Posting Requirements

As an employer you must post:

• A copy of the Act and any regulations that may apply to your workplace.
• Regulations that would apply to most workplaces include:
  • General Regulation 91-191
  • Workplace Hazardous Materials Information System 2016-6
  • First Aid 2004-130
• Others that may apply depending on the operations of your workplace include:
  • Code of Practice for Working Alone 92-133
  • Code of Practice – Working with Materials Containing Asbestos in New Brunswick
  • Underground Mining Regulations-96-205
• Notices and reports required by the Act, and any notice which an officer considers important for employees to understand their rights, liabilities and duties.
• If applicable, names of the joint health and safety (JHSC) committee members at that place of employment, and the minutes of the most recent committee meeting. The same requirements apply to a contractor on a project site.
• If applicable, the name of the elected health and safety representative. The same requirement applies at a contractor project site.

Other posting requirements include:

• Posting by the officer of a copy of an order he or she has issued at a workplace where there is no JHSC committee or health and safety representative.
• A copy of an order when there has been an appeal to the Chief Compliance Officer that has been confirmed, varied, revoked, or suspended and where there is no JHSC committee or health and safety representative.
• Any codes of practice established or adopted for the workplace.

The General Regulation also requires that the following items be posted:

• Signage indicating the location of emergency showers or eyewash fountains when the workplace is required to have them - ANSI standard Z358.1-2009 “American National Standard for Emergency Eyewash and Shower Equipment” or a standard offering equivalent or better protection.
• Signage indicating the range of noise levels measured and warning of the noise hazard if the noise level exceeds 85 dBA.
• A copy of the sketches of permanent anchor point (s) near the entrance to a roof.
• A copy of the emergency procedures if an employee may fall into water or other liquid and may need assistance to reach safety.
• The name of any gases stored and signs indicating no smoking near the storage areas.
• The safe working load capacity of a hoisting apparatus so that the operator of the apparatus can see it while using the apparatus.
• In an obvious location on an industrial lift truck, the manufacturer’s rated capacity.
• Copy of the Code of Practice posted near the entrance to the confined space.
• On woods roads, the load capacity at both ends of a bridge.

The First Aid Regulation requires employers to post:

• An emergency communication plan
• The names of the trained first aiders and
• Signs indicating the location of first aid kits.

Several posting requirements can also be found in the Underground Mining Regulation-96-105 and A Code of Practice for Working with Materials Containing Asbestos in New Brunswick (worksafenb.ca). It is important to review these documents to establish the posting requirements if they apply to your workplace.

Where posting is not possible, the employer must make sure each employee is appropriately informed. Electronic access to the Act and regulations and other documents is acceptable under certain conditions.

OCCUPATIONAL HEALTH AND SAFETY ACT
S.N.B. 1983, c. O-0.2

JOINT HEALTH AND SAFETY COMMITTEES

Section 14 Joint Health and Safety Committees

14. (0.1) This section does not apply to a project site.

(1) Every employer with twenty or more employees regularly employed at a place of employment shall ensure the establishment of a joint health and safety committee.

(1.1.) Repealed. [S.N.B. 2007, c. 12, s. 4]

(2) A committee shall consist of such number of persons as may be agreed to by the employer and the employees.

(3) A committee shall consist of equal representation from both the employer and the employees, and the employer shall designate the employer’s representative or representatives and the employees shall designate their representative or representatives.

(4) Where the employer and employees cannot agree on the size of the committee, the Chief Compliance Officer may establish its size.

(5) The employer and employee members of a committee shall elect a co-chair from their respective groups.

(6) Subject to section 16, a committee shall meet at least once a month.

(7) Repealed. [S.N.B. 2007, c. 12, s. 4]

(8) A committee shall take and maintain minutes of its meeting on a form approved by the Commission.

(9) The employer at a place of employment shall ensure that the names of the members of the committee of the place of employment and the minutes of the most recent committee meeting are posted in a prominent place or places at the place of employment.

(10) The committee shall keep a copy of the minutes signed by the co-chairs of the committee for a period of three years and shall make it available to the Commission on request.

(11) - (12) Repealed. [S.N.B. 2007, c. 12, s. 4]

(13) Where a committee cannot agree on a matter related to health and safety, the committee shall call an officer to resolve the problem.

[S.N.B. 1985, c. 64, s. 2; 2001, c. 35, s. 7; 2007, c. 12, s. 4; 2022, c. 32, s. 9; 2024, c. 5, s. 1]

Section 14.2 Joint health and safety committees for project site - general

14.2 (1) This section applies to a joint health and safety committee that is established for a project site.

(2) The employer and employee representatives of a committee shall each elect a co-chair from their respective groups.

(3) A committee, unless it is dissolved under subsection 14.3(6), continues until work on the project site is completed, regardless of the number of employees working on the site.

(4) A committee shall meet at least once a month.

(5) A committee shall

(a) take and maintain minutes of its meeting on a form approved by the Commission,

(b) promptly provide the contractor with a copy of the minutes signed by the co-chairs of the committee, and

(c) keep a copy of the minutes signed by the co-chairs of the committee for a period of three years and make it available to the Commission on request.

(6) Where a committee cannot agree on a matter related to health and safety, the committee shall call an officer to resolve the problem.

(7) Section 15 applies with the necessary modifications to a committee and the contractor on a project site, except as follows:

(a) the reference to "employer" in paragraph (d) shall be read as "employers on the site";

(b) the reference to "employer" in paragraph (g) shall be read as "employers";

(c) subparagraph (k)(ii) shall be read as follows:

(ii) may be assigned to a committee by agreement between the committee and the contractor, or

(8) A contractor who is responsible for a project site for which a committee is established shall ensure that

(a) the names of the members of the committee are posted in a prominent place or places at the project site, and

(b) the minutes of the most recent committee meeting are promptly posted in a prominent place or places at the project site.

[S.N.B. 2007, c. 12, s. 5; 2022, c. 32, s. 11; 2024, c. 5, s. 1]

HEALTH AND SAFETY REPRESENTATIVES

Section 17 Health and safety representatives

17. (0.1) This section does not apply to a project site.

(1) Subject to subsection (2), every employer with not fewer than five and not more than nineteen employees regularly employed at a place of employment shall establish a safety policy in respect of that place of employment which shall set out the responsibilities of the employer, supervisors and employees and which may include provision for a health and safety representative.

(2) Where the nature of employment at a place of employment presents a high risk to the health and safety of employees or where the accident record of a place of employment is higher than is normal for that place of employment or for similar places of employment, the Commission may require an employer to establish and file with the Commission a safety policy that includes provision for a health and safety representative.

(3) Where a safety policy established under subsection (1) or (2) includes provision for a health and safety representative, the employees shall elect a health and safety representative.

(4) The employer shall post the name of the elected health and safety representative in a prominent place or places at the place of employment.

[S.N.B. 2007, c. 12, s. 6; 2019, c. 38, s. 9]

Section 17.1 Health and safety representatives - project site

17.1 (1) This section applies to a project site

(a) with more than five but fewer than thirty employees working on the site, regardless of the length of time work is carried out on the site, or

(b) where work carried out on the site has not exceeded ninety days, and thirty or more but fewer than five hundred employees work on the site.

(2) On and after the date that is one year after the commencement of this section, no person may be designated as a health and safety representative unless the person

(a) has attended an educational program prescribed by the regulations, or

(b) has served as a health and safety representative or as a member of a joint health and safety committee on a project site within the twelve months preceding the commencement of this section.

(3) Subject to subsection (4), the contractor and the employees working on a project site shall jointly designate a health and safety representative within two weeks

(a) after work on the project site has commenced,

(b) after a person designated as a health and safety representative resigns, is removed or ceases to work at the site, and

(c) after any increase in the number of employees working on the site warrants another designation.

(4) Subject to subsection (5), health and safety representatives shall be designated as follows:

(a) for five to fifty employees working at the site - one representative; and

(b) for every fifty employees thereafter working at the site, or any portion in excess of a multiple of fifty - one representative.

(5) Where the contractor and the employees working at the site are unable to agree on a joint designation under subsection (3), the employees shall designate a health and safety representative within one week after the applicable period set out in subsection (3), and the contractor may designate a health and safety representative within the same period, and subsequent health and safety representatives shall be designated by the employees and may be designated by the contractor in accordance with subsection (4).

(6) A person who is designated as a health and safety representative remains in the position until the person resigns, is removed, no longer works at the site or a committee is established under section 14.3 or 14.4.

(7) Section 18 applies with the necessary modifications to health and safety representatives and a contractor on a project site.

(8) Each health and safety representative shall, for the periods during which the health and safety representative is taking any educational program required under this Act that relates to service as a health and safety representative, receive pay at the rate and other benefits to which the health and safety representative would otherwise be entitled.

(9) A person referred to in paragraph (2)(b) may attend an educational program prescribed by the regulations if the person requests the training and the employer grants leave to the person.

(10) Where an employer does not grant leave under subsection (9), the Commission may order the employer to grant the person leave to attend the educational program.

(11) The contractor shall post the name of the health and safety representatives in a prominent place or places at the project site.

[S.N.B. 2007, c. 12, s. 7; 2022, c. 32, s. 13]

POWERS AND DUTIES OF OFFICERS

Section 35 Provision of copy of order

35. (1) Subject to subsection (2), where there is a committee or a health and safety representative at a place of employment and an officer has made an order under section 32, the officer

(a) shall provide the committee or the representative with a copy of the order; and

(b) may post a copy of the order in a prominent place at the place of employment or part thereof.

(2) Where there is no committee or health and safety representative, the officer shall post a copy of the order in a prominent place at the place of employment or part thereof.

APPEALS

Section 37 Appeal to Chief Compliance Officer

37. (1) An owner, employer, contracting employer, contractor, sub-contractor, supervisor, employee or supplier named in any order given by an officer under this Act or the regulations may, within fourteen days after the date the order was served, appeal that order by application to the Chief Compliance Officer who may confirm, vary, revoke or suspend the order appealed as promptly as is practicable.

(1.01) An owner, employer, contracting employer, contractor, sub-contractor, supervisor, employee or supplier named in a notice of administrative penalty issued under this Act may, within 14 days after the date the notice was served, appeal the administrative penalty by application to the Chief Compliance Officer who may confirm, vary, revoke or suspend the administrative penalty.

(1.1) For the purposes of subsection (1), an order of an officer includes advice in writing given to an employee under subsection 20(11).

(1.2) For the purposes of subsections (1) and (1.01), an application to the Chief Compliance Officer shall be in a form acceptable to the Chief Compliance Officer.

(2) An appeal against an order or an administrative penalty in accordance with subsection (1) or (1.01) does not suspend the operation of the order or administrative penalty, as the case may be, but the Chief Compliance Officer may order its suspension until the appeal is disposed of.

(2.1) Where the decision of the Chief Compliance Officer under this section is appealed under section 21 of the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act , the decision remains in effect until the Appeals Tribunal disposes of the appeal.

(3) An officer shall provide a copy of any order confirmed, varied, revoked or suspended under this section or by the Appeals Tribunal to the committee where one exists, or to the health and safety representative, if any, and where there is no committee or representative, the officer shall post a copy of the order in a prominent place at the place of employment or any part thereof.

[S.N.B. 1994, c. 70, s. 5; 2001, c. 35, s. 14; 2007, c. 12, s. 8; 2014, c. 49, s. 34; 2019, c. 38, s. 18; 2020, c. 19, s. 2; 2024, c. 5, s. 1]

38. Repealed. [S.N.B. 1994, c. 70, s. 5]

39. Repealed. [S.N.B. 1994, c. 70, s. 5]

NOTICES AND OTHER INFORMATION

Section 44 Posting of copy of Act and regulations and notices

44. (1) Every owner or employer shall keep posted in a prominent place or places at the place of employment where they are most likely to come to the attention of the employees

(a) a copy of this Act and the regulations; and

(b) in addition to such notices and reports as are otherwise required by this Act or the regulations to be posted, any notice which an officer considers advisable to enable employees to become acquainted with their rights, liabilities and duties under this Act and the regulations.

(2) Subsection (1) does not apply to a vehicle.

[S.N.B. 2001, c. 35, s. 16]

CODE OF PRACTICE

Section 50 Code of practice

50. (1) An employee shall, when required by regulation, adopt a code of practice specified by regulation or establish a code of practice.

(2) An employee shall, when required in writing by the Commission, adopt a code of practice specified by the Commission or establish a code of practice.

(3) The Commission may

(a) require an employer to establish or adopt a code of practice if the employer has not been required by regulation to establish or adopt code of practice,

(b) require an employer to revise a code of practice adopted or established by the employer under subsection (2), or

(c) revise a code of practice to be adopted by an employer under subsection (2).

(4) A code of practice shall be posted by an employer in a prominent place at the place of employment.

[S.N.B. 1988, c. 30, s. 4]

General Regulation - Occupational Health and Safety Act
N.B. Reg. 91-191

Part II SANITATION AND ACCOMMODATION

Section 11 Emergency Eyewash and Shower

11. (1) Where an employee's skin or eyes may be exposed to contamination from materials at a place of employment, an employer shall provide emergency showers or eyewash fountains in the area where the contamination may occur.

(2) An employer shall ensure that an emergency shower or eyewash fountain provided under subsection (1) complies with the requirements of ANSI/ ISEA standard Z358.1-2009, American National Standard for Emergency Eyewash and Shower Equipment or a standard offering equivalent or better protection.

[N.B. Reg. 2001-33, ss. 3, 4; 2024-38, s. 12]

Part V NOISE AND VIBRATION

Section 33 Noise level in excess of 85 dBA

33. Where the noise level exceeds 85 dBA in an area, an employer shall ensure that the area is clearly marked by a sign that indicates the range of the noise levels measured and warns of the noise hazard.

Part VII PROTECTIVE EQUIPMENT

Section 49 Fall-protection system

49. (1) The employer shall provide and the employee shall continually use a fall-protection system when an employee works from

(a) an unguarded work area that is

(i) 3 m or more above water or the nearest permanent safe level,

(ii) above any surface or object that could cause injury to the employee upon contact, or

(iii) above any open top tank, bin, hopper or vat,

(b) a work area that is 3 m or more above a permanent safe level and from which a person may fall if the work area tips or fails, or

(c) a work area where an officer has determined that it is necessary for safety reasons to use a fall-protection system.

(2) If an employee is required to work from a communication or power transmission tower or other similar structure 3 m or more above a permanent safe level, the employer shall provide and the employee shall continually use a fall-protection system when at rest and at the working level.

(3) If an employee referred to in subsection (2) is ascending or descending a communication or power transmission tower or other similar structure, the employer shall provide and the employee shall continually use a fall-arresting system.

(4) If an employee is required to work from a wood pole or other similar wood pole structure 3 m or more above a permanent safe level, the employer shall provide and the employee shall continually use

(a) a fall-arresting system when the employee is ascending, descending or at rest, and

(b) a work positioning system in addition to the fall-arresting system when the employee is performing work at the working level.

(5) If it is not practical to use a fall-arresting system and a work positioning system, the employer shall provide and the employee referred to in subsection (4) shall continually use a fall restricting system when ascending or descending and to secure themselves to the wood pole when at rest or at the working level.

(6) This section does not apply to the following situations:

(a) if the employee will at all times remain further than 3 m from the unguarded edge of a surface with a slope of 3 in 12 or less;

(b) where a firefighter is engaged in structural firefighting;

(c) if an employee is engaged in the installation, maintenance or removal of a fall-protection system and another form of fall-protection is not practical, provided the employee has been fully instructed in work procedures and hazards and in how to protect themselves from falling; or

(d) if it is not practical to use a fall-protection system where an employee is engaged in the weatherproofing of a roof that has a total area of less than 23 m² or of a roof of a canopy or walkway that have slopes of 3 in 12 or less, provided the employee has been fully instructed in work procedures and hazards and in how to protect themselves from falling.

[N.B. Reg. 97-121, s. 11; 2010-159, s. 4; 2022-27, s. 21]

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 76

76. (1) An employer shall ensure that a portable compressed gas container is stored

(a) in a well ventilated and dry storage area where the temperature does not exceed 52°C,

(b) with containers grouped by types of gas and the groups arranged to take into account the gases contained,

(c) with full and empty containers in separate areas, and

(d) secure and upright.

(2) An employer and an employee shall each ensure that a portable compressed gas container

(a) is not stored near readily ignitable substances,

(b) is kept at a safe distance from all operations that produce flames, sparks or molten metal or result in excessive heating of the container,

(c) is not exposed to corrosive materials or corrosion-aiding substances, and

(d) is protected from falling and from having heavy objects fall on it.

(3) An employer shall ensure that a storage area for portable compressed gas containers is prominently posted with the name of the gases stored and with signs prohibiting smoking.

Part XV MATERIALS HANDLING EQUIPMENT AND PERSONNEL CARRYING EQUIPMENT

Section 208

208. (1) Subject to subsection (2), an employer shall obtain a statement of the safe working load of a hoisting apparatus from the manufacturer of the hoisting apparatus.

(2) Where an employer is unable to obtain the statement referred to in subsection (1), the employer shall obtain a statement of the safe working load of the hoisting apparatus from an engineer.

(3) An employer shall ensure that the statement of the safe working load referred to in subsection (1) or (2) is posted legibly on the hoisting apparatus so that the operator of the apparatus is able to see it when operating the apparatus.

(4) An employer shall ensure that an operator of a hoisting apparatus has sufficient information to enable the operator to determine the load that the hoisting apparatus is capable of hoisting safely under any operating condition.

(5) If the boom, counterweight or another part of a hoisting apparatus is modified, extended, altered or repaired so as to affect the safe working load of the hoisting apparatus, an employer shall obtain a statement of the revised safe working load of the hoisting apparatus from an engineer and post it in accordance with subsection (3).

(6) Subsections (1) to (4) do not apply to mobile cranes.

[N.B. Reg. 2001-33, s. 63]

Section 216 Industrial Lift Trucks

216. (1) An employer shall ensure that an industrial lift truck

(a) is used only for the purposes for which it was designed,

(b) is operated by a competent employee,

(c) is inspected daily and maintained in good operating condition,

(d) is equipped with adequate brakes,

(e) is equipped with a manually operated horn,

(f) is equipped with adequate head and tail lights when used after dark or in dimly lit areas,

(g) is equipped with an audible back-up alarm that operates automatically when the truck is in reverse gear and that is clearly audible above the background noise at the place of employment, or a flashing light that operates automatically when the truck is in reverse gear and that is clearly visible to persons who may be at risk when the truck backs up,

(g.1) has a rear-view mirror or other means of ensuring that the truck can be safely backed up,

(h) is equipped with overhead guards that conform to ANSI standard ASME B56.1-1993, "Safety Standard for Low Lift and High Lift Trucks" to protect the operator of the truck from falling material,

(i) has the manufacturer's rated capacity posted in a conspicuous location on the truck,

(j) is not loaded beyond its capacity, and

(k) has any load on it stabilized and, when necessary, secured.

(1.1) An operator of an industrial lift truck shall ensure that the truck is not loaded beyond its rated capacity and that the load is stabilized and, if necessary, secured.

(2) An employer shall ensure that an industrial lift truck is not operated

(a) where propelled by an internal combustion engine, near areas containing explosive dusts or flammable vapours or in buildings where the ventilation is not sufficient to eliminate the hazards from exhaust gases,

(b) in a one-way aisle, unless the width of the aisle equals at least the width of the vehicle or load being carried, whichever is wider, plus 600 mm, or

(c) in a two-way aisle, unless the width of the aisle equals at least twice the width of the vehicle or load, whichever is wider, plus 900 mm.

(2.1) An employer shall ensure that a competent person thoroughly inspects and repairs an industrial lift truck and any safety devices installed on it before the industrial lift truck is first put in use and after any incident that may have damaged some part of it.

(3) An employer shall install mirrors or other similar devices at blind intersections where there may be a danger of a collision between an industrial lift truck and another object or a person.

(4) Where a hazard exists from rolling over, an employer shall ensure that an industrial lift truck is equipped with a rollover protective structure that meets the minimum safety requirements of CSA standard B352.0-95 , "Rollover Protective Structures (ROPS) for Agricultural, Construction, Earthmoving, Forestry, Industrial, and Mining Machines - Part 1: General Requirements" or safety requirements that are certified by an engineer to provide equivalent or better protection.

(5) An employer shall ensure that an industrial lift truck that has been fitted with a rollover protective structure is provided with seat belts or restraining devices that meet the requirements of subsection 221(1) and shall ensure that an operator of an industrial lift truck uses the seat belts and restraining devices while the industrial lift truck is in motion.

(6) An operator of an industrial lift truck shall use the seat belts or restraining devices referred to in subsection (5) while the industrial lift truck is in motion.

[N.B. Reg. 2001-33, s. 71; 2022-79, s. 35]

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]

Part XXI LOGGING AND SILVICULTURE OPERATIONS

Section 361

361. (1) An employer shall ensure that a bridge on a woods road

(a) is constructed according to a plan approved by an engineer,

(b) has the load capacity conspicuously posted 30 m from both ends of the bridge, and

(c) has a warning sign conspicuously located 90 m from the bridge if the bridge is not visible from that distance.

(2) An employer shall ensure that a bridge or culvert on a woods road

(a) that is over 1.2 m in height has bumpers at least 250 mm high running the length of the bridge or culvert on both sides,

(b) has a hazard marker located on each corner of the bridge or culvert with the bottom of the marker not less than 1.5 m or more than 2.5 m above the level of the travelled portion of the road, and

(c) has a sign conspicuously located along the side of the road at least 150 m from the bridge or culvert warning of a narrow passage if the width of the bridge or culvert is less than that of the woods road.

First Aid Regulation - Occupational Health and Safety Act
N.B. Reg. 2004-130

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 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 13 Location of first aid kits

13. An employer shall post signs at conspicuous places in the place of employment indicating the location of first aid kits and shall ensure that all employees are aware of the location of the kits and any related equipment or supplies

[N.B. Reg. 2023-45, s. 11]

14. Repealed. [N.B. Reg. 2023-45, ss. 12, 13]