Workplace health and safety programs in New Brunswick (WorkSafeNB)

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This page summarizes WorkSafeNB's Guide to Workplace Health & Safety Programs (revised April 2022). The guide explains what New Brunswick's Occupational Health and Safety (OHS) Act requires of a workplace health and safety program. Section numbers are given as the guide quotes them. The rules are New Brunswick rules; other provinces have their own legislation.

What a program is and who needs one (pp. 4–5)

• A health and safety program is an organized, written action plan. It identifies and controls hazards, defines safety responsibilities and responds to emergencies, so that accidents and occupational diseases are prevented. Its aim is to build safety and health into all work practices (p. 4).
• Who needs one (s. 8.1(1)): in New Brunswick, provincially-regulated employers with 20 or more employees regularly employed. The program is written in consultation with the JHSC or H&S representative (p. 4).
• The requirement is tied to the employer, not the workplace. All of the employer's New Brunswick operations are counted together, so 15 employees at one site plus 5 at another makes 20 (p. 4).
• Contractors and sub-contractors count only employees they employ directly. A sub-contractor's employees do not count toward the contractor's number (p. 4).

Internal responsibility system and consultation (p. 5)

• The OHS Act is based on the internal responsibility system: the people doing the work are responsible for a healthy and safe workplace. Everyone, at any level, takes initiative to improve safety.
• The employer is ultimately responsible for developing, implementing and monitoring the program. However, it must consult employees, and the JHSC or H&S representative must be consulted on all program matters.
• Consultation means giving information, listening and taking account of employees' views. It does not remove the employer's right to manage: the employer still makes the final decision.

General responsibilities (pp. 6–7)

Position	Examples of responsibilities
Senior management	Set policy direction and planning; monitor the program; delegate authority; allocate budget; hold line managers accountable; respond promptly to JHSC recommendations; report incidents and injuries to WorkSafeNB
Line management (supervisors)	Provide training; supervise so safe work procedures are followed; communicate hazard information and controls; consult employees; investigate incidents for root cause; hold the people they supervise accountable
All employees	Follow rules and job procedures; wear PPE as required; use machinery, equipment and materials only as authorized; report hazards, unsafe conditions and near misses; report all injuries, however minor; co-operate with the JHSC or representative
JHSC / H&S representative	Make recommendations; carry out inspections and investigations; help develop the program, safety policy and safe work procedures; take employee concerns to management. A JHSC (other than on a project site) meets at least once a month, unless WorkSafeNB, on the committee's application, reduces the frequency for a low-risk workplace (OHS Act ss. 14(0.1), 14(6), 16(1)); its meetings are recorded and posted

Due diligence (p. 7)

• Due diligence means taking all reasonable care to protect the well-being of employees or co-workers, by taking all reasonable precautions in the circumstances.
• After an incident, three factors are considered: was the event foreseeable, was it preventable, and did you have control over the circumstances?
• Due diligence cannot be made up after the fact. A well-written, well-practised program that controls specific hazards may form the basis of a due diligence defence.

The nine program components (p. 8)

#	Component	Purpose (paraphrased)
1	Safety policy	Shows the workplace's commitment to health and safety
2	JHSC or H&S representative	Works with the employer and puts the internal responsibility system into practice
3	Regular workplace inspections	Identify and correct unsafe acts and conditions
4	Incident/injury investigation	Find causes (including of near misses) to prevent recurrence
5	Hazard identification system	Recognize, evaluate and control hazards
6	Written work procedures	Describe how to do tasks safely
7	Orientation, training and supervision	Make sure employees understand their responsibilities and follow safe practices
8	Records and statistics	Establish due diligence; show all components are in place
9	Monitoring	Check the program works; adjust it and keep it current

Step 1 – Safety policy (p. 9)

• Signed by the most senior official (owner, president or CEO) to show leadership's commitment.
• It should be developed with employees; state management's commitment, the program's objectives and employer and employee responsibilities; and make clear that safety will not be sacrificed for convenience and unsafe behaviour will not be tolerated.
• It should be written in clear language, posted in every workplace of the employer, communicated to new employees during hiring, and dated, reviewed and signed annually.

Step 2 – JHSC or H&S representative (pp. 10–11)

• JHSC required (s. 14(1)) where an employer has 20 or more employees regularly employed at a place of employment. Project sites follow ss. 14.2–14.5 instead.
• Project sites: a JHSC is needed where work has lasted more than 90 days with 30 to 499 employees (s. 14.3), or where 500 or more employees work on the site (s. 14.4). The responsible contractor must have it set up within two weeks of the criteria being met.
• 5 to 19 employees (s. 17(1)): the employer must have a safety policy, which may provide for an H&S representative. WorkSafeNB may order a representative if the workplace is high-risk or incidents are rising.
• A JHSC is employee and employer representatives working together to identify and solve problems. Its primary purpose is to facilitate communication on health and safety.
• An H&S representative is normally an employee with no supervisory duties who advises management for employees.
• Committee and representative activities include: helping develop the program and safe work procedures, helping resolve complaints, helping train and orient new employees, identifying and controlling hazards, incident investigations, regular inspections, taking part in WorkSafeNB inspections, advising on PPE, posting minutes, monitoring the program and investigating work refusals (p. 11).

Step 3 – Workplace inspections (pp. 12–13)

• The workplace must be inspected at least once a month (s. 9(2)(a.1)). The employer develops the inspection program with the JHSC or representative and shares each inspection's results with them (s. 9(3)).
• Some items may need daily, start-of-shift, annual or manufacturer-recommended inspections. Base more frequent schedules on the frequency of work, degree of hazard and history of incidents or near misses.
• Inspection steps include watching tasks, asking questions, examining equipment and maintenance records, checking housekeeping and tool storage, and looking for what isn't obvious (e.g. fire doors blocked or not opening outward).
• Keep records of all findings, recommendations and follow-up. Recommendations must be followed up to confirm they worked, since a fix can sometimes create a new hazard.

Step 4 – Incident investigation and near misses (p. 14)

• The program needs a system for prompt investigation of hazardous occurrences to find their causes and the actions that will prevent them from happening again (s. 8.1(1)(e)).
• The intent is to prevent a recurrence, never to lay blame. Look for root and direct causes; there are usually several.
• Serious incidents and injuries must be reported immediately to WorkSafeNB (1 800 999-9775).
• The accident pyramid: for every 1 serious result there are on average 30 lost-time claims, 300 medical-only cases, 3,000 near misses and 30,000 at-risk behaviours. Near misses are warning signs, and recording them can be as simple as a notebook that the JHSC or representative reviews.
• Investigators should be trained. They may include the supervisor, JHSC members or the H&S representative.

Step 5 – Hazard identification (pp. 15–16)

• A hazard is anything (condition, situation, practice or behaviour) with the potential to cause harm, including injury, disease, death, environmental damage, or damage to property and equipment.
• The system must include evaluating the workplace for potential hazards, procedures and schedules for inspections, and procedures for reporting hazards with prompt follow-up and control (s. 8.1(1)(d)).
• The five steps are: list all tasks (including maintenance, repair and cleaning) → identify critical (high-risk) tasks → break them into steps (watch the job and consult the worker) → identify hazards in each step → find ways to control or eliminate them.
• Update the analysis whenever equipment, raw materials, processes or the environment change. The people doing the work must contribute what they know.

Step 6 – Written work procedures and emergencies (pp. 17–19)

• The program must include written work procedures and codes of practice, and identify which types of work need them (s. 8.1(1)(b), (c)).
• A safe work procedure gives the normal sequence of steps, the hazards and how to eliminate or minimize them, and preventive measures, including PPE.
• Writing tips: start with a statement of the task; say what to do, not what not to do; briefly explain why; include PPE requirements, remembering that removing, substituting or reducing the hazard is preferable to PPE; consider the work environment; write controls as actions. Have the workers who do the job read and approve it.
• Supervisors monitor and enforce procedures. Following them should be a condition of employment.
• Emergency planning: evacuation is a primary part of most plans. Start with a floor plan showing the main hazards, plan exit routes away from major hazards with alternates, consider exits, emergency lighting and who will get help, make sure everyone knows the plan, and practise it.

Step 7 – Orientation, training and supervision (pp. 20–23)

• New employees must receive orientation and training for their position and workplace before they begin work (s. 8.2(2)).
• A "new employee" (s. 8.2(1)) is someone new to a position or workplace; returning where the hazards changed while they were away; under 25 and returning after more than six months away; or affected by a change in hazards.
• Orientation must cover (s. 8.2(4)): the supervisor's name and contact information; JHSC or representative contact information; the worker's rights, liabilities and duties, including reporting and the right to refuse (s. 19); procedures and codes of practice for their tasks; first aid location and how to get first aid; how to report illnesses and injuries; emergency procedures; and PPE use, if applicable.
• Training is hands-on and job-specific, given individually or in small groups, with demonstrations and active participation. Allow time for questions, make demonstration and practice part of it, and cover PPE use, cleaning, maintenance and fit. Keep training records (type, instructor, dates, attendees) for three years.
• Retrain when procedures are done poorly. Repeated problems may mean the procedure itself needs review.
• The regulations require specific training in areas including first aid, WHMIS, lock out, material handling, working alone, PPE, fall protection, confined spaces, forklift operation, emergency procedures, electrical hazards and hazardous materials handling (p. 23).
• Supervision (s. 9(2)(c.3)) makes sure procedures are actually followed. A worker who keeps deviating is disciplined under a clear, fair, consistently applied policy, and a record goes in the employee's file.

Step 8 – Records and statistics (pp. 24–25)

• The program needs a record management system covering training, accident statistics, work procedures, inspections, maintenance, follow-up and investigations (s. 8.1(1)(f)).
• A copy of the program and all records must be available to the JHSC or representative and, on request, to an employee at the workplace or to the Commission (s. 8.1(3)).
• Records to keep include inspection and investigation reports with corrective actions, orientation and training records, toolbox talk records, supervisors' safety notes, progressive-discipline records, JHSC minutes, equipment logbooks, first aid records, and emergency plans and drill records.
• Incident data (near misses, first aid, medical aid, lost-time) can be compared by month, work type, shift and worker experience to spot trends.

Step 9 – Monitoring the program (p. 26)

• The program must be reviewed at least once each year with the JHSC or representative, and updated as required (s. 8.1(2)).
• The JHSC helps monitor effectiveness through inspections, hazard identification and investigations. Legally it participates; the employer is responsible for the evaluation. Supervisors and managers must follow up on JHSC recommendations.

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Sources: WorkSafeNB, Guide to Workplace Health & Safety Programs (revised April 2022), pp. 4–26; New Brunswick Occupational Health and Safety Act, ss. 14(0.1), 14(6) and 16(1) (committee meetings).