Administrative penalties can be appealed to WorkSafeNB’s Chief Compliance Officer. Instructions on how to appeal can be found on the appeals process information page.
While administrative penalties can be applied whenever an officer issues an order as a result of a violation of the Occupational Health and Safety Act or Regulation, WorkSafeNB has selected specific provisions* where administrative penalties could be imposed.
* provisions will be reviewed on a regular basis and are subject to change.
Starting in May 2021, administrative penalties may be imposed:
• When a workplace party is in violation of sections of legislation identified by WorkSafeNB as high risk and are more likely to result in serious injury;
• When a workplace party is in repeated violation of the same section of legislation, within a 2-year period; and
• As directed by a WorkSafeNB health and safety initiative such as the enforcement of COVID-19 Public Health measures.
When a health and safety officer issues an order for a violation subject to an administrative penalty, the affected workplace party will be verbally informed. If confirmed, a Notice of an Administrative Penalty will be delivered by registered mail within 28 days of the order. There may be situations where in-person delivery may be necessary.
Anyone who has responsibilities to comply with the requirements of the Act and the regulations (employer, contractor, sub-contractor, contracting employer, supplier, supervisor, owner or employee) may receive an administrative penalty.
Amounts are specified in legislation and allow for increasing amounts when the workplace party has already received a penalty within the past three years.
|
Workplace party |
1st Administrative Penalty |
2nd Administrative Penalty |
3rd or more Administrative Penalty |
|
Employer, Contractor, Subcontractor, Contracting employer, Supplier |
$500 |
$1,000 |
$2,000 |
|
Supervisor, Owner |
$250 |
$500 |
$1,000 |
|
Employees |
$100 |
$200 |
$500 |
The money from administrative penalties goes to the WorkSafeNB Accident Fund and will be used to support health and safety initiatives in New Brunswick.
Failure to pay an administrative penalty is a debt owed to WorkSafeNB and may be filed in the Court of King’s Bench of New Brunswick and may be enforced by judgement by the court. The judgement may also include reasonable additional costs and charges resulting from the filing, entering and recording of certificate in the court system.
Yes, you still need to report your payroll even if it is $0. That will ensure that you are billed correctly when premiums are collected again in June.
Fraud can be committed in different ways. Some examples include:
Worker fraud
Employer fraud
Assessed Employers select the Report tab at the top of the page and then select Claim Status in the drop-down menu.
Self-Insured Employers select the Employer tab at the top of the page and then select Claim Status in the drop-down menu.
