The appeals process - Occupational Health and Safety

 If you received a compliance order or advice to return to work after exercising your right to refuse dangerous work from a WorkSafeNB health and safety officer that you disagree with, you can appeal to the Chief Compliance Officer.

Additionally, if an administrative penalty (AP) was received following the issuance of a compliance order, then that administrative penalty may also be appealed if:

1. You are also appealing the compliance order;
2. The monetary amount levied is incorrect;
3. It was served to the wrong party; or
4. It was not served within 14 days of the date issued.

What does “appeal” mean?

To appeal an order or advice means to ask that a decision be reviewed by another decision maker with higher authority and request the decision or part of the decision be reversed or modified.

How do I submit an appeal and then what happens?

Within 14 calendar days of being given an order, advice or an administrative penalty, the workplace party who received it may file an appeal to the Chief Compliance Officer (CCO). However, before appealing, we encourage the workplace party to ensure they properly understand why the order, advice or administrative penalty was issued. If not clearly understood, you should communicate with the officer who issued the order, advice or administrative penalty. Their name is included on the inspection report or the notice of administrative penalty.

To begin the appeal process, the workplace party fills out a notice of appeal form that includes:

• the name of the workplace party who is directed by the order, advice or administrative penalty;
• why it is being appealed (provide as much detail as possible);
• a copy of the inspection report or at least, the inspection report number;
• the order number(s) being appealed; and
• if applicable, a request and reason to suspend the order, advice or administrative penalty from coming into effect before a final decision is made.

Sending the notice of appeal form by email to compliance-conformite@ws-ts.nb.ca or through regular mail to:

Attn: Office of the Chief Compliance Officer

1 Portland Street 
P.O. Box 160
Saint John N.B., E2L 3X9

To avoid missing the 14 calendar days limitation period to appeal, it is recommended that certified or registered mail be used.

Chief Compliance Officer

Upon receipt of the appeal, the CCO will arrange a meeting (hearing) as promptly as possible with the affected parties to review the factor(s) that led to the appeal. At the discretion of the CCO, an appeal hearing my be held and would be decided on a case-by-case basis. Affected parties include the party who received the order, advice or AP, and the officer who issued the directive.  The CCO may request additional people for the hearing, when necessary to get evidence that may not be available from either the affected party or the officer.

After reviewing the facts, calling a hearing and investigating the matter, the CCO will either:

• Confirm the order, advice or administrative penalty when it is concluded that there was no error in the application of occupational health and safety legislation;
• Vary the order, advice or administrative penalty when it is concluded that there was an error in the application of occupational health and safety legislation but there remains a contravention or a safety concern that must be addressed;
• Revoke the order, advice or administrative penalty when it is concluded that there was an error in the application of occupational health and safety legislation and there is no longer a contravention that must be addressed;
• Suspend the order, or administrative penalty. Filing an appeal does not suspend the operation of the order, or the administrative penalty. Depending on the danger to the health and safety of employees and the timeline for making the decision, the CCO may suspend the order, or administrative penalty until a final decision on the appeal is made. 

The CCO’s decision is provided in writing to affected parties.

Second Level Appeal to the Worker’s Compensation Appeals Tribunal

If the affected workplace party is not satisfied with the CCO’s decision, they may file an appeal with the Worker’s Compensation Appeals Tribunal of New Brunswick (WCAT) within seven calendar days of receiving the Chief Compliance Officer’s decision. The WCAT is an independent body from WorkSafeNB.

The notice of appeal form is available on the WCAT’s website. The form is available in both an on-line and off-line format. Additional information on where to find and how to fill out the notice of appeal as well as the process of appeals is available on the Worker’s Compensation Appeals Tribunal of New Brunswick’s website.

It may take several months and up to one year to receive a written decision from the WCAT. 

Court of Appeal

If a party (including WorkSafeNB) is not satisfied with the WCAT’s decision and questions either the jurisdiction or law involving a decision made by the WCAT, the party can appeal to the Court of Appeal of New Brunswick. Additional information about this process can be found on the Court of Appeal's website.

Independent Legal Advice

The appeal process can be complex, and it may be beneficial to refer to a lawyer for help. These professionals are knowledgeable about the appeal process as well as the relevant legislation. They can help you file your appeal and help represent you during the hearing (if applicable). Lawyers charge a fee, which you are responsible to pay.