Reporting hazards, incidents, injuries and illnesses is an essential step to ensuring a healthy and safe workplace. A proactive approach to health and safety is based on knowing about the hazards and taking measures to control them. However, health and safety performance in the workplace is also improved by learning from failure.
The Occupational Health and Safety (OHS) Act and regulations, and the Workers' Compensation (WC) Act establish the requirements for incident notification and reporting. Both employers and employees have reporting responsibilities under the legislation.
Employers insured under the Workers' Compensation Act must:
Completing a Form 67 under the WC Act does not fulfil the requirements to immediately report the incident under the OHS Act. If an incident needs to be reported under the OHS Act, the employer is still responsible to immediately contact WorkSafeNB.
An employee must:
OCCUPATIONAL HEALTH AND SAFETY ACT
S.N.B. 1983, c. O-0.2
DUTIES OF EMPLOYERS, OWNERS, CONTRACTORS, SUB-CONTRACTORS, SUPERVISORS, EMPLOYEES AND SUPPLIERS
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 12 Duties of employee
12. Every employee shall
(a) comply with this Act, the regulations and any order made in accordance with this Act or the regulations;
(b) conduct himself to ensure his own health and safety and that of other persons at, in or near his place of employment;
(c) report to the employer or supervisor the existence of any hazard of which he 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.
[S.N.B. 2001, c. 35, s. 6; 2007, c. 12, s. 3; 2019, c. 38, s. 7]
NOTICES AND OTHER INFORMATION
Section 43 Notices to Commission of injury to employee or accidental explosion or exposure
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
(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.
(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.
(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.
(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.
[S.N.B. 1992, c. 52, s. 23; 2001, c. 35, s. 15; S.N.B. 2013, c. 15, s. 6; 2019, c. 16, s. 3]
WORKERS' COMPENSATION ACT
R.S.N.B. 1973, c. W-13
Section 44 Application for compensation
44. (1) When a worker or dependent is entitled to compensation under this Part he shall file with the Commission an application for such compensation, together with the certificate of the attending physician, if any, and such further or other proofs of his claim as may be required by the Commission.
(2) A physician or surgeon attending or consulted upon a case of injury to a worker shall furnish or cause to be furnished, from time to time such reports and in such form as may be required by the Commission in respect of the injury and the resulting condition of the worker.
(3) A physician in attendance upon an injured worker shall give all reasonable and necessary information, advice and assistance to enable that worker or his dependents, as the case may be, to make application for compensation and to furnish such proofs as may be required by the Commission.
(4) The employer shall notify the Commission on a form provided by the Commission of the following:
(a) the occurrence of an accident and the nature of it;
(b) the day and the time the accident occurred;
(c) the name and address of the worker who suffered an injury;
(d) the place where the accident occurred;
(e) the name and address of the worker’s attending physician or surgeon, if any; and
(f) any other particulars prescribed by regulation.
(4.1) The notice under subsection (4) shall be made within three days after the date
(a) a worker suffers an injury as a result of an accident that may entitle the worker or his or her dependents to
(i) compensation under this Part including loss of earnings and medical aid expenses but excluding first aid provided by the employer, or
(ii) medical aid under this Part;
(b) a worker is diagnosed with an occupational disease; or
(c) the employer receives a notice from a worker in accordance with subsection (6), if the employer has knowledge of the accident only by such notice.
(4.2) An employer who fails to provide the notice under subsection (4) within the time limit in subsection (4.1) is liable to an administrative penalty imposed under section 82.1.
(5) The employer shall make such further and other reports respecting such accident and worker as may be required by the Commission.
(5.01) An employer who fails to make a report required by the Commission under subsection (5) is liable to an administrative penalty imposed under section 82.1.
(5.1) Every employer shall establish a procedure that requires a worker to notify the employer of an accident that the employer is required to report to the Commission under subsection (4).
(6) Subject to subsection (10), compensation shall not be payable unless notice of the accident is given to the employer by the worker, or on his behalf, as soon as practicable after the happening of it and before the worker has voluntarily left the employment in which he was injured.
(7) The notice to the employer by the worker shall give the name and address of the worker, and shall be sufficient if it states in ordinary language the cause of the injury and where the accident happened.
(8) Repealed. [S.N.B. 2013, c. 14, s. 2]
(9) Similar notice shall also be given by the worker to the Commission.
(10) Failure to give the prescribed notice to the employer or any defect or inaccuracy in a notice does not bar the right to compensation if in the opinion of the Commission the employer is not prejudiced thereby.
[1981, c. 80, s. 3; 1994, c. 70, s. 12; 2013, c. 14, s. 2; 2019, c. 39, s. 14]
First Aid Regulation - Occupational Health and Safety Act
N.B. Reg. 2004-130
Section 9 Report of injury or illness
9. An employee shall report an injury or illness to the employer as soon as practicable after the injury or the first signs of the illness.