New Brunswick General Regulation 91-191: what applies in a cabinet shop

About this regulation

New Brunswick Regulation 91-191 is the General Regulation under the Occupational Health and Safety Act. This summary covers only the parts that matter in a cabinet shop or on an installation site: emergency eyewash, indoor air and dust, noise, protective equipment, tools, portable ladders and machine safety. Section numbers and page numbers are from the consolidated regulation. "Shall" in the regulation is a legal duty, so it appears here as "must".

The WorkSafeNB lockout guide (see Lockout in New Brunswick (WorkSafeNB)) explains the lockout steps. The lockout section below lists only what the regulation itself requires.

Emergency eyewash and shower (s. 11, p. 37)

• The employer must provide emergency showers or eyewash fountains where an employee's skin or eyes may be exposed to contamination from materials. They must be in the area where the contamination may occur.
• The equipment must comply with ANSI/ISEA standard Z358.1-2009, American National Standard for Emergency Eyewash and Shower Equipment, or a standard offering equivalent or better protection (s. 11(2)).

General workplace conditions (ss. 16–21, pp. 39–41)

• Materials, machines and equipment must not be stored or located so that they create a hazard. Refuse containers must be emptied at frequent intervals (ss. 16–17).
• Each employee needs at least 8.5 m³ of air space, and height above 3 m does not count (s. 19).
• Minimum temperatures in an enclosed work area (s. 21):

Work	Minimum
Light work while sitting (mental, precision, reading, writing)	20 °C
Light physical work while sitting (e.g. small machine tools)	18 °C
Light or moderate physical work while standing (e.g. machine tool work, assembly, trimming)	16 °C
Heavy physical work while standing	12 °C

If heating to these temperatures is not practical, the employer must provide a suitable place where employees can get warm.

Ventilation, air contaminants and dust (ss. 20–25.2, pp. 39–47)

Ventilation (s. 20)

• A ventilation system must prevent exhausted air from returning through the outside air intake.
• Replacement air must not be a health hazard, must not contain air contaminants above 10 % of the occupational exposure limits, must be heated when necessary and must be distributed without undue drafts.

Air contaminants (s. 24)

• Air contaminants must be kept at a level that is not a hazard. Where an occupational exposure limit exists, exposure must never exceed it (s. 24(1)).
• Where practical, the employer must install and use engineering controls (s. 24(2)). These must be designed, installed and maintained according to good engineering practice.
• The employer must provide a respirator, and the employee must wear it, when engineering controls are not practical or are still being installed (s. 24(2.11)).
• If ventilation is used as the engineering control, the contaminant must be controlled at the source by effective local exhaust ventilation. If that is not practical, general ventilation or a mix of general and local exhaust must be used (s. 24(2.2)–(2.21)).
• A local exhaust system must be designed so that, in normal work, the employee's breathing zone is not between the source and the exhaust uptake (s. 24(2.3)).
• Ventilation openings must not be blocked by material or equipment (s. 24(2.31)).
• An exhaust system must keep running until the work is finished and the contaminants are at a safe level. It must be regularly inspected and monitored (s. 24(2.4)–(2.41)).
• If a system failure could cause a hazard that is not obvious, a warning device or other means must be provided (s. 24(2.5)).
• Makeup air must be supplied. It keeps the system effective and stops contaminants being drawn in from other areas (s. 24(2.51)).
• A combustible or flammable contaminant that may present a fire or explosion risk needs a separate exhaust system (s. 24(2.61)). Electrical components in the air flow must meet the Canadian Electrical Code (s. 24(2.7)).
• Dust collectors: since April 1, 2024, a collector with an internal volume greater than 0.6 m³ that controls combustible dust must be located and constructed so that an explosion inside it will not endanger any employee (s. 24(2.71)).
• If there is reason to believe a contaminant may be approaching 50 % of its exposure limit, the air must be tested (s. 24(4)).

Respiratory protective equipment: when required (s. 25, p. 46) The employer must provide adequate respiratory protective equipment where: (a) a contaminant may exceed 50 % of its exposure limit in normal work; (b) accidental exposure above the limit is possible; or (c) oxygen is or may be below 19.5 % by volume.

Dust (s. 25.2, p. 47)

• Where dust may create a hazard, the employer must keep the dust level controlled so that it does not endanger employees.

Noise (ss. 29–33, pp. 49–53)

• Measurement: if there is reason to suspect noise may exceed 80 dBA, a competent person must measure it using a CSA procedure. The results are documented and made available to the committee or representative, if any, and to an officer on request. Where there is reason to suspect substantial changes in noise levels, noise and exposure are re-measured and documented (s. 29).
• Hearing conservation code of practice: this is required where exposure exceeds, or is believed to exceed, the s. 30 limits. It is developed with the committee or representative, or with the employees if neither exists. It covers:
  • noise levels and the work area it applies to
  • noise control measures, including engineering controls
  • selection, use and maintenance of hearing protection
  • training
  • warning signs
  • hearing test requirements

  Employees must comply with it. It is reviewed at least once a year and updated when conditions change or an officer orders it (s. 29.1).

• Hearing tests: for employees exposed above the limits, the first test is due as soon as circumstances permit and no later than 6 months after employment starts. After that, a test is due at least every 24 months (s. 29.2). Results are kept for as long as the employee is employed and are confidential: they are released only to an officer, with the employee's written permission, or as otherwise required by law (s. 29.3).
• Exposure limits (s. 30(1)). Exposure must also be kept as low as is practical.

dBA	80	82	85	88	91	94	97	100
Hours per day	24	16	8	4	2	1	½	¼

• Peak noise must never exceed an A-weighted level of 140 dB (s. 30(3)).
• Where practical, engineering controls must be used to meet the limits (s. 31). Where necessary, the employer must provide and the employee must use hearing protection (s. 32).
• An area above 85 dBA must be marked by a sign that shows the range of measured noise levels and warns of the hazard (s. 33).
• Hand-arm vibration must also be kept as low as practical and within the limits in s. 33.2.

Protective equipment (ss. 38–48, pp. 57–61)

• Employer (s. 38(1)): must provide the required equipment and ensure employees are instructed and trained to use, care for and inspect it according to the manufacturer's specifications.
• Employee (s. 38(2)): must
  • use the equipment as trained
  • test or visually inspect it before each use
  • report defective equipment and not use it
  • care for it properly
• Eyes, face, ears, front of neck (s. 39): equipment must suit the hazard and meet the CSA eye and face protector standard.
• Head (s. 40): on a project site, Class E, Type 2 headwear meeting the CSA standard. Elsewhere, where there is a hazard that may injure the head, head protection appropriate to the hazard that meets the same CSA standard. The employer provides the headwear and ensures it is worn. A retention system is required where the headwear could be lost.
• Feet (s. 41): on a project site, Grade 1 footwear with sole protection meeting the CSA standard. Elsewhere, where there is a hazard that may injure the foot, foot protection appropriate to the hazard that meets the same CSA standard.
• Skin (s. 42): as necessary, adequate gloves, footwear, body covering, a barrier cream or oil, or other sufficient protection.
• Hands (s. 43(1)): when handling objects that may injure the hands, adequate protective gloves or other protective equipment.
• Extreme heat or cold (s. 44): adequate protective clothing.
• Respiratory protection (ss. 45, 47): wherever respirators are required, the employer needs a code of practice. It names the person responsible and covers:
  • the equipment and the hazards
  • selection, care, use, maintenance and fitting
  • training
  • records
  • how often the code is reviewed

  It is developed with the committee, representative or employees and must be available to employees. Employees must follow it. Where a tight fit is essential, the employee must be clean shaven enough for an effective seal.

• Hearing protection (s. 48): must meet the CSA standard. The types used are chosen in consultation with the committee, representative or employees. The employer and the user must each keep it sanitary.

Tools (ss. 80–85, pp. 96–98)

• Owner (s. 80): the tool must
  • be of good quality material for its use
  • be inspected before use and repaired or replaced as needed
  • be kept in working condition
  • be tempered, dressed and repaired only by a competent person
  • have grip devices where necessary
  • be non-sparking where a spark could ignite an explosive atmosphere
  • be stored properly
• Employer (s. 81): employees must be competent with tools, follow the manufacturer's specifications and be instructed to use tools only for their designed purpose.
• User (s. 82): must
  • use, handle and carry tools safely
  • inspect before use
  • not use a defective tool, and report it
  • maintain the tool if competent to
  • use it only for its designed purpose
  • store it safely
  • not leave tools on floors, passageways, stairways or elevations from which they might fall
  • never point a tool that ejects nails, pins or other projectiles at anyone
• Portable power-operated hand tools (ss. 83–85):
  • Clean with a nonflammable, non-toxic solvent or as the manufacturer specifies.
  • Electric tools must be double insulated or bonded to ground. If a tool is not double insulated and bonding it to ground is not practical, it must be equipped with a double insulated portable class A ground fault circuit interrupter.
  • Lines and hoses need appropriate fittings and couplings and a shut-off readily accessible to the user.
  • Lines and hoses must not be run across aisles, travelways or work areas so as to create a hazard. This duty applies to both the employer and the employee.
  • The user must keep guards in place, disconnect the power before changing accessories, and hold the end of a flexible-shaft tool firmly when starting it so it does not whip.

Portable ladders (ss. 122–126, pp. 129–132)

• Employer: ladders must be strong and long enough, clean, free of grease and in safe condition. A ladder with loose, broken or missing rungs, split side rails or other hazardous defects must be removed from service (s. 122). Ladders must comply with, and be used according to, CSA Z11 Portable ladders or ANSI A14.7 Mobile Ladder Stands and Mobile Ladder Stand Platforms, or a standard offering equivalent or better protection (s. 124(1)).
• User (s. 125):
  • inspect the ladder before use and report unsafe conditions
  • face the ladder and use both hands to climb or descend, and stand centred between the rails
  • secure the ladder against movement
  • side rails must extend at least 1 m above a landing the ladder gives access to
  • a step ladder's legs must be held by metal braces or equivalent
• Must not:
  • place a ladder in front of a door unless the door is blocked open, locked or guarded
  • use a ladder as scaffold flooring or support
  • stand on the shelf, top or top step of a step ladder
  • work from the top three rungs of a single or extension ladder
• An employee working 3 m or more above the ground or floor on a portable ladder may work without a fall-protection system if all these conditions are met (s. 124(3)):
  • the work is a light duty task of short duration at each location
  • the worker's centre of gravity stays between the two side rails
  • the worker will generally have one hand free to hold on to the ladder or another support
  • the ladder is not near an edge or floor opening that would significantly increase the potential fall distance

Machines: general, starting and stopping (ss. 235–238, pp. 209–211)

• Machines must be installed, operated, serviced, cleaned, adjusted, maintained and repaired according to the manufacturer's specifications. Rated capacity must not be exceeded, by the employer or the operator (s. 235).
• Machines must be regularly inspected. A defective machine that may cause injury must be removed from service until repaired (s. 236).
• Controls must be located and protected against unintentional activation and identified. Pedals must be guarded against being struck accidentally (s. 237(1)–(2)).
• If the operator has no clear view of the machine and start-up could endanger someone, an alarm must give effective warning before start-up (s. 237(4)).
• The operator must have unimpeded access to the stopping means in their immediate work area (s. 237(5)).
• The operator must ensure that starting, stopping and operating the machine endangers no one (s. 238).

Lock out (ss. 239–240, pp. 211–213)

• The energy-isolating means is required in addition to the normal start/stop controls. It must be lockable, in a location familiar to all employees and properly identified (s. 239(1)).
• The employer provides the safety lock and key (s. 239(2)). The employer also sets up a written lock out procedure and trains the employees who may have to lock out (s. 239(3)).
• Before cleaning, maintenance, adjustment or repair, a competent person puts the machine in a zero energy state. Then each employee who will work on it:
  • verifies that all potential energy sources are inoperative
  • locks the machine out with the employer-provided lock and key
  • attaches a non-conductive tag that shows:
    • words directing persons not to start or operate the machine
    • the qualified person's printed name and signature
    • the date and time the tag was put on

  (s. 239(4))

• No employee may start the work until they have checked the above and verified by testing that the machine is inoperative (s. 239(5)).
• A lock or tag may be removed only by the person who installed it. In an emergency, or when that person cannot be reached, a competent employee designated by the employer may remove it (s. 239(6)).
• Where lockout is inappropriate or inadequate, the employer must set up a code of practice with the committee or representative, if any. It specifies:
  • personnel responsibilities
  • training
  • procedures for neutralization, clearance, release and start-up

  The employer must comply with it and enforce it (s. 240).

Contact with machines and safeguards (ss. 241–243, pp. 213–214)

• The employer must provide enough space around each machine (s. 241(1)).
• Near moving parts, employees must wear close fitting clothing, confine or cut head and facial hair, and wear no jewellery, rings or dangling neckwear (s. 241(2)).
• The employer must provide safeguards against contact with moving parts, including belts, gears, pulleys, spindles, pinch points and cutting edges. There is no need for one where a device automatically stops the machine before contact (s. 242(1)–(2)).
• Where a machine failure could throw objects, a guard strong enough to contain or deflect them is required (s. 242(3)).
• No employer or employee may alter the design of a machine that has an interlocked safeguard (one that prevents operation unless the safeguard is in place) (s. 242(4)). If the employer has determined that an adequate safeguard cannot be provided, the machine must be physically modified or the work procedure changed (s. 242(5)).
• A safeguard may be removed only for cleaning, maintenance, adjustment or repair. Before leaving the machine, it must be put back and working, or the machine left in a zero energy state. If the person cannot directly control the machine, they must first put it in a zero energy state and lock it out, or follow the code of practice (s. 243).

Grinders, cutting or shaping machines and saws (ss. 244–246, pp. 214–216)

• Abrasive wheels (s. 244):
  • the wheel's maximum safe rpm (per the manufacturer) must be identified on the wheel, and the output shaft's maximum rpm on the grinder
  • the wheel is checked for flaws, has a protective hood and is mounted per the manufacturer
  • the tool rest is as close to the wheel as is safely possible
  • the employee runs the wheel at full speed before applying work, never overspeeds it, does not grind on the side unless the wheel is designed for it, and does not adjust the tool rest while the wheel is moving
• Push stick: a narrow strip of wood or other soft material with a notch in one end.
• Push block: a block of wood with a handle like a hand plane and a shoulder at the rear.
• Push sticks and push blocks are used to feed material and are long enough to keep the hand away from the machine (s. 245(1)).
• Where a cutting or shaping machine may injure a hand, the employer provides and the employee uses a push block, push stick or other adequate device (s. 245(2)).
• Woodworking band saws: the wheels and the return part of the blade must be enclosed by sheet metal guards at least 1 mm thick, or equivalent (s. 246(2)).
• Circular saws: need a hood guard covering as much of the exposed saw as possible, at least to the depth of the teeth (s. 246(4)).

Compressed air (s. 254, pp. 219–220)

• Cleaning surfaces: a blowpipe with a control valve on the hose end, and appropriate protective equipment.
• Blowing dust off clothing: eye protection, plus air limited to 69 kPa or safety nozzles with the same pressure-limiting effect.

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Source: New Brunswick Regulation 91-191, General Regulation – Occupational Health and Safety Act (consolidated), ss. 11, 16–25.2, 29–33.2, 38–48, 80–85, 122–126, 235–246, 254.