Call toll-free in Canada 1 800 222-9775   |   Français


Home    Print Version

Ask Us – Questions from our readers

Question

What are the Occupational Health and Safety Act regulations regarding employees who are required to work alone?

Answer


Question

Our JHSC committee was wondering if there is any WorkSafeNB literature about workplace best practices in dealing with people who have severe allergies and are required to carry Epi-Pens.

Answer


Question
In case of bad weather, like a snowstorm, is a company liable if it requires employees to report for work? What if a company does not send its workers home early during a snowstorm and they are involved in a motor vehicle accident due to adverse road conditions on their way home after work?

Answer


Question
What are the rules regarding breaks and access to drinking water at the workplace?

Would it be possible to have information on breaks and access to water during a day’s work? My daughter works at a fast food restaurant and she was only permitted to take a 20 min break in a 12-hour working day and she doesn’t have access to her bottle of water as it needs to be kept in the back room and to go to the back room she needs to take a break. Is there a way to report this employer if they are not following occupational health and safety rules and regulations?

Answer


Question
We are a full service restaurant and have a first aid cabinet in the kitchen that is serviced/refilled by an external service provider.

Does our first aid cabinet have to be refilled by a separate company? Or, can we fill it ourselves as long as it meets the requirements of Schedule C of the Occupational Health and Safety Act?

Answer


Question
Do I really need a second employee present to hold a ladder at the bottom until the top is secured? I often work alone, which would make this impossible. Any guidance is appreciated.

Answer


Question
Are volunteers covered by New Brunswick’s Occupational Health and Safety (OHS) Act?

Answer


Question
As a low-risk workplace, how can we get approval to have our joint health and safety committee meet less frequently (less than once a month)?

Answer


Question
If two legally separate companies owned by the same corporation both operate from the same building and their combined employee numbers exceed 20, do they need to establish a joint health and safety committee (JHSC)?

Answer


Question
How do I know if I have to get workers’ compensation coverage?

Answer


Question
For temporary worksites, do we need to provide eyewash stations that allow for 15 minutes of continuous flushing? We use some products whose Safety Data Sheets have this requirement, but this can be difficult for temporary worksites, especially in the winter when water in the station may freeze.

Answer


Question
Can employers train their employees on the new WHMIS requirements (adjusting for the Globally Harmonized System of Classification and Labelling of Chemicals)? Do they have to hire someone certified to do so?

Answer


Question
My business operates in a multi-tenant building. Who is responsible for clearing snow and ice from the employee passageways to the entrance – the employer or the landlord? As well, if an employee were to fall in this area and become injured, are they eligible for compensation?

Answer


Question
Does an employer have to provide a paid break to employees working a 12-hour shift if their job does not permit them to leave the job site?

Answer


Question
My workplace has a piece of equipment with a slightly damaged wheel. I feel it is not safe to use. What can I do as an employee and what are my rights in this situation?

Answer


Question
Are there laws or regulations requiring companies to have a defibrillator (AED) on their premise when the building also serves the public?

Answer


Question
How can I access WorkSafeNB’s accident investigation reports? I think their results, as well as statistics on workplace injuries, could help New Brunswick workers have a better understanding of accident causes.

Answer


Question
Do an employer’s workers’ compensation rates rise when they hire individuals with disabilities?

Answer


Question
As my employer’s safety co-ordinator, I recently updated our workplace safety bulletin boards with information required by my company’s corporate safety department. What information does WorkSafeNB require be placed on bulletin boards?

Answer


Question
Can I lock my office door when I am working alone on a Saturday?  I am the only one working in the building from 9 a.m. to 5 p.m.

Answer


Question
In case of bad weather, like a snowstorm, is a company liable if it requires employees to report for work? What if a company does not send its workers home early during a snowstorm and they are involved in a motor vehicle accident due to adverse road conditions on their way home after work?

Answer


Question
I volunteer at a food bank where about eight employees and more than 60 volunteers work on any given day. Do we need a joint health and safety committee (JHSC) and how should we structure our health and safety program?

Answer


Question
Our company has developed and reviewed a fall arrest rescue plan with our employees. Is there also a requirement under the Occupational Health and Safety Act for us to hold a mock training session for fall arrest rescue plans?

Answer


Question
Who is responsible for filling out Form 67 – Report of Accident or Occupational Disease when an employee falls in the employee parking lot owned by a third party? Should the owner of the parking lot, rather than the employer, be completing the Form 67?

Answer


Question
While working roadside, do employees’ shirts have to be orange and/or yellow with the reflective striping, or any colour with the reflective striping?

Answer


Question
Does a New Brunswick employer have to pay employees for breaks if they are not allowed to leave the property and are expected to be on call?

Answer


Question
What can be done about an employee wearing perfume that causes a co-worker to become ill?

Answer


Question
What footwear do you recommend for service staff in a bar?

Answer


Question
Under New Brunswick’s first aid regulation, employers are required to make sure a first aid provider has a minimum six hours of first aid practice each year. Do I have to pay for my employees to take the course?

Answer


Question
Can an employer make a (material) safety data sheet (SDS) available on a computer?

Answer


Question
Some customers have asked us to inspect and maintain their first aid kits at their locations to ensure they are stocked and up-to-date. I was wondering if I need special training to do this? As well, does WorkSafeNB have a template for a first aid kit logbook?

Answer


Question
What are the regulations regarding an employer’s responsibility to maintain parking lots and walking paths to the workplace? Our parking lot is full of deep holes, it’s rarely salted and often covered in ice in the winter. The path to the office is down a steep embankment and many of our employees are over 50 years of age. It’s dangerous. Should I voice these concerns to our human resources department? What do you recommend?

Answer


Question
I’m concerned by the number of product displays in the aisles of retail stores. It sometimes feel like I’m going through an obstacle course when I take a shopping trip. In big-box stores, I often see pallets with exposed wood. Are there any rules and regulations regarding safety in such settings? Is there a minimum aisle clearance required? Should retailers be forced to have a suggestion box on site for safety concerns by customers?

Answer


Question
A co-worker is concerned that a recent case of bronchitis may be related to the air quality in our workplace. Does WorkSafeNB conduct air quality testing?

Answer


Question
Which WorkSafeNB decisions can a person appeal?

Answer


Question
Can the details of my workplace incident under investigation be released?

Answer


Question
I have a worker travelling out of province to do some work for our company. Will she still be covered under New Brunswick’s Workers’ Compensation Act while there?

Answer


Question
I have an employee who states he incurred an injury to his elbow while at work three months ago and can no longer perform his work duties. He had been able to work until now and I had not been notified of the injury previously. Is there a time limit to report an injury?

Answer


Question
Is there a policy or regulation regarding footwear in a warehouse setting?

Answer


Question
Is there a requirement for me to wear my protective headwear with the peak facing forward?

Answer


Question
On New Brunswick construction sites, is the contractor responsible to ensure that no one, other than the workers, have access to the work site area by installing a fence around the work site area? In other words, if the contractor is excavating a large area and digging down several feet near an occupied building, are they required by law to place a fence around this work site so that no one other than the workers themselves have access to the work area?

Answer


Question
I am a faculty member at a Maine university and have students who will be completing internships at agencies in New Brunswick from September to May. Some of these agencies require WorkSafeNB coverage. Do you offer a student policy for educational internships?

Answer


Question
I drive around New Brunswick for work. My employer and the company they lease a truck from are very reluctant to give us proper winter tires. They expect me to drive in storms in a vehicle equipped with all-season tires without studs. The tires we have right now have a fraction of tread of 4/32. I can refuse to drive but the backup driver, who needs more hours, will take my shifts. I just want to work in a safe environment. What are my options?

Answer


Question
With cold weather upon us, can you offer guidance in the proper use of space heaters in an office setting?

Answer


Question
My construction company is considering having our workers purchase and supply their own safety harnesses. With respect to liability, who is responsible to ensure it is inspected? If the worker has been educated on the proper maintenance and care of their harness and an incident happened anyways, will this be viewed as the company’s fault or the fault of the worker?

Answer


Question
My construction company is based in Quebec and we are scheduled to perform some work on a maintenance garage in northern New Brunswick. I know there is an existing agreement between the two provinces regarding labour mobility. How does it actually work with respect to WorkSafeNB’s health and safety requirements?

Answer


Question
My workplace has just received an order from a health and safety officer requesting that we provide eyewash stations in areas where our workers use corrosive chemicals that can damage the eyes. I was considering purchasing hand-held squeeze bottles known as “personal eyewash”. Would these products be acceptable and meet the requirements of the order?

Answer


Question
I am inquiring about the use of defibrillators in the workplace. Are these supposed to be standard in public facilities or high stress work environments?

Answer


Question
Is there any part in the legislation that allows a trained rescuer to work outside the regulations of normal operating practices for a crane in an emergency situation? In the event of an emergency, I want to be able to use a crane to lift an injured worker, in an approved lifting stretcher, from a confined space.  The crane operation will be done by a trained operator and overseen by the rescuer. 

Answer


Question
My fiancé’s boss told him he is not allowed to wear eye protection at his job. He works in a tire shop and wants to protect his eyes. His eyewear is tinted work safety glasses as he goes outside as well to work on trucks outside the shop and as well on service calls. Can an employer deny him from protecting his eyes? Also, is there something I can print to show his boss if he can or cannot deny him from wearing eye protection. Any help would be appreciated.

Answer


Question
Our company is involved in construction. As part of our equipment fleet, we have a rough terrain forklift truck. This forklift is mainly used to deliver materials to higher levels, however on occasion it is used to suspend trusses in position when erecting higher level floors or roofs. What special precautions should we be taking when doing this? 

Answer

 


Question
As part of the work being carried out in our workplace, we are required to operate a forklift. On occasion, the height of the load being moved is higher than the forklift’s load backrest. What laws need to be complied with?

Answer


Question
Our workplace is a central distribution centre servicing the retail industry. Our warehouse loading dock has both dock lifts and dock levelling devices. Are these devices considered to be hoisting devices under the regulation and therefore subject to the provisions on hoisting apparatuses, sections 207–212 of General Regulation 91-191?

Answer


Question
We are renovating an area in my office where copies of the OHS Act and its regulations are kept, as required under subsection 44, which states:

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.


Given that the Act was written at a time when very few people had Internet access, it made sense to post hardcopies of the legislation around the office.

In a workplace where there is almost universal computer and Internet access, is it still necessary to actually post hardcopies of the OHS Act and regulations? Or is the intent of section 44 satisfied by posting them online?


Answer


Question
Are there any regulations in the Occupational Health and Safety Act regarding safety harnesses and their age? Are we required to remove them from service after so many years?

Answer


Question
Can you clarify subsections 216.2(1) and 216.2(2) of Regulation 91-191 for pre-use inspections on industrial lift trucks?

216.2(1)The opearator of an industrial lift truck shall check for the effectiveness of all safety devices daily before operating the truck.

 

216.2(2) If more than one operator uses an industrial lift truck in the course of a day or if the industrial lift truck is used on more than one shift, each operator shall check for the effectiveness of all safety devices before operating the truck.


I've been told that an inspection sheet has to be done once per shift by the first operator and if a second operator uses the same piece of equipment, he does not have to fill out another inspection sheet, just verify that the inspection has been done and do a check of all safety devices on that machine.

I also understand that every lift truck operator has to fill out one inspection sheet per shift, so if there are three operators on that shift, there would be three recorded inspection sheets.

I know they all have to check the safety devices but do they all have to record it on an inspection sheet?

Answer


Question
We live about a half-hour out of town (away from my husband's workplace). He has refused to travel to work when the roads are bad. Today there were whiteout conditions and although he attempted to drive to work, he ended up turning around and coming back home. Can he be fired for not going to work when the roads are unsafe? He's been told this is a problem. A co-worker lives near us and travels in to work no matter what the conditions and he is compared to this co-worker. Please let us know.

Answer


Question
I am a contractor who is required to frequently perform trenching work where there is a risk of contact with utility lines or piping. According to the owners, it is not always possible to de-energize utility lines or piping. Are there circumstances where work can be carried out within 600 mm (two feet) of the utility lines or piping without de-energizing them?

Answer


Question
A client of ours contacted us to do an inspection on a railing system we installed for them last year. I do not believe there is any requirement under the regulations for this. Can you advise if we have an obligation to do this?

Answer


 







Twitter YouTube LinkIn




© 2018 WorkSafeNB