Frequently Asked Questions

The legislation pertaining to harassment will impact all NB workplaces. Each workplace will be required to develop a code of practice to prevent and manage harassment. 

However, the legislation addressing workplace violence has two major requirements:

1. All NB workplaces will be required to conduct a risk assessment to determine the likelihood of violence.
2. A code of practice will be required under certain circumstances that are found in sections 374.2 (3) and (4).

 Yes. These include:

• Working with the public (receptionists, retail workers)
• Handling money, valuables or prescription drugs (cashiers, pharmacists)
• Carrying out inspection or enforcement duties (health and safety officer, by-law enforcement)
• Working with unstable or volatile persons (social services, health care, criminal justice system)
• Providing service, care, advice or education (health care, teachers)
• Working on premises where alcohol is served (food and beverage staff)
• Working in a mobile workplace (taxis, public transit). 

Furthermore, the risk of violence may be higher at certain times of the day, night or year. For example:

• Late-night or early-morning hours
• Tax return season
• Overdue utility bill cut-off dates
• Holidays
• Paydays
• Performance appraisals
• Report cards or parent interviews

• Violence and harassment affects the safety and security of employees, customers, clients and business owners.
• It claims a high personal cost from the emotional trauma and physical injury experienced by victims, their families and co-workers.
• It brings high costs to the employer.

The regulation is designed to prevent the effects of violence on employees. It does not change how law enforcement should respond to criminal acts of violence.  Therefore, if an act of violence at work appears to be criminal in nature (physical assault), law enforcement agencies will need to get involved.

When you’re hurt on the job, WorkSafeNB is there to help you get back to work and feeling like yourself again. We can provide compensation coverage and arrange for treatment.

In the case of workplace harassment and violence, WorkSafeNB can provide compensation coverage to a worker when the incident has resulted in a diagnosable injury or illness. With violence, it may be physical, but for harassment the injury may be psychological. Compensation is available for psychological injuries when they meet the criteria of a traumatic event, which is defined as being exposed to one or more of the following:

• Death
• Threat of death
• Actual or threatened serious injury
• Actual or threatened sexual violence

There are two things that all employers in the province, regardless of size or nature of work, are required to do:

• Develop and implement a code of practice for workplace harassment.
• Conduct and document a risk assessment for violence at their workplace. As a smaller employer, depending on the results of the risk assessment, you may need to implement a code of practice on workplace violence.

If you do not offer services* specified in the regulation and have fewer than 20 employees regularly employed in the province, you must still complete a risk assessment for violence at your workplace. If the risk assessment finds there is a risk for violence, you must establish a code of practice on violence. 

  *Specified services:

• Government and third-party service providers under government contract 
• Health care providers
• Veterinary services
• Pharmacies
• Education and child care providers
• Police and first responders
• Security services
• Retail services
• Delivery services
• Financial service providers
• Alcohol and cannabis sales
• Taxis and public transportation
• Gaming
• Home support services; and
• Crisis counselling and intervention service providers

As with all new legislation, WorkSafeNB takes a phased approach to compliance and enforcement. Health and safety officers have discretion when issuing orders and are advised to do so where appropriate. This could include setting the date by which the employer must comply with the order(s). When doing so an officer will consider the magnitude of work needed to comply. Any order can be appealed to the chief compliance officer within 14 days. The chief compliance officer’s decision can be appealed to the Workers’ Compensation Appeals Tribunal (WCAT).

For industries like construction, where work can be happening in various locations, the employer can develop a generic risk assessment and code of practice that reflects most projects. Once at the worksite, the employer can then review and amend the risk assessment (in consultation with the JHSC, health and safety representative or employees) to determine if changes are necessary and, if yes, modify the generic code of practice. 

The following information can be helpful in ensuring safe use of space heaters at your workplace:

• Space heaters must not have worn or damaged electrical cords, and all the plugs must be in good condition.
• Space heaters must contain a mechanism whereby the heater shuts off automatically if tipped over.
• Space heaters must be plugged directly into an electrical outlet. Do not use extension cords.
• Units should be turned off and unplugged when not in use, and at the end of each day.
• Units should be inspected frequently and before each use.
• Any unit found to be in poor operating condition, damaged, or used improperly, should be turned off, unplugged and reported to the supervisor.
• Keep space heaters at least three feet away from any combustible material (curtains, paper, cloth, etc.) and in a well-ventilated area.
• Portable heater should not be used for permanent heating.
• Heater location should not create a tripping hazard.
• Only approved space heaters should be used by employees.
• Do not use space heaters in wet areas.
• Follow all the manufacturer’s specifications.
• Ensure all the employees understand your policy.

This information can help you create a written policy on space heater use at your workplace. Additional information can be added in your policy as you see fit. This is not an exhaustive list, and if applicable you should include your joint health and safety committee on the creation of a space heater policy.

When the food carriers are hired as independent contractors, they would be entitled to medical and benefit coverage only if they chose to purchase optional protection as a self-employed person.