Jurisdiction Pack - New Brunswick

This is the New Brunswick pack of Part 10: this preface, followed by the New Brunswick section of every topic page listed in the 00 Jurisdiction Index. The sections are generated from the topic pages, so the pack and the topic pages always say the same thing, and both state the law as researched to 2026-10-23. It is general information, not legal advice: check every requirement against the official consolidation before you rely on it.

A New Brunswick fire department works under the Occupational Health and Safety Act and General Regulation 91-191, whose Part VII.1 sets equipment rules for firefighters (Occupational Health and Safety Act [NB], 1983; General Regulation: Occupational Health and Safety Act [NB], 2026, ss. 51.1-51.96). The Workplace Health, Safety and Compensation Commission, operating as WorkSafeNB, enforces both and also administers compensation. Serious injuries and incidents are notified immediately by phone to 1-800-999-9775; the page does not say whether the line is staffed around the clock (WorkSafeNB, n.d.-d). The Fire Prevention Act makes the fire marshal responsible for enforcing fire laws, including non-fire rescue by fire departments, for setting the content of firefighter training and for fire records, and lets the fire marshal appoint fire chiefs as local assistants; local governments provide fire services under the Local Governance Act, and in rural districts the Minister provides them (Fire Prevention Act [NB], 1973, ss. 4, 6; Local Governance Act [NB], 2017, ss. 6, 10, 176.41, 186). Firefighter compensation runs under its own statute alongside the Workers’ Compensation Act (Firefighters’ Compensation Act [NB], 2009; Workers’ Compensation Act [NB], 1973).

• A firefighter equipment Part on 1990s editions. Part VII.1 prevails over other Parts where they conflict and requires helmets, boots, gloves and coats and trousers to meet or exceed NFPA editions from 1991 to 1993 (or the listed CSA and CGSB alternatives), positive-pressure SCBA to NFPA 1981 (1992) with a hood, breathing air to CAN3-Z180.1-M85, PASS to NFPA 1982 (1993), ropes and harnesses to NFPA 1983 (1995) with any used harness removed from service and inspected, ground ladders to NFPA 1931 and 1932 (1994), aerial devices to NFPA 1904 or ULC S515 or an engineer’s certification, two portable hand lights on every truck, and no jewellery during structural fire-fighting (General Regulation: Occupational Health and Safety Act [NB], 2026, ss. 51.1-51.96). Treat the editions as a floor and buy to current ones.
• A statutory buddy rule. A firefighter in SCBA must be accompanied by another firefighter similarly equipped and with the same air capacity; the regulation has no rapid intervention team, incident command or accountability rule (General Regulation: Occupational Health and Safety Act [NB], 2026, s. 51.6(2)).
• Exemptions turn on “structural fire-fighting”, not on being a firefighter. Fall protection, the noise rules (except for the operator of structural fire-fighting apparatus), confined space, indoor air quality and some ladder rules are lifted only during structural fire-fighting or, for confined space, ladders and the fall protection order of precedence, structural fire-fighting or rescue (General Regulation: Occupational Health and Safety Act [NB], 2026, ss. 18(3), 33.1, 49(6)(b), 50(5), 125(4), 262.1). Excavation has no exemption at all.
• No firefighter carve-out from the right to refuse. An employee may refuse an act likely to endanger health or safety, and the process runs through the supervisor, the committee and an officer, with pay protected (Occupational Health and Safety Act [NB], 1983, ss. 19-23).
• Every fire department needs a violence code of practice. A fire department is an emergency service provider, so the written violence code of practice is required whatever the department’s size; a harassment code of practice is required of every employer; both carry training and an annual review (General Regulation: Occupational Health and Safety Act [NB], 2026, ss. 374.2(4), 374.4, 374.7-374.8).
• The committee has equal sides and no reply clock. At 20 or more employees regularly employed at a place of employment the committee has equal employer and employee representation, meets monthly, keeps minutes on the approved form for three years and posts them; designated members complete an educational program of at least three days within 12 months, on paid time; the Act sets no deadline for the employer’s answer to a recommendation (Occupational Health and Safety Act [NB], 1983, ss. 14-14.1; Training and Designated Trades Regulation: Occupational Health and Safety Act [NB], 2024, ss. 2-4). A representative is needed at five to 19 employees only where the safety policy provides for one or the Commission requires it (s. 17).
• Policy, program and monthly inspection. At 20 or more employees in the province the employer needs a written safety policy and a written program with seven elements, reviewed at least once a year, and every employer, whatever its size, must have each place of employment inspected at least monthly under a program developed with the committee or representative (Occupational Health and Safety Act [NB], 1983, ss. 8-8.1, 9(2)(a.1), 9(3)).
• Officers are separate duty-holders, with their own penalty tier. Supervisors carry their own duties since 2019, and administrative penalties run $500, $1,000 and $2,000 for employers, $250, $500 and $1,000 for supervisors and $100, $200 and $500 for employees (Occupational Health and Safety Act [NB], 1983, ss. 9.1, 36.1-36.4).
• Reporting runs on three tracks. WorkSafeNB is notified immediately of listed serious injuries and of any accidental explosion or exposure, or catastrophic event or catastrophic equipment failure that did or could cause injury, whether or not anyone is hurt; vehicle accidents on a public road are outside this duty (Occupational Health and Safety Act [NB], 1983, s. 43). The employer’s injury report is due within three days (Workers’ Compensation Act [NB], 1973, s. 44(4.1)). The fire chief reports every call to the fire marshal within 14 days and a fire or explosion with serious injury or death within 24 hours (Fire Prevention Act [NB], 1973, s. 7.1).
• Respiratory and hearing programs are now explicit. A respiratory protective equipment code of practice to CSA Z94.4-11 (R2016) is needed wherever respirators are required, and since 2024 a hearing conservation code of practice, reviewed yearly, with audiometric tests within six months and then at least every 24 months, applies where noise limits are exceeded (General Regulation: Occupational Health and Safety Act [NB], 2026, ss. 29-29.3, 45).
• Narrow presumptions. Ten cancers with long service minimums and no breast, prostate, skin, myeloma or mesothelioma; a heart attack within 24 hours after attending an emergency response scene; and a PTSD presumption for emergency response workers that includes volunteers; gradual-onset stress is not compensable (Firefighters’ Compensation Act [NB], 2009, s. 5; General Regulation: Firefighters’ Compensation Act [NB], 2025, Sch. A; Workers’ Compensation Act [NB], 1973, ss. 1, 7.1). WorkSafeNB consulted in 2024 on merging the two compensation statutes and expanding the cancer list; the list was unchanged at the 2025 consolidation, and a review of both statutes is reported to be under way.
• Roadway and driving rules have no fire exemptions. Any employee exposed to traffic wears CSA Z96-15 apparel; emergency privileges apply only when responding, never when returning, with a siren and a flashing red light; drivers slow to half the posted limit past a stopped emergency vehicle showing a flashing red light; volunteers have no courtesy light; and apparatus with three or more axles need a Class 3 licence, and any with air brakes the air brake endorsement (General Regulation: Occupational Health and Safety Act [NB], 2026, s. 91(2); Motor Vehicle Act [NB], 1973, ss. 110, 168.1; General Regulation: Motor Vehicle Act [NB], 2026, ss. 22-24). Certification is voluntary (Government of New Brunswick, n.d.-b).

1. Treating the structural fire-fighting exemptions as firefighter exemptions. Rope, ice and water rescue, roof work at non-fire calls, station maintenance and training all trigger the 3 m rule, the written rescue procedure and the training record (General Regulation: Occupational Health and Safety Act [NB], 2026, ss. 49, 49.2, 50.3); WorkSafeNB treats as structural fire-fighting only the training evolutions that simulate an emergency to teach alternative methods of protection. Fix: fall protection procedures for every activity outside structural fire-fighting, with training reviewed yearly with the committee. See J16 Fall Protection and Rope Access.
2. Trench rescue without engineered protection. Excavation has no firefighter exemption, and shoring, bracing or cages must be certified by an engineer (General Regulation: Occupational Health and Safety Act [NB], 2026, s. 181). Fix: an engineer arrangement and spoil and ladder controls in the trench procedure. See J18 Excavation and Trench.
3. No violence code of practice in a small department. It is required regardless of size for an emergency service provider (General Regulation: Occupational Health and Safety Act [NB], 2026, s. 374.2(4)). Fix: a violence risk assessment and written code of practice, reviewed yearly with the committee or members. See J26 Workplace Violence.
4. Not reporting an SCBA failure or a collapse because nobody was hurt. A catastrophic event or catastrophic equipment failure that could have caused injury is reportable, and an SCBA failure or a collapse near crews appears to qualify (Occupational Health and Safety Act [NB], 1983, s. 43(4)). Fix: include fireground near misses in the reporting decision table. See J08 Incident Reporting and Investigation.
5. Treating the regulation’s editions as the purchasing target. The test is “meets or exceeds” (General Regulation: Occupational Health and Safety Act [NB], 2026, ss. 51.2-51.6). Fix: buy to current consolidated NFPA editions and record the equivalence. See J13 Firefighter PPE and Protective Equipment.
6. Guessing whether volunteers count toward the 20-employee committee threshold. The Act’s employee definition is broad but silent on headcount (Occupational Health and Safety Act [NB], 1983, s. 1). Fix: get WorkSafeNB’s position in writing. See J05 Joint Committee and Health and Safety Representative.
7. No monthly workplace inspection. It is a statutory duty of every employer, under a program developed with the committee or representative (Occupational Health and Safety Act [NB], 1983, s. 9(2)(a.1), (3)). Fix: a monthly inspection schedule for every station, with reports and follow-up. See J04 Hazard Assessment and Workplace Inspections.
8. Warning lights on members’ own vehicles. No volunteer courtesy light exists; flashing green is reserved for emergency measures personnel (Motor Vehicle Act [NB], 1973, s. 225(3.2)). Fix: personal vehicle response under ordinary traffic law. See J30 Emergency Vehicles, Drivers and Licensing.
9. No first aid provision at the station because the regulation excludes vehicles. The exclusion covers vehicles only (First Aid Regulation: Occupational Health and Safety Act [NB], 2023, s. 3). Fix: Schedule A first aid providers and CSA Z1220 kits at every station. See J24 First Aid.
10. Exposure and service records kept only for the three-year training-record minimum. The presumptions need between five and 25 years of service with regular fire-scene exposure (Firefighters’ Compensation Act [NB], 2009, s. 5). Fix: keep exposure reports, decontamination logs and service histories for the long term. See J09 Records Retention and J32 Workers' Compensation and Firefighter Presumptions.

Each row is a legal obligation, so it belongs in Stage 1; a row for a specialty service applies only where the department provides that service. The topic page gives the detail.

The chapters of this book are written once for every Canadian fire department: where a requirement comes from provincial law, a chapter states it generically and links the topic page that holds each jurisdiction’s version. This pack collects New Brunswick’s section from every one of those topic pages, so a New Brunswick department can read its whole legal layer in one place and use the checklist above as the legal overlay for its gap assessment and audit. Adopt nothing from this pack without checking the official text of the statute or regulation and taking the advice of your own counsel.

Each section below is copied from the topic page it names; the topic page also shows every other jurisdiction for comparison.

Law. Occupational Health and Safety Act, S.N.B. 1983, c. O-0.2 (Occupational Health and Safety Act [NB], 1983); General Regulation 91-191, including Part VII.1 on firefighter equipment (General Regulation: Occupational Health and Safety Act [NB], 2026, Part VII.1). The regulator is the Workplace Health, Safety and Compensation Commission, operating as WorkSafeNB (Occupational Health and Safety Act [NB], 1983, ss. 1, 5).

What must be covered.

• Reporting line. “Immediate notification can be made by calling 1 800 999-9775” (WorkSafeNB, n.d.-d). The page does not say the line is staffed 24 hours a day. There is no online channel for immediate notice.
• Posting. Committee members’ names and the most recent minutes (Occupational Health and Safety Act [NB], 1983, s. 14(9)); copies of officers’ orders (s. 36).
• Orders. Officers give orders orally or in writing, confirmed in writing before leaving (s. 31), and may order work suspended, the source of danger guarded or controlled, or equipment taken out of use (s. 32).
• Appeal. To the Chief Compliance Officer within 14 days of service of an order or a notice of administrative penalty (s. 37(1), (1.01)); the appeal does not suspend the order unless the Chief Compliance Officer orders it (s. 37(2)); a further appeal lies to the Workers’ Compensation Appeals Tribunal (s. 37(2.1)).
• Administrative penalties. Employer, contracting employer, contractor, subcontractor or supplier: $500, $1,000 and $2,000 for a first, second and third or later penalty; supervisor or owner: $250, $500, $1,000; employee: $100, $200, $500; the count resets after 3 years without a penalty (s. 36.3). A person cannot be both penalized and charged for the same contravention (s. 36.2).
• Offences. Up to $250,000 or 6 months, or both, each day a separate offence; creative-sentencing payments within the $250,000 cap; convictions published (ss. 47, 47.01, 47.02, 47.3). Prosecution within 2 years of the later of the offence and the Commission’s awareness (s. 48). Corporate officers and directors who direct or acquiesce are parties (s. 49).
• Due diligence. No express statutory defence; duties are framed as “every reasonable precaution”.

Fire-service nuance.

• The supervisor tier of administrative penalties reaches captains and lieutenants personally; see J02 Duties of Employers, Supervisors, Workers and Contractors.
• In rural districts the Minister provides fire protection, so the OHS employer of a rural brigade should be identified in writing; see J11 Volunteer Firefighters.

Status. Partly verified: the Act (to 2024-06-07) and regulation (to 2026-06-30) were read in the official consolidations, and the reporting page on 2026-10-23. Whether the line is staffed around the clock was not stated.

Law. Occupational Health and Safety Act, ss. 9 to 13 (Occupational Health and Safety Act [NB], 1983, ss. 9-13).

What must be covered.

• Employer. “Take every reasonable precaution to ensure the health and safety of its employees”, comply, and ensure employees comply (s. 9(1)). Specific duties: systems of work, tools and equipment in good condition; inspect the place of employment at least once a month; acquaint employees with hazards; provide the necessary information, instruction and training; ensure work is competently and sufficiently supervised and that supervisors know the Act, regulations, safety policy, program, procedures and protective equipment for the work they supervise; provide and maintain required protective equipment and ensure its use; co-operate with the committee (s. 9(2)).
• Supervisor: a separate duty-holder since 2019. Take every reasonable precaution for the employees under their supervision and direction; comply and ensure those employees comply; co-operate with the committee, the representative and the regulator; acquaint employees with hazards; and provide the necessary information and instruction (s. 9.1). The administrative penalty scheme has a supervisor tier; see J01 OHS Legislation, Regulator and Enforcement.
• Employee. Comply; conduct themselves to protect their own and others’ health and safety; report hazards to the employer or supervisor; wear or use required protective equipment; consult and co-operate with the committee; co-operate with the regulator (s. 12).
• Others. Contractors and subcontractors comply and, on project sites they are responsible for, take every reasonable precaution for anyone with access (s. 10); a contracting employer that directs other employers ensures, as far as reasonably practicable, that they comply (s. 10.1); owners take every reasonable precaution for anyone with access to or using the place (s. 11); suppliers take every reasonable precaution that what they supply is reasonably safe and compliant, give directions for safe use and label agents (s. 13).

Fire-service nuance.

• Since 2019 company officers are supervisors with personal duties; officer training should cover s. 9.1 and the monthly inspection duty in s. 9(2)(a.1); see J04 Hazard Assessment and Workplace Inspections.
• “Employee” includes “a person at or in a place of employment for any purpose in connection therewith” (s. 1), so volunteers appear to be covered (interpretation); see J11 Volunteer Firefighters.

Status. Verified against the official consolidation (to 2024-06-07) on 2026-10-23. Section numbers, thresholds and amounts re-checked against the same consolidations on 2026-10-24.

Law. Occupational Health and Safety Act, ss. 8, 8.1 and 17 (Occupational Health and Safety Act [NB], 1983, ss. 8, 8.1, 17).

What must be covered.

• Policy. Every employer with 20 or more employees regularly employed in the Province must establish a written safety policy, in consultation with the employees, setting out the responsibilities of the employer, supervisors and employees, and keep a copy at each place of employment for an officer (s. 8). An employer with 5 to 19 employees regularly employed at a place of employment must also establish a safety policy, which may provide for a health and safety representative (s. 17(1)).
• Program threshold. Every employer with 20 or more employees regularly employed in the Province must establish and implement a written health and safety program, in consultation with the committee or representative (s. 8.1(1)).
• Program elements (s. 8.1(1)). (a) training and supervision; (b) written work procedures and codes of practice required by the Act, regulations or orders; (c) identification of the types of work that need procedures; (d) a hazard identification system with workplace evaluation, inspection procedures and schedules, and hazard reporting and follow-up; (e) prompt investigation of hazardous occurrences; (f) a record system for training, accident statistics, procedures, inspections, maintenance, follow-up and investigations; (g) monitoring implementation and effectiveness.
• Review and copies. Reviewed at least once a year in consultation with the committee or representative, and updated as required; a copy and the records go to the committee or representative, and to an employee or the Commission on request (s. 8.1(2)-(3)).

Fire-service nuance.

• The 20-employee count is province-wide for the employer, so a municipality’s fire department is inside its program; whether volunteers count is not addressed; see J11 Volunteer Firefighters.
• The annual review is one of the shortest cycles in Canada; schedule it with the committee’s annual plan.

Status. Verified against the official consolidation (to 2024-06-07) on 2026-10-23. Section numbers, thresholds and amounts re-checked against the same consolidations on 2026-10-24.

Law. Occupational Health and Safety Act, ss. 8.1(1)(d), 9(2)(a.1), (b), 9(3) and 15 (Occupational Health and Safety Act [NB], 1983).

What must be covered.

• Hazard duty. Where the program is required (20 or more employees), it includes a hazard identification system with evaluation of the place of employment to identify potential hazards, procedures and schedules for inspections, and procedures for reporting, prompt follow-up and control of hazards (s. 8.1(1)(d)). Every employer acquaints employees with the hazards of tools, equipment and agents (s. 9(2)(b)).
• Monthly inspection. Every employer must “ensure that the place of employment is inspected at least once a month to identify any risks to the health and safety of its employees” (s. 9(2)(a.1)), under an inspection program developed with the committee or representative, and must share the results of each inspection with them (s. 9(3)).
• Committee. The committee may participate in the identification and control of hazards and in all inspections, inquiries and investigations (s. 15(b), (j)).

Fire-service nuance.

• The monthly rule applies to each place of employment, so each station needs a monthly inspection record; a volunteer station that meets weekly can fold it into a training night.
• Reg 91-191 Part VII.1 sets equipment rules but no fire-specific hazard assessment; see J12 Fire Service OHS Rules and Fireground Operations.

Status. Verified against the official consolidation (to 2024-06-07) on 2026-10-23. Section numbers, thresholds and amounts re-checked against the same consolidations on 2026-10-24.

Law. Occupational Health and Safety Act, ss. 14 to 17 (Occupational Health and Safety Act [NB], 1983, ss. 14-17); Training and Designated Trades Regulation 2007-33, ss. 2 to 4 (Training and Designated Trades Regulation: Occupational Health and Safety Act [NB], 2024, ss. 2-4).

What must be covered.

• Threshold. A committee for every employer with 20 or more employees regularly employed at a place of employment (Occupational Health and Safety Act [NB], 1983, s. 14(1)). At 5 to 19 employees, a safety policy, which may provide for a representative elected by the employees; the Commission may require a representative where risk or the accident record is high (s. 17).
• Composition. Size agreed between the employer and employees, or set by the Chief Compliance Officer; equal representation from the employer and the employees, each designating its own members, so there is no worker majority; each side elects a co-chair (s. 14(2)-(5)).
• Meetings and minutes. At least once a month (s. 14(6)); the Commission may reduce the frequency where risk is low, or schedule meetings to avoid disruption (s. 16). Minutes on a Commission-approved form (s. 14(8)); members’ names and the most recent minutes posted (s. 14(9)); signed minutes kept 3 years and given to the Commission on request (s. 14(10)). A matter the committee cannot agree on goes to an officer (s. 14(13)).
• Response clock. None found in the Act.
• Functions. Recommend policies on health and safety practices; participate in identifying and controlling hazards; inform employees, supervisors and the employer of hazards; establish and promote education programs; receive, consider and make recommendations on complaints and keep records; obtain hazard information; carry out monitoring where the Commission directs; investigate complaints; “participate in all inspections, inquiries and investigations”, in particular of serious events reportable under s. 43 (s. 15).
• Training and paid time. Each member attends the prescribed educational program, or attends it within 12 months of designation (Occupational Health and Safety Act [NB], 1983, s. 14.1(2)); the program runs over at least three days and leads to a certificate (Training and Designated Trades Regulation: Occupational Health and Safety Act [NB], 2024, ss. 2-4). Members are paid their rate and benefits for training and meeting time (Occupational Health and Safety Act [NB], 1983, s. 14.1(6)).

Fire-service nuance.

• Volunteers. “Employee” includes a person at a place of employment “for any purpose in connection therewith” (s. 1), which appears to include volunteers, but whether they count toward the 20 or can sit on the committee is not addressed; see J11 Volunteer Firefighters.
• The monthly employer inspection program is developed with the committee; see J04 Hazard Assessment and Workplace Inspections.

Status. Verified against the official consolidations (Act to 2024-06-07; Regulation 2007-33 to 2024-05-02) on 2026-10-23. Section numbers, thresholds and amounts re-checked against the same consolidations on 2026-10-24.

Law. Occupational Health and Safety Act, ss. 8.1, 8.2(4)(d), 9(3) and 15(a) (Occupational Health and Safety Act [NB], 1983).

What must be covered.

• General. At 20 or more employees, the program includes “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”, and “the identification of the types of work for which the work procedures are required” (s. 8.1(1)(b)-(c)), with records of work procedures (s. 8.1(1)(f)). New employees are oriented to “the health and safety procedures and codes of practice related to the new employee’s job tasks” (s. 8.2(4)(d)).
• Consultation. The program is established and implemented in consultation with the committee or representative, and reviewed at least once a year in consultation with them (s. 8.1(1)-(2)). The monthly inspection program is developed with the committee (s. 9(3)). The committee may recommend policies on health and safety practices (s. 15(a)).

Fire-service nuance.

• General Regulation 91-191 requires written codes of practice in several Parts that reach fire departments, such as respiratory protection (General Regulation: Occupational Health and Safety Act [NB], 2026, s. 45) and hearing conservation; see J14 Respiratory Protection, Fit Testing and Breathing Air and J23 Noise and Hearing Conservation.

Status. Verified against the official consolidation (to 2024-06-07) on 2026-10-23. Section numbers, thresholds and amounts re-checked against the same consolidations on 2026-10-24.

Law. Occupational Health and Safety Act, ss. 19 to 26 (Occupational Health and Safety Act [NB], 1983, ss. 19-26).

What must be covered.

• The right. “An employee may refuse to do any act where the employee has reasonable grounds for believing that the act is likely to endanger their health or safety or the health or safety of any other employee” (s. 19).
• Steps. The employee reports immediately to the supervisor, who investigates in the employee’s presence. If unresolved, it goes to the committee (or an officer where there is none), then to an officer, who gives written findings and may order remedial action. Meanwhile the employee stays available at a safe place near the work station (s. 20).
• Protection and reassignment. Protection lasts until remedial action is taken or the employee is advised to do the act (s. 21(1)). A replacement must be told of the refusal (s. 21(2)). Temporary reassignment is at the same pay, and pay continues if there is no reassignment (ss. 22-23).
• Reprisal. “Discriminatory action” means any action that adversely affects an employee’s terms or conditions of employment or opportunity for promotion, and includes dismissal, layoff, suspension, demotion, transfer, reduction in wages, change in hours and reprimand (s. 1). It is prohibited (s. 24). The employee may use arbitration under a collective agreement or file a written complaint with the Commission “not later than one year after the violation”; the Commission refers it to an arbitrator it appoints (s. 25), who may order reinstatement, lost wages and removal of records (s. 26). The Act sets no burden of proof.

Fire-service nuance.

• No firefighter carve-out. Sections 19 to 23 and the firefighter Part of General Regulation 91-191 contain no “normal condition of employment” or emergency exception.
• Volunteers. “Employee” includes a person at a place of employment “for any purpose in connection therewith”, which appears to cover volunteers (interpretation; see J11 Volunteer Firefighters). A change in hours, calls or roster status after a refusal fits the definition of discriminatory action.

Status. Verified against the official text on 2026-10-23 (Act consolidated to 2024-06-07).

Law. Occupational Health and Safety Act, ss. 8.1 and 43 (Occupational Health and Safety Act [NB], 1983, ss. 8.1, 43); Workers’ Compensation Act, s. 44 (Workers’ Compensation Act [NB], 1973, s. 44); Fire Prevention Act, ss. 7 and 7.1 (Fire Prevention Act [NB], 1973, ss. 7, 7.1).

What must be covered.

• Serious injuries and deaths, immediately. An injury resulting in loss of consciousness, amputation, a fracture other than to fingers or toes, a burn that requires medical attention, loss of vision in one or both eyes, a deep laceration, in-patient hospital admission, or death (s. 43(1)); the committee or representative is told immediately (s. 43(2)). Notice is by phone to 1 800 999-9775 (WorkSafeNB, n.d.-d).
• Injury or not, immediately. “An accidental explosion or an accidental exposure to a biological, chemical or physical agent … whether or not a person is injured”, and “a catastrophic event or a catastrophic equipment failure … that results, or could have resulted, in an injury” (s. 43(4)). Structural collapse is not named and falls under “catastrophic event”.
• Scene. Where there is serious injury or death, no one may disturb the scene except to attend to the injured or killed, prevent further injury or protect endangered property, unless an officer orders otherwise (s. 43(3)).
• Vehicles. Section 43 “does not apply to a place of employment that is a vehicle if the injury or accident occurs on a public road or highway” (s. 43(5)).
• Investigation. The written program, required at 20 or more employees, must provide for “prompt investigation of hazardous occurrences” and keep investigation records (s. 8.1(1)(e)-(f)). No deadline is set.
• Compensation report. Within three days of the injury, diagnosis or notice, on Form 67 (Workers’ Compensation Act [NB], 1973, s. 44(4.1)).

Fire-service nuance.

• At a fire you are fighting. An SCBA failure, a breached suit at a hazardous materials call or a needlestick fits “accidental exposure” or “catastrophic equipment failure”; ordinary smoke exposure with working PPE is the normal hazard of the work, not an accidental exposure (interpretation; confirm with WorkSafeNB). A collapse onto or beside crews is a catastrophic event that “could have resulted” in injury.
• Fire statute reports. The chief reports every call to the fire marshal within 14 days and any fire or explosion involving serious injury or death within 24 hours (FPA s. 7.1); a local assistant’s investigation report is due within six days (s. 7(3)).
• Apparatus collisions. Outside s. 43 on public roads, but still a Form 67 and an internal investigation.

Status. Verified against the official text on 2026-10-23 (OHS Act consolidated to 2024-06-07; compensation Act to 2025-06-06; Fire Prevention Act to 2023-06-16). Line hours and the fire-scene reading are not confirmed.

Law. Occupational Health and Safety Act, ss. 8.1(1)(f), 8.2(5) and 14(10) (Occupational Health and Safety Act [NB], 1983, ss. 8.1-8.2, 14); General Regulation 91-191, ss. 29.3, 262.01, 298.6 and 305 (General Regulation: Occupational Health and Safety Act [NB], 2026, ss. 29.3, 262.01, 298.6, 305); First Aid Regulation 2004-130, s. 10 (First Aid Regulation: Occupational Health and Safety Act [NB], 2023, s. 10).

What must be covered.

• General duty. The written program, required at 20 or more employees, must include a records system for training, accident statistics, procedures, inspections, maintenance and investigations (s. 8.1(1)(f)).
• Retention periods.
  • Orientation and training records: at least three years (s. 8.2(5)).
  • Committee minutes: three years, produced to the Commission on request (s. 14(10)).
  • Confined space codes of practice and calibration logs: two years (General Regulation: Occupational Health and Safety Act [NB], 2026, s. 262.01(8)).
  • First aid treatment records: three years (First Aid Regulation: Occupational Health and Safety Act [NB], 2023, s. 10(3)).
  • Diver logs: five years (General Regulation: Occupational Health and Safety Act [NB], 2026, s. 305).
  • X-ray worker records: three years after employment ends (s. 298.6).
• Exposure and health records. Hearing test results: for the duration of employment (General Regulation: Occupational Health and Safety Act [NB], 2026, s. 29.3). No rule was found for firefighter exposure or medical records.

Fire-service nuance.

• Three years for training is too short. Training records are evidence of competence and service years for the Firefighters’ Compensation Act presumptions; keep them permanently.

Status. Verified against the official text on 2026-10-23 (Act consolidated to 2024-06-07; Regulation to 2026-06-30; First Aid Regulation to 2023-08-09).

Law. Right to Information and Protection of Privacy Act, s. 1 (Right to Information and Protection of Privacy Act [NB], 2009, s. 1); Personal Health Information Privacy and Access Act, s. 1 (Personal Health Information Privacy and Access Act [NB], 2009, s. 1).

What must be covered.

• Access and privacy. RTIPPA applies to “local public bodies”, which include local government bodies: municipalities, rural districts, rural communities, regional municipalities, regional service commissions and local boards (s. 1).
• Health information. A “custodian” is an individual or organization that “collects, maintains or uses personal health information for the purpose of providing or assisting in the provision of health care or treatment … or delivering a government program or service”, and includes public bodies, health care providers who are not agents or employees of a custodian, the Minister, the provincial ambulance operator and WorkSafeNB (PHIPAA s. 1).

Fire-service nuance.

• Medical first response may make the department a custodian. Because public bodies are named, a municipal department that collects health information to provide care at medical calls may be a custodian for those records (interpretation; confirm with the Ombud).
• Clinicians. Independent physicians and clinics are custodians in their own right.

Status. Partly verified on 2026-10-23 (RTIPPA consolidated to 2025-02-13; PHIPAA to 2024-01-01; definitions read). The department’s custodian status is not settled.

Law. Occupational Health and Safety Act, s. 1 (Occupational Health and Safety Act [NB], 1983, s. 1); General Regulation 91-191, s. 2 (General Regulation: Occupational Health and Safety Act [NB], 2026, s. 2); Workers’ Compensation Act, ss. 1 and 7.1 (Workers’ Compensation Act [NB], 1973, ss. 1, 7.1); Firefighters’ Compensation Act, ss. 1, 4, 5 and 41 (Firefighters’ Compensation Act [NB], 2009, ss. 1, 4-5, 41).

What must be covered.

• OHS status. “Employee” includes “a person at or in a place of employment for any purpose in connection therewith” (s. 1), and a “firefighter” is “an employee who provides fire protection services to the public from a fire department within a local government or rural district” (General Regulation: Occupational Health and Safety Act [NB], 2026, s. 2). On the text, volunteers appear to be employees (interpretation).
• Committee. Whether volunteers count toward the 20 employees “regularly employed” or may sit is not addressed.
• Refusal and reprisal. If volunteers are employees, they have the s. 19 right and protection from discriminatory action, defined to include suspension and a change in hours, with a complaint to the Commission within one year (Occupational Health and Safety Act [NB], 1983, ss. 1, 19, 24-25). Removal from the roster fits that definition (interpretation; see J07 Right to Refuse and Reprisal Protection).
• Compensation. “Worker” includes a member of a municipal volunteer fire brigade whose membership is approved by the chief (Workers’ Compensation Act [NB], 1973, s. 1). Under the Firefighters’ Compensation Act a “firefighter” is a person “employed or serves as a firefighter with a municipality or rural community or who serves as a firefighter with a fire brigade that provides fire protection services in a rural district or in a rural community” (FCA s. 1); a volunteer’s earnings are based on their regular occupation, capped at maximum annual earnings (s. 4). Benefits under that Act are paid only where there is no entitlement under the Workers’ Compensation Act (s. 5(2)).
• Presumptions. A heart attack within 24 hours after attendance at an emergency response scene (FCA s. 5(1)(a)); 10 cancers with minimum service and regular exposure “to the hazards of a fire scene … other than a forest fire scene” (s. 5(1)(b)); post-traumatic stress for an “emergency response worker”, which includes volunteer firefighters (Workers’ Compensation Act [NB], 1973, s. 7.1). There is no participation percentage.
• Job protection. No penalizing a firefighter employed by the municipality or rural community, with reinstatement after at least one year of employment (FCA s. 41); how this applies to volunteers is not settled.

Fire-service nuance.

• Approval matters. Record the chief’s approval of every member’s membership.
• Reform. WorkSafeNB consulted in April 2024 on merging the Firefighters’ Compensation Act into the Workers’ Compensation Act and on expanding the cancer list; no expansion had been made by the regulation’s consolidation of 2025-06-06, and a review of both Acts is reported to be under way; see J32 Workers' Compensation and Firefighter Presumptions.

Status. Partly verified on 2026-10-23 (OHS Act consolidated to 2024-06-07; regulation to 2026-06-30; compensation Acts to 2025-06-06). OHS status and committee counting of volunteers are interpretations.

Law. Occupational Health and Safety Act, s. 9 employer duties (Occupational Health and Safety Act [NB], 1983, s. 9); General Regulation 91-191, Part VII.1 “Equipment for Firefighters”, ss. 51.1 to 51.96, added by N.B. Reg. 97-121 (General Regulation: Occupational Health and Safety Act [NB], 2026, ss. 51.1-51.96).

What must be covered.

• Scope. Part VII.1 prevails over other Parts where they conflict (s. 51.1(2)). A “firefighter” is an employee who provides fire protection services to the public from a fire department within a local government or rural district, and “structural fire-fighting” is rescue, fire suppression and property conservation at fires in buildings, structures, vehicles, vessels, aircraft or other large objects (s. 2).
• SCBA and the buddy rule. Positive-pressure SCBA to NFPA 1981 (1992), with a protective hood, wherever there may be oxygen deficiency or harmful contaminants (s. 51.6(1)); a firefighter in SCBA must be “accompanied by another firefighter similarly equipped and having the same air capacity” (s. 51.6(2)).
• PASS to NFPA 1982 (1993) (s. 51.6(4)); no test interval is set.
• Other equipment rules: helmets, footwear, gloves and coat and trousers (ss. 51.2-51.5), confined-space rescue harness and SCBA (s. 51.7), ropes and harnesses (ss. 51.8-51.9), ground ladders (s. 51.91), aerial devices (s. 51.92), industrial firefighters (s. 51.93), two hand lights per truck (s. 51.95) and no jewellery in structural fire-fighting (s. 51.96); see J13 Firefighter PPE and Protective Equipment and J15 Equipment Inspection, Ladders and Aerial Devices.
• Not in the regulation: a second-out or rescue team, rapid intervention or any time limit; incident command; accountability; rehabilitation; firefighter medicals; driver training. These rest on the general duty to take every reasonable precaution (Occupational Health and Safety Act [NB], 1983, s. 9).

Fire-service nuance.

• Firefighter carve-outs elsewhere in the regulation turn on structural fire-fighting: indoor air quality and the exposure limit duty (s. 18(3)), lighting (ss. 26(3), 27(3)), noise except for the apparatus operator (s. 33.1), fall protection (ss. 49(6)(b), 50(5)), hose routing (s. 84(3)), emergency means of escape (s. 113(2.1)), ladder use (s. 125(4)) and confined space (s. 262.1). Rope, ice and water rescue, training evolutions and station work are not structural fire-fighting.
• Volunteers appear to be “employees” under the broad definition in the Act, but whether they count toward committee thresholds is not stated; see J11 Volunteer Firefighters.
• The editions are from 1991 to 1995. Specify current editions and record why they give equal or better protection.
• No guidance series exists, and WorkSafeNB’s firefighter topic page was offline at the research date. Provincial fire marshal committees were reported in April 2026 to be writing a safety officer curriculum.

Status. Verified against the official text on 2026-10-23 (regulation consolidated to 2026-06-30). The April 2026 committee work is from a secondary source.

Law. Occupational Health and Safety Act, ss. 9 and 12 (Occupational Health and Safety Act [NB], 1983); General Regulation 91-191, Part VII (ss. 38 to 41, 91) and Part VII.1 (ss. 51.2 to 51.96) (General Regulation: Occupational Health and Safety Act [NB], 2026).

What must be covered.

• General duty. The employer maintains tools and equipment in good condition and provides and maintains PPE and ensures its use (Occupational Health and Safety Act [NB], 1983, s. 9(2)(a), (d)); the employee wears it (s. 12(d)). The employer trains workers in use, care and inspection to the manufacturer’s specifications (General Regulation: Occupational Health and Safety Act [NB], 2026, s. 38(1)); the employee tests or visually inspects it before each use, reports defects and does not use defective PPE (s. 38(2)).
• General standards. Eye protection to CSA Z94.3-15 (s. 39); headwear to CSA Z94.1-15 (s. 40); footwear to CSA Z195:14 (R2019) (s. 41), each allowing “a standard offering equivalent (or better) protection”; high visibility to CSA Z96-15 (R2020) (s. 91(2)).
• Firefighter PPE (Part VII.1). Helmets to NFPA 1972 (1992), with attachments only as the manufacturer specifies (s. 51.2); footwear to NFPA 1974 (1992), or CSA Z195-M92 Grade 1 with puncture and electric shock protection, at least 12.7 cm of water resistance and a slip-resistant sole (s. 51.3); gloves to NFPA 1973 (1993) (s. 51.4); coat and trousers to NFPA 1971 (1991) or CGSB CAN155.1-M88, properly fitted (s. 51.5); no jewellery in structural fire-fighting (s. 51.96).
• SCBA and PASS. Positive-pressure SCBA to NFPA 1981 (1992) with a protective hood (s. 51.6(1)); PASS to NFPA 1982 (1993) (s. 51.6(4)).
• Confined-space rescue and rope. NFPA 1983 (1995) harness with NFPA 1981 SCBA (s. 51.7); ropes, harnesses and hardware to NFPA 1983 (1995), and harnesses that have been used are inspected before reuse (ss. 51.8-51.9).

Fire-service nuance.

• Part VII.1 prevails over other Parts where they conflict (s. 51.1(2)), which resolves the general head and foot rules for structural fire-fighting.
• Older equipment bought before the Part began may meet older editions (s. 51.94); the reverse question, whether NFPA 1970 equipment satisfies the 1990s editions, should be answered in writing.
• Industrial firefighters doing structural fire-fighting beyond the incipient stage need Part VII.1 PPE and NFPA 600 training (s. 51.93).

Status. Verified against the official text on 2026-10-23 (regulation consolidated to 2026-06-30).

Law. General Regulation 91-191, ss. 45, 47 and 51.6 (General Regulation: Occupational Health and Safety Act [NB], 2026, ss. 45, 47, 51.6).

What must be covered.

• Code of practice. Where respirators are required, the employer establishes a respiratory protective equipment code of practice naming the person responsible and describing the equipment, the hazards, selection, care, use, maintenance and fitting, training, record keeping, and how often the code is reviewed (s. 45(1)-(1.1)), developed with the committee or representative and implemented and followed (s. 45(4), (6)-(7)).
• CSA Z94.4 edition. CSA Z94.4-11 (R2016), “or a standard offering equivalent or better protection” (s. 45(2)); for firefighters, Z94.4-11 (R2016) governs training and the use, maintenance and testing of respirators (s. 51.6(5)).
• Fit test. No interval in the regulation; under Z94.4-11 at least every two years.
• Facial hair. Users are as clean shaven as necessary where a tight fit is essential (s. 47).
• Breathing air. Air for firefighters’ SCBA meets or exceeds CAN3-Z180.1-M85 (s. 51.6(3)); no test interval is set.
• Medical. None in the regulation; Z94.4 user screening applies through adoption.

Fire-service nuance.

• The 1985 breathing air edition is far behind current practice; test to CSA Z180.1:19 and record that it exceeds the regulation.
• The respiratory code of practice duty was strengthened by the 2024 amendments (NB Reg 2024-38); a department that wrote its program earlier should check it against s. 45(1.1).

Status. Partly verified: regulation read on 2026-10-23 (consolidated to 2026-06-30). Interval and screening from the standard.

Law. Occupational Health and Safety Act, s. 9(2)(a) (Occupational Health and Safety Act [NB], 1983); General Regulation 91-191, ss. 80, 82, 122 to 126, 130, 232, 235, 236, 51.8 and 51.91 to 51.95 (General Regulation: Occupational Health and Safety Act [NB], 2026).

What must be covered.

• General inspection. Tools and equipment are maintained in good condition (Occupational Health and Safety Act [NB], 1983, s. 9(2)(a)); the owner of a tool ensures it is inspected before use and the user inspects it and reports defects (General Regulation: Occupational Health and Safety Act [NB], 2026, ss. 80, 82(2)); machines are used and maintained to the manufacturer’s specifications and regularly inspected, with defective machines removed from service (ss. 235-236). No default retention period.
• Fire aerial devices. NFPA 1904 (1991) or CAN/ULC-S515-M88, or certified by an engineer as safe to elevate personnel (s. 51.92); a harness is worn when working from an aerial device (s. 51.8). No interval is stated.
• Fire ground ladders. NFPA 1931 (design) and NFPA 1932 (use, maintenance and service testing), 1994 editions (s. 51.91).
• Other aerial devices and platforms. Aerial devices (booms positioning a person by bucket, basket, ladder or platform) to CSA C225-M88 or engineer-certified (s. 232(1)); elevating work platforms to the listed CSA B354 parts “or equivalent or better” (s. 130(1)).
• Portable ladders. CSA Z11-12 (R2017) or the listed ANSI standard; extension ladders of no more than three sections with set overlaps; no work from the top three rungs (ss. 122-126).

Fire-service nuance.

• Firefighters in structural fire-fighting or rescue are exempt from the centre-stance, scaffold-use and top-three-rung ladder rules (s. 125(4)); the exemption does not cover training or station work.
• Older equipment bought before Part VII.1 took effect may meet older editions (s. 51.94); for new aerials, record compliance with NFPA 1910 (2024) and the current ground ladder standard as equal or better (NFPA 1910, 2024).
• Two portable hand lights of at least 6 V on each fire truck (s. 51.95).

Status. Verified against the official text on 2026-10-23 (regulation consolidated to 2026-06-30).

Law. General Regulation 91-191, ss. 49 to 50.5 (fall protection), s. 124 (portable ladders) and ss. 51.8 to 51.9 (firefighters’ rope and harnesses) (General Regulation: Occupational Health and Safety Act [NB], 2026, ss. 49-50.5, 51.8-51.9, 124). Interpretation: WorkSafeNB on training and s. 49(6)(b) (WorkSafeNB, n.d.-a).

What must be covered.

• Trigger. A fall-protection system, continually used, when working from an unguarded area 3 m or more above water or the nearest permanent safe level, or at any height above a surface or object that could cause injury or above an open-top tank, bin, hopper or vat; from a work area 3 m or more up that may tip or fail; or where an officer requires it (s. 49(1)).
• Fall arrest. An anchor point capable of withstanding 22 kN or, if used under the direction of a competent person, four times the maximum load the system may generate; free fall no more than 1.8 m and a shock level on the body of no more than 8 kN; a written rescue procedure before any use of fall arrest, with workers trained in it (s. 49.2).
• Order of precedence. Guardrail, travel restraint or fall restricting system, then fall arrest, then a control zone where a system is not practical (s. 50(1)-(4)).
• Code of practice. A written fall-protection code of practice where workers are at 7.5 m or more, where “employees are performing rope access work other than rope access work for emergency rescue purposes”, where a safety monitor is used for weatherproofing, or where an officer requires it; developed with the committee and available before work begins (s. 50.2).
• Training. By a competent person, with a written record of the worker, date, trainer and agency; the employer reviews with the committee or representative, annually or more often, whether retraining is needed (s. 50.3(4)).
• Equipment. The CSA Z259 parts named in s. 49.1(2), including Z259.10-18, Z259.11-17, Z259.12-16, Z259.2.2-17, Z259.15-12 and Z259.16-04.
• Firefighters’ rope and aerial harness. Ropes, harnesses and hardware for structural fire-fighting or rescue meet NFPA 1983 (1995) (s. 51.8(1)); “When working from an aerial device, a firefighter engaged in structural fire-fighting or rescue shall use a body harness that meets or exceeds NFPA 1983” (s. 51.8(2)); a used harness is removed from service and inspected by a competent person (s. 51.9).

Fire-service nuance.

• The relief, verbatim. Section 49 “does not apply … (b) where a firefighter is engaged in structural fire-fighting” (s. 49(6)(b)), and the order-of-precedence section “does not apply where a firefighter is engaged in structural fire-fighting or rescue” (s. 50(5)). The duty to use fall protection is lifted only for structural fire-fighting as defined (rescue, suppression and property conservation at fires in buildings, structures, vehicles, vessels and aircraft); non-fire rescue, roof work at non-fire calls and station maintenance trigger the 3 m rule.
• Training is not structural fire-fighting. WorkSafeNB’s interpretation says the exemption does not cover training, except evolutions that simulate emergency situations to teach alternative methods of protection, which are treated as structural fire-fighting (WorkSafeNB, n.d.-a).
• Rope access for emergency rescue is outside the code-of-practice duty in s. 50.2, but the s. 49.2 rescue procedure and s. 50.3 training record still apply to rope work that is not structural fire-fighting.
• A worker on a portable ladder at 3 m or more may work without fall protection only for light, short tasks under conditions (s. 124(3)).

Status. Verified against the official text (consolidated to 2026-06-30): ss. 49, 49.2, 50, 50.2, 50.3 and 51.8 read on 2026-10-23 and 2026-10-24; WorkSafeNB’s interpretation read.

Law. General Regulation 91-191, Part XVII (confined space, ss. 262 to 262.1, rewritten by N.B. Reg. 2022-79) and s. 51.7 (firefighters’ confined space rescue equipment) (General Regulation: Occupational Health and Safety Act [NB], 2026, ss. 51.7, 262-262.1).

What must be covered.

• Code of practice as permit. A written code of practice for each space before any entry, which works as the entry permit: date and duration, location, the entry supervisor, emergency response team leader, attendant, air-supply attendant and entrants by name, the work, hazards, procedures, equipment and emergency procedures (s. 262.01(1)-(3)); posted at the entrance and signed by entrants and rescuers (s. 262.01(5), (7)); codes and calibration logs kept 2 years (s. 262.01(8)).
• Atmosphere. Oxygen 19.5 to 23 percent; flammables no more than 50 percent of the LEL for cleaning or inspection with no ignition source, 10 percent for cold work with non-sparking tools and 5 percent for hot work (s. 262.061(1)); hydrogen sulphide 10 ppm ceiling, other limits from the ACGIH values adopted in s. 2.
• Testing. By a competent person before entry, with results posted (s. 262.06); instruments bump-tested daily (s. 262.071).
• Attendant and rescue team. An attendant outside with two-way communication who tracks entrants (ss. 262.04-262.041); an emergency response team present and ready where there is an atmospheric or configuration hazard (s. 262.022(1)), able to reach the entrant within three minutes in an IDLH atmosphere (s. 262.022(2)); a written emergency response procedure with “a simulated rescue at least once a year” (s. 262.031).
• Training and equipment. A training program using CSA Z1006-10 (R2015) Table A.1, with records (ss. 262.081-262.082); harnesses to CSA Z259.10-18 Class E (s. 262.09); SCBA or airline respirators with at least 15 minutes rated service (s. 262.092).
• Firefighters’ rescue equipment. A firefighter doing confined space rescue wears an NFPA 1983 harness and NFPA 1981 SCBA (s. 51.7).

Fire-service nuance.

• The exemption, verbatim. “This Part does not apply to a firefighter engaged in structural fire-fighting or rescue” (s. 262.1). It is the broadest confined space exemption in Canada: the whole Part, for any rescue.
• WorkSafeNB reads the parallel fall-protection exemption as not covering training (see J16 Fall Protection and Rope Access); treat confined space training entries the same way.
• The department must fill the gap with its own procedures; NFPA 1006 and NFPA 2500 are the usual basis (NFPA 1006, 2021; NFPA 2500, 2022).

Status. Verified against the official text (consolidated to 2026-06-30): s. 262.1 read on 2026-10-23; ss. 262.01 to 262.092 read on 2026-10-24. The application of s. 262.1 to training is not confirmed.

Law. General Regulation 91-191, Part XIII (excavations and trenches, ss. 180 to 188.1) (General Regulation: Occupational Health and Safety Act [NB], 2026, ss. 180-188.1).

What must be covered.

• Trigger. Walls supported by shoring, bracing or caging unless the trench is less than 1.2 m deep, cut in solid rock, sloped or benched no steeper than 1 vertical to 1 horizontal to within 1.2 m of the bottom, or not entered (s. 181(1)); no one enters a trench 1.2 m or deeper unless these conditions are met (s. 182(1)).
• Engineer. Shoring, bracing or caging “certified as adequate by an engineer”, with proof available (s. 181(4)).
• Spoil. At least 1.2 m from the edge (s. 183(1)); in rock deeper than 1.8 m, set back by its own height or a fence 1 m from the face (s. 183(2)).
• Access. A ladder extending at least 1 m above the trench, no more than 15 m from the worker (s. 182(1)(d)).
• Utilities and poles. Located before excavation, with controls within 600 mm (s. 180); poles within 3 m of an excavation deeper than 1.2 m supported or removed (s. 180(3)).
• Attendance and atmosphere. An observer on the surface (s. 185); atmospheric testing under the confined space Part where needed (s. 184(2)); barriers against traffic (s. 188(2)).

Fire-service nuance.

• No firefighter exemption in Part XIII, unlike the confined space and fall protection Parts; see J17 Confined Space and J16 Fall Protection and Rope Access. Trench rescue needs engineer-certified protective systems and spoil and ladder control.

Status. Verified against the official text (consolidated to 2026-06-30): ss. 180 to 188 read on 2026-10-24.

Law. General Regulation 91-191, ss. 239 to 243 (lockout and guarding) and s. 289 (working distances for unqualified persons) (General Regulation: Occupational Health and Safety Act [NB], 2026, ss. 239-243, 289).

What must be covered.

• Lockout. Lockable energy-isolating devices, personal safety locks and keys, and a written lockout procedure with training; work starts only after a zero energy state is confirmed and a personal lock and a tag with name, date and time are applied (s. 239); a code of practice where lockout is not appropriate (s. 240).

• Guarding. Ss. 241 to 243.

• Limits of approach. An employee who is not a qualified person does no work liable to bring any person or object closer to an energized utility line or utility line equipment than (s. 289(1)):

  Phase-to-phase voltage	Distance
  Up to 750 V	900 mm
  750 V to 100,000 V	3.6 m
  100,001 V to 250,000 V	5.2 m
  250,001 V to 345,000 V	6.1 m

• Closer work. The employer contacts the authority that owns or operates the line and ensures it is de-energized or adequately insulated or guarded before the work begins (s. 289(2)).

Fire-service nuance.

• No emergency relief from s. 289. New Brunswick’s distances in the 750 V to 100 kV band (3.6 m) are larger than most jurisdictions’.
• Electrical installation and gas codes and licensing were not read for this page.

Status. Verified against the official text (consolidated to 2026-06-30): ss. 239 to 243 and 289 read on 2026-10-24.

Law. General Regulation 91-191, ss. 4 to 27, 97, 102, 111 and 113 to 115 (General Regulation: Occupational Health and Safety Act [NB], 2026); Boiler and Pressure Vessel Act and N.B. Reg. 84-174, named in the regulation.

What must be covered.

• Housekeeping and floors. Clean and in good repair (s. 15); refuse (s. 17); walking surfaces free of hazards, guardrails at open sides and wet floor control (s. 102).
• Guardrails, openings and stairs. Guardrails at 900 mm to 1.07 m with a toeboard of at least 127 mm and posts no more than 2.4 m apart (s. 97); openings guarded or covered with a secured, marked cover (s. 111); stair dimensions and non-slip nosings, with handrails at four or more risers (s. 115).
• Lighting and air. Lighting to the named illuminating engineering practice (s. 26); emergency lighting of at least 50 lux, tested monthly (s. 27); ventilation to ASHRAE 62.1-2010 (s. 20).
• Egress. Access, egress and emergency escape (s. 113), which does not apply while firefighting (s. 113(2.1)); doors (s. 114).
• Sanitation. Water (s. 4); toilets by number of workers (s. 5: one for nine or fewer, two for 10 to 24, three for 25 to 49); wash basins (s. 6); eating areas (s. 7); change rooms (s. 9); showers where workers handle hazardous substances or work in heat and humidity (s. 10).
• Pressure equipment. The boiler and pressure vessel statute and its regulation apply, administered by the provincial technical inspection service.
• Codes. The 2020 national building code with variations and the 2020 national fire code in full; the codes board lists 2025-05-01 as the in-force date, while a provincial bulletin cites 2025-04-01 (CBHCC, n.d.). The fire prevention statute contains no code adoption text.

Fire-service nuance.

• The monthly emergency lighting test (s. 27) is more frequent than in most jurisdictions; put it on the station inspection checklist.
• Indoor air quality and exposure limit duties are suspended only during structural fire-fighting (s. 18(3)), not in the station.

Status. Partly verified: regulation read on 2026-10-23 (consolidated to 2026-06-30); pressure thresholds and the building code instrument not read.

Law. WHMIS Regulation 2016-6; General Regulation 91-191, Part on asbestos (ss. 25.3 onward), which adopts the Commission’s code of practice (Workplace Hazardous Materials Information System Regulation: Occupational Health and Safety Act [NB], 2016, s. 7(4); General Regulation: Occupational Health and Safety Act [NB], 2026, ss. 25.3-25.4). Release reporting legislation was not read for this page.

What must be covered.

• WHMIS training. Education and training reviewed at least annually (s. 7(4)). The Act adds a duty to keep an inventory of toxic substances (Occupational Health and Safety Act [NB], 1983, s. 42).
• Release reporting. Report to the Canadian Coast Guard Maritimes line, 1-800-565-1633, listed for New Brunswick (Environment and Climate Change Canada, 2023).
• Asbestos. An owner of a place of employment, an employer and a contractor must each adopt and follow, for employees who work with, near or disturb asbestos-containing material, “A Code of Practice for Working with Materials Containing Asbestos in New Brunswick”, prepared and amended by the Commission, and ensure employees follow it (s. 25.4).

Fire-service nuance.

• The asbestos code of practice, not the regulation, holds the detailed survey, removal and disposal steps; obtain the current version from the Commission before a renovation or a training burn.
• The regulation’s structural firefighting carve-outs from indoor air quality rules do not touch WHMIS or asbestos (see J22 Exposure Limits, Heat and Cold Stress).

Status. Partly verified: Regulation 91-191 read on 2026-10-23 (consolidated to 2026-06-30) and the WHMIS Regulation section taken from the research. The code of practice, the Act’s inventory section and the release reporting legislation were not read.

Law. General Regulation 91-191, s. 2 (definition of occupational exposure limit), ss. 18(3), 22-24.1 (General Regulation: Occupational Health and Safety Act [NB], 2026, ss. 2, 18(3), 22, 23, 24, 24.1).

What must be covered.

• Basis of limits. The occupational exposure limit is the ACGIH TLV in the 2016 TLV and BEI publication, except for lead sulfide (0.15 mg/m³ TWA), formaldehyde (0.5 ppm TWA, 1.5 ppm STEL), sulphur dioxide (2 ppm TWA, 5 ppm STEL), hydrogen sulphide and the other contaminants for which the Commission sets a limit (s. 2); air contaminants must not exceed it (s. 24).
• Long shifts. Exposure outside an eight-hour day and 40-hour week is adjusted by the Brief and Scala model referenced in the 2016 ACGIH publication (s. 24.1(1)).
• Heat and cold. Where extreme heat or cold may present a hazard, a competent person measures and records thermal conditions at frequent intervals and makes the findings available to the committee and officers (s. 22(a)), and the ACGIH 2016 heat stress and cold stress limits, the work-rest regimen for heat and the work-warming regimen for cold are followed (s. 22(b)); a competent person instructs employees in the symptoms of heat and cold stress and the precautions (s. 23).

Fire-service nuance.

• Sections 19, 20, 24, 24.1 and 25.2 and paragraph 22(a) do not apply while a firefighter is engaged in structural firefighting (s. 18(3)). The exposure limit duty and the thermal measuring duty are relieved during structural firefighting; the ACGIH work-rest regimen in s. 22(b) and the instruction in s. 23 are not.
• The relief ends when structural firefighting ends, so overhaul, investigation, training and station work are covered in full.

Status. Verified against the regulation consolidated to 2026-06-30 (read 2026-10-23).

Law. General Regulation 91-191, Part V (ss. 29-33.1, revised by N.B. Reg. 2024-38) and s. 48 (General Regulation: Occupational Health and Safety Act [NB], 2026, ss. 29-33.1, 48).

What must be covered.

• Measurement. Where noise may exceed 80 dBA, a competent person measures it to CSA Z107.56-06 (R2011) (s. 29).
• Code of practice. A hearing conservation code of practice where the limits are exceeded, reviewed annually (s. 29.1).
• Limits and exchange rate. 85 dBA for eight hours on a 3 dB exchange rate, from 80 dBA for 24 hours to 100 dBA for 15 minutes, with a 140 dB peak (s. 30(1), (3)); signs above 85 dBA (s. 33); protectors to CSA Z94.2-14 (R2019) (s. 48).
• Audiometric tests. Within six months of starting work and at least every 24 months after, by a registered audiologist or a person trained to CSA Z107.6:16 (R2020) (s. 29.2), with results kept for the duration of employment and confidential (s. 29.3).

Fire-service nuance.

• “Except for a firefighter operating a structural fire-fighting apparatus, this Part does not apply where a firefighter is engaged in structural fire-fighting” (s. 33.1(1)). The pump operator stays covered; the rest of the crew is outside Part V only while engaged in structural firefighting, and fully inside it for training, other calls and station work.

Status. Verified against the regulation consolidated to 2026-06-30.

Law. First Aid Regulation 2004-130, amended by N.B. Reg. 2023-45 (First Aid Regulation: Occupational Health and Safety Act [NB], 2023, ss. 2-12, Sch. A).

What must be covered.

• Standards. CSA Z1210-17 (R2021) for training and CSA Z1220-17 (R2021) for kits (s. 7(0.1)). WorkSafeNB allows employers to comply with newer editions of these standards (WorkSafeNB, 2025).
• Level. Basic level for work that is not high hazard; intermediate level for high hazard work, which includes confined space and isolated work (ss. 2, 8(1)); training approved by the Chief Compliance Officer (s. 8(2)).
• Providers per shift (Schedule A). 2-19 employees: 1 (not high hazard) or 1 (high hazard); 20-49: 1 or 2; 50-99: 2 or 2; 100-199: 2 or 3, one with access to the first aid room; 200 or more: 3 or 4; above 200, one more per 1-100 employees.
• Room, kits and procedures. A first aid room at 100 or more per shift (s. 12); kits per Z1220 (s. 11); a written emergency communication procedure (s. 5) and a written transportation procedure (s. 6).
• Records. Treatment records kept three years (s. 10).
• Vehicles. The regulation does not apply to a vehicle used or likely to be used by an employee (s. 3).

Fire-service nuance.

• Firefighting is not named as high hazard, but confined space rescue and isolated work are; assess fireground work as high hazard by policy (interpretation).
• Because vehicles are excluded, apparatus kits are a policy decision; carry at least a Z1220 Type 2 kit.

Status. Verified against the regulation consolidated to 2023-08-09; the WorkSafeNB interpretation read through a secondary source.

Law. No bloodborne pathogen or sharps provision was found in General Regulation 91-191 (searched); the general duty applies (Occupational Health and Safety Act [NB], 1983, s. 9).

What must be covered.

• General duty. Exposure control, protective equipment, vaccination and post-exposure procedures as part of taking every reasonable precaution.
• Source testing. No statute found.
• Medical first response. Not researched.

Fire-service nuance.

• Patient care records from medical first response may be personal health information; check whether the department is a custodian (see J10 Privacy and Health Information).

Status. Not verified: only the absence of a regulation was checked (regulation consolidated to 2026-06-30).

Law. General Regulation 91-191, Part XXII.I, ss. 374.1 to 374.8 (General Regulation: Occupational Health and Safety Act [NB], 2026, ss. 374.1-374.8), under the Occupational Health and Safety Act.

What must be covered.

• Assessment. Every employer assesses the risk of violence in consultation with committees, representatives or employees (s. 374.1(1)-(2)), considering the location and circumstances of the work; the risk arising from the work and from sexual, intimate partner or domestic violence; the categories of employees at risk; the possible effects on health and safety; previous incidents at the workplace; and incidents in similar workplaces (s. 374.1(3)). The assessment is documented and available to committees and officers (s. 374.1(4)), and reviewed when conditions change or an officer orders it (s. 374.1(5)).
• Written code of practice for violence. Required for every employer with 20 or more employees (s. 374.2(3)). Below 20 it is required where work is done by “an employee of an emergency service provider”, defined to include “a fire department organized to serve any area of the Province”, and in other listed cases (s. 374.2(1), (4)).
• Code contents (s. 374.3):
  • an inventory of the locations and circumstances in which violence may reasonably be expected;
  • the types of violence and the categories of employees at risk;
  • the person responsible for implementing the code;
  • a statement that an employee shall report an incident as soon as circumstances permit;
  • the methods, equipment and procedures to mitigate the risk;
  • follow-up with affected employees;
  • the means, including alternative means, of securing emergency assistance;
  • how incidents are investigated and documented, how affected employees learn the results, and how corrective measures are implemented;
  • training needs.
• Implementation and consultation (s. 374.5); privacy: identities and circumstances disclosed only to investigate, correct or as required by law, and personal information kept to the minimum (s. 374.6).
• Training program for each employee and each supervisor, with training records available to an officer (s. 374.7).
• Review at least once each year in consultation with committees, representatives or employees, and update on change or order (s. 374.8).
• Definition. Violence is the attempted or actual use of physical force against an employee, or a threatening statement or behaviour, and includes sexual, intimate partner and domestic violence (s. 2).

Fire-service nuance.

• New Brunswick is the only jurisdiction that names fire departments. Every fire department needs the written violence code of practice, whatever its size. Ambulance services are named separately.
• Part XXII.I was made by N.B. Reg. 2018-82, in force 2019-04-01; 2025, c. 37 made a consequential change to s. 374.2.
• Whether volunteers count toward the 20-employee threshold is not stated, but the emergency service provider rule makes the threshold irrelevant for the violence code (J11 Volunteer Firefighters).

Status. Verified against the official text on 2026-10-23 (Regulation consolidated to 2026-06-30). The in-force date of Part XXII.I is not verified.

Law. General Regulation 91-191, ss. 2 and 374.4 to 374.8 (General Regulation: Occupational Health and Safety Act [NB], 2026), under the Occupational Health and Safety Act; Human Rights Act, s. 10 (Human Rights Act [NB], 2011, s. 10).

What must be covered.

• Written code of practice for harassment for every employer, to ensure employees’ health and safety to the extent possible (s. 374.4(1)). It must include (s. 374.4(2)):
  • 1. a statement that every employee is entitled to work free of harassment;
  • 2. the person responsible for implementing it;
  • 3. a statement that an employee shall report harassment as soon as circumstances permit;
  • 4. how the employer investigates and documents incidents;
  • 5. how affected employees are told the results;
  • 6. how corrective measures are implemented;
  • 7. follow-up with affected employees;
  • 8. training needs.
• Consultation and implementation with committees, representatives or employees; the code readily available on request (s. 374.5).
• Privacy. Identities and circumstances disclosed only to investigate, correct or as required by law; personal information kept to the minimum (s. 374.6).
• Training program for each employee and each supervisor, with training records available to an officer (s. 374.7).
• Review at least once each year, and update on change or an officer’s order (s. 374.8).
• Definition. Objectionable or offensive behaviour known or reasonably known to be unwelcome, including bullying, on a one-time or repeated basis, that threatens an employee’s health or safety, including sexual harassment, and excluding reasonable management conduct (s. 2).

Fire-service nuance.

• These are “codes of practice”: the employer must follow them, and an officer can order changes. Every fire department needs both a harassment code and, because fire departments are emergency service providers, a violence code (J26 Workplace Violence).
• Sexual harassment by an employer, its representative or another employee is also prohibited by the Human Rights Act (s. 10).

Status. Verified against the official text on 2026-10-23 (Regulation consolidated to 2026-06-30; Human Rights Act to 2023-06-16).

Law. Occupational Health and Safety Act, s. 1 (Occupational Health and Safety Act [NB], 1983, s. 1); General Regulation 91-191, Part XXII.I (General Regulation: Occupational Health and Safety Act [NB], 2026).

What must be covered.

• In the statute. No. The Act does not define “health” and does not mention psychological health. The harassment definition refers to conduct that “threatens the health or safety of an employee” (General Regulation: Occupational Health and Safety Act [NB], 2026, s. 2).
• Psychosocial duty. None beyond the violence and harassment codes of practice (J26 Workplace Violence, J27 Workplace Harassment).
• Crisis resources. Addiction and Mental Health Helpline 1-866-355-5550 (24 hours); 211 New Brunswick; 9-8-8 (Public Health Agency of Canada, 2026). WorkSafeNB runs a Psychological Health and Safety Resource Centre with consultation services and, in October 2026, named its first psychological health and safety grant recipients, with priority for workers exposed to trauma (WorkSafeNB, n.d.-c).

Fire-service nuance.

• The PTSD presumption covers emergency response workers, including volunteer firefighters, but gradual-onset stress is not compensable (J32 Workers' Compensation and Firefighter Presumptions).
• CSA Z1003-13 is voluntary here; the regulator’s resource centre is the practical route to it.

Status. Verified against the official text on 2026-10-23 (Act consolidated to 2024-06-07; Regulation to 2026-06-30); crisis line confirmed on the federal listing.

Law. General Regulation 91-191, Part XX (underwater diving operations, ss. 299 to 342) (General Regulation: Occupational Health and Safety Act [NB], 2026, ss. 299-310, 337).

What must be covered.

• Scope. Part XX applies to any underwater diving operation; “diver” means “a person who performs work under water for compensation” (s. 300).
• Medical. Current medical certification from a medical practitioner, established before employment as a diver, “renewed every two years”, more often if clinically indicated, re-evaluated after an event, and a copy kept at the dive site (s. 301).
• Training. Documentary evidence of an appropriate diver training course or training and experience for the dive, kept during employment, and first aid training to the level set in the first aid regulation (s. 304); logbooks kept 5 years (s. 305).
• Supervisor and plan. A designated competent diving supervisor with at least five years’ diving experience (s. 307), who plans the dive in detail, briefs the crew, checks equipment and instructs the crew in emergency procedures (s. 308); the dive plan is discussed and accepted by the supervisor, divers and employer (s. 310); a supervisor’s daily record (s. 306).
• Scuba limits. No scuba diving on an underwater construction project, in a confined space, with underwater power tools, “where water currents, visibility, weather conditions or underwater conditions present hazards to a diver that could be alleviated if the diver were using surface-supplied air”, in a contaminated environment, “where there is danger of entrapment”, or deeper than 30 m (s. 337(1)).
• Scuba team. At least three persons at each scuba dive site: the diver, a stand-by diver and a competent person; a diving supervisor need not be present (s. 337(2)-(3)).

Fire-service nuance.

• No public safety diving provisions and no emergency relief.
• The scuba limits in s. 337(1) bite hard on public safety diving: poor visibility, current and entrapment are typical of rescue and recovery dives, and where surface-supplied air would reduce the hazard, scuba is not allowed. A scuba-only team should take this up with WorkSafeNB before offering a dive service.
• Because a “diver” works for compensation, an unpaid volunteer’s dive may fall outside the definition; adopt Part XX for every member who dives.

Status. Verified against the official text on 2026-10-23 (Part XX read in the consolidation to 2026-06-30). How WorkSafeNB applies s. 337(1) to public safety diving is not confirmed.

Law. Motor Vehicle Act, ss. 1, 110, 168, 168.1, 202, 225; General Regulation 83-42, ss. 22-24 (Motor Vehicle Act [NB], 1973, ss. 1, 110, 168, 168.1, 202, 225; General Regulation: Motor Vehicle Act [NB], 2026, ss. 22-24). No replacement statute.

What must be covered.

• Emergency vehicle. “Authorized emergency vehicle” includes “a fire department or fire fighting vehicle” (s. 1).
• Exemptions. When responding to an emergency call, or responding to but not returning from a fire alarm, the driver may park, pass red signals after slowing, exceed the speed limit without endangering life or property, and disregard turning rules, only with a bell, siren or exhaust whistle sounding and at least one flashing red lamp visible 150 m to the front; the duty of due regard remains (s. 110).
• Other drivers. Yield and stop (s. 168); no following fire apparatus closer than 150 m or parking within 100 m or the block, and no driving over unprotected hose without the consent of “the fire department official in command” (s. 202); move-over at half the posted limit (s. 168.1), detailed on J31 Roadway Incident Scenes.
• Lights. Flashing green lights are reserved for Emergency Measures Organization officers and plan personnel (s. 225(3.2)), and red and blue for police (s. 225(3.1)).
• Licence. Class 3 for “any motor vehicle with three or more axles” (s. 22(1)(g)); air brakes need endorsement “F” (s. 23(1)(f)); s. 24 exempts only peace officers, examiners, salespeople and mechanics, not firefighters.

Fire-service nuance.

• No courtesy light of any colour is available for volunteers’ personal vehicles; they drive under the ordinary rules.
• Every apparatus driver needs the full class and endorsement, emergency or not.

Status. Verified against the official consolidations (Act to 2026-06-12; regulation to 2026-08-01).

Law. General Regulation 91-191, s. 91(2); Motor Vehicle Act, s. 168.1 (General Regulation: Occupational Health and Safety Act [NB], 2026, s. 91(2); Motor Vehicle Act [NB], 1973, s. 168.1).

What must be covered.

• High visibility. CSA Z96-15 (R2020) apparel for “any employee who is exposed to a risk of injury from vehicular traffic” (s. 91(2)); the wording is not limited to construction.
• Traffic control. The provincial Work Area Traffic Control Manual was not read, and whether it applies at emergency scenes is not known.
• Move-over. Passing a stopped authorized emergency vehicle showing a flashing red light visible from the front, or a service vehicle (a tow truck, a utility vehicle or a contracted road safety or maintenance vehicle) showing a flashing amber light, drivers on the same side of the highway slow to one-half of the posted maximum speed and change lanes on multi-lane roads if safe (s. 168.1(1)-(3)).

Fire-service nuance.

• The trigger is a flashing red light; make sure stopped apparatus keeps red lights showing.

Status. Partly verified: s. 91(2) read in the consolidation to 2026-06-30 and s. 168.1 in the consolidation to 2026-06-12 on 2026-10-24; the manual not read.

Law. Workers’ Compensation Act, ss. 1 and 7.1 (Workers’ Compensation Act [NB], 1973); Firefighters’ Compensation Act, ss. 1, 4 and 5 (Firefighters’ Compensation Act [NB], 2009); General Regulation 2009-72, Schedule A (General Regulation: Firefighters’ Compensation Act [NB], 2025). Board: WorkSafeNB (the Workplace Health, Safety and Compensation Commission).

What must be covered.

• Board administration. Firefighters’ Compensation Act benefits are paid only after the Commission decides there is no entitlement under the Workers’ Compensation Act (Firefighters’ Compensation Act [NB], 2009, s. 5(2)). Check contractors’ standing before work and payment.
• Cancers. 10 cancers, each with the minimum service below and regular exposure “to the hazards of a fire scene … other than a forest fire scene” (Firefighters’ Compensation Act [NB], 2009, s. 5(1)(b); General Regulation: Firefighters’ Compensation Act [NB], 2025, Sch. A):

• Heart. “A heart attack that occurs within 24 hours after attendance at an emergency response scene” (Firefighters’ Compensation Act [NB], 2009, s. 5(1)(a)), with no minimum service.
• PTSD. Presumed for an “emergency response worker”, meaning a firefighter as defined in the Firefighters’ Compensation Act (so volunteers are included), a paramedic or a police officer, on a diagnosis by a psychiatrist or psychologist, unless the contrary is shown; diagnoses up to 24 months after leaving the role are covered (Workers’ Compensation Act [NB], 1973, s. 7.1). The in-force date was not read.
• Other mental stress. Not compensable: “accident” excludes mental stress other than an acute reaction to a traumatic event (Workers’ Compensation Act [NB], 1973, s. 1).
• Volunteers. “Worker” includes a member of a municipal volunteer fire brigade whose membership is approved by the chief (Workers’ Compensation Act [NB], 1973, s. 1), and the Firefighters’ Compensation Act covers anyone who serves as a firefighter with a municipality, rural community or rural district brigade (Firefighters’ Compensation Act [NB], 2009, s. 1). A volunteer’s earnings are based on their regular occupation, capped at maximum annual earnings (Firefighters’ Compensation Act [NB], 2009, s. 4).

Fire-service nuance.

• New Brunswick has the shortest list in Canada and the longest testicular minimum (20 years). No breast, prostate, skin or multiple myeloma presumption exists here.
• WorkSafeNB consulted in April 2024 on merging the Firefighters’ Compensation Act into the Workers’ Compensation Act and expanding the cancer list (WorkSafeNB, 2024). No expansion had been made by the Regulation’s consolidation of 2025-06-06, and a review of both Acts is reported to be under way.

Status. Partly verified: the Acts and Regulation were read (consolidated to 2025-06-06); the PTSD in-force date and the status of the review are not verified.

Law. Workers’ Compensation Act, ss. 42.4 and 42.5 (Workers’ Compensation Act [NB], 1973); Firefighters’ Compensation Act, s. 41 (Firefighters’ Compensation Act [NB], 2009, s. 41); Human Rights Act, ss. 2.2 and 4 (Human Rights Act [NB], 2011); Employment Standards Act, ss. 14 to 17 (Employment Standards Act [NB], 1982, ss. 14-17).

What must be covered.

• Re-employment (Workers’ Compensation Act [NB], 1973, s. 42.4): offer to re-employ a worker with at least 12 continuous months of service who is medically able to do the essential duties or suitable work, and accommodate the work or workplace to the point of undue hardship. The obligation lasts 1 year where the employer had fewer than 20 workers and 2 years where it had 20 or more. A dismissal soon after re-employment is presumed a breach unless rebutted.
• Penalty. An employer that does not comply is liable to an administrative penalty (s. 42.5(4)).
• Firefighters’ Compensation Act. No penalizing a firefighter employed by the municipality or rural community for a claim, and after at least one year of employment the firefighter is reinstated to the same or an equivalent position or to suitable employment (Firefighters’ Compensation Act [NB], 2009, s. 41).
• Accommodation. No discrimination in employment based on a prohibited ground (Human Rights Act [NB], 2011, s. 4(1)); a limitation is not discriminatory if the Human Rights Commission has determined that it is based on a bona fide requirement or qualification that justifies the difference (s. 2.2).
• Hours of work. There is no limit on the number of hours an employee may work in a day, week or month (ESA s. 14). Regulations may set the maximum hours at the minimum wage rate, beyond which overtime is due (ss. 15-16). A weekly rest of at least 24 consecutive hours is required, except for an employee who in the Director’s opinion is required to cope with an emergency (s. 17).

Fire-service nuance.

• The 2024 consultation on merging the Firefighters’ Compensation Act into the Workers’ Compensation Act could change the reinstatement rule (J32 Workers' Compensation and Firefighter Presumptions).
• With no daily or weekly hours limit, 24-hour shifts are lawful; fatigue is an occupational health and safety and collective agreement matter.

Status. Verified against the official text on 2026-10-23 (Compensation Acts consolidated to 2025-06-06; Human Rights Act to 2023-06-16; Employment Standards Act to 2026-06-12).

Law. Fire Prevention Act, ss. 4, 6 and 7.01 (Fire Prevention Act [NB], 1973); Local Governance Act, ss. 6, 10, 176.41, 178, 179 and 186 (Local Governance Act [NB], 2017); Emergency Measures Act, s. 15 (Emergency Measures Act [NB], 2011).

What must be covered.

• Establishing a department. A local government has natural-person powers for municipal purposes, may provide services outside its limits by agreement, makes bylaws on safety and its services, and makes fire protection bylaws appointing fire prevention officers (Local Governance Act [NB], 2017, ss. 6(1), 6(5), 10(1), 186). In rural districts the Minister provides fire protection and rescue services (s. 176.41).
• Liability. Departments, brigades and members have good-faith immunity (s. 178); the Minister may indemnify rural district brigades (s. 179).
• Incident powers. “A local assistant or a member of a fire department may at all times, by day or night, enter” a burning building and adjoining premises and “take any action considered necessary to extinguish the fire” (Fire Prevention Act [NB], 1973, s. 7.01). No broader command clause was found.
• Fire marshal. Enforces fire laws, including “non-fire related rescue by members of a fire department or a fire brigade” (s. 4(1)); keeps fire records and investigates (s. 4(2)); advises on fire departments’ equipment (s. 4(3)(a)); appoints fire chiefs as local assistants (s. 6); and “shall determine the content of training programs for firefighters in firefighting, fire prevention and non-fire related rescue” (s. 4(4)). In a state of emergency the fire marshal co-ordinates all fire suppression and prevention (Emergency Measures Act [NB], 2011, s. 15(a)).
• Certification. Voluntary: “Firefighter certification is not a mandatory requirement to become a firefighter in New Brunswick”; the provincial program is IFSAC and Pro Board accredited for Firefighter I and II, Instructor I and hazardous materials awareness, operations and technician (Government of New Brunswick, n.d.-b).

Fire-service nuance.

• Fire calls are reported to the fire marshal’s office within 14 days, and a fire or explosion involving serious injury or death within 24 hours (Fire Prevention Act [NB], 1973, s. 7.1).
• No statutory mutual aid framework was found beyond service agreements and the emergency co-ordination role.
• In rural districts, identify the OHS employer of each brigade clearly, because the Minister provides the service; see J02 Duties of Employers, Supervisors, Workers and Contractors.
• Fire marshal committees were reported in April 2026 to be developing safety officer, driver-operator and aerial programs.

Status. Verified against the official text on 2026-10-23 (Fire Prevention Act consolidated to 2023-06-16; Local Governance Act to 2026-09-15; certification page read). The reporting timelines were confirmed in s. 7.1 of the official text.

Law. Forest Fires Act and General Regulation 84-204 (General Regulation 84-204 [NB], 2024, ss. 3-3.96); Firefighters’ Compensation Act, s. 5(1)(b)(ii) (Firefighters’ Compensation Act [NB], 2009, s. 5).

What must be covered.

• Season. The burning rules apply only during the fire season (s. 3); the province publishes the season as running from the third Monday of April to 31 October, extendable (Government of New Brunswick, n.d.-a).
• Category 1. An open fire within 60 m of forest land burning no more than four piles of untreated wood, each no larger than 3 m by 3 m by 2 m: no permit, but none on non-burn days and only from 8 p.m. to 8 a.m. on restricted burn days (ss. 3.1, 3.8-3.91).
• Categories 2 to 4. Larger fires within 100 m of forest land, blueberry field burning and land clearing or prescribed burning need a valid burning permit (ss. 3.92-3.94); Category 4 also needs a written burn plan (s. 3.95).
• Daily status. Burn conditions are published daily at 2 p.m. in the season (Government of New Brunswick, n.d.-a).

Fire-service nuance.

• Cities, towns and some villages have their own burning bylaws, which apply first (Government of New Brunswick, n.d.-a).
• The firefighters’ cancer presumption excludes exposure at a forest fire scene (Firefighters’ Compensation Act [NB], 2009, s. 5(1)(b)(ii)).
• No wildland qualification standard for municipal crews was found.

Status. Partly verified: Regulation 84-204 (current to 2024-01-01) read on 2026-10-23; the Forest Fires Act itself and the agency’s standards were not read.

Law. No statute requires external verification.

What must be covered.

• COR. No compensation board COR program and no municipal certifying partner was found.
• Incentives. The compensation board offers committee education, psychological health and safety consultation, a resource centre, a grant program (2026) and an employer performance refund announced in October 2026 (WorkSafeNB, n.d.-e).
• Grants. No provincial grant program for fire department equipment or training was found.

Fire-service nuance.

• External check. With no COR route, use ISO 45001 or CSA Z45001 certification or peer accreditation (CPSE, 2019).
• Federal wildfire funding flows to the province, not to municipal departments (see Federal below).

Status. Not verified. The absence of COR and grant programs rests on searches; confirm with the compensation board and the fire marshal.

Canadian Board for Harmonized Construction Codes [CBHCC]. (n.d.). Provincial and territorial adoption. https://cbhcc-cchcc.ca/en/provincial-territorial-adoption/

Government of New Brunswick. (n.d.-a). Burning during wildfire season. https://www.gnb.ca/en/topic/laws-safety/emergency-preparedness-alerts/wildfires/wildfire-season.html

Government of New Brunswick. (n.d.-b). Firefighter certification. https://www.gnb.ca/en/topic/jobs-workplaces/find-a-job/information-for-firefighters/firefighter-certification.html

WorkSafeNB. (n.d.-a). Interpretation: Firefighter training, fall protection (N.B. Reg. 91-191, s. 49(6)(b)). https://worksafenb.ca/interpretations/en/firefighter-training-fall-protection.html

WorkSafeNB. (n.d.-c). Psychological health and safety resource centre. https://mentalhealth.worksafenb.ca/

WorkSafeNB. (n.d.-d). Report an injury or illness. https://www.worksafenb.ca/employers/health-safety/report-an-injury-or-illness/

WorkSafeNB. (n.d.-e). WorkSafeNB home page (programs and news). https://www.worksafenb.ca/