New Brunswick Workplace Violence and Harassment Laws
New Brunswick bullying legislation is non-existent. There are codes around safe work and people do have a right to refuse work they believe to be unsafe. New Brunswick does fall under the Canadian Labour Code (https://www.labour.gc.ca/eng/health_safety/workplace/index.shtml). The federal law does imply that employers need to take certain actions such as training and incident reporting for organizations to have a safe workplace.
Occupational Health and Safety Act, S.N.B. 1983, c. O-02 [‘OHSA’]; Code of Practice for Working Alone Regulation – Occupational Health and Safety Act, N.B., Reg. 92-133
Code of Practice for Working Alone: https://www.gnb.ca/0062/PDF-regs/92-133.pdf
Government of New Brunswick: https://www2.gnb.ca/
WorkSafe New Brunswick: https://www.worksafenb.ca/acts-and-regulations
New Brunswick Human Rights Commission: https://www.gnb.ca/hrc-cdp/index-e.asp
Workplace Violence Definition:
There is no definition regarding workplace violence in New Brunswick. However, New Brunswick does fall under the Canadian federal law on workplace violence. The definition here is:
“any action, conduct, threat or gesture of a person towards an employee in their work place that can reasonably be expected to cause harm, injury or illness to that employee.”
What is Needed to be Compliant:
Under federal law, health and safety training needs to be provided. It is also the duty of every employee to report without fear of reprisals any unsafe work environment. This would include an environment where the person is subjected to workplace violence. New Brunswick bullying legislation could be interpreted as falling under the safe workplace legislation.