Compliance Corner

New Brunswick’s occupational health and safety legislation requires appropriate protective footwear when an employee is exposed to a hazard that could injure their feet. On a project site, employees must wear Grade 1 footwear with sole protection that meets the applicable CSA standard or provides equivalent protection.

The employer is responsible for ensuring required protective equipment is provided. However, the word “provide” is not defined in the Occupational Health and Safety Act. WorkSafeNB’s interpretation is that it does not necessarily mean the employer must pay for the equipment. Whether an employer covers the cost of safety footwear is generally determined by workplace policy, an employment agreement or a collective agreement. If employees are expected to purchase their own equipment, the employer must still ensure the required equipment is available to them.

Cost arrangements do not remove either party’s safety responsibilities. Employees must inspect required protective equipment before use, report defects and not use defective equipment. Employers must not permit employees to work without footwear that provides the protection required for the hazards present. Worn soles, damaged toe protection or other deterioration may mean the footwear is no longer appropriate, even if it was compliant when purchased.

Concerns about worn or inadequate safety footwear should be raised with the employer or supervisor and, where applicable, the joint health and safety committee or health and safety representative.

See more: 

• General Regulation 91-191, sections 38 and 41 
• WorkSafeNB’s interpretation of “provide”

New Brunswick’s Occupational Health and Safety Act does not set a general retention period for routine workplace inspection checklists. Retention period can be developed and implemented at the workplace level to reflect the organization's operational needs and circumstances.

The employer is required to develop the inspection program in consultation with the Joint Health and Safety Committee or Health and Safety Representative, where applicable. As a result, where a committee or representative exists, the retention period for inspection records should be discussed and agreed upon as part of the development and maintenance of the inspection program, and the retention requirements should be clearly documented within the program.

In addition, employers who are required to maintain a Health and Safety Program must establish a record management system. It would be reasonable for that system to include retention periods for workplace records. Establishing retention periods helps promote effective record management while balancing the administrative burden and costs associated with retaining records indefinitely.

As a good practice, keep completed inspection checklists and related follow-up records for at least three years. Records involving an unresolved hazard should be kept until the issue has been corrected and the corrective action documented.

Some types of equipment or work activities may have specific record-keeping requirements, so employers should confirm whether additional rules apply to the inspection being conducted. For example, some regulations specifically require inspection records to be maintained in a logbook. This includes records relating to blasting machines, mobile cranes, and hoisting apparatuses with a lifting capacity greater than 1,815 kg. In these cases, logbooks form part of the equipment's permanent record and are intended to be retained for the life of the equipment.

See more: 

• Workplace Inspections | NB OHS Guide
• Documentation, Record Keeping and Statistic | NB OHS Guide  

Whether work takes place along New Brunswick’s coastline or on one of our rivers or lakes, employers have a responsibility to take every reasonable precaution to protect the health and safety of employees. Supervisors also have responsibilities under New Brunswick’s Occupational Health and Safety (OHS) Act, including taking every reasonable precaution to ensure the health and safety of employees under their supervision.

If you believe using a vessel presents a risk to your health or safety, raising your concern with your supervisor or employer is the appropriate course of action. Employers and supervisors have a responsibility to assess and address health and safety concerns.

If no action is taken, or if there is disagreement as to whether the situation constitutes a health and safety hazard, the OHS Act provides employees with the right to refuse work that they reasonably believe is likely to endanger their health or safety, or the health or safety of another person. The Act also sets out the process that employees and employers must follow when a work refusal is exercised.

Commercial vessels may be subject to inspection and certification requirements administered by Transport Canada. You may wish to contact Transport Canada to determine whether the vessel being used is required to meet any of these requirements.

Regardless of whether a specific annual inspection is required, an employer is responsible for ensuring equipment used for work is maintained in a safe condition and does not create a hazard for employees.

If you have raised a safety concern and believe it has not been adequately addressed, you can contact WorkSafeNB at 1 800 999-9775 for assistance.

Learn more:

• Right to refuse unsafe work
• OHS Act – Duties of Employers, Owners, Contractors, Sub-Contractors, Supervisors, Employees and Suppliers
• Transport Canada Regional Offices

A new JHSC member can participate in workplace inspections. There is no requirement that a member attend a committee meeting before taking part in an inspection.

Under the Occupational Health and Safety (OHS) Act, the employer is responsible for ensuring a general inspection of the place of employment is conducted at least monthly.

To help meet this obligation, the employer must, in consultation with the JHSC, establish an inspection program. Inspection results must be shared with the committee, and the inspection program must form part of the organization's Health and Safety Program. Committee involvement helps ensure workplace inspections reflect both employer and employee perspectives.

Committee members are not required to personally conduct workplace inspections, but they must, at a minimum, receive and review the inspection results. Inspection-related responsibilities are also commonly addressed in a committee’s Terms of Reference.

Employees, including supervisors, are required to cooperate with JHSC members in the performance of their duties. Where members are conducting inspections, this cooperation includes assisting with the inspection process and reporting any hazards or concerns that are identified.

The co-chairs, together with other committee members, help the employer ensure the inspection program remains effective and is reviewed at least annually as part of the overall Health and Safety Program review. When developing or reviewing the inspection program, consideration should also be given to whether specific knowledge, training or expertise is required to carry out certain inspections effectively. For example, inspections involving complex processes or specialized equipment may require someone who is familiar with the work so hazards are not overlooked.

JHSCs can help improve workplace health and safety by organizing and participating in regular workplace inspections, reviewing inspection results and recommending ways to correct hazardous conditions.

All JHSC members must complete WorkSafeNB-approved training within one year of joining the committee.

The responsibilities of committee members, including the co-chairs, should also be clearly outlined in the committee’s Terms of Reference. For example, JHSC meeting minutes must be signed by both co-chairs.

Learn more:

• Joint Health and Safety Committee Centre
• OHS Guide – Workplace inspections 

The General Regulation 91-191 requires that toilet facilities be "within easy access of an employee's work area," but it does not prescribe a specific distance or proximity.

5(7) An employer shall ensure that a washroom is
(a) within easy access of an employee's work area, and
(b) enclosed so that an employee is sheltered from view and protected from the natural elements.

Because the regulation is not prescriptive, what constitutes "easy access" will depend on the circumstances of the workplace.

Factors may include the layout of the worksite, the nature of the work being performed, and how readily workers can leave their work area to access the facilities. Employers should ensure access is reasonable and does not create practical barriers for workers.

With respect to medical conditions such as irritable bowel syndrome (IBS), this is not addressed under occupational health and safety legislation. Questions regarding workplace accommodation fall under an employer's duty to accommodate and may involve human rights considerations. Additional information is available from the New Brunswick Human Rights Commission.

This is a great question, and it’s one we hear often.

The short answer is no, not every machine, tool or piece of equipment requires a written lockout procedure. Lockout requirements are based on risk and exposure to hazardous energy, not simply on whether something is called a “machine” or “equipment.”

In some situations, such as changing a blade on a plug-in or battery-powered hand tool, simply unplugging the tool or removing the battery (and keeping it under the worker’s control) may be sufficient. In other cases, particularly when workers are exposed to stored or potential energy while cleaning, maintaining, adjusting, or repairing equipment, a formal lockout procedure is required to prevent unexpected movement or re-energization.

Heavy equipment, complex machinery, and systems with multiple energy sources generally require more detailed lockout procedures. The key is understanding when a task places a worker at risk and ensuring that energy sources are properly controlled before work begins.

To help clarify when lockout is required, when it isn’t, and what an acceptable lockout procedure looks like, we’ve published a detailed interpretation of Sections 239 and 240 of the General Regulation.

👉 Read the full Lockout Interpretation: When do machine and equipment need a lockout procedure?

Great questions! These are the kinds of practical considerations that come up often when setting up first aid facilities.

New Brunswick’s First Aid Regulation sets out requirements for first aid rooms, but it also allows flexibility so employers can design spaces that work for their specific workplace.

In terms of proximity to a washroom, the regulation requires that a first aid room have easy access to a toilet. While no specific distance is defined, the intent is that a toilet be readily and conveniently accessible. Workers or first aid providers should be able to reach it quickly, without unnecessary travel, obstacles, or delays during treatment.

The regulation also requires that the first aid room include a sink with potable running water to support proper hygiene.

With respect to location, a first aid room does not have to be inside the main building. A trailer or separate structure may be acceptable, provided it meets all regulatory requirements and is located as close as practicable to the workers it serves.

When assessing whether a location is appropriate, employers should consider practical factors such as distance, accessibility, weather conditions, and how easily the room can be reached during an emergency.

For full requirements, see Section 12 of the First Aid Regulation (2004-130).