Section 91(2) of Regulation 91-191 states: “An employer shall provide high visibility safety apparel that meets the requirements of CSA standard Z96-15 (R2020), High-visibility safety apparel or a standard offering equivalent or better protection to any employee who is exposed to a risk of injury from vehicular traffic, powered mobile equipment, industrial lift trucks or mobile cranes, and the employee shall wear the apparel.
At this time, the regulation does not specify the colour of the reflective shirts, nor the colour of the reflective striping.
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 CSA Z195:14 (C2019), 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 “Definition of provide.”
As of May 29, 2020, the legislation references the CSA standard for first aid kit content only. As of January 2024, amendments to all the other requirements (first aid training, emergency first aid protocol, first aid room, first aid refresher, etc.) were added.
The CSA standard lists three types of kits: personal, basic (for lower hazard work) and intermediate (for higher hazard work). The basic and intermediate kits come in small, medium and large sizes, based on the number of employees per shift.
When determining the classification, size and number of kits, the level of risk for the specific environment should be considered.
To help clarify kit selection, please see First aid page.
Furthermore, employers have flexibility in choosing a combination of kit sizes to best suit workplace needs. For example, an employer required to have two medium kits could comply by having four small kits or one large kit.
The definition of high hazard work in the First Aid Regulation 2004-130 lists the types of workplaces considered high risk.
“High hazard work” means work that carries a greater likelihood of injury or damage to health and a greater severity of potential injury because of the place of employment or the nature of the work, and includes work carried out
(a) At a project site or mine,
(b) In a confined space or in an isolated area where emergency medical help is not in close proximity to the work area,
(c) On electrical transmission, generation or distribution systems,
(d) At foundries or machine shops,
(e) At gas, oil or chemical processing plants, steel or other base metal processing plants,
(f) At woodland operations, sawmills or lumber processing plants,
(g) At brewery or beverage processing plants, meat packing or processing plants, and
(h) With explosives or heavy equipment.
Subsection 4(3) of the First Aid Regulation requires employers to assess the risk employees are likely to face and provide additional first aid supplies, equipment, services and facilities in regard to those risks. The assessment will not only help you determine which additional industry specific items to include in your kits but also whether you should upgrade from a basic to intermediate kit. The CSA standard provides guidance on performing a workplace first aid risk assessment in Annex A and Annex B.
You will need your company’s WorkSafeNB employer number and your legal company name as registered with WorkSafeNB.
Often companies registered with WorkSafeNB have both a legal and an ‘operating’ name. You will need the registered legal name, which may be different from the more commonly used operating name. You can find your legal company name on any documents sent to you by WorkSafeNB.
If you are registered with WorkSafeNB, and don’t know your employer number, ask your finance or HR department. Make sure your WorkSafeNB employer number is entered exactly as shown on official WorkSafeNB documents.
You can check on your claim status online. Register with MyServices to see where we are in the application process.
NB General Regulation 91-191 requires employers to arrange for air testing to determine the level of concentration of an air contaminant when the concentration of the air contaminant may reach 50% of its Occupational Exposure Limit (OEL). A work process generating silica dust in the workplace would trigger this clause. Therefore, the employer is required to determine the level of silica exposure either by conducting air sampling or by use of the Silica Control Tool, and to implement reasonable controls based on the results. WorkSafeNB accepts both methods.
MyServices is a secure and confidential online portal where you can check your claim status. Once a claim is accepted, you can also:
Information on how to pay the administrative penalty is included in the Notice of Administrative Penalty. You will also receive a return form that we ask that you return with your payment. Payment can be made by cheque to WorkSafeNB or internet banking Administrative penalties are to be paid within 30 days of receiving the notice.
