The health and safety of our clients and staff has always been and will continue to be WorkSafeNB’s priority.

We understand the widespread and valid concern of New Brunswickers as we face the global pandemic of COVID-19. We all have a role to play in stopping the spread of infection. As a workplace, WorkSafeNB has precautionary measures in place at all our offices and our rehabilitation centre to protect our staff and visitors and ensure the continuity of critical services. We remind employers of their own obligations to do the same and recommend implementing an infection prevention and control plan.

The following simple measures can significantly help limit the spread of infection:

Practice social distancing as much as possible

Wash your hands frequently with soap and water for at least 20 seconds

Cough or sneeze into a tissue or the elbow and wash hands afterward. If you use a tissue, throw it away.

Avoid touching your eyes, nose, or mouth with unwashed hands

Clean high-touch surfaces thoroughly and often

Health, Safety and the Coronavirus

Good workplace hygiene practices can also be important in controlling the spread of respiratory viruses in the workplace.

Clean surfaces that are frequently touched with hands often.

Clean shared workstations and equipment.

If possible, discourage workers from sharing phones, desks, offices or other work tools and equipment.

When possible, encourage workers to work from home.

New Brunswick’s Occupational Health and Safety (OHS) Act includes a provision that can apply when a respiratory virus is present in the workplace. Some of these are included below:

General

Employers, supervisors and employees have general responsibilities under the OHS Act.

Employer: Employers must take every reasonable precaution to ensure their employees’ health and safety.

Employers must take every reasonable precaution to ensure their employees’ health and safety. Supervisor: Supervisors must take every reasonable precaution to ensure the health and safety of the employees who work under their supervision and direction.

Supervisors must take every reasonable precaution to ensure the health and safety of the employees who work under their supervision and direction. Employee: Employees must conduct themselves to ensure their own health and safety and that of others at, in or near their employment.

The Right to Refuse

Workers in New Brunswick have the right to refuse work if they believe it presents an unsafe situation. When this happens, employers need to consider the work refusal on a case-by-case basis, depending on the situation. The same principles apply for managing workplace health and safety and work refusals during a pandemic as they do during normal conditions. The key steps are:

Supervisor must be told what is unsafe about the work. The OHS Act requires that the supervisor responds to the employee’s concerns, and, if in agreement, take corrective action(s) to resolve the matter. If the supervisor disagrees with the employee, they should explain why. If the employee is not satisfied with the supervisor’s action(s) and the workplace has a joint health and safety commitee (JHSC), the JHSC must be advised of the employee’s concerns. The JHSC must investigate on the employee’s behalf and provide a decision on their findings; if they agree with the employee, they must make recommendations to the employer to take corrective measures to remedy the unsafe situation. If unsatisfied with the JHSC’s action(s) or if there is no JHSC, the employee must contact a WorkSafeNB health safety officer who is responsible to investigate. If the officer agrees with the employee, the officer will issue order(s) to rectify the matter; if the officer disagrees with the employee, the officer will advise that the worker return to work. An employee who disagrees with the officer’s decision may appeal to WorkSafeNB’s chief compliance officer. The employer has the right to temporarily reassign an employee who has refused unsafe work to perform other work. An employer may also assign another employee to perform the work, but only after advising the other employee of the work refusal and reasons. If another employee accepts to carry out the work, WorkSafeNB considers the work refusal concluded. Any ongoing concerns can be reported to WorkSafeNB. At all times during a work refusal process, employees are strongly encouraged to document their concerns regarding the dangerous situation or condition, persons they have spoken to, and the outcome of any conversations.

See Policy 24-015 Right to Refuse During Pandemics

See the safety topic Three Rights

Workers’ Compensation

Workers’ compensation is available for a work-related injury or illness and is not provided for workers who withdraw from work for preventive reasons.

Claims submitted for a COVID-19 virus infection contracted through a work-related exposure are adjudicated on a case-by-case basis. For a claim to be accepted, evidence must show that the infection arose out of and in the course of employment and the risk of contracting the disease through the employment is greater than the risk associated with contracting it through day to day living.

Learn more about the application of benefits or how to complete a Form 67.

See Policy 21-109 Conditions for Entitlement – Infectious Diseases

Stay Informed

The COVID-19 situation is changing quickly so it is important to stay up-to-date on information. For more on COVID-19, we recommend consulting the following websites regularly:

Public Health – New Brunswick

Public Health – New Brunswick – Infographic (prepared by the New Brunswick Chief Medical Officer of Health and updated as the situation continues to evolve)

Public Health Agency of Canada

Government of Canada – COVID-19 Awareness Resources

Like this: Like Loading...