January 31, 2012

New Brunswick to review health and safety violation fines

SAINT JOHN, N.B.

New Brunswick’s health and safety authority is conducting a stakeholder consultation to see if a demerit system would help enforce employers’ compliance with regulations.

Currently, WorkSafeNB encourages compliance through education and incentives, and also enforces compliance through penalties under the Occupational Health and Safety (OHS) Act.

However, the legal process can be lengthy, costly, and historically fines have been low.

From 2006 to 2010, the average fine issued to employers for OHS Act violations was $3,200 – much lower than the $250,000 maximum under legislation.

With a demerit system, violators or those failing to comply with the OHS Act would receive fines up to $250,000 per day.

While WorkSafeNB can impose compliance or stop-work orders on employers, once the inciting event has been corrected, the order is lifted with no repercussions for subsequent violations.

WorkSafeNB adopted demerits effective in 2006, but the Board of Directors suspended the policy in 2009 until there was stakeholder consultation.

While the demerit policy was in effect, 11 employers in New Brunswick were issued a demerit, for a total of $83,773.15.

Employers appealed two of the demerit decisions. The Appeals Tribunal accepted the appeals, stating that the existing legislation used as the foundation for the demerits policy was not a sufficient basis to establish a demerit system.

WorkSafeNB pointed to other occupational health and safety penalties across Canada, including: if the violation is not fixed after a warning, Yukon issues an immediate $250 penalty.

The penalty then doubles for every week of non-compliance, until it is fixed or stronger penalties are needed.

British Columbia has two types of penalties, depending on severity of the risk of accidents, varying from $1,000 to $75,000, with discretion to adjust by 30 per cent if needed.

WorkSafeNB is looking for feedback from organizations. The deadline is Feb. 29.

DCN NEWS SERVICES

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