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Q&A: Legislative Amendments (June 2014)

Safety Policy [S. 8(1)]

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Do the responsibilities of the employer and the employees set out in the safety policy apply only to the legislated responsibilities?

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Does keeping a copy of the safety policy at each place of employment mean every building/facility/vehicle at which the employer has employees?

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How often should the safety policy be reviewed? (note: this would be different from "revised")

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When establishing the safety policy and other components of the health and safety program in consultation with employees, what does "consultation" mean?

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Question
What is meant by "regularly employed"?

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Question
How does subsection 8(1) apply in relation to subsection 17(1)?

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Health and Safety Program [S. 8.1(1)]

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If my company has a health and safety program that was developed in a different jurisdiction, is that sufficient in New Brunswick?

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With respect to the health and safety program records, if a remote site (construction job site)sends all its records to head office for filing,is that sufficient for having records available?

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If an employee requests a copy of the program and/or records related to the health and safety program, as an employer am I required to provide all the records to that employee?

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Question
What is involved in an annual review of a health and safety program?

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Question
My construction company has a Certificate of Recognition (COR) from the New Brunswick Construction Safety Association (NBCSA). Part of the requirement for the certificate is that we have a health and safety program. Does our current program meet the requirements of the new legislation?

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Question
NBCSA conducts an audit of our health and safety program every three years to determine its effectiveness and to confirm re-certification. One of the requirements for a health and safety program in the new legislation is that it is monitored to ensure implementation and effectiveness and that it be reviewed annually.

Does an audit by NBCSA meet the requirements of the legislation for monitoring and annual review of the health and safety program?

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Question
Why is "orientation" not specified in the health and safety program requirements?

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Question
If a workplace has an incident investigation procedure but they don’t follow it, could an officer write an order?

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Question
Subsection 8.1(1) states:

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...:

What if there is no JHSC or health and safety representative in the workplace? For example, I am an employer with 30 employees in the Province in three separate locations. Because each workplace has less than 20 employees and WorkSafeNB has not required the designation of a health and safety representative because we are considered low risk (see subsection 17(2) of the OHS Act), what is our obligation to consult in the establishment and review of the health and safety program?

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"New employee", orientation and training [S. 8.2(1) – 8.2(5)]

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Why is it necessary to define "new employee"?

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Would seasonal employees be included in "new employee" definition?

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Why does the definition differentiate for those employees under 25 years of age?

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In paragraph 8.2(4)(c), what does "liabilities" refer to?

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Question
Employers involved in construction and other types of work frequently obtain their employees from union halls or temporary employment agencies. This means that the same employees could be assigned to a different project or workplace being overseen either by the same employer or different employers. Who is responsible for the training and orientation of these workers?

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If an employer asks an employee for training records and the employee produces an NBCSA safety passsport, is that considered a record?

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What is the difference between orientation for new employees and training?

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Question
What is meant by "begins work"?

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As an employer, am I required to have employees sign-off on the training and/or orientation that they have received?

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Officer may require a written report [S. 33.1(1)]

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What criteria are required to satisfy an officer that the employer has complied with the requirements for a "written report"?

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With respect to subsection 33.1(3) of the OHS Act, there is a requirement for the employer and a member of the JHSC to sign the written report sent to the officer, is it acceptable for the plant manager and the JHSC employer representative to sign the report?

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Reporting of accidents and events [S.43(1) & 43(4)]

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Before these amendments workplaces had 24 hours to report exposures to the chief compliance officer. Why did it change?

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Question
What is meant by "a burn that requires medical attention" and "deep laceration"?

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Question
Paragraph 43(4)(b). What kinds of events or equipment failures would be considered "catastrophic"?

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Question
For the purposes of reporting an incident or injury, are health and safety officers considered "the Commission"?

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Question
Are needle-stick incidents covered in paragraph 43(4)(a)?

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Question
What is meant by ‘admission to a hospital facility”?

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Question
As an employer, if I fill out a Form 67 (Report of Accident or Occupational Disease) and it is sent to WorkSafeNB does that meet the reporting requirements?

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