You can check on your claim status online. Register with MyServices to see where we are in the application process.
NB General Regulation 91-191 requires employers to arrange for air testing to determine the level of concentration of an air contaminant when the concentration of the air contaminant may reach 50% of its Occupational Exposure Limit (OEL). A work process generating silica dust in the workplace would trigger this clause. Therefore, the employer is required to determine the level of silica exposure either by conducting air sampling or by use of the Silica Control Tool, and to implement reasonable controls based on the results. WorkSafeNB accepts both methods.
MyServices is a secure and confidential online portal where you can check your claim status. Once a claim is accepted, you can also:
Information on how to pay the administrative penalty is included in the Notice of Administrative Penalty. You will also receive a return form that we ask that you return with your payment. Payment can be made by cheque to WorkSafeNB or internet banking Administrative penalties are to be paid within 30 days of receiving the notice.
Administrative penalties can be appealed to WorkSafeNB’s Chief Compliance Officer. Instructions on how to appeal can be found on the appeals process information page.
While administrative penalties can be applied whenever an officer issues an order as a result of a violation of the Occupational Health and Safety Act or Regulation, WorkSafeNB has selected specific provisions* where administrative penalties could be imposed.
* provisions will be reviewed on a regular basis and are subject to change.
Starting in May 2021, administrative penalties may be imposed:
• When a workplace party is in violation of sections of legislation identified by WorkSafeNB as high risk and are more likely to result in serious injury;
• When a workplace party is in repeated violation of the same section of legislation, within a 2-year period; and
• As directed by a WorkSafeNB health and safety initiative such as the enforcement of COVID-19 Public Health measures.
When a health and safety officer issues an order for a violation subject to an administrative penalty, the affected workplace party will be verbally informed. If confirmed, a Notice of an Administrative Penalty will be delivered by registered mail within 28 days of the order. There may be situations where in-person delivery may be necessary.
Anyone who has responsibilities to comply with the requirements of the Act and the regulations (employer, contractor, sub-contractor, contracting employer, supplier, supervisor, owner or employee) may receive an administrative penalty.
Amounts are specified in legislation and allow for increasing amounts when the workplace party has already received a penalty within the past three years.
|
Workplace party |
1st Administrative Penalty |
2nd Administrative Penalty |
3rd or more Administrative Penalty |
|
Employer, Contractor, Subcontractor, Contracting employer, Supplier |
$500 |
$1,000 |
$2,000 |
|
Supervisor, Owner |
$250 |
$500 |
$1,000 |
|
Employees |
$100 |
$200 |
$500 |
The money from administrative penalties goes to the WorkSafeNB Accident Fund and will be used to support health and safety initiatives in New Brunswick.
