WHMIS

New Brunswick Legislation

New Brunswick Due Diligence

This material has been extracted from the Acts and Regulations of the Province to help students understand the subject. It is not an official source of information and must not be used for any other purpose.

The following is © QUEEN’S PRINTER FOR NEW BRUNSWICK. All rights reserved.

CHAPTER O-0.2
Occupational Health and Safety Act



DUTIES OF EMPLOYERS, OWNERS, CONTRACTORS, SUB-CONTRACTORS, EMPLOYEES AND SUPPLIERS

8(1) Every employer with twenty or more employees regularly employed at a place of employment shall establish and file with the Commission a safety policy in respect of that place of employment.
8(2) An employer who files a safety policy under subsection (1) shall keep a copy of the policy at the place of employment and make it available to an officer on request.
2001, c.35, s.2.
9(1) Every employer shall
(a) take every reasonable precaution to ensure the health and safety of his employees;
(b) comply with this Act, the regulations and any order made in accordance with this Act or the regulations; and
(c) ensure that his employees comply with this Act, the regulations and any order made in accordance with this Act or the regulations.
9(2) Without limiting the generality of the duties under subsection (1), every employer shall
(a) ensure that the necessary systems of work, tools, equipment, machines, devices and materials are maintained in good condition and are of minimum risk to health and safety when used as directed by the supplier or in accordance with the directions supplied by the supplier;
(a.1) ensure that the place of employment is inspected at least once a month to identify any risks to the health and safety of his employees;
(b) acquaint an employee with any hazard in connection with the use, handling, storage, disposal and transport of any tool, equipment, machine, device or biological, chemical or physical agent;
(c) provide such information, instruction, training and supervision as are necessary to ensure an employee’s health and safety;
(d) provide and maintain in good condition such protective equipment as is required by regulation and ensure that such equipment is used by an employee in the course of work;
(e) co-operate with a committee, where such a committee has been established, a health and safety representative, where such a representative has been elected or designated, and with any person responsible for the enforcement of this Act and the regulations.
9(3) An employer shall develop a program for the inspection referred to in paragraph (2)(a.1) with the joint health and safety committee, if any, or the health and safety representative, if any, and shall share the results of each inspection with the committee or the health and safety representative.
2001, c.35, s.3; 2007, c.12, s.2.
10Every contractor and sub-contractor shall
(a) comply with this Act, the regulations and any order made in accordance with this Act or the regulations; and
(b) for every project site for which he is responsible take every reasonable precaution to ensure the health and safety of any person having access to such project site.
10.1(1) In this section
“employer” means an employer as defined in paragraph (a) of the definition “employer”.
10.1(2) A contracting employer who directs the activities of one or more employers involved in work at a place of employment shall ensure, as far as is reasonably practicable to so do, that each employer complies with this Act and the regulations in respect of that place of employment.
10.1(3) Every contracting employer shall comply with this Act, the regulations and any order made in accordance with this Act or the regulations.
10.1(4) Notwithstanding subsection 3(1), this section does not apply to a place of employment that is a private home.
2001, c.35, s.4; 2004, c.4, s.1.
11 Every owner of a place of employment or part thereof shall
(a) comply with this Act, the regulations and any order made in accordance with this Act or the regulations; and
(b) take every reasonable precaution to ensure the health and safety of any person having access to or using that place of employment or part thereof.
2001, c.35, s.5.
12 Every employee shall
(a) comply with this Act, the regulations and any order made in accordance with this Act or the regulations;
(b) conduct himself to ensure his own health and safety and that of other persons at, in or near his place of employment;
(c) report to the employer the existence of any hazard of which he is aware;
(d) wear or use such protective equipment as is required by regulation;
(e) consult and co-operate with the committee where one has been established or with the health and safety representative where one has been elected or designated; and
(f)co-operate with any person responsible for the enforcement of this Act and the regulations.
2001, c.35, s.6; 2007, c.12, s.3.
13Every supplier shall
(a) take every reasonable precaution to ensure that any tool, equipment, machine or device or any biological, chemical or physical agent supplied by him
(i) is reasonably safe when used as directed by the supplier or in accordance with the directions supplied by the supplier, and
(ii) complies with this Act and regulations;
(b) provide directions respecting the safe use of any tool, equipment, machine or device or any biological, chemical or physical agent obtained by an employer to be used at a place of employment by employees; and
(c) ensure that any biological, chemical or physical agent supplied by him is labelled in accordance with the applicable federal and provincial regulations.



JOINT HEALTH AND SAFETY COMMITTEES

14(0.1) This section does not apply to a project site.
14(1) Every employer with twenty or more employees regularly employed at a place of employment shall ensure the establishment of a joint health and safety committee.
14(1.1) Repealed: 2007, c.12, s.4.
14(2)A committee shall consist of such number of persons as may be agreed to by the employer and the employees.
14(3)A committee shall consist of equal representation from both the employer and the employees, and the employer shall designate his representative or representatives and the employees shall designate their representative or representatives.
14(4) Where the employer and employees cannot agree on the size of the committee, the Chief Compliance Officer may establish its size.
14(5) The employer and employee members of a committee shall elect a co-chairman from their respective groups.
14(6) Subject to section 16, a committee shall meet at least once a month.
14(7) Repealed: 2007, c.12, s.4.
14(8) A committee shall take and maintain minutes of its meeting on a form approved by the Commission.
14(9) The employer at a place of employment shall ensure that the names of the members of the committee of the place of employment and the minutes of the most recent committee meeting are posted in a prominent place or places at the place of employment.
14(10)A copy of the minutes signed by the co-chairmen of the committee shall be sent to the Commission.
14(11) Repealed: 2007, c.12, s.4.
14(12) Repealed: 2007, c.12, s.4.
14(13) Where a committee cannot agree on a matter related to health and safety, the committee shall call an officer to resolve the problem.
1985, c.64, s.2; 2001, c.35, s.7; 2007, c.12, s.4.
14.1(1) This section does not apply to a project site.
14.1(2) An employer shall ensure that each person who is designated to serve on a joint health and safety committee
(a) has attended an educational program as prescribed by the regulations, or
(b) attends an educational program prescribed by the regulations within twelve months after being designated, if the person has not attended such program.
14.1(3) Subsection (2) does not apply to a person who, immediately before the commencement of this section, was a member of the committee at a place of employment, but only for so long as that person continues to be a member of the committee at that place of employment.
14.1(4) A person referred to in subsection (3) may attend an educational program prescribed by the regulations if the committee of which the person is a member recommends to the employer that the person attend, and the employer grants leave to the person.
14.1(5) Where an employer does not grant leave in accordance with subsection (4), the Commission may order the employer to grant the person leave to attend the educational program.
14.1(6) Each member of the committee shall, for the periods during which the member is taking any educational program required under this Act that relates to the member’s service on the committee or during which the member is attending any committee meetings, receive pay at his or her rate and other benefits to which he or she would otherwise be entitled.
2007, c.12, s.5.
14.2(1) This section applies to a joint health and safety committee that is established for a project site.
14.2(2) The employer and employee representatives of a committee shall each elect a co-chairman from their respective groups.
14.2(3) A committee, unless it is dissolved under subsection 14.3(6), continues until work on the project site is completed, regardless of the number of employees working on the site.
14.2(4) A committee shall meet at least once a month.
14.2(5) A committee shall
(a) take and maintain minutes of its meeting on a form approved by the Commission,
(b) promptly provide the contractor with a copy of the minutes signed by the co-chairmen of the committee, and
(c) send a copy of the minutes signed by the co-chairmen of the committee to the Commission.
14.2(6) Where a committee cannot agree on a matter related to health and safety, the committee shall call an officer to resolve the problem.
14.2(7) Section 15 applies with the necessary modifications to a committee and the contractor on a project site, except as follows:
(a) the reference to “employer” in paragraph (d) shall be read as “employers on the site”;
(b) the reference to “employer” in paragraph (g) shall be read as “employers”;
(c) subparagraph (k)(ii) shall be read as follows:
(ii) may be assigned to a committee by agreement between the committee and the contractor, or
14.2(8) A contractor who is responsible for a project site for which a committee is established shall ensure that
(a) the names of the members of the committee are posted in a prominent place or places at the project site, and
(b)the minutes of the most recent committee meeting are promptly posted in a prominent place or places at the project site.
2007, c.12, s.5.
14.3(1) This section applies to a project site where
(a) work on the site has continued for more than ninety days, and
(b) thirty or more employees but fewer than five hundred employees work at the site.
14.3(2) A contractor who is responsible for a project site shall ensure that a joint health and safety committee is established within two weeks after the criteria set out in subsection (1) have been met.
14.3(3) A contractor shall ensure that a committee
(a)is constituted of both employer and employee representatives, of which not less than half of the representatives are designated by employees in accordance with this section,
(b) has at least two employee representatives designated by employees in accordance with this section, and
(c) has at least one person designated by the contractor as the representative of the contractor.
14.3(4) Where an employer has six or more employees working at a project site,
(a) the employer may designate a person to serve on the committee as an employer representative, and
(b) the employees shall designate a person to serve on the committee as an employee representative.
14.3(5) Nothing in subsection (4) prevents employees who work for one employer from designating an employee who works for another employer to serve on the committee as an employee representative.
14.3(6) If the number of employees working at the site at any time exceeds four hundred and ninety-nine, the committee established under this section is dissolved, and the contractor shall establish a committee in accordance with section 14.4.
14.3(7) The documents, minutes, records and any other material of the committee that is dissolved become the documents, minutes, records and material of the committee that is subsequently established.
2007, c.12, s.5.
14.4(1) In this section, “trade” means a trade prescribed by regulation and includes any trade designated by a committee under subsection (8).
14.4(2) This section applies to a project site that has five hundred or more employees working on the site at any time.
14.4(3) A contractor who is responsible for a project site shall ensure that a joint health and safety committee is established within two weeks after the criterion set out in subsection (2) has been met.
14.4(4) A contractor shall ensure that a committee
(a) is constituted of both employer and employee representatives, of which not less than half of the representatives are designated by employees in accordance with this section,
(b) has at least two employee representatives designated by employees in accordance with this section, and
(c) has at least one person designated by the contractor as the representative of the contractor.
14.4(5) Where there are one or more employers engaged in work on a project site and the employees of those employers are working in the same trade at the site, the employees working in that trade shall designate a person to serve on the committee as an employee representative.
14.4(6) Nothing in subsection (5) prevents employees who work in one trade from designating a person who works in another trade to serve on the committee as an employee representative.
14.4(7) Nothing in this section prevents employers who provide services in one trade from designating a person who is a employer who provides services in another trade to serve on the committee as an employer representative.
14.4(8) Where a committee is of the opinion that it is desirable to have a representative from a trade that has not been prescribed by regulation, the committee may designate the trade for the purposes of the definition “trade” in subsection (1) and shall promptly advise the contractor that the trade has been designated, and the contractor shall ensure that the employers and employees in that trade are advised of the designation.
14.4(9)Subsections (4) to (7), inclusive, apply in respect of a trade designated under subsection (8).
2007, c.12, s.5.
14.5(1) This section applies to a project site.
14.5(2) On and after the date that is one year after the commencement of this section, no person may be elected to be a co-chairman of a joint health and safety committee unless the person has attended an educational program prescribed by the regulations.
14.5(3) On and after the date that is two years after the commencement of this section, no person may be designated to serve on a committee unless the person has attended an educational program prescribed by the regulations.
14.5(4) Subsections (2) and (3) do not apply if the person designated to serve on a committee was a member of a committee or a health and safety representative on a project site at any time within the twelve months previous to the commencement of this section.
14.5(5) A person referred to in subsection (4) may attend an educational program prescribed by the regulations if the committee of which the person is a member recommends to the employer that the person attend, and the employer grants leave to the person.
14.5(6) Where an employer does not grant leave under subsection (5), the Commission may order the employer to grant the person leave to attend the educational program.
14.5(7) Each member of a committee shall, for the periods during which the member is taking any educational program required under this Act that relates to the member’s service on the committee or during which the member is attending any committee meetings, receive pay at his or her rate and other benefits to which he or she would otherwise be entitled.
2007, c.12, s.5.
15 A committee may
(a) make recommendations for the establishment and enforcement of policies involving health and safety practices;
(b) participate in the identification and control of health and safety hazards at the place of employment;
(c) inform employees and the employer of existing or potential hazards at the place of employment and of the nature of the risks to their health and safety;
(d) establish and promote health and safety programs for the education and information of the employer and employees;
(e) receive, consider and make recommendations to the employer regarding complaints respecting the health and safety of the employees at the place of employment;
(f) maintain records respecting the receipt of, the consideration of and recommendations respecting complaints;
(g) obtain information from the employer respecting the identification of existing or potential hazards of conditions, tools, equipment, devices and machines at the place of employment;
(h) carry out monitoring and measuring procedures by trained committee members where the Commission has determined there is a need for regular monitoring and measuring at the place of employment and has directed the committee to carry out such monitoring and measuring;
(i) investigate any matter referred to in paragraph (e);
(j) participate in all inspections, inquiries and investigations concerning the health and safety of employees, and in particular the investigation of any matter referred to in section 43;
(k) perform any other duties that
(i) the Commission may assign to a committee,
(ii) may be assigned to a committee by agreement between the employer and the employees, or
(iii) are prescribed by this Act or the regulations.
16(1)Where the nature of employment at a place of employment presents a low risk to the health or safety of employees at the place of employment, the Commission may, upon receipt of an application from the committee and after such consultation with any interested persons as it considers advisable, reduce the frequency of committee meetings, if the standard of health and safety of the employees is not thereby materially affected.
16(2) Where meetings as scheduled by a committee could cause a disruption to the normal operations at a place of employment, the Commission may, upon receipt of an application from the employer and in consultation with the committee, schedule the time for the meetings of the committee.



HEALTH AND SAFETY REPRESENTATIVES

17(0.1) This section does not apply to a project site.
17(1) Subject to subsection (2), every employer with not fewer than five and not more than nineteen employees regularly employed at a place of employment shall establish a safety policy in respect of that place of employment which may include provision for a health and safety representative.
17(2) Where the nature of employment at a place of employment presents a high risk to the health and safety of employees or where the accident record of a place of employment is higher than is normal for that place of employment or for similar places of employment, the Commission may require an employer to establish and file with the Commission a safety policy that includes provision for a health and safety representative.
17(3) Where a safety policy established under subsection (1) or (2) includes provision for a health and safety representative, the employees shall elect a health and safety representative.
17(4) The employer shall post the name of the elected health and safety representative in a prominent place or places at the place of employment.
2007, c.12, s.6.
17.1(1) This section applies to a project site
(a)with more than five but fewer than thirty employees working on the site, regardless of the length of time work is carried out on the site, or
(b) where work carried out on the site has not exceeded ninety days, and thirty or more but fewer than five hundred employees work on the site.
17.1(2) On and after the date that is one year after the commencement of this section, no person may be designated as a health and safety representative unless the person
(a) has attended an educational program prescribed by the regulations, or
(b) has served as a health and safety representative or as a member of a joint health and safety committee on a project site within the twelve months preceding the commencement of this section.
17.1(3) Subject to subsection (4), the contractor and the employees working on a project site shall jointly designate a health and safety representative within two weeks
(a) after work on the project site has commenced,
(b) after a person designated as a health and safety representative resigns, is removed or ceases to work at the site, and
(c) after any increase in the number of employees working on the site warrants another designation.
17.1(4) Subject to subsection (5), health and safety representatives shall be designated as follows:
(a) for five to fifty employees working at the site – one representative; and
(b) for every fifty employees thereafter working at the site, or any portion in excess of a multiple of fifty – one representative.
17.1(5) Where the contractor and the employees working at the site are unable to agree on a joint designation under subsection (3), the employees shall designate a health and safety representative within one week after the applicable period set out in subsection (3), and the contractor may designate a health and safety representative within the same period, and subsequent health and safety representatives shall be designated by the employees and may be designated by the contractor in accordance with subsection (4).
17.1(6) A person who is designated as a health and safety representative remains in the position until he resigns, is removed, no longer works at the site or a committee is established under section 14.3 or 14.4.
17.1(7) Section 18 applies with the necessary modifications to health and safety representatives and a contractor on a project site.
17.1(8) Each health and safety representative shall, for the periods during which he or she is taking any educational program required under this Act that relates to his or her service as a health and safety representative, receive pay at his or her rate and other benefits to which he or she would otherwise be entitled.
17.1(9) A person referred to in paragraph (2)(b) may attend an educational program prescribed by the regulations if the person requests the training and the employer grants leave to the person.
17.1(10) Where an employer does not grant leave under subsection (9), the Commission may order the employer to grant the person leave to attend the educational program.
17.1(11)The contractor shall post the name of the health and safety representatives in a prominent place or places at the project site.
2007, c.12, s.7.
18(1) A health and safety representative may do anything that a committee may do under section 15.
18(2) A health and safety representative shall consult regularly with his employer in the course of his activities.
18(3) Where the employer and a health and safety representative cannot agree on a matter related to health or safety, the health and safety representative shall call an officer to resolve the problem.



RIGHT TO REFUSE

19 An employee may refuse to do any act where he has reasonable grounds for believing that the act is likely to endanger his health or safety or the health or safety of any other employee.
2001, c.35, s.8.
20(1) Any employee who believes that an act is likely to endanger his or any other employee’s health or safety shall immediately report his concern to his supervisor, who shall promptly investigate the situation in the presence of the employee.
20(2) Where a supervisor finds that the employee has reasonable grounds for believing that an act is likely to endanger his health or safety or the health or safety of any other employee, he shall take appropriate remedial action or recommend appropriate remedial action to the employer.
20(3) Where a supervisor finds the employee does not have reasonable grounds for believing that an act is likely to endanger his health or safety or the health or safety of any other employee, he shall advise the employee to do that act.
20(4) Where an employee has made a report under subsection (1) and the matter has not been resolved to his satisfaction, he shall refer the matter to a committee or, where there is no committee, to an officer.
20(5) Upon receipt of a referral under subsection (4), the committee shall promptly investigate the situation.
20(6) Where a committee finds that the employee has reasonable grounds for believing that an act is likely to endanger his health or safety or the health or safety of any other employee, the committee shall recommend appropriate remedial action to the employer.
20(7) Where a committee finds that the employee does not have reasonable grounds for believing that an act is likely to endanger his health or safety or the health or safety of any other employee, the committee shall advise the employee to do that act.
20(8) Where a matter has been referred to a committee under subsection (4) and the matter is not resolved to the satisfaction of the employee, the employee shall refer the matter to an officer.
20(9) Upon receipt of a referral under subsection (4) or (8), the officer shall promptly investigate the situation and make his findings known in writing as soon as is practicable to the employer, the employee and the committee, if any, as to whether the employee has reasonable grounds for believing that an act is likely to endanger his health or safety or the health and safety of any other employee.
20(10) Where, on a referral to an officer under subsection (4) or (8), the officer finds that an employee has reasonable grounds for believing that an act is likely to endanger his health or safety or the health or safety of any other employee, the officer shall order appropriate remedial action to be taken by the employer.
20(11) Where, on a referral to an officer under subsection (4) or (8), the officer finds that an employee does not have reasonable grounds for believing that an act is likely to endanger his health or safety or the health or safety of any other employee, the officer shall advise the employee in writing to do that act.
20(11.1) Subsections 32(2) and (3) apply with the necessary modifications to advice given in writing by an officer under subsection (11).
20(12) Pending any investigation under this section or, if an appeal is taken by an employee against the advice of an officer given under subsection (11), pending the decision of the Chief Compliance Officer, the employee shall remain available at a safe place near his or her work station during his or her normal work hours.
2001, c.35, s.9; 2004, c.4, s.2.
21(1) An employee’s right under section 19 to refuse to do any act is protected,
(a) if he has reported his concern to his supervisor under section 20,
(i) until remedial action recommended by the supervisor under section 20 is taken by the supervisor or employer to the employee’s satisfaction, or
(ii) until the supervisor has advised the employee under section 20 to do that act;
(b) if the employee has referred the matter to a committee under section 20,
(i) until remedial action recommended by the committee under section 20 is taken by the employer to the employee’s satisfaction, or
(ii) until the committee has advised the employee under section 20 to do that act;
(c) if the employee has referred the matter to an officer under section 20,
(i) until remedial action ordered by the officer under section 20 is taken by the employer to the officer’s satisfaction, or
(ii) until the officer has advised the employee under section 20 to do that act, and
(d) if the employee has appealed the advice of an officer given under subsection 20(11) to the Chief Compliance Officer, until the decision of the Chief Compliance Officer is rendered.
21(2) Where an employee has refused to do an act pursuant to section 19, the employer shall not assign another employee to perform that act unless that other employee has been advised by the employer of such refusal and the reasons therefor and of his rights under this Act.
2001, c.35, s.10; 2004, c.4, s.3.
22(1) Subject to subsection (2), where an employee has refused to do an act pursuant to section 19 and his right to refuse is protected under section 21, his employer may reassign him temporarily to perform other acts or to other work that is reasonably equivalent to the acts or work he normally performs and the employer shall pay that employee the same wages and grant him the same benefits as he would have received if he had not refused to do the act.
22(2) Where a collective agreement is in force, any reassignment referred to in subsection (1) shall be made in accordance with the collective agreement.
23Where an employee has reasonably refused to do an act pursuant to section 19, his right to refuse is protected under section 21 and he has not been reassigned to do other acts or work under section 22, the employer shall pay that employee the same wages and grant him the same benefits as he would have received if he had not refused to do the act.

 


DISCRIMINATORY ACTION

24(1) No employer or union shall
(a) take any discriminatory action against an employee, or
(b) threaten to take any discriminatory action against an employee or intimidate or coerce any employee,
because the employee has sought the enforcement of this Act, the regulations or an order made in accordance with this Act or the regulations, or has acted in compliance with this Act, the regulations or an order made in accordance with this act or the regulations or has sought enforcement of the Smoke-free Places Act or the regulations or an order made under that Act as that Act or the regulations or orders under that Act relate to a place of employment under this Act.
24(2)A reassignment under section 22 is not discriminatory action under this section.
2004, c.S-9.5, s.17.
25(1) Where an employee complains that an employer or union has violated section 24, the employee may either have the matter dealt with by final and binding settlement by arbitration under a collective agreement, if any, or file a complaint in writing with the Commission.
25(1.1) A complaint referred to in subsection (1) shall be filed with the Commission not later than one year after the violation of section 24 complained of.
25(2) Where the Commission receives a complaint referred to in subsection (1) within the time limit prescribed in subsection (1.1), the Commission shall refer the complaint to an arbitrator whom the Commission shall appoint.
1985, c.64, s.3.
26(1) An arbitrator has all the powers of an arbitrator under the Industrial Relations Act.
26(2) Where an arbitrator makes a finding that the action of the employer or union was discriminatory or that an employer or union has threatened discriminatory action or intimidated or coerced an employee, the arbitrator shall make an order in writing which may include
(a) an order to the employer or union to cease the discriminatory action;
(b) an order to an employer to reinstate the employee to his former employment under the same terms and conditions under which he was formerly employed;
(c) an order to the employer to pay to the employee any wages the employee lost because he was wrongfully discriminated against; or
(d )an order to the employer or union that any reprimand or other reference to the matter in the employer’s or union’s records on the employee’s conduct be removed.
26(3) After investigating a complaint, an arbitrator shall give his findings in writing with reasons therefor and any order made under subsection (2) to the Commission, to the employer or union and to the employee.
26(4) Where an order is made under this section and it appears to a party bound by the order that the arbitrator has failed to deal with any matter of difference, or that a term of the order requires clarification, such party may, within fourteen days after the making of the order, request the arbitrator to deal with the matter and, upon such request, the arbitrator shall deal with the matter of the request in the same manner as in the case of a complaint initially before the arbitrator.
26(5) Any party to whom an order of an arbitrator under this section applies may, within thirty days after being notified of the order, apply by Notice of Application to a judge of The Court of Queen’s Bench of New Brunswick to review and set aside the order on the ground that it was made
(a) without jurisdiction, or
(b) on the basis of an error in law.
26(6) The Notice of Application shall be served by the appellant on the Commission and the other parties to the proceedings in accordance with the Rules of Court.
26(7) Upon service under subsection (6), the Commission and the arbitrator shall deliver to the clerk of The Court of Queen’s Bench of New Brunswick for the judicial district in which the application is to be heard all documents in their possession relating to the application and a copy of the order.
26(8) Repealed: 2001, c.35, s.11.
26(9) After hearing the application, the judge may make any order in accordance with Rule 69.13 of the Rules of Court that he or she considers appropriate.
26(10) Where an application under subsection (5) is dismissed, the judge shall make an order establishing the date on which the order made under subsection (2) is to be effective.
26(11) To the extent that they are not inconsistent with the provisions of this section, the Rules of Court apply in respect of an application made under subsection (5).
26(12) In this section “arbitrator” means an arbitrator appointed under subsection 25(2).
1994, c.70, s.5; 2001, c.35, s.11.

27(1) Where an employer or union fails to comply with any terms of an order made under section 26, the employee or the Commission may, after the expiry of the period referred to in subsection 26(5), file a copy of the order in The Court of Queen’s Bench of New Brunswick.

27(2) An order filed in The Court of Queen’s Bench of New Brunswick under subsection (1) shall be entered and recorded in the Court and when so entered and recorded becomes a judgment of the Court and may be enforced as such against the person designated therein.



NOTICES

43(1) Where an employee is injured in a manner that causes, or may cause, a fatality, loss of limb or occupational disease, or that requires or may require hospitalization, the employer shall ensure that notice of the injury is made to the Commission immediately after the occurrence thereof.
43(2) Where an injury is reported under subsection (1), the employer shall immediately give notification to the committee or to the health and safety representative.
43(3) Except as otherwise ordered by an officer, no person shall disturb the scene of an accident that results in serious injury or death except as is necessary
(a) to attend to persons injured or killed;
(b) to prevent further injuries; or
(c) to protect property that is endangered as a result of the accident.
43(4) Where an accidental explosion or an accidental exposure to a biological, chemical or physical agent occurs at a place of employment, whether or not a person is injured, the employer shall notify the Chief Compliance Officer within a period of twenty-four hours after its occurrence.
43(5) This section does not apply to a place of employment that is a vehicle if the injury or accident occurs on a public road or highway.
1992, c.52, s.23; 2001, c.35, s.15.
44(1) Every owner or employer shall keep posted in a prominent place or places at the place of employment where they are most likely to come to the attention of the employees
(a) a copy of this Act and the regulations; and
(b)in addition to such notices and reports as are otherwise required by this Act or the regulations to be posted, any notice which an officer considers advisable to enable employees to become acquainted with their rights, liabilities and duties under this Act and the regulations.
44(2)Subsection (1) does not apply to a vehicle.
2001, c.35, s.16.



OCCUPATIONAL HEALTH SERVICE

45(1)The Commission may, having regard to the type of work being carried on, the number of employees employed and the degree of uncertainty of hazard at a place or places of employment, designate a place of employment or a class of places of employment as requiring an occupational health service.
45(2) Where a place of employment has been designated under subsection (1) or is a member of a class of places of employment designated under subsection (1), the employer shall cause an occupational health service to be established and maintained for that place of employment in accordance with the regulations.
 

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