WorkSafeNB

General Overview

WorkSafeNB is a Crown corporation – meaning they are structured like a corporation and are fully owned by the Government of New Brunswick. They are charged with overseeing the implementation and application of four laws:

The General Regulation 91-191 under the Occupational Health and Safety Act contains rules on what an employer needs to have in place for a workplace free of harassment. See section Code of practice – harassment starting at section 374.4(1) for more details.

You can learn more about the Acts and Regulations here: WorkSafeNB | Acts and Regulations

What does WorkSafeNB Do?

WorkSafeNB’s mandate includes promoting healthy and safe workplaces for New Brunswick’s workers and employers. WorkSafeNB’s main goal is to prevent workplace injuries and occupational disease. “Workplace injury” includes psychological injuries that result from trauma experienced at work.  If you are sexually harassed or assaulted at work and experience trauma as a result, please review the application process as you may qualify for WorkSafeNB’s services.

WorkSafeNB also provides rehabilitation services and compensation benefits when workplace related injuries do occur. 

You can see their About Us page to learn more about WorkSafeNB.

Regulation 91-191 of the OHS Act contains rules that say employers must address workplace violence and harassment. See PART XXII.I VIOLENCE AND HARASSMENT Codes of Practice.

WorkSafeNB’s role in workplace violence and harassment

The following resources will help you understand what your workplace needs to know to comply with the regulation and when WorkSafeNB might become involved:

WorkSafeNB’s Guide to Occupational Health and Safety Legislation also offers resources and information including employee, supervisor and employer responsibilities on the following topics:

Application and process for Worker’s Compensation Benefits

If you experience physical injury or psychological trauma as a result of  sexual harassment or assault at work, you may apply for workers’ compensation benefits to determine if you qualify for benefits.

To be eligible for workers’ compensation payments, you must work for an employer insured under WorkSafeNB and experience a work-related injury or illness. A WorkSafeNB employee will review information provided to them before deciding your eligibility. If you are unsure, you can still submit an Application for Workers’ Compensation Benefits.

If you are hurt on the job, physically or psychologically, WorkSafeNB has processes to apply for help with your recovery, rehabilitation and safe return to work. WorkSafeNB is responsible for ensuring that injured workers get the medical aid they need for the treatment of work-related injuries and provide financial benefits to help protect you and your family from the economic impact of a workplace injury.  To learn more about what to do when you’re injured at work, please click here: WorkSafeNB | Hurt at work? Start the claim process.

If WorkSafeNB Accepts Your Claim:

If WorkSafeNB accepts your claim, you become eligible for benefits and services designed to help you recover from your workplace injury or illness. These benefits include rehabilitation and treatment to help you stay at work or return to work, and benefits to help protect you and your family from the financial impact of a workplace injury. WorkSafeNB will work with you, your employer and your health care provider to ensure you receive benefits and services you need to recover from your workplace injury. To learn more about benefits, please click here: WorkSafeNB | About your benefits

If WorkSafeNB Does Not Accept Your Claim:

The Decision Review Office’s purpose is to review WorkSafeNB decisions if you disagree with their decision about your application.  To learn more about the Decision Review office and appeal process, please click here: WorkSafeNB | Review and Appeal

If, after they review your application, you also disagree with the Decision Review Office’s decision, you may then file an appeal with the Worker’s Compensation Appeals Tribunal. The Worker’s Advocate is able to assist you free of charge with every step of the appeal process, from filing to the hearing of your appeal process. To find an advocate, you may also call 1-844-530-0282.

If you are worried about how your employer will treat you if you file a complaint, there are options. For example, the New Brunswick Occupational Health and Safety Act allows employees to file complaints with WorkSafe NB if their employer has retaliated against them for filing a complaint. For more information, see this handout:

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If you require legal advice or are concerned about a workplace sexual harassment situation, please call a lawyer. 

workplace sexual harassment

Be Aware

All employees, volunteers, students, etc. should be aware of the existence of a respectful anti-sexual harassment policy and the steps in place for resolving complaints. Employers, businesses and institutions not only have legal duties to provide an environment free of sexual harassment, but ignoring these duties could cause permanent damage to reputation and the bottom line.