Legislation
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 9 Duties of employer
- 9. (1) Every employer shall
- (a) take every reasonable precaution to ensure the health and safety of its employees;
- (b) comply with this Act, the regulations and any order made in accordance with this Act or the regulations; and
- (c) ensure that its employees comply with this Act, the regulations and any order made in accordance with this Act or the regulations.
- (2) Without limiting the generality of the duties under subsection (1), every employer shall
- (a) ensure that the necessary systems of work, tools, equipment, machines, devices and materials are maintained in good condition and are of minimum risk to health and safety when used as directed by the supplier or in accordance with the directions supplied by the supplier;
- (a.1) ensure that the place of employment is inspected at least once a month to identify any risks to the health and safety of its employees;
- (b) acquaint an employee with any hazard in connection with the use, handling, storage, disposal and transport of any tool, equipment, machine, device or biological, chemical or physical agent;
- (c) provide the information that is necessary to ensure an employee’s health and safety;
- (c.1) provide the instruction that is necessary to ensure an employee’s health and safety;
- (c.2) provide the training that is necessary to ensure an employee’s health and safety;
- (c.3) ensure that work at the place of employment is competently supervised and that supervisors have sufficient knowledge of all of the following with respect to matters that are within the scope of the supervisor’s duties:
- (i) this Act and any regulations under this Act that apply to the place of employment;
- (ii) any safety policy for the place of employment;
- (iii) any health and safety program for the place of employment;
- (iv) any health and safety procedures with respect to hazards in connection with the use, handling, storage, disposal and transport of any tool, equipment, machine, device or biological, chemical or physical agent by employees who work under the supervisor’s supervision and direction;
- (v) any protective equipment required to ensure the health and safety of the employees who work under the supervisor’s supervision and direction; and
- (vi) any other matters that are necessary to ensure the health and safety of the employees who work under the supervisor’s supervision and direction;
- (c.4) ensure that work at the place of employment is sufficiently supervised;
- (d) provide and maintain in good condition such protective equipment as is required by regulation and ensure that such equipment is used by an employee in the course of work;
- (e) co-operate with a committee, where such a committee has been established, a health and safety representative, where such a representative has been elected or designated, and with any person responsible for the enforcement of this Act and the regulations.
- (3) An employer shall develop a program for the inspection referred to in paragraph (2)(a.1) with the joint health and safety committee, if any, or the health and safety representative, if any, and shall share the results of each inspection with the committee or the health and safety representative.
[S.N.B. 2001, c. 35, s. 3; 2007, c. 12, s. 2; 2013, c. 15, s. 4; 2019, c. 38, s. 4; 2022, c. 32, s. 5]
General Regulation - Occupational Health and Safety Act
N.B. Reg. 91-191
Part XIX ELECTRICAL SAFETY
Section 286
286. In this Part
"electrical equipment" means any wiring, apparatus, instrument, fitting, fixture, machinery or device that transforms, transmits, distributes, supplies or utilizes electricity, but does not include energized electrical utility lines or utility line equipment or household appliances;
"electrical hazard" means a danger of electric shock, arc flash burn, thermal burn or arc blast injury resulting from contact with electrical equipment or failure of that equipment;
"electrically safe work condition" means, with respect to electrical equipment that operates at 30 VAC or 60 VDC or more, a state in which an electrical conductor or a circuit part has been disconnected from energized parts of the electrical equipment, locked out, tested to ensure the absence of voltage and, if necessary, grounded;
"energized", when applied to electrical equipment, means electrically connected to or a source of voltage;
"qualified person" means
-
- (a) when applied to work on electrical equipment, a person who meets the requirements of section 11 or 24 of New Brunswick Regulation 84-165 under the Electrical Installation and Inspection Act;
- (b) when applied to work on an energized electrical utility line or utility line equipment,
- (i) a person who holds a certificate of qualification issued under the Apprenticeship and Occupational Certification Act for the distribution construction lineman trade, the powerline technician trade or the power system technician trade, or
- (ii) a person who is registered as an apprentice under the Apprenticeship and Occupational Certification Act for an occupation described in subparagraph (i) and who is working under the supervision of a person described in subparagraph (i),
- (c) when applied to work in an arboricultural operation described in section 369 that occurs closer to an energized electrical utility line or utility line equipment than the distances set out in subsection 289(1), an employee who meets the requirements of section 369,
- (d) when applied to any other type of work that occurs closer to an energized electrical utility line or utility line equipment than a distance set out in subsection 289(1), an employee who is trained to use and follows a code of practice established by the employer, and
- (e) when applied to work referred to in paragraph (a), a person who is
- (i) knowledgeable about the provisions of this Act and the regulations that apply to the assigned work, and
- (ii) knowledgeable about the actual and potential dangers to health and safety associated with the assigned work.
[N.B. Reg. 2001-33, s. 94; 2022-79, s. 82]
Section 287 Qualifications
- 287. (1) An employer shall ensure that an employee does not work on energized electrical equipment unless the employee is a qualified person described in paragraph (a) of the definition "qualified person" in section 286.
- (2) An employer shall ensure that an employee does not work on an energized electrical utility line or utility line equipment unless the employee is a qualified person described in paragraph (b) of the definition "qualified person" in section 286.
- (3) Subject to paragraph 289(2)(b), an employer shall ensure that an employee does not work closer to an energized electrical utility line or utility line equipment than the applicable distance set out in subsection 289(1) unless the employee is a qualified person.
[N.B. Reg. 2001-33, ss. 95, 96]
Section 287.3
- 287.3 (1) An employer shall ensure that electrical equipment has a means of isolating its energy source and that the energy source is
- (a) lockable,
- (b) situated in a location that is familiar to all employees, and
- (c) properly identified.
- (2) An employer shall provide a safety lock and key to a qualified person who may be required to lock out the electrical equipment.
- (3) An employer shall establish a written lock out procedure for electrical equipment and ensure that a qualified person who may be required to lock out the electrical equipment is adequately instructed and trained to lock out the electrical equipment.
- (4) An employer shall ensure that before a qualified person works on electrical equipment
- (a) an electrically safe work condition is established, and
- (b) each qualified person who will be working on the electrical equipment
- (i) verifies that an electrically safe work condition is established,
- (ii) locks out the electrical equipment 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 electrical equipment,
- (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) Before working on electrical equipment, a qualified person shall verify that the requirements set out in subsection (4) have been complied with.
- (6) No person shall remove a safety lock or tag on electrical equipment except
- (a) the person who installed the safety lock or tag, or
- (b) in an emergency or, when attempts are made to contact the person referred to in paragraph (a) and the person is not available, a qualified person designated by the employer.
[N.B. Reg. 2001-33, s. 97; 2022-79, s. 85]
Section 287.4
- 287.4 (1) An employer and a qualified person shall each ensure that all testing and troubleshooting of electrical equipment is conducted in an electrically safe work condition.
- (2) An employer and a qualified person shall each ensure that the instruments, equipment and accessories used to test and troubleshoot electrical equipment are in good working condition and are rated for the circuits and electrical equipment to be worked on.
- (3) When the circumstances do not permit an electrically safe working condition to be established before working on or near energized exposed parts of electrical equipment, an employer shall ensure the work is carried out by a qualified person and the employer and qualified person shall each ensure that a code of practice referred to in section 287.41 is established.
[N.B. Reg. 2001-33, s. 97; 2022-79, s. 86]
Section 287.5
287.5 An employer shall ensure that main service switches and temporary panel boards of electrical equipment
- (a) are securely mounted on sufficient supports on an upright position,
- (b) are kept clear of any obstructions for one metre in front and two metres headroom,
- (c) are within easy reach of and readily accessible to authorized persons,
- (d) are adequately protected from weather and the accumulation of water,
- (e) have a suitable cover over uninsulated energized parts, and
- (f) have a label or other indicator that identifies what equipment is energized by each line.
[N.B. Reg. 2001-33, s. 97]
Section 287.41 Code of practice
- 287.41 (1) A code of practice for work on or near energized exposed parts of electrical equipment shall be in writing and shall contain the following information:
- (a) clearly established responsibilities and accountabilities for each person who may be exposed to electrical hazards;
- (b) a description of the circuit and electrical equipment to be worked on, their location, the work to be performed and the electrical hazards and other associated risks;
- (c) a justification for why the work needs to be performed in an energized condition;
- (d) the safe work procedures to be followed;
- (e) the voltage to which persons will be exposed;
- (f) a description of the personal protective equipment and other protective equipment to be used; and
- (g) a description of the means employed to restrict the access of unqualified persons to the work area.
- (2) An employer shall use CSA Standard Z462-15, "Workplace electrical safety" or a standard offering equivalent or better protection as a guide for the selection of personal protective equipment and other protective equipment that employees are required to use.
- (3) Before commencing work on or near energized exposed parts of electrical equipment, an employer or a contractor shall inform the employees involved in the work of the content of the code of practice and the supervisor shall document the communication of the information.
- (4) The requirements of subsection (3) apply whenever there is a change in the employees involved in the work on or near energized exposed parts of electrical equipment.
- (5) Whenever there is a change in the electrical equipment, an employer and a contractor shall each ensure that a new code of practice is established for the electrical equipment that contains the information set out in subsection (1).
- (6) An employer shall ensure that a copy of the code of practice is readily available to employees.
- (7) 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. 87]
Section 288 Protective Equipment
288. An employer shall ensure that an employee does not work on an energized electrical utility line or utility line equipment or closer to an energized electrical utility line or utility line equipment than the applicable distance set out in subsection 289(1) unless the employee uses rubber gloves, shields, insulated objects or other necessary protective equipment.
[N.B. Reg. 2001-33, ss. 98, 99]
Section 289 Utility Lines and Utility Line Equipment
- 289. (1) An employer shall ensure that an employee who is not a qualified person does not carry out any work, and no such employee shall carry out any work, that is liable to bring any person or object closer to an energized electrical utility line or utility line equipment than the distances specified in the following table:
| Phase to Phase Voltage of Energized Electrical Utility Line or Utility Line Equipment | Distance |
| Up to 750 v | 900 mm |
| 750 v - 100,000 v | 3.6 m |
| 100,001 v - 250,000 v | 5.2 m |
| 250,001 v - 345,000 v | 6.1 m |
- (2) Where an employee who is not a qualified person is about to commence work that is liable to bring any person or object closer to an energized electrical utility line or utility line equipment than a distance specified in subsection (1), an employer shall contact the authority owning or operating the energized electrical utility line or utility line equipment and shall ensure that the utility line or utility line equipment
- (a) is de-energized, or
- (b) is adequately insulated or guarded
- before permitting the employee to commence the work.
[N.B. Reg. 2001-33, s. 100]
Section 296
296. An employer shall ensure that no employee in a manhole or tunnel works on an energized electrical conductor or with electrical equipment having a potential in excess of 750 volts.
Section 297
297. Where an employee may come closer to an energized electrical utility line or utility line equipment than a distance specified in subsection 289(1), an employer shall ensure that the employee does not use, and an employee shall not use a metal ladder or wire reinforced ladder.