Frequently Asked Questions

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Under current regulations, a (M)SDS may be made available on a computer. To do so, the employer must take all reasonable steps to keep the terminal in working order and it must be available to employees who may be exposed to the controlled/hazardous product as well as members of the joint health and safety committee, if any, or to the workplace’s health and safety representative. Employees who may be exposed to the controlled/hazardous product must also work near the computer (have easy and quick access) and be provided training for accessing the computer-stored (M)SDS.

Date: March 26, 2018

Requirements for the content of a first aid kit can be found in the First Aid Regulation 2004-130, in Schedule C, of the New Brunswick Occupational Health and Safety Act.

No special training is required to update first aid kits, but you could familiarize yourself with the First Aid Regulation. Although not required by regulation, automated external defibrillators (AED) are becoming more common in the workplace. If you are asked to service an AED, you should consult the manufacturer for its recommended maintenance.

As for a logbook, the regulation requires that a first aid kit contain one. This means first aid kit providers must include such a logbook. While WorkSafeNB does not have templates for one, the First Aid Regulation does specify what needs to be recorded after first aid is administered. Here is an example of a record sheet to log first aid treatments, which would likely meet the requirements of the regulation.

Date: March 26, 2018

While there are no specific regulations on this matter, the New Brunswick Occupational Health and Safety Act requires employers to address health and safety hazards at the workplace, including buildup of ice and snow.

As for the steps you should take, first raise the matter with your supervisor or employer. If you are not comfortable doing this, you could approach your joint health and safety committee (JHSC) at your workplace, if one exists.

You may also contact your human resources department if it is responsible for workplace health and safety. If the matter is still unresolved, you can contact WorkSafeNB to file a complaint. We often respond by sending a health and safety officer to investigate. If you prefer your complaint to remain anonymous, we will respect your wishes.

To file a complaint, contact WorkSafeNB at 1 800 999-9775.

Date: March 26, 2018

WorkSafeNB does not conduct routine air quality testing. Our agency conducts testing when complaints or concerns are made by workers regarding exposure to biological, chemical or physical agents. In other circumstances, an employer could request assistance from external consulting firms that specialize on this matter.

Your co-worker may contact our agency to provide details of the work location, conditions of the work environment and any other information that may be helpful for WorkSafeNB. The worker’s complaint can be kept confidential. Depending on the information provided, WorkSafeNB may send an occupational health and safety officer to investigate. At the very least, an officer from our agency would contact your co-worker to assess the nature of the complaint.

If your co-worker and your employer want to hire a consultant to conduct air quality tests, we can provide a list of specialists.

Date: March 26, 2018

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 1 800 999-9775.

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

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