Temporary Foreign Workers – You Have Rights!

Temporary Foreign Workers

As a temporary foreign worker in New Brunswick, you have the same rights as a New Brunswicker in a workplace. On this page we share information on your rights as an employee and how to report unsafe work. WorkSafeNB has created a pamphlet in ten languages to help you understand your right to workplace health and safety.

Safety is a universal language

Occupational Health and Safety and how it applies to you and your workplace:

 

 

We are here to help. Report unsafe work by calling WorkSafeNB at 1 800-999-9775. You can also reach out to our prevention team at prevention@ws-ts.nb.ca.

Worker Frequently Asked Questions:

No matter what job responsibilities you may have, all employees have the following three fundamental rights:

  1. Right to know

All employees have a right to receive the training needed to do the job safely. All employees, new, transferred or experienced, must be made aware of:

  • Workplace hazards
  • Safe work procedures
  • Emergency procedures


If at any time you are unsure about a task on the job or are concerned about your personal safety or the safety of others, you should talk to your supervisor about receiving additional on-the-job or formal training.

  1. Right to participate

All employees have a right to participate in solving health and safety problems and in the identification and control of workplace hazards. This applies to all workplace and all employees regardless of the size of the workplace. In workplaces with 20 or more employees, joint health and safety committees (JHSCs) are formed to address health and safety concerns. It’s a good idea for employees to know who the workplace JHSC representatives are in case you have a question or concern related to workplace health or safety.

  1. Right to refuse dangerous work

All employees have the right to refuse work they believe is dangerous to their health or safety, or to that of others. If you are unsure about your safety at work, you should take the steps outlined here.

Your employer must:

  • Ensure a new employee receives orientation and training specific to the position and place of employment before beginning work.  
  • Records of the orientation and training of new employees are kept for at least three years. 

The following eight topics are the minimum requirement for organizations to provide to new employees before they begin their new responsibilities:

  • The name and contact information of the new employee's supervisor.
  • The contact information of the JHSC or the health and safety representative.
  • The new employee's rights, liabilities and duties under this Act and the regulations, including reporting requirements and the right to refuse.
  • The health and safety procedures and codes of practice related to the new employee's job tasks.
  • The location of first aid facilities and how to obtain first aid.
  • The procedures on how to report illnesses and injuries that occur at work.
  • The procedures about what to do in an emergency.
  • The use of personal protective equipment, if applicable.

More information on training and orientation of workers is found in the OHS Guide topic New Employee Orientation

All employees have the right to refuse work they believe is dangerous to their health or safety, or to that of others. If you are unsure about your safety at work, you should take the steps outlined here.

If your employer threatens or takes actions like cutting your pay and hours because you raised a safety concern is protected by the Occupational Health and Safety Act. You can choose to file a discriminatory action complaint by filling out a form and sending it to WorkSafeNB. https://www.worksafenb.ca/workers/health-safety/your-rights/

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Employers of temporary foreign workers

As an employer of temporary foreign workers in New Brunswick, you have a duty to treat them with the same respect, rights, and workplace health and safety standards as any New Brunswick employee.

Employers have a responsibility to provide a safe working environment, free from hazards, and to ensure that all workers receive appropriate orientation, training and information.  By helping your employees to understand their rights, you will foster a culture of safety in their workplace where each worker feels a sense of ownership and accountability.

For many temporary foreign workers, English is their second language. WorkSafeNB has created a pamphlet in six languages to help them understand their right to workplace health and safety.

By fully understanding your responsibility as an employer, and openly sharing the workers’ rights, you will create a culture where safety becomes a shared value and top priority.

WorkSafeNB is here to partner with you. If you want help to understand your responsibilities as the employer, and guidance on how to make your workplace safer, please reach out to our prevention team at 1800-999-9775 or prevention@ws-ts.nb.ca.

Employer Frequently Asked Questions:

This page on our website has details about everyone’s role in safety; employers, supervisors and employees.  You should also use the OHS Guide that has lots of information on safety topics that may apply to your operations.

We know you want to keep your teams safe. If you want help understanding what constitutes competent and sufficient supervision, or if you’re not sure how these obligations fit within your workplace, learn more on the supervisor page of our website or give us a call 1 800 999-9775.

For many temporary foreign workers, English is their second language. WorkSafeNB has created a pamphlet in seven languages to help them understand their right to workplace health and safety. Ensuring you speak clearly and use plain language is key. The Canadian Centre for Occupational Safety and Health has a course around plain language for safety in the workplace.

These pamphlets communicate the basics of health and safety. Please share with your employees:

Occupational Health and Safety and how it applies to you and your workplace

 

 

Depending on the situation, WorkSafeNB may visit your workplace and issue compliance orders for violations of the Occupational Health and Safety Act. Complaints received by the Employment Standards Branch may be referred to Service Canada who may visit your workplace to investigate the complaint. Ultimately, if complaints of non-compliance with the temporary foreign worker program are confirmed, your eligibility to participate in the program may be prohibited.

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