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Speak up – Public Review of Workplace Violence Draft Regulations

The Government of New Brunswick is seeking public input on proposed changes to the Occupational Health and Safety Act. The amendments relate to workplace violence and harassment legislation that came into effect on April 28, 2018.
After reviewing government’s proposed regulations, NBNU has two key recommendations that we hope members will help us endorse by visiting the link below.

1.) The government’s proposed definition of violence and harassment is not defined broadly enough.

NBNU’s recommendation:

“Violence”, whether at a work site or work-related, means the threatened, attempted or actual conduct of a person that causes or is likely to cause physical or psychological injury or harm, and includes domestic, intimate partner or sexual violence.

“Harassment”, in a place of employment, means any objectionable or offensive behaviour that is known or ought reasonably to be known to be unwelcome, including bullying or any other conduct, comment or display made on either a one-time or repeated basis that the person knows or ought reasonably to know will or would cause offence of humiliation to a worker, or threatens the health or safety of an employee, but does not include reasonable conduct of an employer in respect of the management and direction of employees at the place of employment.
2.) There is a major issue with the draft regulations (section 374.2(1)). The proposed language would base the establishment of a workplace anti-violence Code of Practice on a “risk assessment”. There is a threat of violence in every workplace, so NBNU strongly believes that a workplace Code of Practice must be mandatory for all workplaces. The risk assessment would then be a necessary component of the Code of Practice not the determinant of whether a Code of Practice is necessary in the first place.

Speak up and share your feedback here: https://bit.ly/2wdvueN. Consultation closes May 16.

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