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Any decision made by an employee of WorkSafeNB can be appealed to the Appeals Tribunal. Decisions brought to the Appeals Tribunal for a final decision are wide and varied. One can appeal any decision made on any issue of a claim during the life of the claim. Decisions may concern the acceptance of a claim, reopening of a claim, the determination of benefits, suspension of benefits, all types of prescriptions or medication, assessments, work capacity evaluations, choice or duration of any treatments, and the level of care allowance, to name a few. A one-year time limit does apply to appeals made under the Workers’ Compensation Act, the Firefighters’ Compensation Act and the Workplace Health, Safety and Compensation Commission Act. The Appeals Tribunal has the authority to extend the period within which an appeal may be made.


Date: March 26, 2018

WorkSafeNB does not publicly release the name of a person who was injured in a workplace incident. WorkSafeNB can and often releases the type of injury or disease that occurred as well as details regarding how an injury or disease happened. It does not, however, release details of a person’s medical condition. Following its mandate to promote safe and heathy workplaces, WorkSafeNB does provide some information that may lead to awareness and prevention of workplace incidents and diseases.


Date: March 26, 2018

There are two types of coverage a worker can receive when working outside the province: temporary coverage from the receiving jurisdiction and extended WorkSafeNB coverage.

The employer must first determine from the receiving jurisdiction (board or commission) whether coverage is mandatory in that jurisdiction. If it is, the employer must obtain temporary coverage in that region. If it is not mandatory, WorkSafeNB recommends that coverage be extended. To qualify for this coverage, the worker’s usual place of employment must be within the province of New Brunswick. Other conditions also apply. See page 10 of Workers’ Compensation: A Guide for New Brunswick Workers.


Date: March 26, 2018

Employers have two different timeframes to report accidents:

  • Immediately under the Occupational Health and Safety Act, for certain types of injuries
  • within three working days of receiving notification of the incident from the injured worker under the Workers’ Compensation Act, for injuries where there is likely to be a loss of earnings or medical aid to the injured worker and where the injured worker is unable to perform his/her regular work duties beyond the date of an incident
    (Employers should note that this applies to occupational diseases and repetitive strain injuries too)

Employers should also be aware that they have an obligation to write a procedure that requires a worker to notify the employer of a workplace incident.

Incidents not meeting the reporting requirements do not have to be reported to WorkSafeNB, however, employers are encouraged to report injuries that result in disablement beyond the date of incident. Further details on the criteria for reporting injuries are available on our website.

A claim application, Form 67, must be completed by the employer and the injured worker (employee). In the event that one of the parties is not able to complete the form, the injured worker or the employer can complete their portion of the form and submit to WorkSafeNB. WorkSafeNB will follow up with the other party. Once the Form 67 has been submitted, WorkSafeNB will proceed with adjudicating the claim. If you have any further questions, please call 1 800 222-9775.


Date: March 26, 2018

Sections 38(1) and 41(2) of Regulation 91-191 apply to personal protective equipment (PPE) in a warehouse setting.

Under Section 38(1), an employer must provide PPE and ensure that the employee is trained in its proper use and care. Section 41(2) states that employees exposed to a hazard at the workplace (other than a project site) that could injure the foot must use protective equipment appropriate to the hazard and that conforms to CSA standard CAN/CSA-Z195-M92, Protective Footwear or a standard offering equivalent protection. Also note that employers are required to acquaint workers with hazards associated with the work being carried out (Section 9(2)(b) )

Click here for WorkSafeNB’s legal interpretation of “provide.”


Date: March 26, 2018

In New Brunswick we cite American National Standards Institute’s (ANSI) standard Z89.1-1997, American National Standard for Personnel Protection – Protective Headwear for Industrial Workers – Requirements or equivalent. Therefore, the use of protective headwear in provincial workplaces must meet both this standard and the manufacturer’s requirements.

Z89.1-1997 contains the following definitions:

  • Brim - an integral part of a helmet shell extending outward around the circumference of the lower shell.
  • Cap - a helmet without a full brim, which may include a peak
  • Harness - the complete assembly used to maintain a helmet in correct wearing position in the wearer’s head.
  • Hat - a helmet with a full brim.
  • Peak - a part of the shell extending forward over the wearer’s forehead.

The standard’s design, performance or testing requirements do not vary between caps or hats. In other words, as far as ANSI’s concerned, certified hats and caps both provide equal impact and penetration protection. In fact, throughout the document there is no mention of testing the peak or requiring the peak to be pointed forward during testing. The impact and penetrations test required for the front, rear and sides of the test samples are identical.

Furthermore, Appendix A – Recommendations, Cautions, Use and Care does not recommend the peak be worn forward, nor does it oppose the peak being worn backwards.

Lastly, there exists ANSI-certified protective headwear that is marketed as rearward peak protective headwear. The technical director of one such manufacturer confirmed that they have simply installed the harness backwards.

If the harness is oriented in the proper direction and the manufacturer does not disallow re-installing the harness in the orientation so the peak is towards the back of the head, then it is acceptable to wear the headwear with the peak backward. However, workplaces may impose requirements above and beyond the requirements of General Regulation 91-191. As an employer, if you feel the peak adds protection, you may require your employees to wear their protective headwear with the peaks forward.


Date: March 26, 2018

In cases where workers purchase safety equipment instead of the employer, the legislative requirements do not change. Your responsibilities as an employer are outlined in the fall-protection system section of the General Regulation 91-191 under the Occupational Health and Safety Act.

To answer your question regarding body harness inspection and who is responsible, the responsibility stays the same under the General Regulation, no matter who purchases the equipment. As outlined in subsection 50.4(1):

50.4(1)An owner of a place of employment, an employer and a contractor shall each ensure that each component of a fall-protection system is inspected as follows to determine whether there are any defective or inadequate components:

 

(a)visually by the employee before use during a shift; and
(b)by a competent person before initial use and periodically as recommended by the manufacturer, installer or an engineer.


 

Paragraphs 54.1(1)(a) and 54.1(1)(b) puts inspection responsibilities of the equipment on the employer. But from paragraph 50.5(1)(a), the responsibility for the equipment to be inspected before use is shared by the employer and the employee:

50.5(1)An employer and an employee shall each ensure that each component of a personal fall-protection system is inspected as follows to determine whether there are any defective or inadequate components by the employee prior to each use:

 

(a)by the employee prior to each use.

Date: March 26, 2018

As you are probably aware, Quebec and New Brunswick concluded an agreement in 2008 concerning labour mobility and recognition of qualification, skills and work experience in the construction industry. More information is available at the link below:

Québec / New Brunswick Labour Mobility Agreement for the Construction Sector

An out of province contractor with three or more employees must apply for compensation coverage in New Brunswick. Follow the link for the Application for WorkSafeNB Coverage form.


Date: March 26, 2018

As you are probably aware, a defibrillator is a machine that can help when ventricular fibrillation happens in the human heart. Ventricular fibrillation is a cause of cardiac arrest or heart attack. Since heart attacks can occur in the workplace, having an automated external defibrillator or (AED) available could save lives.

First Aid Regulation-2004-130 (Schedule A) outlines the equipment and supplies requirements for the workplace. You will note that AEDs are not a specific requirement.

However, you should note subsection 4(3) of the regulation:

4(3) The requirements set out in this Regulation are minimum requirements, and each employer shall assess the risks that employees are likely to encounter at a place of employment and shall ensure that there are adequate first aid supplies, equipment, services and facilities in place for the provision of first aid, having regard to those risks.

 

This means that if your workplace believes that an AED could supplement your workplace’s first aid program, then the regulation would support such a decision.


Date: March 26, 2018

First, it should be noted that working outside the regulatory environment is not allowed unless a deviation from the regulations is granted.  Subsection 3(3) of the Occupational Health and Safety Act allows the chief compliance officer to grant deviations from the regulations if the proposed alternative provides protection to workers that is equal to or better than what the regulations requires.

3(3) Where an employer applies, in writing, for an authorization to deviate from any provision of the regulations, the chief compliance officer may give permission in writing for that deviation under such terms and conditions as he shall consider advisable

(a) in accordance with the standards, if any, prescribed by regulation for granting such deviations, or

(b) where no standards for granting deviations are prescribed by regulation, if he is satisfied that the deviation affords protection for the health and safety of employees equal to or greater than the protection prescribed by regulation.

In the example you give, you seem to assume that by using a crane to lift personnel in an emergency situation in confined space work may be a breach of the regulations.

In General Regulation 91-191, section 207, CSA standard Z150-98 must be complied with when mobile cranes are used in New Brunswick workplaces. From this standard, review section 5.4.7, Personnel Lifting.

You will note that not only does the standard allow for mobile cranes to be used to carry personnel but should you be able to comply with all the provisions, a deviation would not be required.

If, on the other hand, you are required to deviate from any of the sections above to use the crane in an emergency situation, a deviation will be required. 

Finally, paragraph 263(3)(d) of the regulations requires that a competent person establish the emergency procedures for work in confined space. Should the competent person make the decision that a mobile crane will be required for rescue, this person would need to be aware of the mobile crane requirements for use to carry personnel and ensure compliance with those provisions and any conditions set if a deviation is granted.


Date: March 26, 2018

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