Safety In The Work Place
The Workplace Health, Safety and Compensation Commission of New Brunswick (WHSCC) is an amalgamation of the former Workers’ Compensation Board and the Occupational Health and Safety Commission.
The WHSCC is dedicated to the promotion of a safe and healthy work environment and the provision of services to workplaces, employers and the injured workers of New Brunswick.
New Brunswick law protects employers’ and employees’ rights under the following three pieces of legislation.
The Workplace Health, Safety and Compensation Commission Act
The Occupational Health and Safety (OHS) Act
The Workers’ Compensation Act
Under the Occupational Health and Safety (OHS) Act, both workers and employers are responsible for identifying workplace hazards and resolving health and safety issues. When workplace disputes cannot be resolved by labour or management, or legislated minimum standards are not met, WHSCC staff can help.
Compensation and Rehabilitation Services
When claims are made for workplace injuries, occupational diseases and fatalities, WHSCC administers payments of health care benefits, wage loss, pensions, funeral costs and support for dependants.
Every year, employers must provide the Commission with an estimate of their payroll. This information is used to establish annual assessment rates for all employers. The assessments collected are the Commission’s source of revenue; they are used to fund the WHSCC’s prevention and health and safety initiatives, as well as its compensation and rehabilitation activities.
Definition of accident
An accident is an unplanned event which results in interruptions of the orderly flow of the job and which results in property damage and/or injury or ill health to people.
Definition of injury
An injury is damage to the body that restricts activity and/or causes hurt, as a result of action or inaction.
Definition of incident
An incident is an event which could result in harm or damage (from a safety perspective). An incident is similar to an accident, however an incident does not result in damage, harm or loss. An incident is often called a near miss. Incidents are just as important to recognize, as they are potential accidents.
Definition of safety
Safety is the quality or state of being safe; freedom from harm or danger. Safety is the collaboration between stakeholders on the identification, prioritizing, management of risks to people, property and process.
How do accidents happen?
There are many factors which lead to an accident, therefore there are many opportunities for the accident to be prevented. The following diagram and explanation represents only one model of many.

What are the effects of accidents?
It is only natural that when an accident happens, attention and concern is focused on the injuries to the person/people involved. An accident can affect a person in varying degrees, for varying lengths of time. For instance, a cut finger may heal and be forgotten after a week, whereas an injured back may disrupt a person’s daily routine for years. Some people do not realize that a workplace injury effects a person’s quality of life. Family life, recreational activities and financial comfort can all be negatively impacted by injury. The injured employees self-esteem may even be diminished as they become frustrated with their reduced role.
Along with the impact an injury may have on the individual, the family and activities on and off the job, a workplace accident can result in many hidden damages and costs.
WE ALL HAVE RIGHTS AND RESPONSIBILITIES
Definition of employee
a) a person employed at a place of employment, or
b) a person at a place of employment for any purpose in connection to the place of employment.
Definition of employer
a) a person who employs one or more employees,
b) a manager, superintendent, supervisor or any person having authority over another, or
c) an agent of any person referred to in (a) or (b).
What are my rights as an employee?
No matter what job responsibilities a worker may have, all workers have the following three fundamental rights.
1. Right to know
All employees have a right to receive the training needed to do the job safely. All employees, new, transferred or experienced, should be made aware of:
• workplace hazards
• safe work procedures
• emergency procedures
If at any time employees are unsure about task they have to complete on the job and/or are concerned about personal safety or the safety of others, they should talk to their supervisor about receiving additional on-the-job training.
2. Right to participate
All employees have a right to participate in solving health and safety problems and in the identification and control of workplace hazards. In workplaces with 20 or more employees, joint health and safety committees (JHSC) are formed to address health and safety concerns. It is a good idea for employees to know who the workplace JHSC representative(s) are in case they have a question or concern
related to workplace health or safety.
3. Right to refuse dangerous work
All workers have a right to refuse work they believe is dangerous to their health or safety, or to that of others. If workers are unsure about their safety at work, they should use the following steps.
STEP 1: report the safety concern to the supervisor. If the problem is resolved, return to work. If not, then...
STEP 2: report the matter to the joint health and safety committee or to the safety representative. If still not resolved, then…
STEP 3: call the WHSCC and explain the situation. Return to work only when the situation is no longer dangerous.
* In all cases, stay at work until your shift is finished.
What should an employee expect from the employer?
Under the Occupational Health and Safety Act, the employer must:
1. take reasonable health and safety precautions in the workplace;
2. comply with the OHS Act;
3. ensure employees comply with the OHS Act;
4. maintain equipment in good working order;
5. advise workers of all workplace hazards;
6. provide appropriate health and safety training and on the job supervision of employees;
7. provide personal protective equipment (not necessarily pay for it but ensure its use and accessibility);
8. co-operate with the joint health and safety committee (JHSC) or safety representative;
9. register with the WHSCC if three or more people are employed on either a part-time or full-time basis, at any time during the year;
10. post a copy of the OHS Act and Regulations in a prominent place where workers can see them;
11. draft and implement policies and procedures which become the safety program in the workplace. If the workplace has 20 or more employees, the company’s safety policy must be submitted to the WHSCC.
What are the responsibilities of employees with respect to health and safety?
All employees must:
1. comply with the OHS Act and Regulations;
2. conduct themselves in a safe manner and not put themselves or others at risk;
3. report any workplace hazards;
4. wear the appropriate personal protective equipment;
5. co-operate with the joint health and safety committee (JHSC) or safety representative;
6. co-operate with the WHSCC and their health and safety officers.
What is meant by due diligence and what does it have to do with safety in the workplace?
In the dictionary, the word due means ‘that should be rendered or given; proper.’ Diligence is defined as ‘persistent application to one’s work or duty; proper care’. In the context of safety, the term due diligence requires that the workplace prepare for those risks which can be foreseen by a reasonably thoughtful person.
It is the employer’s responsibility to develop, implement and document an occupational health and safety program to prevent workplace injury, illness and disease. If employers have good health and safety programs and are attentive to health and safety practices, they are likely to be successful
in avoiding accidents. Should an accident occur, the employer may well be successful in establishing a legal defence: that of due diligence.
What is the standard of due diligence?
Due diligence simply means taking all reasonable care to protect the well-being of employees or co-workers. To meet the standard of due diligence, everyone in the workplace must take reasonable precautions when carrying out their duties and their health and safety responsibilities.
This is the standard of care required to comply with the Occupational Health and Safety Act and Regulations.
What is meant by reasonable care?
The care warranted in a given situation is principally governed by the:
• gravity of potential harm;
• available alternatives;
• likelihood of harm;
• skill required to perform the task;
• extent to which the accused could control the elements of the offence.
Reasonable care implies a sliding scale of caring. The greater the likelihood that an offence may occur, and the more serious the offence should it occur, the more stringent the system for monitoring and controlling the risks.
What types of hazards exist?
1. Chemical hazards
Examples of chemical hazards include:
• liquids (office supplies, cleaning products, paints, acids);
• vapours and fumes;
• gases (oxygen, propane, carbon monoxide);
• flammable, combustible and explosive materials.
• Chemical hazards can enter the body through inhalation, ingestion, absorption, or injection.
2. Physical hazards
Examples of physical hazards include:
• machinery (exposure to moving parts);
• electricity;
• vibration;
• noise;
• temperature (heat and cold);
• dust;
• fibres;
• radiation.
3. Biological hazards
• A biological agent is any living substance that can cause illness or disease.
• Bacteria, moulds, mildew, fungus and viruses are examples of biological agents.
• Biological hazards are in workplace settings which involve food or food preparation, animals (e.g. animal bites), plants (e.g. poisonous plants), sewage or sanitation.
• They can also be found in hospitals or childcare settings and with improperly stored medical waste.
4. Ergonomic hazards
• Ergonomics is defined as fitting the task to the worker.
• The ergonomics of a workplace can have a significant impact on one’s physical well-being.
• To alleviate stresses and possibilities for error, consider the lighting, workstation layout, video display, impact of shift work, controls, physical task demands and many other factors.
What is personal protective equipment or PPE?
PPE is equipment worn to minimize exposure to hazards by acting as a barrier and shielding a person from potential hazards. A hazard cannot be reduced by PPE, but the risk of injury can.
There are many different types of PPE, some specific for the workplace, others for leisure
activities, but all share the common goal of protecting various parts of the body. Proper
safety clothing for work should be worn from head to toe.
Examples of PPE: respirator, mask, gloves, fall protection, protective clothing, hard hat,
eye wear, hearing and foot protection. Check to ensure that the PPE has CSA (Canadian Standards Association) approval.
What type of warning signs and symbols exist to help people recognize hazards?
Symbols are often used on products to help identify potential hazards. These pictograms are easily recognizable and when combined with a training program, can provide important safety information, no matter what the literacy level or language preference of the user. The Workplace Hazardous Materials Information System (WHMIS) requires specific symbols be included on product labels for hazardous materials in the workplace. Consumer restricted product symbols are found on products used at home. The goal of all safety labels is to reduce the risk of injuries or exposure to health hazards and to provide basic first-aid instructions in case of emergency. Although the symbols may differ between the workplace and home, it is important to recognize all safety labels as warnings and to understand
that caution is needed.
What kind of information is on consumer product labels?
Hazardous products found around the home (e.g. aerosols, bleaches, adhesives) have warning symbols on their labels. These hazard symbols
all have a specific shape which indicates the degree of risk and a pictogram which indicates the kind of risk.





