Documentation, Record Keeping and Statistics

Examples of the types of records you must keep include, but are not limited to:

• Employee orientation records.
• Workplace inspection reports and records of corrective actions taken.
• Incident investigation reports and records of corrective actions taken.
• Records of employee and supervisor training with the date, attendance and topics covered.
• Codes of practice.
• Joint health and safety committee minutes showing what steps have been taken to address health and safety issues.
• Equipment log books and maintenance records.
• First aid records, medical certificates and hearing tests.
• Sampling and monitoring records for work around harmful substances (asbestos, mould) and physical agents (noise, vibration, radiation).
• Records of visits by a health and safety officer.
• Safety Data Sheets (SDS) of hazardous products used in a workplace.

Examples of the types of records you should keep include, but are not limited to:

• Records of meetings and crew talks where health and safety issues were discussed.
• Subcontractor pre-qualification documents.
• Supervisors’ notes and logs of safety activities.
• Records showing the use of progressive discipline to enforce safety rules.
• Forms and checklists, such as confined space entry permits, that show that you require workers to follow safe work procedures.
• Emergency response plan, records of drills and any resulting improvements.

Effective documentation, statistic gathering and record keeping are part of the ongoing work of mitigating and controlling workplace hazards. The employer, supervisors, committees and health and safety representatives should use this information for health and safety program planning and review and to eliminate or solve health and safety issues.

Employers, Contractors and Sub-contractors

Employers, contractors, and sub-contractors with 20 or more employees regularly employed anywhere in the province and in all of your operations in New Brunswick must have a safety policy and a health and safety program. If, for example, an employer has an operation in one location with 15 regularly employed employees and another five regularly employed employees in another location, the employer is required to have a safety policy and a health and safety program.

Workplaces with five to 19 employees at a workplace must also have a safety policy in place that may include a requirement for a health and safety representative.

• You must keep a copy of the safety policy at each workplace.

The health and safety program must have a record management system that includes:

• Reports of employee training.
• Incident statistics.
• Work procedures.
• Records of all health and safety inspections and any follow-up.
• Records of any health and safety related investigations and any follow-up.
• Records of all maintenance of facilities or equipment in the workplace and any follow-up.

Employers must ensure the health and safety program is implemented and monitored for effectiveness. Thorough documentation and accurate records are part of that monitoring. Documentation will also show whether the employer has provided workers with adequate instruction, training and supervision.

Employers or contractors are responsible for:

• Posting the names of the health and safety representatives, if any.
• Posting the names of the members of the committee.
• Posting the minutes of the most recent committee meeting, usually held once a month.
• Making copies of the health and safety program and records available to the committee or health or safety representatives.
• Provide copies of the health and safety program and records to employees or WorkSafeNB, if requested.

Employers must keep all orientation and training records for at least three years.

Orientation documents should be filed in the employee’s personnel file along with all their training records. Since WorkSafeNB’s health and safety officers have the right to ask for and review the employee orientation and training records during an inspection or investigation, they should be readily accessible.

Suppliers

Suppliers must provide safe products to their customers and ensure their products comply with the Act and regulations. These responsibilities include providing directions about the safe use of tools, equipment, machines, device, or any biological, chemical or physical agent used in the workplace. In most instances (suppliers of hazardous products being one exception), the requirement to provide directions for use in writing is not specifically stated in legislation but it is considered essential to mitigate hazards and for demonstrating due diligence.

Joint Health and Safety Committees

• Keep and record committee meeting minutes using a WorkSafeNB-approved form. The minutes must include reports, drafts and procedures or policies brought to the committee.
• Send meeting minutes, signed by the committee co-chairs, to WorkSafeNB.
• Prominently post all meeting minutes in the workplace.

To fulfill their duties, committees may:

• Receive copy of the health and safety program and all health and safety records.
• Keep records of any complaints or concerns regarding occupational health and safety.
• Obtain information from the employer or supervisor about potential hazards of conditions, tools, equipment, devices, and machines at or in the workplace.
• Take notes while participating in inspections and investigations.

Health & Safety Representatives

When requested by WorkSafeNB, or as provided for in the Act, health and safety representatives must document, monitor and review workplace health and safety procedures.

Health and safety representatives have the same roles and responsibilities of a committee.

Additional documentation requirements in regulations include:

Occupational Health and Safety Act

• Toxic Substances

General Regulation 91-191

• Occupational health service
• Extremes of temperature
• Noise levels
• Code of practice for respiratory protective equipment
• Code of practice for fall-protection system
• Design of a horizontal life line system
• Training for a fall protection system
• Use of an automatically inflatable personal flotation device
• Risk of drowning and emergency procedures
• Code of practice for bulk material in bin hopper or process vessel
• Written authorization required for form work and shoring
• Code of practice for misfires
• Code of practice for use of explosives
• Blasting
• Work procedures for quarries
• Hoisting apparatus maintenance
• Hoisting apparatus inspection
• Code of practice for critical lifts
• Cranes
• Lockout procedure
• Code of practice where lockout procedure not appropriate
• Code of practice for confined space
• Welding on containers
• Code of practice for utility lines and utility line equipment
• Diver training
• Diver's log book
• Diving supervisor's daily record
• Code of practice for environmental conditions
• A risk assessment on workplace violence
• Code of practice on workplace violence
• Code of practice for harassment
• Communication with diver

First Aid Regulation 2004-130

• Record of first aid providers
• First aid training
• Record of treatment

Other regulations that require documentation

• A Code of Practice for Working with Materials Containing Asbestos in New Brunswick (worksafenb.ca)
• Code of Practice for Working Alone Regulation 92-133

OCCUPATIONAL HEALTH AND SAFETY ACT
S.N.B. 1983, c. O-0.2

DUTIES OF EMPLOYERS, OWNERS, CONTRACTORS, SUB-CONTRACTORS, SUPERVISORS, EMPLOYEES AND SUPPLIERS

Section 8 Establishment and filing 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.

(1.1) The safety policy shall set out the responsibilities of the employer, supervisors and employees.

(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.

[S.N.B. 2001, c. 35, s. 2; 2013, c. 15, s. 2; 2019, c. 38, s. 2, 3; 2022, c. 32, s. 4]

Section 8.1

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.

(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.

(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.

[S.N.B. 2013, c. 15, s. 3]

Section 8.2

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.

(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.

(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.

(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; 3

(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.

(5) The employer shall keep records of the orientation and training of new employees for at least three years.

[S.N.B. 2013, c. 15, s. 3]

Section 13 Duties of supplier

13. Every 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 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.

[S.N.B. 2022, c. 32, s. 8]

JOINT HEALTH AND SAFETY COMMITTEES

Section 14 Joint Health and Safety Committees

14. (0.1) This section does not apply to a project site.

(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.

(1.1.) Repealed. [S.N.B. 2007, c. 12, s. 4]

(2) A committee shall consist of such number of persons as may be agreed to by the employer and the employees.

(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.

(4) Where the employer and employees cannot agree on the size of the committee, the Chief Compliance Officer may establish its size.

(5) The employer and employee members of a committee shall elect a co-chair from their respective groups.

(6) Subject to section 16, a committee shall meet at least once a month.

(7) Repealed. [S.N.B. 2007, c. 12, s. 4]

(8) A committee shall take and maintain minutes of its meeting on a form approved by the Commission.

(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.

(10) A copy of the minutes signed by the co-chairs of the committee shall be sent to the Commission.

(11) - (12) Repealed. [S.N.B. 2007, c. 12, s. 4]

(13) Where a committee cannot agree on a matter related to health and safety, the committee shall call an officer to resolve the problem.

[S.N.B. 1985, c. 64, s. 2; 2001, c. 35, s. 7; 2007, c. 12, s. 4; 2022, c. 32, s. 9]

Section 15 Functions of committee

15. A 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.

[S.N.B. 2019, c. 38, s. 8]

HEALTH AND SAFETY REPRESENTATIVES

Section 17 Health and safety representatives

17. (0.1) This section does not apply to a project site.

(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.

(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.

(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.

(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.

[S.N.B. 2007, c. 12, s. 6; 2019, c. 38, s. 9]

Section 17.1 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.

(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.

(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.

(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.

(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).

(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.

(7) Section 18 applies with the necessary modifications to health and safety representatives and a contractor on a project site.

(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.

(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.

(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.

(11) The contractor shall post the name of the health and safety representatives in a prominent place or places at the project site.

[S.N.B. 2007, c. 12, s. 7; 2022, c. 32, s. 13]

POWERS AND DUTIES OF OFFICERS

Section 28 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 in 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 paragraph (d) and (f).

(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.

(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.

[S.N.B. 2001, c. 35, s. 12; 2022, c. 32, s. 21]

TOXIC SUBSTANCES

Section 42 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.

(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.

(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.

(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.

(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.

[S.N.B. 1988, c. 30, s. 3; 2007, c. 12, s. 9; 2015, c. 28, s. 3; 2022, c. 32, s. 28]

General Regulation - Occupational Health and Safety Act
N.B. Reg. 91-191

Part II SANITATION AND ACCOMMODATION

Section 14 Occupational Health Service

14. (1) Where an occupational health service is required under section 45 of the Act , the occupational health service shall be established and maintained so as to

(a) provide leadership, support and medical and technical services in all areas relating to health in the place of employment,

(b) provide ongoing health assessments and health supervision of each employee,

(c) establish appropriate records, standards, procedures, policies and reporting systems to identify and prevent health and safety hazards in the place of employment,

(d) promote prevention of occupational disease and injury through health education, health counselling and environmental assessment programs,

(e) be able to provide an emergency response to injuries and potential disasters in the place of employment, and

(f) enhance or maintain the health of employees through appropriate follow-up care, rehabilitation services or referrals to community based services.

(2) An employer shall ensure that an occupational health service is managed by a competent person.

Part III INDOOR AIR QUALITY

Section 22 Extremes of Temperature

22. Where an employee is exposed to work conditions that may present a hazard because of extreme heat or extreme cold, an employer shall ensure that

(a) a competent person measures and records the thermal conditions at frequent intervals and makes the findings available to a committee, if any, and to an officer on request, and

(b) the occupational exposure limits for protection against heat stress and cold stress are followed as well as the work-rest regimen for heat, the work-warming regimen for cold and other advice found in the ACGIH publication entitled "2016 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices".

[N.B. Reg. 2001-33, s. 6; 2022-27, s. 8]

Part V NOISE AND VIBRATION

Section 29 Measurement of noise level

29. (1) Where an employer or an employee has reason to suspect that the noise level in a work area may exceed 80 dBA, an employer shall ensure that

(a) the noise level is measured by a competent person using a sound level meter that conforms as a minimum to the requirements of ANSI standard S1.4-1983, "American National Standard Specification for Sound Level Meters", for a Type 2 sound level meter that is set to use the A-weighted network with slow meter response, and

(b) the amount of time that an employee spends in a work area where the noise level exceeds 80 dBA is measured.

(2) An employer shall ensure that the information obtained under subsection (1) is documented and made available to a committee or health and safety representative, if any, and to an officer on request.

(3) Where there is reason to suspect that substantial changes in noise levels documented under subsection (1) have occurred, an employer shall ensure that the noise level and employee exposure is re-measured and documented in accordance with the requirements of subsection (1).

[N.B. Reg. 2022-27, s. 18]

Part VII PROTECTIVE EQUIPMENT

Section 45 Respiratory Protective Equipment

45. (1) Where an employer is required to provide respiratory protective equipment, the employer shall establish a written code of practice covering the proper selection, care, use, maintenance and fitting of the equipment that may be required to be used at that place of employment.

(2) An employer shall comply with CSA standard Z94.4-93 , "Selection, Use, and Care of Respirators" in developing a code of practice.

(3) An employer shall ensure that the code of practice referred to in subsection (1) is, when followed, sufficient to provide for the health and safety of employees at the place of employment.

(4) An employer shall consult with the committee or health and safety representative, if any, or with employees if there is no committee or representative, in developing the code of practice.

(5) An employer shall ensure that a copy of the code of practice is readily available to an officer upon request and to employees in the areas where the respiratory protective equipment may be required to be used.

(6) An employer shall ensure that the code of practice referred to in subsection (1) is implemented and adhered to at the place of employment.

(7) An employee shall adhere to a code of practice referred to in subsection (1).

[N.B. Reg. 2001-33, s. 19; 2022-79, s. 11]

Section 49.5

49.5 (1) In this section "maximum arrest force" means the peak force exerted on an employee when a fall-arresting system stops a fall.

(2) When a horizontal life line system which is engineered to meet CSA standard Z259.16-04 , "Design of Active Fall-Protection Systems" is used, an owner of a place of employment, an employer and a contractor shall each ensure

(a) signed and dated drawings and instructions for the life line are readily available at the place of employment, and

(b) that the system has been installed in accordance with the design documents.

(3) The drawings and instructions referred to in paragraph (2)(a) shall contain the following information:

(a) the layout in plan and elevation, including anchor point locations, strengths, installation specifications, anchor point design and detailing; and

(b) the specification of the horizontal life line system, including permissible free fall, the maximum arrest force, clearance to obstructions below, cable size, breaking strength, termination details, initial sag or tension, number of permitted employees, and inspection requirements.

[N.B. Reg. 2010-159, s. 5; 2022-27, s. 23]

Section 50.2

50.2 (1) An employer and a contractor shall each ensure that a fall-protection code of practice is written for a place of employment if a fall-protection system is required for the place of employment and

(a) the employees are working from a height of 7.5 m or more,

(b) the employer uses a safety monitor and work procedures when weatherproofing as the means of fall-protection, or

(c) an officer requires that the code of practice be written.

(2) The code of practice must be readily available at the place of employment before work begins and employees must have received instruction with regards to the code of practice.

(3) The code of practice shall be developed in consultation with the committee or the health and safety representative, if any, or with the affected employees.

(4) The code of practice shall include the following information:

(a) possible hazardous situations, including a description of the hazards and the possible effects on the health or safety of employees;

(b) the identification of employees at risk;

(c) the location where the code of practice might apply;

(d) the methods and equipment to be used including inspections procedures;

(e) the procedures and equipment which might be required in the event of an emergency;

(f) the times, days, or events during which the code of practice might be applicable;

(g) the identification of training needs;

(h) the identification of the person responsible for implementing the code of practice; and

(i) the name of the safety monitor, if applicable, and the training the safety monitor has received.

[N.B. Reg. 2010-159, s. 7; 2022-27, s. 25]

Section 50.3

50.3 (1) An employer shall ensure that a competent person trains an employee in the use, maintenance and inspection of a fall-protection system for the task being performed unless the fall-protection system is a guardrail.

(2) The employer shall ensure that the competent person referred to in subsection (1), who provides the training, prepares a written training record which shall include the following information:

(a) the name of the employee who received the training;

(b) the date on which the training took place; and

(c) the name of the competent person and the name of the agency if any.

(3) The training record for each employee shall be made available to an officer upon request.

(4) An employer shall, in consultation with the committee or health and safety representative, if any, review annually or more frequently, if required by a change in work conditions or in the fall protection field, the training provided to employees concerning fall protection to determine if retraining is necessary.

[N.B. Reg. 2010-159, s. 7; 2022-27, s. 26]

Section 51

51. (1) The following definitions apply in this section.

"automatically inflatable personal flotation device" means a device that provides buoyancy through an automatic inflation mechanism with an oral inflation system as a back-up and when worn correctly supports a conscious employee in an upright or backward leaning position, but is not designed to turn an employee from a face-down to a face-up position in the water;

"life jacket" means an inherently buoyant device that when worn correctly supports a conscious or unconscious employee in an upright or backward leaning position and is designed to turn an employee from a face-down to a face-up position in the water;

"personal flotation device" means an inherently buoyant device that when worn correctly supports a conscious employee in an upright or backward leaning position, but is not designed to turn an employee from a face-down to a face-up position in the water, and includes devices that are designed to protect an employee against hypothermia..

(2) If an employee is exposed to a risk of drowning, an owner of a place of employment, an employer and a contractor shall each ensure the employee uses one of the following:

(a) a fall-protection system;

(b) a life jacket that is approved by Transport Canada or by an agency permitted by Transport Canada to approve it;

(c) a personal flotation device that is approved by Transport Canada or by an agency permitted by Transport Canada to approve it;

(d) an automatically inflatable personal flotation device that is approved by Transport Canada or by an agency permitted by Transport Canada to approve it; or

(e) a personal safety net that conforms to the requirements of section 49.8.

(3) The shell of a life jacket or flotation device referred to in paragraphs (2)(b) to (d) shall be bright yellow, orange or red and have retro-reflective material fitted on surfaces normally above the surface of the water.

(4) Despite subsection (2), an employee shall wear a life jacket when

(a) working alone, or

(b) there are insufficient resources to provide a quick and effective rescue.

(5) An employer and a contractor shall each ensure that an employee wears a life jacket or flotation device referred to in paragraphs (2)(b) to (d) when being transported in a boat.

(6) If an employee works on ice and the water under the ice is more than 1 m in depth, an employer and a contractor shall each test the ice before beginning any work and after as necessary to ensure that the ice will support any load placed on it.

(7) If an automatically inflatable personal flotation device is used, the employer and the employee shall each ensure that

(a) the device is inspected and maintained by a competent person in accordance with the manufacturer's specifications, and

(b) the date and details of the inspection and maintenance are recorded.

(8) If an employee may fall into water or any other liquid and may require assistance to return to a place of safety, an employer and contractor shall each ensure that a copy of emergency procedures is posted at the place of employment, and which copy shall contain

(a) a full description of the emergency procedures, including the responsibilities of all employees granted access to the place of employment; and

(b) the location of any emergency equipment and the name of the employee designated to operate the equipment.

(9) Emergency procedures shall include the following, as applicable:

(a) with regards to water or another liquid,

(i) its temperature,

(ii) its depth, and

(iii) its flow;

(b) any water traffic;

(c) the distance to the rescue boat;

(d) the distance to reach an employee;

(e) any projections or objects beneath the surface;

(f) any visibility issues;

(g) the time of day; and

(h) any adverse weather conditions.

(10) If an employee may fall into water or any other liquid and may require assistance to return to a place of safety, an employer and contractor shall each ensure that

(a) appropriate emergency equipment is ready to be used,

(b) a person who is competent to operate the emergency equipment is readily available to provide assistance, and

(c) an alarm system is provided to signal the need for a rescue.

(11) An employer and a contractor shall each ensure that an employee wears a life jacket or a personal flotation device when participating in a rescue.

(12) If an employer or contractor provides a boat for use in an emergency, the employer or contractor shall ensure

(a) that the rescue boat is equipped with a life ring or buoy that is attached to 30 m of rope and a boat hook, and

(b) that the rescue boat is motorized if the water is likely to be rough or swift.

[N.B. Reg. 97-121, s. 13; 2001-33, s. 22; 2010-159, s. 8; 2020-35, s. 10]

Part VIII HANDLING AND STORAGE OF MATERIALS

Section 55

55. (1) An employer shall establish a code of practice for the safe breaking up of clogs in bulk material stored in a bin, hopper or process vessel and shall ensure that a copy of the code of practice is readily available near the bin, hopper or process vessel.

(2) Where an employee is required to enter a bin, hopper or process vessel used to store bulk material, an employer shall ensure that the provisions of Part XVII are complied with.

Part X CONSTRUCTION, TRAFFIC AND BUILDING SAFETY

Section 94.1 Formwork and Shoring

94.1 (1) In this section

"form" means the mould into which concrete is poured;

"formwork" means a system of forms connected together;

"shoring" means the structural supports and bracing used to support all or part of a form.

(2) An employer shall ensure that formwork and shoring are designed by an engineer and are erected in accordance with design drawings prepared by the engineer.

(3) An employer shall ensure that the design drawings referred to in subsection (2)

(a) identify the components, if manufactured formwork and shoring are used,

(b) show the size, grade and specifications of materials to be used, if the formwork and shoring are to be constructed on the project site,

(c) show the design loads for the formwork and shoring and detail the bracing and external ties required to adequately support the design loads,

(d) show the attachment points for rigging and hoisting, if the formwork and shoring are to be moved as a unit,

(e) set out the erection instructions specified by the manufacturer or the engineer,

(f) indicate the method, the sequence and the rate of pouring concrete, and

(g) bear the signature and seal of the engineer.

(4) An employer shall ensure that the design drawings referred to in subsection (2)

(a) are kept on the project site, and

(b) are made available to an officer on request.

(5) An employer shall ensure that the formwork and shoring are erected, supported and braced so that they are capable of withstanding all loads and forces likely to be applied to them

(a) without exceeding the allowable working loads established for any component of the structure, and

(b) without causing uplifting, sliding, overturning or lateral displacement of the system.

(6) The allowable working loads referred to in paragraph (5)(a) shall be established by an engineer in accordance with good engineering practice.

(7) An employer shall ensure, before concrete is poured,

(a) that the formwork and shoring are inspected by an engineer, or a competent person designated by the employer, and

(b) that the engineer, or the competent person designated by the employer, as the case may be, authorizes the pour in writing.

(8) An employer shall ensure that the written authorization referred to in paragraph (7)(b)

(a) is kept on the project site, and

(b) is made available to an officer on request.

(9) An employer shall ensure that the formwork and shoring are not removed unless

(a) the concrete is strong enough to support itself and any loads that may be applied to it, or

(b) the concrete is adequately reshored.

(10) Where concrete is reshored under paragraph (9)(b), subsections (2), (3), (4), (5) and (6) apply, with the necessary modifications, to the reshoring.

(11) Subsections (2), (3), (4), (5), (6), (7), (8), (9) and (10) do not apply where formwork and shoring are used no more than 3 m above the ground level.

(12) Where formwork and shoring are used no more than 3 m above the ground level, an employer shall ensure that the formwork and shoring are erected, supported and braced so that they are capable of withstanding all loads and forces likely to be applied to them.

[N.B. Reg. 96-61, s. 1]

Part XII EXPLOSIVES

Section 171

171. (1) An employer shall establish a code of practice for the safe handling of misfired charges and shall have the code of practice available for inspection by an officer.

(2) A blaster shall follow the code of practice referred to in subsection (1).

[N.B. Reg. 93-8, s. 21]

Section 173 Records

173. (1) A blaster who conducts or supervises a blast shall maintain a log book recording the following:

(a) before the blast:

(i) job location;

(ii) names of blaster and assistants;

(iii) diagram of blasting pattern and sequence of firing;

(iv) type and the amount of blasting explosives and detonators;

(v) number, depth and placement of charges in each hole;

(vi) resistance calculations for each series and circuit when using an electric means of initiation;

(vii) precautions taken to control fly rock, air blast and ground vibrations;

(viii) placement of persons to guard the danger area; and

(ix) reason for any delay in blasting; and

(b) after the blast:

(i) date and time of blast;

(ii) weather conditions at time of blast; and

(iii) results of post-blast examination for misfires and other dangers.

(2) A blaster shall keep a log book referred to in subsection (1) for three years after the last blast recorded in the log book and shall make the log book available for inspection by an officer.

[N.B. Reg. 93-8, s. 22; 97-121, s. 27]

Section 179 Code of Practice

179. (1) Where black powder is to be used, an employer shall establish a code of practice for the safe use of the black powder.

(2) Where any explosive other than black powder is to be used

(a) in a confined space,

(b) underwater,

(c) for demolition of buildings and other structures,

(d) for river ice control,

(e) in theatrical applications where the special effects includes explosives used alone or in conjunction with fireworks,

(f) for oil well or wild gas well control,

(g) for seismic operations, or

(h) for any other unusual use as determined by the Chief Compliance Officer,

an employer shall establish a code of practice for the safe use of the explosive.

Part XIV PITS AND QUARRIES

Section 196 Work Procedures for Quarries

196. Where quarrying activities are initially started or where activities are resumed after a cessation of production of four months or more, the owner of the quarry or the employer shall notify the Chief Compliance Officer of the intention to begin or resume operations in the quarry at least two weeks before the operations are to begin or resume.

Part XV MATERIALS HANDLING EQUIPMENT AND PERSONNEL CARRYING EQUIPMENT

Section 210

210. (1) An employer shall ensure that a hoisting apparatus is maintained in accordance with the manufacturer's specifications.

(2) An employer shall ensure that a competent person thoroughly inspects and repairs a hoisting apparatus, including any safety devices or rigging equipment,

(a) before it is first put into use, and

(b) after any incident that may have damaged some part of the hoisting apparatus.

(3) An employer shall ensure that a log book recording inspections and repairs to a hoisting apparatus is maintained and made available to an officer on request.

(4) Subsection (3)

(a) applies only to hoisting apparatus with a lifting capacity of 1815 kg or greater, and

(b) does not apply to a mobile crane.

(5) Subsections (1) and (2) apply with the necessary modifications to a person who owns a hoisting apparatus.

[N.B. Reg. 2001-33, s. 64; 2022-79, s. 28]

Section 210.01

210.01 (1) An employer shall ensure that a hoisting apparatus is inspected every twelve months by a competent person to ensure that the apparatus meets the manufacturer's specifications.

(2) A person who inspects a hoisting apparatus under this section shall certify in writing that the apparatus meets the manufacturer's specifications.

(3) A certificate referred to in subsection (2) shall provide details on the conditions under which the hoisting apparatus was inspected.

(4) Subsections (1) and (2) do not apply to a mobile crane.

(5) Subsection (1) applies with the necessary modifications to an owner of a hoisting apparatus.

[N.B. Reg. 2001-33, s. 65]

Section 212.1 Code of practice

212.1(1) For every critical lift, an employer and a contractor shall each ensure that a code of practice is established that contains the following information:

(a) rigging details;

(b) wind speed limitations;

(c) maximum hoist line speed;

(d) maximum crane travel speed, if applicable;

(e) details concerning load distribution;

(f) the need for and position of signallers, if applicable; and

(g) a description of an effective communications system that employees involved in the critical lift shall use.

(2) Before commencing a critical lift, an employer or a contractor shall inform the employees involved in the critical lift of the content of the code of practice and the supervisor shall document the communication of the information.

(3) The requirements of subsection (2) apply whenever there is a change in the employees involved in a critical lift.

(4) Whenever there is a change in the equipment involved in a critical lift, an employer and a contractor shall each ensure that a new code of practice is established for the equipment that contains the information set out in subsection (1).

(5) An employer shall ensure that a copy of the code of practice is readily available to employees involved in the critical lift.

(6) An employee shall comply with the code of practice and an employer shall ensure that employees comply with the code of practice.

[N.B. Reg. 2022-79, s. 30]

Section 213.31

213.31 (1) An operator of a mobile crane shall visually inspect the mobile crane daily before commencing work with the crane.

(2) If more than one operator uses a mobile crane in the course of a day or if the crane is used on more than one shift, each operator shall visually inspect the crane before commencing work with the crane.

(3) A visual inspection under this section shall be of all components that have a direct bearing on the safe operation of the crane and whose status may change from day to day with use and shall include, but is not limited to,

(a) where practicable, all rope reeving, including load lines, jib suspension, boom hoist and mid-point suspension, for compliance with the crane and wire rope manufacturer's specifications,

(b) all control mechanisms, before operation, for maladjustments or malfunctions interfering with proper operation,

(c) all control mechanisms for excessive wear of components and contamination by lubricants or other foreign matter,

(d) all safety devices for malfunction,

(e) all air, hydraulic, lubricating and cooling systems for deterioration or leakage,

(f) electrical apparatus for malfunction, signs of excessive deterioration, dirt, icing or moisture accumulation,

(g) all exposed hydraulic hoses, particularly those that flex during the operation of the crane,

(h) hooks and latches, for deformation, chemical and heat damage, cracks and wear,

(i) the hydraulic system for proper oil level,

(j) swivels for freedom of rotation,

(k) clutches, brakes and attachments for malfunctions,

(l) where practicable, outriggers for their ability to retract and extend and to bear the load,

(m) outrigger boxes for structural damage,

(n) tires for recommended pressure,

(o) where practicable, all running ropes for any appreciable loss of original strength as indicated by general corrosion, broken or cut strands and visible broken wiresand for distortion of the rope, such as kinking, crushing, unstranding, birdcaging, main-strand displacement or core protrusion,

(p) where practicable, rotation-resistant ropes and boom-hoist ropes, to ascertain any damage or deterioration, and

(q) where practicable, all points of rapid deterioration, such as flange points, crossover points and repetitive pickup points on drums.

(4) An operator who conducts a visual inspection under this section shall forthwith record the results of the inspection in an operator's log kept for the crane, and shall also record any deficiencies in the crane log.

(5) An employer shall ensure that an operator's log is prepared and maintained for each mobile crane so as to provide each operator with the results of previous visual inspections of the crane by an operator, and shall ensure that the log is kept in the cab of the mobile crane.

[N.B. Reg. 2001-33, s. 68]

Section 213.4

213.4 (1) An employer shall ensure that a crane log is prepared and maintained for each mobile crane to provide the owner, employer and operator with a complete machine history for the crane.

(2) A crane log referred to in subsection (1)

(a) shall be designed to provide the information in a logical and chronological sequence,

(b) shall show in detail all inspections, tests, maintenance, repairs, revisions and modifications carried out on the crane,

(c) shall show the date on which work was performed on the crane, and by whom, together with the total hours of service recorded on the machine up to that time,

(d) shall have all entries dated and signed by the person carrying out the work on the crane,

(e) shall record in detail all incidents or misadventures, all damage sustained, and subsequent repairs, and

(f) shall include details of boom sections designed and manufactured by someone other than the crane's original equipment manufacturer.

[N.B. Reg. 2001-33, s. 68]

213.41 Repealed. [N.B. Reg. 2022-79, ss. 33, 34]

Part XVI MECHANICAL SAFETY

Section 239 Lock out

239. (1) An employer shall ensure that in addition to the normal control start and stop mechanism, any equipment or machine has a means of isolating the energy source to the equipment or the machine that is

(a) lockable,

(b) in a location familiar to all employees, and

(c) properly identified.

(2) An employer shall provide a safety lock and key to an employee who may have to lock out any equipment or machine.

(3) An employer shall establish a written lock out procedure for equipment and machines and ensure that an employee who may be required to lock out the equipment or the machine is adequately instructed and trained to lock out the equipment or the machine.

(4) Subject to section 240, where any equipment or machine is to be cleaned, maintained, adjusted or repaired, an employer shall ensure that no employee works on the equipment or the machine until

(a) a competent person puts the equipment or the machine in a zero energy state,

(b) each employee who will be working on the equipment or the machine

(i) verifies that all potential energy sources have been made inoperative,

(ii) locks out the equipment or the machine using the safety lock and key provided by the employer, and

(iii) puts a non-conductive tag on the safety lock that contains

(A) words directing persons not to start or operate the equipment or machine,

(B) the qualified person’s printed name and signature, and

(C) the date and time when the tag was put on the safety lock.

(5) No employee shall clean, maintain, adjust or repair any equipment or machine until the employee verifies that paragraphs (4)(a) and (b) have been complied with and verifies by testing that the equipment or the machine is inoperative.

(6) No person shall remove a safety lock or tag except

(a) the person who installed it, or

(b) in an emergency or where attempts made to contact the person referred to in paragraph (a) indicate the person is not available, a competent employee designated by the employer.

[N.B. Reg. 2001-33, s. 86; 2022-79, s. 50]

Section 240

240. Where the lock out procedure referred to in section 239 is inappropriate for the cleaning, maintenance, adjustments or repairs to be performed or is inadequate for the protection of an employee, an employer shall

(a) establish a code of practice in consultation with the committee or health and safety representative, if any, specifying personnel responsibilities, personnel training and details of procedure for the neutralization, clearance, release and start up of the equipment or machine, and

(b) comply with and enforce the code of practice.

[N.B. Reg. 2001-33, s. 87; 2022-27, s. 36; 2022-79, s. 51]

Part XVII CONFINED SPACE

Section 262.01 Code of practice - confined space

262.01(1) Before entry is permitted in a confined space, an employer, a contractor and an owner of a place of employment shall each ensure that a code of practice is established for the confined space

(2) An employer shall consult with the committee or health and safety representative, if any, or with employees if there is no committee or representative, in developing the code of practice.

(3) The code of practice shall contain the following information:

(a) the date and authorized duration of the code of practice;

(b) the location of the confined space to which the code of practice applies;

(c) the names of the entry supervisor, emergency response team leader, attendant and air supply system attendant, if applicable, and the entrant;

(d) a description of the work to be performed;

(e) a description of any possible hazards that may affect the health or safety of employees;

(f) the procedures to be followed and the equipment to be used to perform the work; and

(g) the procedures to be followed and the equipment to be used in the event of an emergency.

(4) An employer shall ensure that all employees involved in confined space work are adequately instructed and trained in the code of practice and the procedures identified in the code of practice.

(5) The code of practice shall be posted conspicuously near the entrance to the confined space.

(6) An employee shall comply with the code of practice, and an employer shall ensure that employees comply with the code of practice.

(7) An employee who will enter into a confined space or who may undertake a rescue operation in a confined space shall read the code of practice and acknowledge that the employee has received and understood the instructions in the code of practice by signing and dating a copy of the code of practice.

(8) An employer shall ensure that the code of practice and any records associated with the code of practice, including an equipment calibration and maintenance log, are kept for a period of two years from the date on which the entry supervisor signed and dated the code of practice.

(9) An employer shall ensure that a copy of the code of practice is made available to an officer on request.

[N.B. Reg. 2022-79, s. 55]

Part XVIII WELDING, CUTTING, BURNING AND SOLDERING

Section 278 Welding on Containers

278. (1) Where a container or pipe, or any pipe, valve or fitting connected to the container or pipe, holds or may have held an explosive or flammable substance, an employer shall ensure that the container or pipe and the pipe, valve or fitting connected to the container or pipe are completely drained, cleaned and ventilated in accordance with subsection (2) before any process involving the application of heat is undertaken.

(2) To drain, clean and ventilate as required by subsection (1), an employer shall ensure that

(a) inlet pipes are disconnected and blocked off or moved out of alignment or the inlet valves are locked in the closed position;

(b) where residual liquid remains, it is removed by an employee without going inside the container or pipe;

(c) where steam is available, all openings except the vent pipe and steam inlet are closed and the steam is blown into the container or pipe and any pipe, valve or fitting connected to the container or pipe for a period of time suitable for the conditions and the nature of the explosive or flammable substance, with the lids and manhole plates opened during the last one-fifth time of the steaming period;

(d) where steam is not available, the container or pipe and any pipe, valve or fitting connected to the container or pipe is kept filled with running water for a period of at least twenty- four hours;

(e) after cleaning, the container or pipe and any pipe, valve or fitting connected to the container or pipe is thoroughly ventilated with forced or induced draft air for a minimum period of two hours;

(f) after ventilation, a competent person examines the interior of the container or pipe and any pipe, valve or fitting connected to the container or pipe to see that it is free from residue and tests air samples to ascertain that all explosive or flammable vapours have been removed;

(g) a record is made of the procedures and the tests required by paragraph (f) and is dated and signed by the person taking the tests;

(h) the person who takes the tests required by paragraph (f) certifies that work involving the application of heat can be safely undertaken on the container or pipe and any pipe, valve or fitting connected to the container or pipe; and

(i) where the tests required by paragraph (f) indicate the presence of explosive or flammable substances, the steaming or flooding, ventilating and testing operations are repeated.

Part XIX ELECTRICAL SAFETY

Section 292

292. (1) Before permitting an employee to commence work on any component of an electrical distribution or transmission system, an employer shall establish a code of practice to be followed by the employee which shall include the following:

(a) the components to be handled in a de-energized state;

(b) method of de-energizing parts of the electrical distribution system;

(c) lock out procedure;

(d) method of de-energizing parts of the electrical distribution or transmission system when the lock out procedure referred to in paragraph (c) cannot be implemented;

(e) method of recording notifications to employees of safe conditions for work;

(f) method of determining that all employees are clear of work areas and have been instructed to remain clear before the electrical distribution or transmission system, or any part of it, is re-energized; and

(g) method of re-energizing the electrical distribution or transmission system.

(2) An employer shall ensure that the code of practice referred to in subsection (1) is complied with and an employee shall comply with the code of practice.

(3) An employer shall make a copy of the code of practice available to an officer upon request.

Part XX UNDERWATER DIVING OPERATIONS

Section 304 Diver Training

304.(1) An employer shall obtain from a diver and retain during the diver's employment, documentary evidence that the diver has successfully completed an appropriate diver training course or has appropriate training and experience with respect to the dive being contemplated.

(2) An employer shall ensure that a diver is trained to the minimum level as set out in subsection 8(2) of New Brunswick Regulation 2004-130 under the Act and holds a valid certificate issued by an agency referred to in subsection 8(3) of that Regulation in respect of that training.

[N.B. Reg. 2022-79, s. 89]

Section 305 Diver's Log Book

305. (1) A diver shall maintain, and keep for five years after completion, a log book that records all dives carried out, all therapeutic recompressions and other exposures to a compressed air environment and all medical examinations.

(2) A diver shall record the following information for each dive carried out:

(a) name of employer;

(b) name of diving supervisor;

(c) type of diving apparatus used;

(d) breathing mixture or breathing gas used;

(e) time left surface;

(f) bottom time;

(g) maximum depth attained;

(h) time left bottom;

(i) time reached surface;

(j) surface interval, if a repeat dive was undertaken;

(k) decompression table used;

(l) date;

(m) name of the tender; and

(n) remarks, if any.

(3) For dives originating from a diving bell or other submerged base, a diver shall record the time of leaving the bell or base, the greatest depth attained, the time of return to the bell or base and the depth of the bell or base in addition to the information required under subsection (2).

(4) A diver shall ensure that in the log book referred to in subsection (1)

(a) the entry required for each dive is signed by the diving supervisor,

(b) an entry for therapeutic recompression or other exposure to a compressed air environment is signed by the attending medical practitioner or diving supervisor, and

(c) the entry for a medical examination is supported by a certificate signed by the medical practitioner who performed the examination.

(5) A diver shall keep in the log book either

(a) a certificate confirming the diver's successful completion of an appropriate diver training course, or

(b) a record of the diver's previous relevant training and experience.

Section 306 Diving Supervisor's Daily Record

306. (1) A diving supervisor shall keep a daily record of each dive separate from the diver's log book.

(2) A diving supervisor shall record the information required under subsections 305(2) and (3) in the daily record and shall keep a copy of a diver's current medical certification.

(3) A diving supervisor shall file the daily record with the employer who shall retain the daily record for five years and make it available to an officer on request.

[N.B. Reg. 2001-33, s. 105]

Section 328 Communication with Diver

328. (1) An employer shall provide, and a diving supervisor shall ensure use of, a means of effective two-way communication between a diver and any person in control of the diving plant and equipment.

(2) Where two-way voice communication is required, an employer shall provide

(a) a standard of sound reproduction that enables the diver's breathing to be heard clearly,

(b) a suitable means of voice-unscrambling when the breathing mixture used significantly distorts sound transmission, and

(c) a recording system for voice communication for depths exceeding 55 m.

Part XXI LOGGING AND SILVICULTURE OPERATIONS

Section 345.3 Code of practice - environmental conditions

345.3 An employer shall develop a code of practice to protect employees from possible hazardous situations caused by environmental conditions, including:

(a) weather conditions;

(b) topography;

(c) wildlife contacts; and

(d) biological hazards.

[N.B. Reg. 2022-27, s. 51]

Part XXII.I VIOLENCE AND HARASSMENT

Section 374.1 Assessment of risk

374.1 (1) An employer shall assess the risk of violence at the place of employment.

(2) In assessing the risk of violence, an employer shall consult with

(a) all committees, if any,

(b) all health and safety representatives, if any, or

(c) if there is no committee or representative, employees.

(3) When conducting the assessment referred to in subsection (1), the employer shall consider the following information:

(a) the location and circumstances in which the work is carried on;

(b) the risk that may arise out of or in connection with

(i) an employee’s work, or

(ii) sexual violence, intimate partner violence or domestic violence occurring at the place of employment;

(c) the categories of employees at risk, or the types of work that place employees at risk of experiencing violence;

(d) the possible effects on the health or safety of employees who are exposed to violence at the place of employment;

(e) all previous incidents of violence at the place of employment; and

(f) incidents of violence in similar places of employment.

(4) An employer shall ensure that the assessment referred to in subsection (1) is documented and made available to all committees, if any, or all health and safety representatives, if any, and to an officer on request.

(5) The employer shall review the assessment of the risk of violence and update it

(a) when there is a change in conditions at the place of employment, or

(b) when ordered to do so by an officer.

[N.B. Reg. 2018-82, s. 2]

Section 374.2 Establishing code of practice for violence

374.2 (1) The following definitions apply in this section.

"emergency service provider" means

(a) a police force as defined in the Police Act,

(b) a fire department organized to serve any area of the Province, or

(c) an ambulance service provided in accordance with the Ambulance Services Act.

"health professional" means a person who

(a) provides a service related to the preservation or improvement of the health of individuals or the diagnosis, treatment or care of individuals who are injured, sick, disabled or infirm, and

(b) is registered or licensed under an Act of the Province to provide the service.

"pharmacist" means a person licensed to practise pharmacy under the New Brunswick Pharmacy Act, 2014.

"Public Service" means the Public Service as defined in the Public Service Labour Relations Act.

"social worker" means a person registered under the New Brunswick Association of Social Workers Act, 1988.

"veterinarian" means a person who is licensed to practise veterinary medicine under the Veterinarians Act.

(2) A code of practice for violence shall

(a) mitigate the risk of violence at the place of employment and ensure the health and safety of employees to the extent possible, and

(b) consider any risk of violence that is identified in an assessment referred to in subsection 374.1(1).

(3) An employer that has 20 or more employees regularly employed at one or more places of employment in the Province shall establish a written code of practice for violence.

(4) An employer that has fewer than 20 employees regularly employed at one or more places of employment in the Province shall establish a written code of practice for violence in any of the following circumstances:

(a) work is carried on at the place of employment by any of the following persons:

(i) an employee of the Public Service;

(ii) a supplier of goods or services to a public body under the Procurement Act;

(iii) an employee of an emergency service provider;

(iv) a health professional;

(v) a pharmacist;

(vi) a veterinarian;

(vii) a social worker, outreach worker, crisis intervener or support worker, including persons providing services to victims of intimate partner violence, domestic violence or sexual violence;

(viii) an employee of an agency as defined in the Private Investigators and Security Services Act; or

(ix) a person registered or licensed under an Act of the Province to provide financial services;

(b) the following work is carried on at the place of employment:

(i) teaching;

(ii) early learning and childcare services;

(iii) retail sales;

(iv) transporting goods or persons for hire in a vehicle, whether the vehicle is owned by a public body or privately owned; or

(v) home support services;

(c) work is carried on at any of the following places of employment:

(i) a casino or other gaming premises under the Gaming Control Act;

(ii) a place in respect of which a licence or permit issued under the Liquor Control Act applies and to which members of the public have access; or

(iii) a cannabis retail outlet as defined in the Cannabis Control Act; or

(d) an assessment referred to in subsection 374.1(1) identifies a risk of violence.

[N.B. Reg. 2018-82, s. 2]

Section 374.4 Code of practice - harassment

374.4 (1) An employer shall establish a written code of practice for harassment at the place of employment to ensure the health and safety of employees to the extent possible.

(2) A code of practice for harassment shall include the following:

(a) a statement that every employee is entitled to work free of harassment;

(b) the identity of the person responsible for implementing the code of practice;

(c) a statement that an employee shall report an incident of harassment to the employer as soon as the circumstances permit;

(d) the procedure the employer shall follow to investigate and document any incident of harassment of which the employer is aware;

(e) the manner in which affected employees shall be informed of the results of an investigation;

(f) the procedure the employer shall follow to implement any corrective measures identified as a result of the investigation;

(g) the follow-up measures to be used with affected employees; and

(h) the identification of training needs.

[N.B. Reg. 2018-82, s. 2]

First Aid Regulation - Occupational Health and Safety Act
N.B. Reg. 2004-130

Section 7 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.

(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.

(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.

(2) An employer shall post, at a conspicuous place at the place of employment, signs that state the names of first aid providers.

(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.

(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).

[N.B. Reg. 2023-45, s. 3]

Section 8 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 Z1220-17 (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.

(2) Workplace first aid training shall meet the follow‐ ing 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.

(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.

(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.

(5) A certificate issued in accordance with this section is valid from the date of issue for the duration specified in the standard.

[N.B. Reg. 2023-45, s. 4]

Section 10 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.

(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.

(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.

[N.B. Reg. 2023-45, s. 6]