Emergency Procedures and Planning
An emergency response plan provides direction and guidance to help efficiently co-ordinate and manage resources in an emergency. It includes the actions necessary to reduce impact to people, property and the environment. Developing an emergency response plan begins with an assessment to determine:
- What emergencies could happen?
- What is the likelihood of an emergency occurring?
- What controls are in place or need to be put in place, to prevent an emergency from happening?
- What actions to take in an emergency.
- What resources would be required?
At the planning stage, it is important to get a wide range of people to participate. You may need to talk to all staff and departments, the joint health and safety committee (JHSC) and representatives, and appropriate community resources. If you are relying on help from an outside organization such as the fire department and other first responders, it is important to contact them ahead of time and discuss their availability, planning and response options. Communication, training and periodic drills are essential for a successful emergency response.
Employers
Employers with 20 or more regularly employed employees must consult with the committee to establish a health and safety program. The program may include the need for emergency procedures
In addition, employers must:
- Provide new employees with a health and safety orientation. That orientation must include training on emergency or rescue procedures specific to the workplace, if such procedures are required.
- Inform new employees of the location of first aid facilities and how to get first aid.
- Ensure employees understand who to contact for emergency assistance and how.
- Develop a written emergency transportation procedure on how and where to take sick or injured employees for medical services.
- Provide transportation when medical attention beyond first aid is needed.
- Ensure the workplace has the required number of staff designated, trained and available to provide first aid.
- Ensure first aid providers keep a logbook of treatment.
- Ensure the workplace has an emergency exit in case the normal exit is unusable or too dangerous to use.
- Provide independent emergency lighting with a minimum illumination of 50 lux.
- Frequently test any emergency lighting to ensure it is working properly.
- Ensure emergency equipment is available, ready and appropriate for the hazardous substances used in the workplace.
- Ensure designated emergency response staff are trained in the emergency procedures, including the required equipment.
- Clean up hazardous substance leaks or spills immediately.
Supervisors
- Understand all emergency and rescue procedures specific to their responsibilities in the workplace.
- Report all emergencies and unsafe conditions to the proper authorities.
- Maintain communication with others in the workplace during emergencies and when an employee is sick or injured.
- Maintain communication with employees who are working alone, working in isolation, and in situations where emergency help is not immediately available.
- Instruct employees in first aid and emergency procedures for the workplace and regularly review with them all emergency and rescue procedures specific to their responsibilities.
Employees
- Report any safety concerns at work to your employer or supervisor as soon as possible.
- Participate in orientation and training, including how to follow emergency procedures.
- Know your duties during an emergency, and how to safely evacuate.
Specific Situations
When working around or near water or other liquids that create a drowning risk
Please see the topic Water Safety
Confined Space
When employees are working in or near a confined space, employers must:
- Appoint a competent person to prepare a written report that sets out the emergency response procedures to follow in case of an accident or emergency in or near the confined space.
- Appoint a competent person to verify that entrances and exits of the confined space allow people using protective equipment or emergency equipment to safely enter and exit.
- Identify any protective or emergency equipment required by an employee involved in rescue operations.
- Ensure that employees about to enter a confined space, or who participate in rescue operations in a confined space, have read the code of practice and understand its contents. The employees must sign and date a copy of the code of practice.
- Instruct and train all employees who may need to rescue others in a confined space on the procedures and the necessary equipment.
- Ensure a trained employee is close to the confined space and able to help in an emergency or rescue operation.
- Ensure all the identified emergency equipment is:
- Inspected by a competent person
- In good working order
Working at Heights – Fall Protection
When employees are working from heights, employers must:
- Develop emergency and rescue procedures for using fall arrest systems
- Train employees in emergency and rescue procedures before using a fall arrest system.
Logging and Silviculture
When employees are working in logging or silviculture, employers must:
- Ensure that at least one supervisor is in each work area.
- Make sure that an effective communication plan is in place, and that every employee follows that plan.
- Before employees start work in a new area, a safety meeting must be held to inform employees about any hazards in that area, and the actions to take to eliminate or minimize the hazards. If an employee is not able to attend the safety meeting, the employer must make sure that they are provided with this information.
- Make sure a woods road is constructed as close as is practical to the logging area to allow reasonable access and efficient evacuation in case of an emergency.
Additional sections that have emergency requirements include:
- Water safety
- Hazardous substances
- Lock out
- Diving
- Workplace Hazardous Materials Information System (WHMIS)
- Underground mining
Woods Road means:
Any road, other than a local government road or provincial highway, through a forest area that provides access for the harvesting and extraction of raw forest products by means of a motor vehicle.
OCCUPATIONAL HEALTH AND SAFETY ACT
S.N.B. 1983, c. O-0.2
DUTIES OF EMPLOYERS, OWNERS, CONTRACTORS, SUB-CONTRACTORS, SUPERVISORS, EMPLOYEES AND SUPPLIERS
Section 8.1
8.1 (1) Every employer with 20 or more employees regularly employed in the Province shall establish and implement a written health and safety program, in consultation with the committee or the health and safety representative, that includes provisions with respect to the following matters:
(a) the training and supervision of the employees in matters necessary to their health and safety;
(b) the preparation of written work procedures and codes of practice for the implementation of health and safety work practices, required by this Act, the regulations or by any order made in accordance with this Act;
(c) the identification of the types of work for which the work procedures are required at the places of employment of the employer;
(d) a hazard identification system that includes
(i) evaluation of the place of employment to identify potential hazards,
(ii) procedures and schedules for inspections, and
(iii) procedures for ensuring the reporting of hazards, prompt follow-up and control of the hazards;
(e) a system for the prompt investigation of hazardous occurrences to determine their causes and the actions needed to prevent recurrences;
(f) a record management system that includes reports of employee training, accident statistics, work procedures and health and safety inspections, maintenance, follow-up and investigations; and
(g) monitoring the implementation and effectiveness of the program.
(2) The employer shall review its health and safety program at least once each year, in consultation with the committee or the health and safety representative, and shall update the program as required.
(3) The employer shall make a copy of the program and all records available
(a) to the committee or the health and safety representative, and
(b) on request, to an employee at the place of employment or the Commission.
[S.N.B. 2013, c. 15, s. 3; 2024, c. 5, s. 1]
Section 8.2
8.2 (1) For the purposes of this section, "new employee" means an employee who is
(a) new to a position or place of employment,
(b) returning to a position or place of employment in which the hazards have changed during the employee’s absence,
(c) under 25 years of age and returning to a position or place of employment after an absence of more than six months, or
(d) affected by a change in the hazards of a position or place of employment.
(2) The employer shall ensure that a new employee receives orientation and training specific to the new employee’s position and place of employment before the new employee begins work.
(3) Despite subsection (2), if the employer is satisfied, based on written documentation, that the new employee has satisfactory training from a previous employer or third party, the employer may provide orientation only.
(4) The orientation for a new employee shall include the following:
(a) the name and contact information of the new employee’s supervisor;
(b) the contact information of the committee or the health and safety representative;
(c) the new employee’s rights, liabilities and duties under this Act and the regulations, including reporting requirements and the right to refuse to perform an act under section 19; 3
(d) the health and safety procedures and codes of practice related to the new employee’s job tasks;
(e) the location of first aid facilities and how to obtain first aid;
(f) the procedures related to the reporting of illnesses and injuries;
(g) the procedures related to emergencies; and
(h) the use of personal protective equipment, if applicable.
(5) The employer shall keep records of the orientation and training of new employees for at least three years.
[S.N.B. 2013, c. 15, s. 3]
Section 9 Duties of employer
9. (1) Every employer shall
(a) take every reasonable precaution to ensure the health and safety of its employees;
(b) comply with this Act, the regulations and any order made in accordance with this Act or the regulations; and
(c) ensure that its employees comply with this Act, the regulations and any order made in accordance with this Act or the regulations.
(2) Without limiting the generality of the duties under subsection (1), every employer shall
(a) ensure that the necessary systems of work, tools, equipment, machines, devices and materials are maintained in good condition and are of minimum risk to health and safety when used as directed by the supplier or in accordance with the directions supplied by the supplier;
(a.1) ensure that the place of employment is inspected at least once a month to identify any risks to the health and safety of its employees;
(b) acquaint an employee with any hazard in connection with the use, handling, storage, disposal and transport of any tool, equipment, machine, device or biological, chemical or physical agent;
(c) provide the information that is necessary to ensure an employee’s health and safety;
(c.1) provide the instruction that is necessary to ensure an employee’s health and safety;
(c.2) provide the training that is necessary to ensure an employee’s health and safety;
(c.3) ensure that work at the place of employment is competently supervised and that supervisors have sufficient knowledge of all of the following with respect to matters that are within the scope of the supervisor’s duties:
(i) this Act and any regulations under this Act that apply to the place of employment;
(ii) any safety policy for the place of employment;
(iii) any health and safety program for the place of employment;
(iv) any health and safety procedures with respect to hazards in connection with the use, handling, storage, disposal and transport of any tool, equipment, machine, device or biological, chemical or physical agent by employees who work under the supervisor’s supervision and direction;
(v) any protective equipment required to ensure the health and safety of the employees who work under the supervisor’s supervision and direction; and
(vi) any other matters that are necessary to ensure the health and safety of the employees who work under the supervisor’s supervision and direction;
(c.4) ensure that work at the place of employment is sufficiently supervised;
(d) provide and maintain in good condition such protective equipment as is required by regulation and ensure that such equipment is used by an employee in the course of work;
(e) co-operate with a committee, where such a committee has been established, a health and safety representative, where such a representative has been elected or designated, and with any person responsible for the enforcement of this Act and the regulations.
(3) An employer shall develop a program for the inspection referred to in paragraph (2)(a.1) with the joint health and safety committee, if any, or the health and safety representative, if any, and shall share the results of each inspection with the committee or the health and safety representative.
[S.N.B. 2001, c. 35, s. 3; 2007, c. 12, s. 2; 2013, c. 15, s. 4; 2019, c. 38, s. 4; 2022, c. 32, s. 5]
Section 9.1 Duties of supervisors
9.1 (1) Every supervisor shall
(a) take every reasonable precaution to ensure the health and safety of the employees who work under the supervisor’s supervision and direction;
(b) comply with this Act, the regulations and any order made in accordance with this Act or the regulations;
(c) ensure that the employees under the supervisor’s supervision and direction comply with this Act, the regulations and any order made in accordance with this Act or the regulations; and
(d) co-operate with
(i) a committee, if a committee has been established,
(ii) a health and safety representative, if a representative has been elected or designated, and
(iii) any person responsible for the enforcement of this Act and the regulations.
(2) Without limiting the generality of the duties under subsection (1), every supervisor shall
(a) acquaint the employees under the supervisor’s supervision and direction with any hazard in connection with the use, handling, storage, disposal and transport of any tool, equipment, machine, device, or biological, chemical or physical agent;
(b) provide the information that is necessary to ensure the health and safety of the employees under the supervisor’s supervision and direction; and
(c) provide the instruction that is necessary to ensure the health and safety of the employees under the supervisor’s supervision and direction.
[S.N.B. 2019, c. 38, s. 5]
TOXIC SUBSTANCES
Section 42 Toxic substances
42. (1) Every employer at a place of employment shall prepare a list, in co-operation with the committee at the place of employment, if one exists, of all biological, chemical or physical agents used, handled, produced or otherwise present at the place of employment which may be hazardous to the health or safety of employees or which are suspected by the employees of being hazardous.
(1.1) Except where otherwise exempted by the regulations in respect of a claim for an exemption from disclosure of confidential business information in respect of a hazardous product, an employer, in preparing the list referred to in subsection (1), shall identify all such agents referred to in subsection (1) by their common or generic names where they are known to the employer.
(2) For every biological, chemical or physical agent listed under subsection (1), other than a hazardous product, the employer shall take all reasonable steps to ascertain from suppliers or otherwise and shall record;
(a) the ingredients thereof and their common or generic name or names;
(b) the composition and the properties thereof;
(c) the toxicological effect thereof;
(d) the effect of exposure thereto whether by contact, inhalation or ingestion;
(e) the protective measures used or to be used in respect thereof;
(f) the emergency measures used or to be used to deal with exposure in respect thereof; and
(g) the effect of the use, transport, storage and disposal thereof.
(3) The employer shall ensure that the list referred to in this section is kept current by amendments and shall provide a copy of the current list
(a) to the committee where one exists or to the health and safety representative, if any; and
(b) upon request, to an officer or any employee.
(4) Where the employer is unable to ascertain the ingredients or composition of any biological, chemical or physical agent listed under subsection (1), other than a hazardous product, the employer shall promptly provide the Commission with the trade name, and the name and address of the manufacturer of the substance.
[S.N.B. 1988, c. 30, s. 3; 2007, c. 12, s. 9; 2015, c. 28, s. 3; 2022, c. 32, s. 28]
General Regulation - Occupational Health and Safety
Act
N.B. Reg. 91-191
Part IV ILLUMINATION
Section 27 Failure of lighting system
27. (1) Where failure of the normal lighting system may constitute a danger to an employee's health or safety, an employer shall ensure that emergency lighting is available that
(a) is independent of the normal lighting source, and
(b) provides a minimum of 50 lux of lighting so as to enable an employee to leave the place of employment safely.
(2) An employer shall ensure that the emergency lighting referred to in subsection (1) is tested every month or at a frequency specified by the manufacturer to ensure that it will function in an emergency.
(3) This section does not apply where a firefighter is engaged in structural fire-fighting.
[N.B. Reg. 97-121, s. 7; 2024-38, s. 14]
28. Repealed. [N.B. Reg. 2024-38, ss. 15 -16]
Part VII PROTECTIVE EQUIPMENT
Section 49.2
49.2 (1) An owner of a place of employment, an employer and a contractor shall each ensure that any fall-arresting system consists of the following:
(a) a full body harness that is designed and rated by the manufacturer for the employee's body type and adjusted to fit the employee;
(b) a self-retracting lanyard, an energy absorbing lanyard or a lanyard and energy absorber that is rated by the manufacturer for the employee;
(c) unless it is a horizontal life line, an anchor point that is capable of withstanding a 22 kN force or, if used under the direction of a competent person, four times the maximum load that may be generated in the fall-arresting system.
(2) An owner of a place of employment, an employer and a contractor shall each ensure that a fall-arresting system limits
(a) free falls to the shortest distance possible, which distance cannot exceed 1.8 m or a shock level on the body of 8 kN, and
(b) the total fall distance to an amount less than the distance from the work area to any safe level, water or obstruction below.
(3) Despite subsection (2), if using an energy absorber is hazardous or not practical, the fall-arresting system shall
(a) not include an energy absorber,
(b) not use lanyards made of wire rope or other in-elastic material, and
(c) limit free falls to 1.2 m.
(4) Before any use of a fall-arresting system by an employee, an owner of a place of employment, an employer or a contractor shall develop a procedure to be used for rescuing an employee in an emergency.
(5) An owner of a place of employment, an employer and a contractor shall each ensure that an employee is trained to use the procedures referred to in subsection (4) for rescuing another employee in an emergency.
(6) If a fall-arresting system arrests a fall, an owner of a place of employment, an employer and a contractor shall each ensure that all components, including connecting components of a fall-arresting system are
(a) removed from service and inspected by a competent person,
(b) repaired to the designer's or manufacturer's specifications, or
(c) destroyed when a defect is observed.
[N.B. Reg. 2010-159, s. 5; 2022-27, s. 22]
Section 51
51. (1) The following definitions apply in this section.
"automatically inflatable personal flotation device" means a device that provides buoyancy through an automatic inflation mechanism with an oral inflation system as a back-up and when worn correctly supports a conscious person in an upright or backward leaning position, but is not designed to turn a person from a face-down to a face-up position in the water;
"life jacket" means an inherently buoyant device that when worn correctly supports a conscious or unconscious person in an upright or backward leaning position and is designed to turn a person from a face-down to a face-up position in the water;
"personal flotation device" means an inherently buoyant device that when worn correctly supports a conscious person in an upright or backward leaning position, but is not designed to turn a person from a face-down to a face-up position in the water, and includes devices that are designed to protect a person against hypothermia..
(2) If an employee is exposed to a risk of drowning, an owner of a place of employment, an employer and a contractor shall each ensure the employee uses one of the following:
(a) a fall-protection system;
(b) a life jacket that is approved by Transport Canada or by an agency permitted by Transport Canada to approve it;
(c) a personal flotation device that is approved by Transport Canada or by an agency permitted by Transport Canada to approve it;
(d) an automatically inflatable personal flotation device that is approved by Transport Canada or by an agency permitted by Transport Canada to approve it; or
(e) a personal safety net that conforms to the requirements of section 49.8.
(2.1) If a place of employment is a fishing vessel that has no deck or deck structure
(a) the owner of the place of employment and the employer shall each ensure that a fisher on board the fishing vessel wears a life jacket or flotation device referred to in paragraph (2)(b), (c) or (d), and
(b) a fisher on board the fishing vessel shall wear a life jacket or flotation device referred to in paragraph (2)(b), (c) or (d).
(3) The shell of a life jacket or flotation device referred to in paragraphs (2)(b) to (d) shall be bright yellow, orange or red and have retro-reflective material fitted on surfaces normally above the surface of the water.
(4) Despite subsection (2), an employee shall wear a life jacket when
(a) working alone, or
(b) there are insufficient resources to provide a quick and effective rescue.
(5) An employer and a contractor shall each ensure that an employee wears a life jacket or flotation device referred to in paragraphs (2)(b) to (d) when being transported in a boat.
(6) If an employee works on ice and the water under the ice is more than 1 m in depth, an employer and a contractor shall each test the ice before beginning any work and after as necessary to ensure that the ice will support any load placed on it.
(7) If an automatically inflatable personal flotation device is used, the employer and the employee shall each ensure that
(a) the device is inspected and maintained by a competent person in accordance with the manufacturer's specifications, and
(b) the date and details of the inspection and maintenance are recorded.
(8) If an employee may fall into water or any other liquid and may require assistance to return to a place of safety, an employer and contractor shall each ensure that a copy of emergency procedures is posted at the place of employment, and which copy shall contain
(a) a full description of the emergency procedures, including the responsibilities of all employees granted access to the place of employment; and
(b) the location of any emergency equipment and the name of the employee designated to operate the equipment.
(9) Emergency procedures shall include the following, as applicable:
(a) with regards to water or another liquid,
(i) its temperature,
(ii) its depth, and
(iii) its flow;
(b) any water traffic;
(c) the distance to the rescue boat;
(d) the distance to reach an employee;
(e) any projections or objects beneath the surface;
(f) any visibility issues;
(g) the time of day; and
(h) any adverse weather conditions.
(10) If an employee may fall into water or any other liquid and may require assistance to return to a place of safety, an employer and contractor shall each ensure that
(a) appropriate emergency equipment is ready to be used,
(b) a person who is competent to operate the emergency equipment is readily available to provide assistance, and
(c) an alarm system is provided to signal the need for a rescue.
(11) An employer and a contractor shall each ensure that an employee wears a life jacket or a personal flotation device when participating in a rescue.
(12) If an employer or contractor provides a boat for use in an emergency, the employer or contractor shall ensure
(a) that the rescue boat is equipped with a life ring or buoy that is attached to 30 m of rope and a boat hook, and
(b) that the rescue boat is motorized if the water is likely to be rough or swift.
[N.B. Reg. 97-121, s. 13; 2001-33, s. 22; 2010-159, s. 8; 2020-35, s. 10; 2022, c. 51, s. 2]
Part VIII HANDLING AND STORAGE OF MATERIALS
Section 69
69. An employer shall ensure that
(a) only working quantities of hazardous substances are kept in areas where employees are working,
(b) emergency equipment and material appropriate to be used in the event of escape or spill of a hazardous substance are readily available,
(b.1) a storage area for a hazardous substance is clearly identified by a placard that meets the standards set out in the "National Fire Code of Canada 2010",
(c) any spillage of a hazardous substance is immediately and adequately cleaned up, and
(d) a hazardous substance is disposed of so that it will not create a hazard to the health or safety of employees.
[N.B. Reg. 2024-38, s. 46]
Part X CONSTRUCTION, TRAFFIC AND BUILDING SAFETY
Section 113 Access to and egress from work area
113. (1) An employer shall provide a safe means of access to and egress from all areas where work is performed.
(2) An employer shall ensure that an emergency means of escape is provided from any area where the normal means of escape may be rendered dangerous or unusable.
(2.1) This section does not apply where a firefighter is engaged in structural fire-fighting or rescue.
(3) Repealed. [N.B. Reg. 96-106, s. 4]
[N.B. Reg. 96-106, s. 4; 97-121, s. 20]
Part XVII CONFINED SPACE
Section 262.01 Code of practice - confined space
262.01(1) Before entry is permitted in a confined space, an employer, a contractor and an owner of a place of employment shall each ensure that a code of practice is established for the confined space
(2) An employer shall consult with the committee or health and safety representative, if any, or with employees if there is no committee or representative, in developing the code of practice.
(3) The code of practice shall contain the following information:
(a) the date and authorized duration of the code of practice;
(b) the location of the confined space to which the code of practice applies;
(c) the names of the entry supervisor, emergency response team leader, attendant and air supply system attendant, if applicable, and the entrant;
(d) a description of the work to be performed;
(e) a description of any possible hazards that may affect the health or safety of employees;
(f) the procedures to be followed and the equipment to be used to perform the work; and
(g) the procedures to be followed and the equipment to be used in the event of an emergency.
(4) An employer shall ensure that all employees involved in confined space work are adequately instructed and trained in the code of practice and the procedures identified in the code of practice.
(5) The code of practice shall be posted conspicuously near the entrance to the confined space.
(6) An employee shall comply with the code of practice, and an employer shall ensure that employees comply with the code of practice.
(7) An employee who will enter into a confined space or who may undertake a rescue operation in a confined space shall read the code of practice and acknowledge that the employee has received and understood the instructions in the code of practice by signing and dating a copy of the code of practice.
(8) An employer shall ensure that the code of practice and any records associated with the code of practice, including an equipment calibration and maintenance log, are kept for a period of two years from the date on which the entry supervisor signed and dated the code of practice.
(9) An employer shall ensure that a copy of the code of practice is made available to an officer on request.
[N.B. Reg. 2022-79, s. 55]
Section 262.02 Entry and exit of confined space
262.02 Before entry is permitted in a confined space, an employer and a contractor shall each ensure that a competent person verifies that the opening of the confined space is large enough to allow safe entry and exit by an entrant wearing personal protective equipment and a member of the emergency response team using emergency response equipment.
[N.B. Reg. 2022-79, s. 55]
Section 262.031
Duties of emergency response team leader262.031 An emergency response team leader shall ensure that
(a) a written emergency response procedure is established,'
(b) the emergency response procedure is adequate to protect the health and safety of employees and indicates the number of employees required in case of an emergency,
(c) the members of the emergency response team perform a simulated rescue at least once a year, and
(d) the procedures to be followed and the equipment to be used in the event of an emergency are followed and used correctly.
[N.B. Reg. 2022-79, s. 55]
Section 262.04 Responsibilities of attendant
262.04 An attendant shall
(a) be stationed at all times outside the point of entry to or exit from the confined space and continuously monitor work in and near the confined space,
(b) be knowledgeable about the actual and potential hazards associated with entering a confined space,
(c) maintain two-way communication with the entrant,
(d) review the entry procedures prior to entry,
(e) during the entry,
(i) monitor conditions and changes that could adversely affect the health or safety of the entrant,
(ii) ensure that the procedures to be followed and the equipment to be used in the event of an emergency are followed and used correctly,
(iii) recognize the signs and symptoms of illnesses, injuries and hazard exposures that can compromise the health or safety of the entrant,
(iv) have a means for two-way communication with the entry supervisor and emergency response team leader, and
(v) keep track of entrants entering and exiting the confined space.
[N.B. Reg. 2022-79, s. 55]
Section 262.041 Responsibilities of attendant in emergencies
262.041 In an emergency, an attendant shall
(a) initiate the emergency response procedure,
(b) order an evacuation of the confined space, if necessary, and
(c) assist with or perform a non-entry rescue as set out in the code of practice.
[N.B. Reg. 2022-79, s. 55]
Section 262.084 Protective equipment
262.084 An employer and a contractor shall each ensure that all protective equipment and emergency equipment identified in the code of practice have been inspected by a competent person and are in good working order.
[N.B. Reg. 2022-79, s. 55]
Part XX UNDERWATER DIVING OPERATIONS
Section 308
308. A diving supervisor's duties shall include
(a) planning the dive or dives in detail,
(b) briefing the crew,
(c) ensuring that all necessary equipment is provided and is in good operating condition,
(d) supervising the entire diving operation, and
(e) instructing the crew in emergency procedures.
Part XXI LOGGING AND SILVICULTURE OPERATIONS
Section 344 Supervisors
344. An employer shall ensure that at least one supervisor is present in each work area.
[N.B. Reg. 2022-27, s. 49]
Section 345.1 Communication plan - logging operations
345.1 An employer shall ensure that an effective communication plan is in place for employees involved in a logging operation and every employee shall follow the communication plan.
[N.B. Reg. 2022-27, s. 51]
Section 345.2 Initial safety meeting
345.2 (1) Before employees start work in a new work area, a safety meeting shall be held to inform the employees of any hazards in that area and the actions to be taken to eliminate or minimize the hazards.
(2) If an employee fails to attend the safety meeting, the employer shall ensure the employee is informed of any hazards in the work area and the actions to be taken to eliminate or minimize the hazards.
[N.B. Reg. 2022-27, s. 51]
Section 360 Woods Roads
360. (1) In this section and sections 361 to 364, "woods road" means any road, other than a local government road or provincial highway, through a forest area that provides access for the harvesting and transportation of raw forest products by means of a vehicle.
(2) An employer shall ensure that a woods road
(a) is provided with wide sections for passing if the road has only one travelling lane,
(b) has stop signs conspicuously located at intersections,
(c) has signs warning of dangerous curves and blind or steep hills conspicuously located to allow for ample reaction time, and
(d) is kept in a safe condition.
(2.1) If a logging operation, a silviculture operation or woods road building work is being carried out and interferes with the flow of vehicular traffic, an employer shall ensure that adequate warning signs are posted and made visible in both directions.
(3) An employer shall ensure that a woods road is constructed as close as is practicable to a logging area to allow reasonable access and efficient evacuation in the event of an emergency.
(4) An employer or property owner shall notify the authority owning or operating an energized electrical utility line of the intention to build a woods road close to the electrical utility line, the location of the planned work and the time and duration of the planned work before any work is done.
(5) An employer shall ensure that a woods road is not built any closer to an energized electrical utility line than the distances specified by an authority referred to in subsection (4).
[N.B. Reg. 2005-80, s. 2; S.N.B. 2017, c. 20, s. 122; 2022-27, s. 61]
First Aid Regulation - Occupational Health and Safety Act
N.B. Reg. 2004-130
Section 4 Employer responsibilities
4. (1) Subject to subsections (2) and (3), an employer shall provide and maintain first aid kits, first aid providers and first aid rooms at a place of employment in accordance with the standards established in subsection 7(0.1) and with Schedule A for the maximum number of employees present during a shift.
(2) Subject to subsection (3), where a place of employment is a project site, the contractor shall provide and maintain first aid kits, first aid providers and first aid rooms in accordance with the standards established in subsection 7(0.1) and with Schedule A for all persons having access to the project site, and the provisions of this Regulation that apply to an employer apply to a con‐ tractor at every project site for which the contractor is responsible for the health and safety of persons having access to the project site.
(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.
[N.B. Reg. 2023-45, s. 2]
Section 5 Emergency communication procedure
5. (1) An employer shall ensure that an emergency communication procedure is established in order for employees to summon assistance in the event of an illness or accident of an employee.
(2) The communication procedure shall
(a) be in writing,
(b) describe how to contact assistance,
(c) provide directions to the place of employment and instructions as to how to access the place of employment, and
(d) be posted in a conspicuous place at the place of employment.
(3) Where the posting of the emergency communication procedure is not practicable, an employer shall ensure that each employee is informed of the contents of the emergency communication procedure.
Section 6 Emergency transportation
6. (1) An employer shall prepare, in writing, a transportation procedure that describes arrangements for the transportation of injured or ill employees from the place of employment to the nearest health care facility.
(2) Where it is necessary to move an injured or ill employee from an isolated site to another place in order to transfer to an ambulance, an employer shall ensure that the transportation is by a means that
(a) is suitable, considering the distance to be travelled and the types of serious injuries or illnesses that may occur,
(b) affords protection against the weather,
(c) is equipped with a means of two-way voice communication with the emergency medical services to which the injured or ill employee is being transported, and
(d) is of sufficient size and suitability to accommodate a stretcher and accompanying persons where required.
(3) An employer shall provide a means of communication to summon the transportation in the event of a medical emergency and shall ensure that transportation is readily available in the event of a medical emergency when work is carried out at an isolated site.
(4) Where an employee is seriously injured or needs to be accompanied during transport, an employer shall ensure that the employee is accompanied by at least one first aid provider who is not the operator of the transportation.
Section 7 First aid providers
7. (0.1) For the purposes of sections 7 to 13, standards for workplace first aid training and first aid kits are established by the adoption of the following standards:
(a) CSA Group standard Z1210-17 (R2021) , First aid training for the workplace - Curriculum and quality management for training agencies; and
(b) CSA Group standard Z1220-17 (R2021) , First aid kits for the workplace.
(1) An employer shall designate one or more employees to act as first aid providers and maintain a record of the names of each employee who is designated as a first aid provider.
(1.1) An employer may designate an employee who is a competent medical practitioner, nurse or paramedic as a first aid provider without requiring the employee to complete the workplace first aid training referred to in section 8.
(2) An employer shall post, at a conspicuous place at the place of employment, signs that state the names of first aid providers.
(3) Where the posting of a sign is not practicable, the employer shall ensure that each employee is informed of the identity of first aid providers.
(4) An employer shall ensure that a designated first aid provider
(a) does not perform work of a nature likely to affect the ability to administer first aid, and
(b) is equipped, when administering first aid, with a CPR resuscitation barrier device with one-way valve and gloves that comply with the requirements of CSA Group standard Z1220-17 (R2021) set out in subsection (0.1).
[N.B. Reg. 2023-45, s. 3]
Section 8 First aid training
8. (1) Subject to subsection 7(1.1), an employer shall ensure that each employee who is designated as a first aid provider is trained in accordance with CSA Group standard Z1220-17 (R2021) set out in subsection 7(0.1) in workplace first aid appropriate to the level of risk in the place of employment or the nature of the activities carried out in the place of employment, which is
(a) for work that is not high hazard work, the basic training level, or
(b) for high hazard work, the intermediate training level.
(2) Workplace first aid training shall meet the follow‐ ing requirements:
(a) it is provided by a training agency that meets the requirements of the standard for the development and maintenance of the training program provided;
(b) it complies with the clauses of the standard; and
(c) it is approved by the Chief Compliance Officer.
(3) Workplace first aid training under subsection (1) shall include a knowledge component and a practical skills demonstration of the minimum duration set by the standard.
(4) An agency providing workplace first aid training shall issue a workplace first aid certificate that meets the content and format requirements specified in the standard to all first aid providers who have demonstrated the necessary competencies in accordance with the standard and who have completed the training with satisfactory results.
(5) A certificate issued in accordance with this section is valid from the date of issue for the duration specified in the standard.
[N.B. Reg. 2023-45, s. 4]
Workplace Hazardous Materials Information System Regulation - Occupational Health
and Safety Act
N.B. Reg. 2016-6
EMPLOYEE EDUCATION, INSTRUCTION AND TRAINING
Section 7 Program of employee education, instruction and training
7. (1) An employer shall ensure that an employee who works with a hazardous product or who may be exposed to a hazardous product in the course of his or her work activities receives education, instruction and training in
(a) the content required on a supplier label and workplace label and the purpose and significance of the information contained on the labels,
(b) the content required on a safety data sheet and the purpose and significance of the information contained on the safety data sheet,
(c) procedures for the safe use, storage, handling and disposal of a hazardous product,
(d) specific information needed for the safe use, storage, handling and disposal of a hazardous product contained or transferred in
(i) a pipe,
(ii) a piping system including valves,
(iii) a process vessel,
(iv) a reaction vessel, or
(v) a tank car, tank truck, ore car, conveyor belt or similar conveyance,
(e) procedures to be followed where fugitive emissions are present and where employees may be exposed to the fugitive emissions, and
(f) procedures to be followed in case of an emergency involving a hazardous product.
(2) An employer shall ensure that the program of employee education, instruction and training required by subsection (1) is
(a) developed and implemented for the employer’s place of employment,
(b) related to any other hazard prevention and control program at the place of employment, and
(c) developed and implemented in consultation with the committee, if any, or the health and safety representative, if any.
(3) So far as is reasonably practicable, an employer shall ensure that
(a) the program of employee education, instruction and training required by subsection (1) results in an employee being able to apply the information as needed to protect the employee’s health and safety,
(b) the knowledge of the employees is periodically evaluated using a written test, practical demonstration or other suitable means, and
(c) the requirements of paragraph (b) are determined in consultation with the committee, if any, or the health and safety representative, if any.
(4) An employer shall review at least annually, or more frequently if required by a change in work conditions or available hazard information, and in consultation with the committee, if any, or health and safety representative, if any, the education, instruction and training provided to employees concerning hazardous products.
Underground Mine Regulation - Occupational Health and Safety Act
N.B. Reg. 96-105
Part V EMERGENCY PREPAREDNESS AND FIRE PROTECTION
Section 64 Emergency preparedness plan
64. (1) An employer shall prepare an emergency preparedness plan, in writing, that is to be followed both on the surface and underground in case of a fire or other emergency occurring underground or in a building or structure where the entrance to the mine may be endangered.
(2) An employer shall file a copy of the emergency preparedness plan with the Commission and the committee within one month after the commencement of this Regulation and in the case of a person who becomes an employer after the commencement of this Regulation, within three months after becoming an employer.
(3) An employer shall ensure that the emergency preparedness plan is updated at least annually or whenever a change in the plan is necessary, whichever occurs first, and that a copy of the updated plan is filed with the Commission and with the committee within one month after the plan is updated.
(4) An employer shall ensure that all employees whose health and safety might be affected by a fire or other emergency are adequately instructed and informed regarding their duties and responsibilities in the event it is necessary to implement the emergency preparedness plan.