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 VII PROTECTIVE EQUIPMENT
Section 38 General
- 38. (1) Where protective equipment is required to be used by an employee under this Regulation, an employer shall ensure that the employee is instructed and trained on how to use, care for and inspect the protective equipment in accordance with the manufacturer’s specifications.
- (2) Where protective equipment is required to be used by an employee under this Regulation, an employee shall
- (a) use the equipment that is required in accordance with the instruction and training received,
- (b) test or visually inspect the equipment before each use as appropriate to the type of equipment to be used,
- (c) report any defective equipment to the employer and not use the equipment, and
- (d) care for the equipment properly while using it.
[N.B. Reg. 2024-38, s. 23]
Section 39
39. Where an employee is exposed to a hazard that may irritate or injure the eyes, face, ears or front of the neck, the employee shall use protective equipment that is appropriate to the hazard and that conforms to CSA standard CAN/CSA-Z94.3-15, "Eye and face protectors" or a standard offering equivalent or better protection.
[N.B. Reg. 2001-33, s. 16; 2020-35, s. 2; 2022-27, s. 20]
Section 40
- 40. (1) On a project site, an employee shall use Class E, Type 2 headwear that conforms to CSA standard CSA Z94.1-15, "Industrial protective headwear - Performance, selection, care and use" or a standard offering equivalent or better protection.
- (2) At a place of employment, other than a project site, where an employee is exposed to a hazard that may injure the employee's head, the employee shall use protective equipment that is appropriate to the hazard and that conforms to CSA standard CSA Z94.1-15 "Industrial protective headwear - Performance, selection, care, and use" or a standard offering equivalent or better protection.
- (3) An employer shall provide the safety headwear referred to in subsections (1) and (2) to employees and shall ensure that the employees wear the headwear.
- (4) The safety headwear shall be equipped with a retention system to secure the safety headwear to the employee’s head when the employee is working in conditions that may cause loss of the headwear.
[N.B. Reg. 2001-33, s. 17; 2020-35, s. 3; S.N.B. 2024, c. 5, s. 2; 2024-38, s. 24]
Section 41
- 41. (1) On a project site, an employee shall use Grade 1 footwear with sole protection that conforms to CSA standard CSA-Z195:14, (R2019) "Protective Footwear" or a standard offering equivalent protection.
- (2) At a place of employment, other than a project site, where an employee is exposed to a hazard that may injure the employee's foot, the employee shall use protective equipment that is appropriate to the hazard and that conforms to CSA standard CSA-Z195:14 (R2019), "Protective Footwear" or a standard offering equivalent protection.
[N.B. Reg. 2001-33, s. 18; 2020-35, s. 4; 2022-79, s. 10]
Section 42
42. Where an employee is exposed to a hazard that may injure the skin, the employee shall use, as necessary,
- (a) adequate protective gloves,
- (b) adequate protective footwear,
- (c) adequate body covering,
- (d) Repealed. [N.B. Reg. 2024-38, s. 25]
- (e) a barrier cream or oil to prevent irritation to exposed parts of the body, or
- (f) other protective equipment sufficient to provide protection from the hazard.
[N.B. Reg. 2024-38, s. 25]
Section 43
- 43. (1) Subject to subsection (2), where an employee is handling objects that may injure the hands, the employee shall use adequate protective gloves or other protective equipment.
- (2) Where an employee is handling wire rope in a logging operation, the employee shall wear adequate double-palmed leather mitts or gloves.
Section 44
44. Where an employee is exposed to a hazard from extreme heat or extreme cold, the employee shall use adequate protective clothing.