(2)Without limiting the generality of the duties under subsection (1), every employer shall
(a) 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;
(a.1) ensure that the place of employment is inspected at least once a month to identify any risks to the health and safety of its employees;
(b) acquaint an employee with any hazard in connection with the use, handling, storage, disposal and transport of any tool, equipment, machine, device or biological, chemical or physical agent;
(c) provide the information that is necessary to ensure an employee’s health and safety;
(c.1) provide the instruction that is necessary to ensure an employee’s health and safety;
(c.2) provide the training that is necessary to ensure an employee’s health and safety;
(c.3) ensure that work at the place of employment is competently supervised and that supervisors have sufficient knowledge of all of the following with respect to matters that are within the scope of the supervisor’s duties: 
(i) this Act and any regulations under this Act that apply to the place of employment;
(ii) any safety policy for the place of employment;
(iii) any health and safety program for the place of employment;
(iv) any health and safety procedures with respect to hazards in connection with the use, handling, storage, disposal and transport of any tool, equipment, machine, device or biological, chemical or physical agent by employees who work under the supervisor’s supervision and direction;
(v) any protective equipment required to ensure the health and safety of the employees who work under the supervisor’s supervision and direction; and
(vi) any other matters that are necessary to ensure the health and safety of the employees who work under the supervisor’s supervision and direction;
(c.4) ensure that work at the place of employment is sufficiently supervised;
(d) provide and maintain in good condition such protective equipment as is required by regulation and ensure that such equipment is used by an employee in the course of work;
(e) co-operate with a committee, where such a committee has been established, a health and safety representative, where such a representative has been elected or designated, and with any person responsible for the enforcement of this Act and the regulations.
9(3)An employer shall develop a program for the inspection referred to in paragraph (2)(a.1) with the joint health and safety committee, if any, or the health and safety representative, if any, and shall share the results of each inspection with the committee or the health and safety representative.
2001, c.35, s.3; 2007, c.12, s.2; 2013, c.15, s.4; 2019, c.38, s.4; 2022, c.32, s.5
Duties of supervisors
2019, c.38, s.5
9.1(1)Every supervisor shall
(a) take every reasonable precaution to ensure the health and safety of the employees who work under the supervisor’s supervision and direction;
(b) comply with this Act, the regulations and any order made in accordance with this Act or the regulations;
(c) ensure that the employees under the supervisor’s supervision and direction comply with this Act, the regulations and any order made in accordance with this Act or the regulations; and
(d) co-operate with
(i) a committee, if a committee has been established,
(ii) a health and safety representative, if a representative has been elected or designated, and
(iii) any person responsible for the enforcement of this Act and the regulations.
9.1(2)Without limiting the generality of the duties under subsection (1), every supervisor shall
(a) acquaint the employees under the supervisor’s supervision and direction with any hazard in connection with the use, handling, storage, disposal and transport of any tool, equipment, machine, device, or biological, chemical or physical agent;
(b) provide the information that is necessary to ensure the health and safety of the employees under the supervisor’s supervision and direction; and
(c) provide the instruction that is necessary to ensure the health and safety of the employees under the supervisor’s supervision and direction.
2019, c.38, s.5
Duties of contractor and subcontractor
10Every contractor and sub-contractor shall
(a) comply with this Act, the regulations and any order made in accordance with this Act or the regulations; and
(b) for every project site for which the contractor or sub-contractor, as the case may be, is responsible, take every reasonable precaution to ensure the health and safety of any person having access to such project site.
2022, c.32, s.6
Duties of contracting employer
10.1(1)Repealed: 2019, c.38, s.6
10.1(2)A contracting employer who directs the activities of one or more employers involved in work at a place of employment shall ensure, as far as is reasonably practicable to so do, that each employer complies with this Act and the regulations in respect of that place of employment.
10.1(3)Every contracting employer shall comply with this Act, the regulations and any order made in accordance with this Act or the regulations.
10.1(4)Notwithstanding subsection 3(1), this section does not apply to a place of employment that is a private home.
2001, c.35, s.4; 2004, c.4, s.1; 2019, c.38, s.6
Duties of owner
11Every owner of a place of employment or part thereof shall
(a) comply with this Act, the regulations and any order made in accordance with this Act or the regulations; and
(b) take every reasonable precaution to ensure the health and safety of any person having access to or using that place of employment or part thereof.
2001, c.35, s.5
Duties of employee
12Every employee shall
(a) comply with this Act, the regulations and any order made in accordance with this Act or the regulations;
(b) conduct themselves to ensure their own health and safety and that of other persons at, in or near the employee’s place of employment;
(c) report to the employer or supervisor the existence of any hazard of which the employee is aware;
(d) wear or use such protective equipment as is required by regulation;
(e) consult and co-operate with the committee where one has been established or with the health and safety representative where one has been elected or designated; and
(f) co-operate with any person responsible for the enforcement of this Act and the regulations.
2001, c.35, s.6; 2007, c.12, s.3; 2019, c.38, s.7; 2022, c.32, s.7
Duties of supplier
13Every supplier shall
(a) take every reasonable precaution to ensure that any tool, equipment, machine or device or any biological, chemical or physical agent supplied by the supplier
(i) is reasonably safe when used as directed by the supplier or in accordance with the directions supplied by the supplier, and
(ii) complies with this Act and regulations;
(b) provide directions respecting the safe use of any tool, equipment, machine or device or any biological, chemical or physical agent obtained by an employer to be used at a place of employment by employees; and
(c) ensure that any biological, chemical or physical agent supplied by the supplier is labelled in accordance with the applicable federal and provincial regulations.
2022, c.32, s.8
JOINT HEALTH AND
SAFETY COMMITTEES
Joint Health and Safety Committees
14(0.1)This section does not apply to a project site.
14(1)Every employer with twenty or more employees regularly employed at a place of employment shall ensure the establishment of a joint health and safety committee.
14(1.1)Repealed: 2007, c.12, s.4
14(2)A committee shall consist of such number of persons as may be agreed to by the employer and the employees.
14(3)A committee shall consist of equal representation from both the employer and the employees, and the employer shall designate the employer’s representative or representatives and the employees shall designate their representative or representatives.
14(4)Where the employer and employees cannot agree on the size of the committee, the Chief Compliance Officer may establish its size.
14(5)The employer and employee members of a committee shall elect a co-chair from their respective groups.
14(6)Subject to section 16, a committee shall meet at least once a month.
14(7)Repealed: 2007, c.12, s.4
14(8)A committee shall take and maintain minutes of its meeting on a form approved by the Commission.
14(9)The employer at a place of employment shall ensure that the names of the members of the committee of the place of employment and the minutes of the most recent committee meeting are posted in a prominent place or places at the place of employment.
14(10)A copy of the minutes signed by the co-chairs of the committee shall be sent to the Commission.
14(11)Repealed: 2007, c.12, s.4
14(12)Repealed: 2007, c.12, s.4
14(13)Where a committee cannot agree on a matter related to health and safety, the committee shall call an officer to resolve the problem.
1985, c.64, s.2; 2001, c.35, s.7; 2007, c.12, s.4; 2022, c.32, s.9
Approved organizations that provide educational programs
2019, c.16, s.3
14.01With respect to an educational program prescribed by the regulations, the Commission may approve
(a) an organization to deliver the educational program,
(b) the content and duration of the educational program delivered by the approved organization, and
(c) any other term and condition on which an approved organization may deliver the educational program.
2019, c.16, s.3
Training for committee members — non-project site
14.1(1)This section does not apply to a project site.
14.1(2)An employer shall ensure that each person who is designated to serve on a joint health and safety committee
(a) has attended an educational program as prescribed by the regulations, or
(b) attends an educational program prescribed by the regulations within twelve months after being designated, if the person has not attended such program.
14.1(3)Subsection (2) does not apply to a person who, immediately before the commencement of this section, was a member of the committee at a place of employment, but only for so long as that person continues to be a member of the committee at that place of employment.
14.1(4)A person referred to in subsection (3) may attend an educational program prescribed by the regulations if the committee of which the person is a member recommends to the employer that the person attend, and the employer grants leave to the person.
14.1(5)Where an employer does not grant leave in accordance with subsection (4), the Commission may order the employer to grant the person leave to attend the educational program.
14.1(6)Each member of the committee shall, for the periods during which the member is taking any educational program required under this Act that relates to the member’s service on the committee or during which the member is attending any committee meetings, receive pay at the member’s rate and other benefits to which the member would otherwise be entitled.
2007, c.12, s.5; 2022, c.32, s.10
Joint health and safety committees for project site — general
14.2(1)This section applies to a joint health and safety committee that is established for a project site.
14.2(2)The employer and employee representatives of a committee shall each elect a co-chair from their respective groups.
14.2(3)A committee, unless it is dissolved under subsection 14.3(6), continues until work on the project site is completed, regardless of the number of employees working on the site.
14.2(4)A committee shall meet at least once a month.
14.2(5)A committee shall
(a) take and maintain minutes of its meeting on a form approved by the Commission,
(b) promptly provide the contractor with a copy of the minutes signed by the co-chairs of the committee, and
(c) send a copy of the minutes signed by the co-chairs of the committee to the Commission.
14.2(6)Where a committee cannot agree on a matter related to health and safety, the committee shall call an officer to resolve the problem.
14.2(7)Section 15 applies with the necessary modifications to a committee and the contractor on a project site, except as follows:
(a) the reference to “employer” in paragraph (d) shall be read as “employers on the site”;
(b) the reference to “employer” in paragraph (g) shall be read as “employers”;
(c) subparagraph (k)(ii) shall be read as follows:
(ii) may be assigned to a committee by agreement between the committee and the contractor, or
14.2(8)A contractor who is responsible for a project site for which a committee is established shall ensure that
(a) the names of the members of the committee are posted in a prominent place or places at the project site, and
(b) the minutes of the most recent committee meeting are promptly posted in a prominent place or places at the project site.
2007, c.12, s.5; 2022, c.32, s.11
Joint health and safety committees — medium-sized project site
14.3(1)This section applies to a project site where
(a) work on the site has continued for more than ninety days, and
(b) thirty or more employees but fewer than five hundred employees work at the site.
14.3(2)A contractor who is responsible for a project site shall ensure that a joint health and safety committee is established within two weeks after the criteria set out in subsection (1) have been met.
14.3(3)A contractor shall ensure that a committee
(a) is constituted of both employer and employee representatives, of which not less than half of the representatives are designated by employees in accordance with this section,
(b) has at least two employee representatives designated by employees in accordance with this section, and
(c) has at least one person designated by the contractor as the representative of the contractor.
14.3(4)Where an employer has six or more employees working at a project site,
(a) the employer may designate a person to serve on the committee as an employer representative, and
(b) the employees shall designate a person to serve on the committee as an employee representative.
14.3(5)Nothing in subsection (4) prevents employees who work for one employer from designating an employee who works for another employer to serve on the committee as an employee representative.
14.3(6)If the number of employees working at the site at any time exceeds four hundred and ninety-nine, the committee established under this section is dissolved, and the contractor shall establish a committee in accordance with section 14.4.
14.3(7)The documents, minutes, records and any other material of the committee that is dissolved become the documents, minutes, records and material of the committee that is subsequently established.
2007, c.12, s.5
Joint health and safety committees — large project site
14.4(1)In this section, “trade” means a trade prescribed by regulation and includes any trade designated by a committee under subsection (8).
14.4(2)This section applies to a project site that has five hundred or more employees working on the site at any time.
14.4(3)A contractor who is responsible for a project site shall ensure that a joint health and safety committee is established within two weeks after the criterion set out in subsection (2) has been met.
14.4(4)A contractor shall ensure that a committee
(a) is constituted of both employer and employee representatives, of which not less than half of the representatives are designated by employees in accordance with this section,
(b) has at least two employee representatives designated by employees in accordance with this section, and
(c) has at least one person designated by the contractor as the representative of the contractor.
14.4(5)Where there are one or more employers engaged in work on a project site and the employees of those employers are working in the same trade at the site, the employees working in that trade shall designate a person to serve on the committee as an employee representative.
14.4(6)Nothing in subsection (5) prevents employees who work in one trade from designating a person who works in another trade to serve on the committee as an employee representative.
14.4(7)Nothing in this section prevents employers who provide services in one trade from designating a person who is a employer who provides services in another trade to serve on the committee as an employer representative.
14.4(8)Where a committee is of the opinion that it is desirable to have a representative from a trade that has not been prescribed by regulation, the committee may designate the trade for the purposes of the definition “trade” in subsection (1) and shall promptly advise the contractor that the trade has been designated, and the contractor shall ensure that the employers and employees in that trade are advised of the designation.
14.4(9)Subsections (4) to (7), inclusive, apply in respect of a trade designated under subsection (8).
2007, c.12, s.5
Training for committee members — project site
14.5(1)This section applies to a project site.
14.5(2)On and after the date that is one year after the commencement of this section, no person may be elected to be a co-chair of a joint health and safety committee unless the person has attended an educational program prescribed by the regulations.
14.5(3)On and after the date that is two years after the commencement of this section, no person may be designated to serve on a committee unless the person has attended an educational program prescribed by the regulations.
14.5(4)Subsections (2) and (3) do not apply if the person designated to serve on a committee was a member of a committee or a health and safety representative on a project site at any time within the twelve months previous to the commencement of this section.
14.5(5)A person referred to in subsection (4) may attend an educational program prescribed by the regulations if the committee of which the person is a member recommends to the employer that the person attend, and the employer grants leave to the person.
14.5(6)Where an employer does not grant leave under subsection (5), the Commission may order the employer to grant the person leave to attend the educational program.
14.5(7)Each member of a committee shall, for the periods during which the member is taking any educational program required under this Act that relates to the member’s service on the committee or during which the member is attending any committee meetings, receive pay at the member’s rate and other benefits to which the member would otherwise be entitled.
2007, c.12, s.5; 2022, c.32, s.12
Functions of committee
15A committee may
(a) make recommendations for the establishment and enforcement of policies involving health and safety practices;
(b) participate in the identification and control of health and safety hazards at the place of employment;
(c) inform employees, supervisors and the employer of existing or potential hazards at the place of employment and of the nature of the risks to their health and safety;
(d) establish and promote health and safety programs for the education and information of the employer, supervisors and employees;
(e) receive, consider and make recommendations to the employer or a supervisor regarding complaints respecting the health and safety of the employees at the place of employment;
(f) maintain records respecting the receipt of, the consideration of and recommendations respecting complaints;
(g) obtain information from the employer respecting the identification of existing or potential hazards of conditions, tools, equipment, devices and machines at the place of employment;
(h) carry out monitoring and measuring procedures by trained committee members where the Commission has determined there is a need for regular monitoring and measuring at the place of employment and has directed the committee to carry out such monitoring and measuring;
(i) investigate any matter referred to in paragraph (e);
(j) participate in all inspections, inquiries and investigations concerning the health and safety of employees, and in particular the investigation of any matter referred to in section 43;
(k) perform any other duties that
(i) the Commission may assign to a committee,
(ii) may be assigned to a committee by agreement between the employer and the employees, or
(iii) are prescribed by this Act or the regulations.
2019, c.38, s.8
Meetings of committee
16(1)Where the nature of employment at a place of employment presents a low risk to the health or safety of employees at the place of employment, the Commission may, upon receipt of an application from the committee and after such consultation with any interested persons as it considers advisable, reduce the frequency of committee meetings, if the standard of health and safety of the employees is not thereby materially affected.
16(2)Where meetings as scheduled by a committee could cause a disruption to the normal operations at a place of employment, the Commission may, upon receipt of an application from the employer and in consultation with the committee, schedule the time for the meetings of the committee.
HEALTH AND SAFETY
REPRESENTATIVES
Health and safety representatives
17(0.1)This section does not apply to a project site.
17(1)Subject to subsection (2), every employer with not fewer than five and not more than nineteen employees regularly employed at a place of employment shall establish a safety policy in respect of that place of employment which shall set out the responsibilities of the employer, supervisors and employees and which may include provision for a health and safety representative.
17(2)Where the nature of employment at a place of employment presents a high risk to the health and safety of employees or where the accident record of a place of employment is higher than is normal for that place of employment or for similar places of employment, the Commission may require an employer to establish and file with the Commission a safety policy that includes provision for a health and safety representative.
17(3)Where a safety policy established under subsection (1) or (2) includes provision for a health and safety representative, the employees shall elect a health and safety representative.
17(4)The employer shall post the name of the elected health and safety representative in a prominent place or places at the place of employment.
2007, c.12, s.6; 2019, c.38, s.9
Health and safety representatives — project site
17.1(1)This section applies to a project site
(a) with more than five but fewer than thirty employees working on the site, regardless of the length of time work is carried out on the site, or
(b) where work carried out on the site has not exceeded ninety days, and thirty or more but fewer than five hundred employees work on the site.
17.1(2)On and after the date that is one year after the commencement of this section, no person may be designated as a health and safety representative unless the person
(a) has attended an educational program prescribed by the regulations, or
(b) has served as a health and safety representative or as a member of a joint health and safety committee on a project site within the twelve months preceding the commencement of this section.
17.1(3)Subject to subsection (4), the contractor and the employees working on a project site shall jointly designate a health and safety representative within two weeks
(a) after work on the project site has commenced,
(b) after a person designated as a health and safety representative resigns, is removed or ceases to work at the site, and
(c) after any increase in the number of employees working on the site warrants another designation.
17.1(4)Subject to subsection (5), health and safety representatives shall be designated as follows:
(a) for five to fifty employees working at the site – one representative; and
(b) for every fifty employees thereafter working at the site, or any portion in excess of a multiple of fifty – one representative.
17.1(5)Where the contractor and the employees working at the site are unable to agree on a joint designation under subsection (3), the employees shall designate a health and safety representative within one week after the applicable period set out in subsection (3), and the contractor may designate a health and safety representative within the same period, and subsequent health and safety representatives shall be designated by the employees and may be designated by the contractor in accordance with subsection (4).
17.1(6)A person who is designated as a health and safety representative remains in the position until the person resigns, is removed, no longer works at the site or a committee is established under section 14.3 or 14.4.
17.1(7)Section 18 applies with the necessary modifications to health and safety representatives and a contractor on a project site.
17.1(8)Each health and safety representative shall, for the periods during which the health and safety representative is taking any educational program required under this Act that relates to service as a health and safety representative, receive pay at the rate and other benefits to which the health and safety representative would otherwise be entitled.
17.1(9)A person referred to in paragraph (2)(b) may attend an educational program prescribed by the regulations if the person requests the training and the employer grants leave to the person.
17.1(10)Where an employer does not grant leave under subsection (9), the Commission may order the employer to grant the person leave to attend the educational program.
17.1(11)The contractor shall post the name of the health and safety representatives in a prominent place or places at the project site.
2007, c.12, s.7; 2022, c.32, s.13
Function of health and safety representatives
18(1)A health and safety representative may do anything that a committee may do under section 15.
18(2)A health and safety representative shall consult regularly with the employer in the course of the health and safety representative’s activities.
18(3)Where the employer and a health and safety representative cannot agree on a matter related to health or safety, the health and safety representative shall call an officer to resolve the problem.
2022, c.32, s.14
RIGHT TO REFUSE
Employee’s right to refuse to do any act
19An employee may refuse to do any act where the employee has reasonable grounds for believing that the act is likely to endanger their health or safety or the health or safety of any other employee.
2001, c.35, s.8; 2022, c.32, s.15
Duty to report and take or recommend remedial action
20(1)Any employee who believes that an act is likely to endanger the employee’s or any other employee’s health or safety shall immediately report their concern to their supervisor, who shall promptly investigate the situation in the presence of the employee.
20(2)If a supervisor finds that the employee has reasonable grounds for believing that an act is likely to endanger the employee’s health or safety or the health or safety of any other employee, the supervisor shall take appropriate remedial action or recommend appropriate remedial action to the employer.
20(3)If a supervisor finds the employee does not have reasonable grounds for believing that an act is likely to endanger the employee’s health or safety or the health or safety of any other employee, the supervisor shall advise the employee to do that act.
20(4)If an employee has made a report under subsection (1) and the matter has not been resolved to the employee’s satisfaction, the employee shall refer the matter to a committee or, where there is no committee, to an officer.
20(5)Upon receipt of a referral under subsection (4), the committee shall promptly investigate the situation.
20(6)Where a committee finds that the employee has reasonable grounds for believing that an act is likely to endanger the employee’s health or safety or the health or safety of any other employee, the committee shall recommend appropriate remedial action to the employer.
20(7)Where a committee finds that the employee does not have reasonable grounds for believing that an act is likely to endanger the employee’s health or safety or the health or safety of any other employee, the committee shall advise the employee to do that act.
20(8)Where a matter has been referred to a committee under subsection (4) and the matter is not resolved to the satisfaction of the employee, the employee shall refer the matter to an officer.
20(9)Upon receipt of a referral under subsection (4) or (8), the officer shall promptly investigate the situation and make the officer’s findings known in writing as soon as is practicable to the employer, the employee and the committee, if any, as to whether the employee has reasonable grounds for believing that an act is likely to endanger the employee’s health or safety or the health and safety of any other employee.
20(10)Where, on a referral to an officer under subsection (4) or (8), the officer finds that an employee has reasonable grounds for believing that an act is likely to endanger the employee’s health or safety or the health or safety of any other employee, the officer shall order appropriate remedial action to be taken by the employer.
20(11)Where, on a referral to an officer under subsection (4) or (8), the officer finds that an employee does not have reasonable grounds for believing that an act is likely to endanger the employee’s health or safety or the health or safety of any other employee, the officer shall advise the employee in writing to do that act.
20(11.1)Subsections 32(2) and (3) apply with the necessary modifications to advice given in writing by an officer under subsection (11).
20(12)Pending any investigation under this section or, if an appeal is taken by an employee against the advice of an officer given under subsection (11), pending the decision of the Chief Compliance Officer, the employee shall remain available at a safe place near the employee’s work station during the employee’s normal work hours.
2001, c.35, s.9; 2004, c.4, s.2; 2019, c.38, s.10; 2022, c.32, s.16
Protection of employee’s right
21(1)An employee’s right under section 19 to refuse to do any act is protected,
(a) if the employee has reported the employee’s concern to their supervisor under section 20,
(i) until remedial action recommended by the supervisor under section 20 is taken by the supervisor or employer to the employee’s satisfaction, or
(ii) until the supervisor has advised the employee under section 20 to do that act;
(b) if the employee has referred the matter to a committee under section 20,
(i) until remedial action recommended by the committee under section 20 is taken by the employer to the employee’s satisfaction, or
(ii) until the committee has advised the employee under section 20 to do that act;
(c) if the employee has referred the matter to an officer under section 20,
(i) until remedial action ordered by the officer under section 20 is taken by the employer to the officer’s satisfaction, or
(ii) until the officer has advised the employee under section 20 to do that act, and
(d) if the employee has appealed the advice of an officer given under subsection 20(11) to the Chief Compliance Officer, until the decision of the Chief Compliance Officer is rendered.
21(2)Where an employee has refused to do an act pursuant to section 19, the employer or supervisor shall not assign another employee to perform that act unless that other employee has been advised by the employer or supervisor of such refusal and the reasons therefor and of the employee’s rights under this Act.
2001, c.35, s.10; 2004, c.4, s.3; 2019, c.38, s.11; 2022, c.32, s.17
Reassignment
22(1)Subject to subsection (2), where an employee has refused to do an act pursuant to section 19 and the employee’s right to refuse is protected under section 21, the employer or supervisor may reassign the employee temporarily to perform other acts or to other work that is reasonably equivalent to the acts or work the employee normally performs and the employer shall pay that employee the same wages and grant the employee the same benefits that they would have received if they had not refused to do the act.
22(2)Where a collective agreement is in force, any reassignment referred to in subsection (1) shall be made in accordance with the collective agreement.
2019, c.38, s.12; 2022, c.32, s.18
No reassignment
23Where an employee has reasonably refused to do an act pursuant to section 19, the employee’s right to refuse is protected under section 21 and the employee has not been reassigned to do other acts or work under section 22, the employer shall pay that employee the same wages and grant the employee the same benefits that they would have received if they had not refused to do the act.
2022, c.32, s.19
DISCRIMINATORY ACTION
Discriminatory action prohibited
24(1)No employer, supervisor or union shall
(a) take any discriminatory action against an employee, or
(b) threaten to take any discriminatory action against an employee or intimidate or coerce any employee,
because the employee has sought the enforcement of this Act, the regulations or an order made in accordance with this Act or the regulations, or has acted in compliance with this Act, the regulations or an order made in accordance with this act or the regulations or has sought enforcement of the Smoke-free Places Act or the regulations or an order made under that Act as that Act or the regulations or orders under that Act relate to a place of employment under this Act.
24(2)A reassignment under section 22 is not discriminatory action under this section.
2004, c.S-9.5, s.17; 2019, c.38, s.13
Complaint of discriminatory action
25(1)Where an employee complains that an employer, supervisor or union has violated section 24, the employee may either have the matter dealt with by final and binding settlement by arbitration under a collective agreement, if any, or file a complaint in writing with the Commission.
25(1.1)A complaint referred to in subsection (1) shall be filed with the Commission not later than one year after the violation of section 24 complained of.
25(2)Where the Commission receives a complaint referred to in subsection (1) within the time limit prescribed in subsection (1.1), the Commission shall refer the complaint to an arbitrator whom the Commission shall appoint.
1985, c.64, s.3; 2019, c.38, s.14
Powers and findings by arbitrator
26(1)An arbitrator has all the powers of an arbitrator under the Industrial Relations Act.
26(2)Where an arbitrator makes a finding that the action of the employer, supervisor or union was discriminatory or that an employer or union has threatened discriminatory action or intimidated or coerced an employee, the arbitrator shall make an order in writing which may include
(a) an order to the employer, supervisor or union to cease the discriminatory action;
(b) an order to an employer to reinstate the employee to their former employment under the same terms and conditions under which the employee was formerly employed;
(c) an order to the employer to pay to the employee any wages the employee lost because the employee was wrongfully discriminated against; or
(d) an order to the employer or union that any reprimand or other reference to the matter in the employer’s or union’s records on the employee’s conduct be removed.
26(3)After investigating a complaint, an arbitrator shall give findings in writing with reasons therefor and any order made under subsection (2) to the Commission, to the employer or union and to the employee.
26(4)Where an order is made under this section and it appears to a party bound by the order that the arbitrator has failed to deal with any matter of difference, or that a term of the order requires clarification, such party may, within fourteen days after the making of the order, request the arbitrator to deal with the matter and, upon such request, the arbitrator shall deal with the matter of the request in the same manner as in the case of a complaint initially before the arbitrator.
26(5)Any party to whom an order of an arbitrator under this section applies may, within thirty days after being notified of the order, apply by Notice of Application to a judge of The Court of King’s Bench of New Brunswick to review and set aside the order on the ground that it was made
(a) without jurisdiction, or
(b) on the basis of an error in law.
26(6)The Notice of Application shall be served by the appellant on the Commission and the other parties to the proceedings in accordance with the Rules of Court.
26(7)Upon service under subsection (6), the Commission and the arbitrator shall deliver to the clerk of The Court of King’s Bench of New Brunswick for the judicial district in which the application is to be heard all documents in their possession relating to the application and a copy of the order.
26(8)Repealed: 2001, c.35, s.11
26(9)After hearing the application, the judge may make any order in accordance with Rule 69.13 of the Rules of Court that the judge considers appropriate.
26(10)Where an application under subsection (5) is dismissed, the judge shall make an order establishing the date on which the order made under subsection (2) is to be effective.
26(11)To the extent that they are not inconsistent with the provisions of this section, the Rules of Court apply in respect of an application made under subsection (5).
26(12)In this section “arbitrator” means an arbitrator appointed under subsection 25(2).
1994, c.70, s.5; 2001, c.35, s.11; 2019, c.38, s.15; 2022, c.32, s.20; 2023, c.17, s.178
Enforcement of order made by arbitrator
27(1)Where an employer, supervisor or union fails to comply with any terms of an order made under section 26, the employee or the Commission may, after the expiry of the period referred to in subsection 26(5), file a copy of the order in The Court of King’s Bench of New Brunswick.
27(2)An order filed in The Court of King’s Bench of New Brunswick under subsection (1) shall be entered and recorded in the Court and when so entered and recorded becomes a judgment of the Court and may be enforced as such against the person designated therein.
2019, c.38, s.16; 2023, c.17, s.178
POWERS AND DUTIES OF OFFICERS
Powers of officers
28(1)For the purpose of carrying out the provisions of this Act or the regulations, in all matters that relate to the health and safety of employees, an officer may
(a) at any reasonable hour and without notice, enter upon and inspect any place or thing that the officer believes to be a place of employment, and at that place of employment conduct any tests, take photographs, make recordings, take any samples and make any examinations that the officer considers necessary or advisable;
(b) require the production of, inspect and take copies of any records, books, plans or other documents;
(c) upon giving receipt therefor, remove any material referred to in paragraph (b) that relates to the purpose of the inspection for the purpose of making a copy thereof, if such copying is carried out with reasonable dispatch and the material in question is promptly thereafter returned to the person being inspected;
(d) inspect and take samples of any material, product, tool, equipment, machine or device being produced, used or found at the place of employment for which the officer shall be responsible until the material, product, tool, equipment, machine or device is returned to the person being inspected;
(e) make such examinations and inquiries as the officer considers necessary for the purpose of ascertaining whether the provisions of this Act, the regulations or an order are being complied with;
(f) make such investigation as the officer considers necessary into the cause and particulars of any incident, accident or occupational disease occurring at a place of employment, and in conducting such investigation examine any person who in the opinion of the officer has knowledge of the incident, accident or disease that has occurred;
(g) order that the place of employment, or part thereof, or anything therein, be left undisturbed for such time as is reasonably necessary for any of the purposes specified in paragraphs (d) and (f).
28(2)For the purposes of carrying out the provisions of this Act or the regulations, an officer may be accompanied by a technical expert who may carry out such examinations and inspections and take such samples as directed by the officer.
28(3)Any copy made as provided in subsection (1) and purporting to be certified by an officer is admissible in evidence in any action, proceeding or prosecution as prima facie proof of the original without proof of the signature or official character of the person appearing to have signed the certificate.
2001, c.35, s.12; 2022, c.32, s.21
Officer to be accompanied when carrying out inspection
29Where an officer carries out any inspection in accordance with this Act, the officer shall be accompanied by an employee and employer committee member or by representatives of each group where no committee exists, or where committee members are not available.
1985, c.64, s.4
Production of identification card
30An officer shall, on demand, produce the officer’s identification card signed by the President and Chief Executive Officer of the Commission.
1991, c.63, s.7; 1994, c.70, s.5; 2022, c.32, s.22
Orders given by officers
31(1)An officer may give an order, orally or in writing, to any person for the carrying out of any matter or thing regulated, controlled or required by this Act or the regulations, and may require that the order be carried out within the time that the officer specifies.
31(2)Where an officer makes an oral order under subsection (1), the officer shall make the order in writing before the officer leaves the place of employment.
2022, c.32, s.23
Idem
32(1)Where an officer is of the opinion that unsafe or unhealthy working conditions may exist at a place of employment or that there may be a source of danger to the health or safety of persons employed therein or having access thereto, the officer may make an order, in writing, to the owner of the place of employment, the employer, contracting employer, contractor, sub-contractor, supervisor, employee or a supplier directing them immediately or within the time specified in the order to do any or all of the following:
(a) to suspend all work, or any portion of the work, where there exist unsafe or unhealthy working conditions or where the work contributes to the source of danger;
(b) to take measures for guarding or controlling the source of danger;
(c) to take measures to protect the health or safety of any person where there exists unsafe or unhealthy working conditions or where the work contributes to the source of danger;
(d) to take such measures as the officer considers necessary to ensure compliance with this Act and the regulations.
32(2)Where an officer makes an order in writing, the officer shall serve it on the owner, employer, contracting employer, contractor, sub-contractor, supervisor, employee or supplier affected by the order.
32(3)For the purposes of this section, service of an order may be given
(a) by personal service in accordance with the Rules of Court under the Judicature Act; or
(b) by registered mail.
32(4)Where an officer is of the opinion that any tool, equipment, machine or device does not comply with this Act or the regulations, the officer shall
(a) give notice in writing to the contractor, sub-contractor, owner, operator, supplier or lessee of the tool, equipment, machine or device, that such tool, equipment, machine or device does not comply with this Act or the regulations; and
(b) take any measure or make any order prescribed by regulation that prevents the unauthorized operation or use of such tool, equipment, machine or device.
2001, c.35, s.13; 2019, c.38, s.17; 2022, c.32, s.24
Prohibitions
33No person shall
(a) obstruct or delay an officer in the exercise of the officer’s powers or duties under this Act or the regulations;
(b) knowingly give false information to an officer in the exercise of the officer’s powers or duties under this Act or the regulations;
(c) fail to produce any certificate or document that the person is required to produce by or in pursuance of this Act or the regulations; or
(d) prevent any employee from appearing before or being questioned by an officer.
2022, c.32, s.25
Report to officer
33.1(1)If an officer makes an order, the officer may require that the employer submit a written report to the officer outlining the employer’s compliance with the order.
33.1(2)The written report shall be made within the time period given by the officer.
33.1(3)The written report shall be signed by the employer and a member of the committee or the health and safety representative.
2013, c.15, s.5; 2022, c.32, s.26
Duration of order
34Any order given by an officer under section 32 shall not be rescinded and continues in force until the officer is satisfied that the unsafe work, tool, equipment, machine or device has been remedied and the threat to the health or safety of employees removed.
Provision of copy of order
35(1)Subject to subsection (2), where there is a committee or a health and safety representative at a place of employment and an officer has made an order under section 32, the officer
(a) shall provide the committee or the representative with a copy of the order; and
(b) may post a copy of the order in a prominent place at the place of employment or part thereof.
35(2)Where there is no committee or health and safety representative, the officer shall post a copy of the order in a prominent place at the place of employment or part thereof.
Posting of copy of order
36Where an officer makes an order under section 32 and has posted a copy of the order at the place of employment or part thereof, no person shall
(a) remove such copy of the order unless authorized to do so by an officer; and
(b) where the officer prohibits use of the place of employment, or part thereof, use the place of employment or part thereof except as permitted by the officer.
2022, c.32, s.27
ADMINISTRATIVE PENALTIES
2020, c.19, s.1
Administrative penalties
2020, c.19, s.1
36.1(1)If an officer makes an order in writing under section 31 or 32, the officer may impose an administrative penalty in respect of any contravention of the Act or the regulations specified in the order.
36.1(2)An administrative penalty shall be imposed within 14 days after the date the order was served, unless the Commission extends the period within which the administrative penalty may be imposed.
2020, c.19, s.1
Administrative penalty and offence
2020, c.19, s.1
36.2(1)A person subject to an administrative penalty shall not be charged with an offence under this Act in respect of the same contravention that gave rise to the administrative penalty.
36.2(2)A person charged with an offence under this Act shall not be subject to an administrative penalty in respect of the same contravention that gave rise to the charge.
2020, c.19, s.1
Amount of administrative penalty
2020, c.19, s.1
36.3(1)An administrative penalty payable by an employer, contracting employer, contractor, subcontractor or supplier under section 36.1 may be in an amount
(a) up to $500 for a first contravention,
(b) up to $1,000 for a second contravention, and
(c) up to $2,000 for a third or subsequent contravention.
36.3(2)An administrative penalty payable by a supervisor or an owner under section 36.1 may be in an amount
(a) up to $250 for a first contravention,
(b) up to $500 for a second contravention, and
(c) up to $1,000 for a third or subsequent contravention.
36.3(3)An administrative penalty payable by an employee under section 36.1 may be in an amount
(a) up to $100 for a first contravention,
(b) up to $200 for a second contravention, and
(c) up to $500 for a third or subsequent contravention.
36.3(4)A contravention of a provision of the Act or the regulations by a person shall be deemed to be a first contravention if a period of three years has elapsed since the person was issued a notice of administrative penalty for any contravention of this Act or the regulations.
36.3(5)When a contravention of the Act or the regulations continues for more than one day, the amount of the administrative penalty payable shall be the product of
(a) the penalty imposed under subsection (1), (2) or (3), and
(b) the number of days that the contravention continues.
2020, c.19, s.1
Notice of administrative penalty
2020, c.19, s.1
36.4(1)An officer shall impose an administrative penalty by issuing a notice of administrative penalty that includes the following documents and information: 
(a) the name of the person required to pay the administrative penalty;
(b) the provision of this Act or the regulations that the person contravened, a copy of the inspection report or order and the date on which the contravention occurred;
(c) a description of the contravention;
(d) the amount of the administrative penalty and the consequences for failing to respond to the notice;
(e) when and how to pay the administrative penalty;
(f) information with respect to the person’s right to appeal under section 37; and
(g) any other information prescribed by regulation.
36.4(2)A notice of administrative penalty shall not be issued more than one year after the officer first had knowledge of the contravention.
36.4(3)Within 14 days of issuing a notice of administrative penalty, an officer shall serve the notice on the person to whom it is directed
(a) in the manner in which personal service may be made under the Rules of Court, or
(b) by registered mail to the person’s latest known address.
2020, c.19, s.1
Payment of administrative penalty
2020, c.19, s.1
36.5(1)Subject to subsection (2), a person shall pay an administrative penalty set out in a notice within 30 days after being served with the notice.
36.5(2)If a person who receives a notice of administrative penalty appeals under subsection 37(1.01) and the Chief Compliance Officer confirms or varies the amount of the administrative penalty, the person shall pay it within 30 days after the Chief Compliance Officer makes the decision.
36.5(3)An administrative penalty is payable to the Commission and shall form part of the Accident Fund.
2020, c.19, s.1
Debt due to the Commission
2020, c.19, s.1
36.6(1)An administrative penalty is an amount owing under this Act and becomes a debt due to the Commission.
36.6(2)The Commission may issue a certificate stating the amount of a debt due and the name of the debtor.
36.6(3)A certificate issued under subsection (2) may be filed in The Court of King’s Bench of New Brunswick and entered and recorded in the Court and when entered and recorded may be enforced as a judgment obtained in the Court by the Commission against the person named in the certificate for a debt of the amount specified in the certificate.
36.6(4)All reasonable costs and charges resulting from the filing, entering and recording of a certificate referred to in subsection (2) may be recovered as if the amount had been included in the certificate.
2020, c.19, s.1; 2023, c.17, s.178
APPEALS
Appeal to Chief Compliance Officer
37(1)An owner, employer, contracting employer, contractor, sub-contractor, supervisor, employee or supplier named in any order given by an officer under this Act or the regulations may, within fourteen days after the date the order was served, appeal that order by application to the Chief Compliance Officer who may confirm, vary, revoke or suspend the order appealed as promptly as is practicable.
37(1.01)An owner, employer, contracting employer, contractor, sub-contractor, supervisor, employee or supplier named in a notice of administrative penalty issued under this Act may, within 14 days after the date the notice was served, appeal the administrative penalty by application to the Chief Compliance Officer who may confirm, vary, revoke or suspend the administrative penalty.
37(1.1)For the purposes of subsection (1), an order of an officer includes advice in writing given to an employee under subsection 20(11).
37(2)An appeal against an order or an administrative penalty in accordance with subsection (1) or (1.01) does not suspend the operation of the order or administrative penalty, as the case may be, but the Chief Compliance Officer may order its suspension until the appeal is disposed of.
37(2.1)Where the decision of the Chief Compliance Officer under this section is appealed under section 21 of the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act, the decision remains in effect until the Appeals Tribunal disposes of the appeal.
37(3)An officer shall provide a copy of any order confirmed, varied, revoked or suspended under this section or by the Appeals Tribunal to the committee where one exists, or to the health and safety representative, if any, and where there is no committee or representative, the officer shall post a copy of the order in a prominent place at the place of employment or any part thereof.
1994, c.70, s.5; 2001, c.35, s.14; 2007, c.12, s.8; 2014, c.49, s.34; 2019, c.38, s.18; 2020, c.19, s.2
Repealed
38Repealed: 1994, c.70, s.5
1994, c.70, s.5
Repealed
39Repealed: 1994, c.70, s.5
1994, c.70, s.5
CONFIDENTIAL INFORMATION
Confidential information
40Except for the purposes of the administration and enforcement of this Act and the regulations or as required by law or under the authority of the Commission
(a) an officer or a technical expert or any other person who at the request of an officer makes an examination, inquiry or a test shall not publish, disclose or communicate to any person any information, material, statement, report or result of any examination, test or inquiry acquired, furnished, obtained, made or received under the powers conferred under this Act or the regulations;
(b) no person shall publish, disclose or communicate to any person any secret manufacturing process or trade secret acquired, furnished, obtained or received under the provisions of this Act or the regulations;
(b.1) no person shall publish, disclose or communicate to any person any information acquired, furnished, obtained or received by or from an agency, board or commission for the purposes of, or in relation to, a determination by the agency, board or commission as to whether information in respect of a hazardous product is confidential business information;
(b.2) no person shall allow any person to inspect or have access to any book, record, writing or other document containing information acquired, furnished, obtained or received by or from an agency, board or commission for the purposes of, or in relation to, a determination by the agency, board or commission as to whether information in respect of a hazardous product is confidential business information;
(b.3) no person shall publish, disclose or communicate to any person any information acquired, furnished, obtained or received under section 40.1;
(c) no person to whom information is communicated under this Act or the regulations shall divulge the name of the informant to any person; and
(d) no person shall disclose any information obtained in any medical examination, test or x-ray of an employee made or taken under this Act except in a form calculated to prevent the information from being identified with a particular person or case.
1988, c.30, s.1; 1994, c.70, s.5; 2015, c.28, s.1
Provision of information to medical practitioner or registered nurse
40.1(1)An employer shall provide, in respect of a hazardous product that is or was present in a place of employment, any information, including confidential business information, that is in the possession of the employer to a medical practitioner or registered nurse who requests information on the hazardous product for the purpose of making a medical diagnosis, or rendering medical treatment to a person, in an emergency.
40.1(2)No person to whom information is provided by an employer under subsection (1) shall disclose or communicate the information, other than to another medical practitioner or registered nurse for the purpose mentioned in that subsection.
1988, c.30, s.2; 2015, c.28, s.2
LIABILITY
Liability
41No action or other proceeding for damages lies or shall be instituted against the New Brunswick Occupational Health and Safety Commission, the former members or officers of the New Brunswick Occupational Health and Safety Commission or an officer appointed by one of them under this Act, for an act or omission done or omitted to be done in good faith in the exercise or intended exercise of any power or duty under this Act or the regulations.
1994, c.70, s.5
TOXIC SUBSTANCES
Toxic substances
42(1)Every employer at a place of employment shall prepare a list, in co-operation with the committee at the place of employment, if one exists, of all biological, chemical or physical agents used, handled, produced or otherwise present at the place of employment which may be hazardous to the health or safety of employees or which are suspected by the employees of being hazardous.
42(1.1)Except where otherwise exempted by the regulations in respect of a claim for an exemption from disclosure of confidential business information in respect of a hazardous product, an employer, in preparing the list referred to in subsection (1), shall identify all such agents referred to in subsection (1) by their common or generic names where they are known to the employer.
42(2)For every biological, chemical or physical agent listed under subsection (1), other than a hazardous product, the employer shall take all reasonable steps to ascertain from suppliers or otherwise and shall record
(a) the ingredients thereof and their common or generic name or names;
(b) the composition and the properties thereof;
(c) the toxicological effect thereof;
(d) the effect of exposure thereto whether by contact, inhalation or ingestion;
(e) the protective measures used or to be used in respect thereof;
(f) the emergency measures used or to be used to deal with exposure in respect thereof; and
(g) the effect of the use, transport, storage and disposal thereof.
42(3)The employer shall ensure that the list referred to in this section is kept current by amendments and shall provide a copy of the current list
(a) to the committee where one exists or to the health and safety representative, if any; and
(b) upon request, to an officer or any employee.
42(4)Where the employer is unable to ascertain the ingredients or composition of any biological, chemical or physical agent listed under subsection (1), other than a hazardous product, the employer shall promptly provide the Commission with the trade name, and the name and address of the manufacturer of the substance.
1988, c.30, s.3; 2007, c.12, s.9; 2015, c.28, s.3; 2022, c.32, s.28
NOTICES AND OTHER INFORMATION
2019, c.16, s.3
Notice to Commission
43(1)The employer shall notify the Commission immediately if an employee suffers an injury resulting in
(a) a loss of consciousness,
(b) an amputation,
(c) a fracture other than a fracture to fingers or toes,
(d) a burn that requires medical attention,
(e) a loss of vision in one or both eyes,
(f) a deep laceration,
(g) admission to a hospital facility as an in-patient, or
(h) death.
43(2)Where an injury is reported under subsection (1), the employer shall immediately give notification to the committee or to the health and safety representative.
43(3)Except as otherwise ordered by an officer, no person shall disturb the scene of an accident that results in serious injury or death except as is necessary
(a) to attend to persons injured or killed;
(b) to prevent further injuries; or
(c) to protect property that is endangered as a result of the accident.
43(4)The employer shall notify the Commission immediately if
(a) an accidental explosion or an accidental exposure to a biological, chemical or physical agent occurs at a place of employment, whether or not a person is injured, or
(b) a catastrophic event or a catastrophic equipment failure occurs at a place of employment that results, or could have resulted, in an injury.
43(5)This section does not apply to a place of employment that is a vehicle if the injury or accident occurs on a public road or highway.
1992, c.52, s.23; 2001, c.35, s.15; 2013, c.15, s.6
Posting of copy of Act and regulations and notices
44(1)Every owner or employer shall keep posted in a prominent place or places at the place of employment where they are most likely to come to the attention of the employees
(a) a copy of this Act and the regulations; and
(b) in addition to such notices and reports as are otherwise required by this Act or the regulations to be posted, any notice which an officer considers advisable to enable employees to become acquainted with their rights, liabilities and duties under this Act and the regulations.
44(2)Subsection (1) does not apply to a vehicle.
2001, c.35, s.16
Commission shall provide web address to employers on registration
2019, c.16, s.3
44.1When a person notifies the Commission under subsection 53.1(1) of the Workers’ Compensation Act of commencing or recommencing a business or undertaking, the Commission shall provide the employer with the web address for the bilingual version of this Act published online by the King’s Printer.
2019, c.16, s.3; 2023, c.17, s.178
OCCUPATIONAL HEALTH SERVICE
Designation, establishment and maintenance of an occupational health service
45(1)The Commission may, having regard to the type of work being carried on, the number of employees employed and the degree of uncertainty of hazard at a place or places of employment, designate a place of employment or a class of places of employment as requiring an occupational health service.
45(2)Where a place of employment has been designated under subsection (1) or is a member of a class of places of employment designated under subsection (1), the employer shall cause an occupational health service to be established and maintained for that place of employment in accordance with the regulations.
MEDICAL EXAMINATIONS
Examinations for occupational disease
46(1)Where the Commission has reason to believe that an employee is or may be affected with an occupational disease, it may request such employee, with the employee’s consent, to undergo a medical examination for the purpose of determining whether or not such employee is affected with an occupational disease.
46(2)Except in accordance with an order of the Commission made on the advice of a medical practitioner, no employer shall, without the consent of the employee, alter in any manner or prejudicially affect the status of such employee by reason of the results of any medical examination carried out under this section.
46(3)A medical examination carried out under this section shall, where practicable, be carried out during the normal working hours of the employee, and the cost shall in all cases be paid by the employer.
46(4)Where an employee is examined during the employee’s normal working hours, the employer shall not make any deductions of wages or other benefits for the time lost by the employee in going to, attending or returning from a medical examination.
46(5)Where a medical practitioner
(a) has attended an employee who became ill or was injured while engaged in the employee’s employment, or
(b) has carried out a medical examination under subsection (1),
the medical practitioner shall, at the request of the Commission, and with the consent of the employee, provide the Commission with such medical reports as it requires in relation to the employee attended or examined.
2001, c.35, s.17; 2022, c.32, s.29
ENFORCEMENT
Offences and penalties
47(1)Every person who violates or fails to comply with any provision of this Act or the regulations or fails to comply with an order made under this Act or the regulations, commits an offence and is liable on conviction
(a) to a fine of not more than $250,000, or
(b) to a term of imprisonment not exceeding six months,
or to both.
47(2)Where an offence under this Act is committed or continued on more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.
1989, c.28, s.2; 1994, c.70, s.5; 2001, c.35, s.18; 2008, c.11, s.22
Additional or alternative penalties
2022, c.32, s.30
47.01(1)In this section, “judge” means judge as defined in the Provincial Offences Procedure Act.
47.01(2)Subject to section 47.02, in addition to or as an alternative to the penalties set out in section 47, if a person is convicted of an offence under this Act, the judge may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order directing the person to pay a sum of money to a party named by the judge to be the recipient of those funds, for any of the following purposes:
(a) supporting
(i) occupational health and safety training or educational programs,
(ii) occupational health and safety research programs,
(iii) occupational health and safety initiatives by non‑profit organizations, or
(iv) scholarships for educational institutions offering studies in occupational health and safety and related disciplines; or
(b) furthering the goal of achieving healthy and safe places of employment.
47.01(3)An order referred to in subsection (2) may specify the amount and the time, place and manner of payment of the sum of money and may impose any other terms and conditions that the judge considers appropriate.
2022, c.32, s.30
Maximum penalty
2022, c.32, s.30
47.02The penalty for an offence under this Act shall not exceed $250,000 whether the penalty is imposed as a fine under paragraph 47(1)(a), in an order under subsection 47.01(2), or partly as a fine and partly in an order.
2022, c.32, s.30
Repealed
47.1Repealed: 1990, c.22, s.36
1989, c.28, s.3; 1990, c.22, s.36
Repealed
47.2Repealed: 1990, c.22, s.36
1989, c.28, s.3; 1990, c.22, s.36
Publishing information relating to convictions
2019, c.16, s.3
47.3The Commission shall publish on the website of the Commission the following information in respect of convictions under this Act: 
(a) the name of the person convicted;
(b) a description of the offence; and
(c) the penalty imposed.
2019, c.16, s.3
Limitation period
48Proceedings in respect of an offence under this Act shall not be commenced except within the later of two years after
(a) the date the offence is alleged to have been committed; and
(b) the date the Commission becomes aware of the alleged offence.
1990, c.22, s.36; 2019, c.38, s.19
Parties to an offence
49Where a corporation has been convicted of an offence under section 47, any officer, director, manager or agent of the corporation who knowingly directed, authorized, assented to, acquiesced or participated in the commission of the offence is a party to the offence.
CODE OF PRACTICE
Code of practice
50(1)An employer shall, when required by regulation, adopt a code of practice specified by regulation or establish a code of practice.
50(2)An employer shall, when required in writing by the Commission, adopt a code of practice specified by the Commission or establish a code of practice.
50(3)The Commission may
(a) require an employer to establish or adopt a code of practice if the employer has not been required by regulation to establish or adopt a code of practice,
(b) require an employer to revise a code of practice adopted or established by the employer under subsection (2), or
(c) revise a code of practice to be adopted by an employer under subsection (2).
50(4)A code of practice shall be posted by an employer in a prominent place at the place of employment.
1988, c.30, s.4
REVIEW OF ACT
2019, c.16, s.3
Review of Act
2019, c.16, s.3
50.1(1)On or before January 1, 2021, and every five years after that, a comprehensive review of the provisions of this Act shall be undertaken as determined by the Commission.
50.1(2)Within two years after a review is undertaken, the Commission shall submit a report on the review to the Minister of Post-Secondary Education, Training and Labour, including a statement of any changes that the Commission recommends.
2019, c.16, s.3
REGULATIONS
Regulations
51The Lieutenant-Governor in Council may make regulations
(a) defining any word or expression used in this Act but not defined in this Act;
(b) providing for a continuing study of health and safety codes, of statistical data pertaining to accidents and accident prevention, of occupational health and hygiene requirements and of safety standards and inspection and enforcement thereof;
(c) respecting the adoption and implementation of appropriate health and safety codes, standards and guidelines with respect to industry generally, to specific industries, to industry sub-groupings or to particular plants or any combination thereof;
(d) prescribing health and safety standards to be complied with at or in places of employment;
(e) prescribing minimum standards of welfare facilities for employees;
(f) establishing conditions as to the design, construction and use of any place of employment in order to protect the health and safety of employees;
(g) prohibiting or regulating the manufacture, supply, storage, handling or use of any tool, equipment, machine or device or the use of any place of employment;
(h) prescribing the measures that may be taken and the orders that may be made by an officer to prevent the unauthorized use and operation of any tool, equipment, machine or device;
(i) respecting the safe use of any place of employment, tools, equipment, machines or devices;
(j) prohibiting or regulating the manufacture, supply, storage, handling or use of any substance, material or biological, chemical or physical agent in order to protect the health and safety of employees;
(j.1) respecting the storage, handling or use of a hazardous product;
(j.2) respecting the labelling or identification of a hazardous product;
(j.2.1) exempting persons or classes of persons from the requirements in relation to labelling or identification of a hazardous product;
(j.3) respecting safety data sheets in respect of a hazardous product;
(j.3.1) exempting persons or classes of persons from the requirements of obtaining or providing a safety data sheet in respect of a hazardous product;
(j.4) respecting employee education, training and instruction in relation to hazardous products;
(j.5) respecting the disclosure of information in respect of a hazardous product, including disclosure of confidential business information;
(j.6) respecting exemptions from disclosure of confidential business information in respect of a hazardous product;
(j.7) respecting the establishment or designation of an agency, board or commission to determine whether information in respect of a hazardous product is confidential business information;
(j.8) respecting the procedures, powers and functions of an agency, board or commission referred to in paragraph (j.7);
(j.9) defining “supplier” for the purposes of regulations made under paragraphs (j.1) to (j.8);
(k) imposing requirements with respect to the testing, labelling or examination of any substance or material in order to protect the health and safety of employees;
(l) imposing requirements with respect to the labelling of biological, chemical or physical agents supplied by a supplier;
(m) requiring and governing the posting of health and safety notices, placards and signs issued by the Commission;
(n) restricting the performance of certain tasks to persons having certain qualifications;
(o) where necessary to ensure the health and safety of employees, requiring the making of arrangements by the employer for the temporary reassignment of work, of any person or persons or of any class of persons, in specified circumstances;
(p) respecting the reporting by medical practitioners and others of employees suffering from, or believed to be suffering from, an occupational disease;
(q) respecting the nature and frequency of medical examinations of employees or any class of employees;
(r) requiring the making of arrangements by employers for the prevention of occupational disease and for securing the health of employees, including arrangements for medical examinations and health surveys;
(s) requiring the making of arrangements by employers for measuring and monitoring the atmospheric or other conditions of places of employment;
(t) respecting
(i) the establishment and maintenance of occupational health services, and
(ii) services that are to be provided by any occupational health service;
(u) respecting the use of protective equipment by employees or classes of employees;
(u.1) respecting codes of practice;
(v) imposing requirements with respect to the employment of persons under eighteen years of age;
(w) requiring the making of reports by employers to the Commission;
(x) respecting the procedures for carrying out inquiries held under section 7;
(y) respecting the appointment of arbitrators by the Commission and the procedures for carrying out arbitrations under section 25;
(z) Repealed: 1994, c.70, s.5
(aa) exempting places of employment from the application of this Act;
(bb) respecting forms for use under this Act;
(cc) respecting records to be kept by employers and submitted to the Commission;
(dd) prescribing the fees payable by employers for inspections required under this Act;
(dd.1) respecting the content, duration, administration and delivery of an educational program for persons who are or may become members of joint health and safety committees and or a health and safety representative;
(dd.2) prescribing trades for the purposes of subsection 14.4(1);
(ee) prescribing duties to be performed by committees and respecting procedures for the operation of committees and the making of reports by committees.
1988, c.30, s.5; 1994, c.70, s.5; 2001, c.35, s.19; 2007, c.12, s.10; 2015, c.28, s.4
Repeal
52The Occupational Health and Safety Act, chapter O-0.1 of the Acts of New Brunswick, 1976, is repealed.
Consequential amendment
53Subsection 41(3) of the Employment Standards Act, chapter E-7.2 of the Acts of New Brunswick, 1982, is repealed and the following substituted therefor:
41(3)Sections 39 and 40 are subject to the provisions of the Occupational Health and Safety Act respecting the employment of a child.
Commencement
54This Act or any provision thereof comes into force on a day to be fixed by proclamation.
N.B. This Act was proclaimed and came into force March 16, 1984.
N.B. This Act is consolidated to June 16, 2023.