BILL 48
An Act to Amend the Occupational Health and Safety Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Subsection 2(2) of the Occupational Health and Safety Act, chapter O-0.2 of the Acts of New Brunswick, 1983, is repealed.
2 Section 8 of the Act is amended
( a) by repealing subsection (1) and substituting the following:
Establishment of safety policy
8( 1) Every employer with 20 or more employees regularly employed in the Province shall establish a written safety policy, in consultation with his or her employees.
( b) by adding after subsection (1) the following:
8( 1.1) The safety policy shall set out the responsibilities of the employer and the employees.
( c) by repealing subsection (2) and substituting the following:
8( 2) The employer shall keep a copy of the safety policy at each place of employment of the employer and shall make it available to an officer on request.
3 The Act is amended by adding after section 8 the following:
Establishment of health and safety program
8.1( 1) Every employer with 20 or more employees regularly employed in the Province shall establish a written health and safety program, in consultation with the committee or the health and safety representative, that includes provisions with respect to the following matters:
( a) the training and supervision of the employees in matters necessary to their health and safety;
( b) the preparation of written work procedures and codes of practice for the implementation of health and safety work practices, required by this Act, the regulations or by any order made in accordance with this Act;
( c) the identification of the types of work for which the work procedures are required at the places of employment of the employer;
( d) a hazard identification system that includes
( i) evaluation of the place of employment to identify potential hazards,
( ii) procedures and schedules for inspections, and
( iii) procedures for ensuring the reporting of hazards, prompt follow-up and control of the hazards;
( e) a system for the prompt investigation of hazardous occurrences to determine their causes and the actions needed to prevent recurrences;
( f) a record management system that includes reports of employee training, accident statistics, work procedures and health and safety inspections, maintenance, follow-up and investigations; and
( g) monitoring the implementation and effectiveness of the program.
8.1( 2) The employer shall review its health and safety program at least once each year, in consultation with the committee or the health and safety representative, and shall update the program as required.
8.1( 3) The employer shall make a copy of the program and all records available
( a) to the committee or the health and safety representative, and
( b) on request, to an employee at the place of employment or the Commission.
Orientation and training for employees
8.2( 1) For the purposes of this section, “new employee” means an employee who is
( a) new to a position or place of employment,
( b) returning to a position or place of employment in which the hazards have changed during the employee’s absence,
( c) under 25 years of age and returning to a position or place of employment after an absence of more than six months, or
( d) affected by a change in the hazards of a position or place of employment.
8.2( 2) The employer shall ensure that a new employee receives orientation and training specific to the new employee’s position and place of employment before the new employee begins work.
8.2( 3) Despite subsection (2), if the employer is satisfied, based on written documentation, that the new employee has satisfactory training from a previous employer or third party, the employer may provide orientation only.
8.2( 4) The orientation for a new employee shall include the following:
( a) the name and contact information of the new employee’s supervisor;
( b) the contact information of the committee or the health and safety representative;
( c) the new employee’s rights, liabilities and duties under this Act and the regulations, including reporting requirements and the right to refuse to perform an act under section 19;
( d) the health and safety procedures and codes of practice related to the new employee’s job tasks;
( e) the location of first aid facilities and how to obtain first aid;
( f) the procedures related to the reporting of illnesses and injuries;
( g) the procedures related to emergencies; and
( h) the use of personal protective equipment, if applicable.
8.2( 5) The employer shall keep records of the orientation and training of new employees for at least three years.
4 Subsection 9(2) of the Act is amended
( a) by repealing paragraph (c) and substituting the following:
( c) provide the information that is necessary to ensure an employee’s health and safety;
( b) by adding after paragraph (c) the following:
( c.1) provide the instruction that is necessary to ensure an employee’s health and safety;
( c.2) provide the training that is necessary to ensure an employee’s health and safety;
( c.3) provide the supervision that is necessary to ensure an employee’s health and safety;
5 The Act is amended by adding after section 33 the following:
Report to officer
33.1( 1) If an officer makes an order, the officer may require that the employer submit a written report to him or her outlining the employer’s compliance with the order.
33.1( 2) The written report shall be made within the time period given by the officer.
33.1( 3) The written report shall be signed by the employer and a member of the committee or the health and safety representative.
6 Section 43 of the Act is amended
( a) by repealing subsection (1) and substituting the following:
Notice to Commission
43( 1) The employer shall notify the Commission immediately if an employee suffers an injury resulting in
( a) a loss of consciousness,
( b) an amputation,
( c) a fracture other than a fracture to fingers or toes,
( d) a burn that requires medical attention,
( e) a loss of vision in one or both eyes,
( f) a deep laceration,
( g) admission to a hospital facility as an in-patient, or
( h) death.
( b) by repealing subsection (4) and substituting the following:
43( 4) The employer shall notify the Commission immediately if
( a) 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, or
( b) a catastrophic event or a catastrophic equipment failure occurs at a place of employment that results, or could have resulted, in an injury.
7 This Act comes into force on June 1, 2014.