Acts and Regulations

2004-130 - First Aid

Table of contents
Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2004-130
under the
Occupational Health and
Safety Act
(O.C. 2004-471)
Filed November 17, 2004
Under section 51 of the Occupational Health and Safety Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the First Aid Regulation - Occupational Health and Safety Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Occupational Health and Safety Act. (Loi)
“competent” , in relation to an employee, means (compétent)
(a) qualified, because of knowledge, training and experience, to do assigned work in a manner that will ensure the health and safety of persons in the place of employment,
(b) knowledgeable about the provisions of the Act and the regulations that apply to the assigned work, and
(c) knowledgeable about potential or actual danger to health or safety connected with the assigned work.
“CSA” means the CSA Group.(CSA)
“first aid provider” means a person designated by an employer under subsection 7(1) and includes a workplace first aider as defined in CSA Group standard Z1210-17 (R2021), First aid training for the workplace – Curriculum and quality management for training agencies.(secouriste)
“high hazard work” means work that carries a greater likelihood of injury or damage to health and a greater severity of potential injury because of the place of employment or the nature of the work, and includes work carried out (travail à risque élevé)
(a) at a project site or mine,
(b) in a confined space or in an isolated area where emergency medical help is not in close proximity to the work area,
(c) on electrical transmission, generation or distribution systems,
(d) at foundries or machine shops,
(e) at gas, oil or chemical processing plants, steel or other base metal processing plants,
(f) at woodland operations, sawmills or lumber processing plants,
(g) at brewery or beverage processing plants, meat packing or processing plants, and
(h) with explosives or heavy equipment.
2008-127; 2020-36; 2023-45
Application
3This Regulation does not apply to a place of employment that is a ferry, a train or a vehicle used or likely to be used by an employee.
Employer responsibilities
4(1)Subject to subsections (2) and (3), an employer shall provide and maintain first aid kits, first aid providers and first aid rooms at a place of employment in accordance with the standards established in subsection 7(0.1) and with Schedule A for the maximum number of employees present during a shift.
4(2)Subject to subsection (3), where a place of employment is a project site, the contractor shall provide and maintain first aid kits, first aid providers and first aid rooms in accordance with the standards established in subsection 7(0.1) and with Schedule A for all persons having access to the project site, and the provisions of this Regulation that apply to an employer apply to a contractor at every project site for which the contractor is responsible for the health and safety of persons having access to the project site.
4(3)The requirements set out in this Regulation are minimum requirements, and each employer shall assess the risks that employees are likely to encounter at a place of employment and shall ensure that there are adequate first aid supplies, equipment, services and facilities in place for the provision of first aid, having regard to those risks.
2023-45
Emergency communication procedure
5(1)An employer shall ensure that an emergency communication procedure is established in order for employees to summon assistance in the event of an illness or accident of an employee.
5(2)The communication procedure shall
(a) be in writing,
(b) describe how to contact assistance,
(c) provide directions to the place of employment and instructions as to how to access the place of employment, and
(d) be posted in a conspicuous place at the place of employment.
5(3)Where the posting of the emergency communication procedure is not practicable, an employer shall ensure that each employee is informed of the contents of the emergency communication procedure.
Emergency transportation
6(1)An employer shall prepare, in writing, a transportation procedure that describes arrangements for the transportation of injured or ill employees from the place of employment to the nearest health care facility.
6(2)Where it is necessary to move an injured or ill employee from an isolated site to another place in order to transfer to an ambulance, an employer shall ensure that the transportation is by a means that
(a) is suitable, considering the distance to be travelled and the types of serious injuries or illnesses that may occur,
(b) affords protection against the weather,
(c) is equipped with a means of two-way voice communication with the emergency medical services to which the injured or ill employee is being transported, and
(d) is of sufficient size and suitability to accommodate a stretcher and accompanying persons where required.
6(3)An employer shall provide a means of communication to summon the transportation in the event of a medical emergency and shall ensure that transportation is readily available in the event of a medical emergency when work is carried out at an isolated site.
6(4)Where an employee is seriously injured or needs to be accompanied during transport, an employer shall ensure that the employee is accompanied by at least one first aid provider who is not the operator of the transportation.
First aid providers
7(0.1)For the purposes of sections 7 to 13, standards for workplace first aid training and first aid kits are established by the adoption of the following standards:
(a) CSA Group standard Z1210-17 (R2021), First aid training for the workplace – Curriculum and quality management for training agencies; and
(b) CSA Group standard Z1220-17 (R2021), First aid kits for the workplace.
7(1)An employer shall designate one or more employees to act as first aid providers and maintain a record of the names of each employee who is designated as a first aid provider.
7(1.1)An employer may designate an employee who is a competent medical practitioner, nurse or paramedic as a first aid provider without requiring the employee to complete the workplace first aid training referred to in section 8.
7(2)An employer shall post, at a conspicuous place at the place of employment, signs that state the names of first aid providers.
7(3)Where the posting of a sign is not practicable, the employer shall ensure that each employee is informed of the identity of first aid providers.
7(4)An employer shall ensure that a designated first aid provider
(a) does not perform work of a nature likely to affect the ability to administer first aid, and
(b) is equipped, when administering first aid, with a CPR resuscitation barrier device with one-way valve and gloves that comply with the requirements of CSA Group standard Z1220-17 (R2021) set out in subsection (0.1).
2023-45
First aid training
8(1)Subject to subsection 7(1.1), an employer shall ensure that each employee who is designated as a first aid provider is trained in accordance with CSA Group standard Z1210-17 (R2021) set out in subsection 7(0.1) in workplace first aid appropriate to the level of risk in the place of employment or the nature of the activities carried out in the place of employment, which is
(a) for work that is not high hazard work, the basic training level, or
(b) for high hazard work, the intermediate training level.
8(2)Workplace first aid training shall meet the following requirements:
(a) it is provided by a training agency that meets the requirements of the standard for the development and maintenance of the training program provided;
(b) it complies with the clauses of the standard; and
(c) it is approved by the Chief Compliance Officer.
8(3)Workplace first aid training under subsection (1) shall include a knowledge component and a practical skills demonstration of the minimum duration set by the standard.
8(4)An agency providing workplace first aid training shall issue a workplace first aid certificate that meets the content and format requirements specified in the standard to all first aid providers who have demonstrated the necessary competencies in accordance with the standard and who have completed the training with satisfactory results.
8(5)A certificate issued in accordance with this section is valid from the date of issue for the duration specified in the standard.
2023-45
Report of injury or illness
9 An employee shall report an injury or illness to the employer or to a supervisor as soon as circumstances permit after the injury or at the first signs of the illness.
2023-45
Record of treatment
10(1)A first aid provider shall prepare a written record that sets out the name of the injured or ill employee, a description of the injury or illness, the treatment and care provided, a description of the incident, the date of occurrence, the name of the person providing emergency care and the date the record was made.
10(2)The record referred to in subsection (1) shall be prepared as soon as practicable after the injured or ill employee has received the emergency care.
10(3)An employer shall ensure that a record referred to in subsection (1) is retained for a period of three years after the date on which it has been made.
2023-45
First aid kits
2023-45
11An employer required to provide one or more first aid kits for the place of employment shall act in accordance with CSA Group standard Z1220-17 (R2021) set out in subsection 7(0.1) with respect to
(a) the minimum requirements regarding the size, whether small, medium or large, quantity and distribution of the first aid kits according to the number of employees per shift, and
(b) the contents of the first aid kits.
2020-36; 2023-45
First aid room
12(1)For a place of employment with 100 or more employees per shift, an employer shall provide a first aid room and shall equip the room in accordance with paragraph (2)(e).
12(2)The requirements for a first aid room are as follows:
(a) has a minimum floor area of 10 m2;
(b) is constructed to permit ease of access to a person on a stretcher;
(c) is located as close as practicable to the work force it is to serve and clearly identified by a sign;
(d) is equipped with a sink supplied with hot and cold running water with easy access to a toilet;
(e) is equipped with the following supplies:
(i) first aid kits as required by the standard, having regard for the particular risks of the place of employment and the number and location of employees per shift;
(ii) a telephone or other effective means of communication along with an up-to-date list of emergency contacts;
(iii) a separate cubicle or a divider with a cot or bed equipped with a moisture-protected mattress, 2 pillows and 2 blankets;
(iv) storage space, a cupboard, a counter, a table and 2 or more chairs.
12(3)An employer shall ensure that a first aid room
(a) is under the supervision of a first aid provider,
(b) is maintained in an orderly and sanitary condition,
(c) has the temperature maintained between 20 degrees Celsius and 24 degrees Celsius, and
(d) is used only for the purposes of providing first aid to employees or providing health care or instruction to employees.
12(4)Repealed: 2023-45
2023-45
Location of first aid kits
2023-45
13An employer shall post signs at conspicuous places in the place of employment indicating the location of first aid kits and shall ensure that all employees are aware of the location of the kits and any related equipment or supplies.
2023-45
Transition
Repealed: 2023-45
2023-45
14Repealed: 2023-45
2023-45
Repeal
15(1)The heading “First Aid” preceding section 12 of New Brunswick Regulation 91-191 under the Occupational Health and Safety Act is repealed.
15(2)Sections 12 and 13 of the Regulation are repealed.
Commencement
16This Regulation comes into force on January 1, 2005.
SCHEDULE A
FIRST AID REQUIREMENTS
Number of employees per shift
Place of employment with no high hazard work
Place of employment with high hazard work
2 - 19
1 first aid provider
1 first aid provider
20 - 49
1 first aid provider
2 first aid providers
50 - 99
2 first aid providers
2 first aid providers
100 - 199
2 first aid providers, one of whom must have access to the first aid room
 
3 first aid providers, one of whom must have access to the first aid room
 
200 or more
3 first aid providers, one of whom must have access to the first aid room 
 
 1 additional first aid provider for each additional increment of 1-100 employees
4 first aid providers, one of whom must have access to the first aid room 
 

1 additional first aid provider for each additional increment of 1-100 employees
2023-45
SCHEDULE B
WORKPLACE STANDARD FIRST AID COURSE
Repealed: 2023-45
2016, c.17, s.3; 2023-45
SCHEDULE C
Repealed: 2020-36
2020-36
N.B. This Regulation is consolidated to August 9, 2023.