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:
There are two things that all employers in the province, regardless of size or nature of work, are required to do:
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:
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:
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.
Current back up alarms have limitations related to noise, localization, and hearing damage. The white noise alarms address many of these concerns. We have a section on our website devoted to the differences, where you can hear examples and learn more about the new technology.
The only mention of reflectorized vests or jackets in the Occupational Health and Safety Act is under Section 91(2) of Regulation 91-191. It states: “An employer shall provide, and all signallers shall wear, a reflectorized vest or jacket when controlling the flow of traffic.” At this time, the regulation does not specify the colour of the reflective shirts, nor the colour of the reflective striping. Although not incorporated into the regulation, CSA Z-96.1 – Guideline on the selection, use and care of high-visibility safety apparel can be used in selecting reflective clothing.
Supervisors and employers must develop and enforce safety policies fairly and equitably. Supervisors should be educated and trained on how to recognize possible impairment and how the workplace policies should be applied.
Common signs and symptoms of impairment – from cannabis use or other forms of drugs and alcohol – include the following and may help the early identification of an employee who might need help.
These signs and symptoms alone or in combination do not necessarily mean that somebody has a substance use problem and the signs are different from person to person. But they may be indicators that your employee is in trouble or in need of aid.
This list includes the main signs, but there may be others.
Physical: poor appearance/hygiene, sweating, headaches, tremors, diarrhea, restlessness, slurred speech, unsteady gait
Psychosocial: mood fluctuations, inappropriate verbal or emotional responses, irritability, confusion, memory lapses, isolation, lack of focus, lying
Performance: calling in sick frequently or working more overtime, arriving late/leaving early, extended breaks, errors in judgment, deterioration in performance, non-compliance with policies, changes in quality of work
