According to Section 8 of the General Regulation 91-191, employers must allow an employee at least one half-hour for food and rest after each five consecutive hours of work. WorkSafeNB has produced an interpretation on this section of the legislation that should provide your employer and co-workers with more information.
New Brunswick does not have legislation that regulates scents in the workplace. However, we recommend you first try to deal with the problem internally. Address the concern first with your human resources department or your safety manager. Secondly, alert your joint health and safety committee, if one exists at your workplace. If you still have no success, WorkSafeNB could get involved once we receive a complaint from the employee experiencing the symptoms. The Canadian Centre for Occupational Health and Safety also has online resources that address this topic.
Shoes should have well-defined treads with a flexible sole, be flat, marked ‘slip resistant’ and be comfortable. WorkSafeNB has a Hazard Alert for food service employees, which addresses protective clothing for both feet and hands. If you, as an employer, provide shoes to your employees, you should consult them before purchasing.
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.
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.
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.
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.
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.
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.
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.
