What are the WorkSafeNB requirements for deck construction fall protection?

WorkSafeNB requires fall protection for any worker at a height greater than 3 metres (approximately 10 feet) above a surface where a fall could cause injury, and this applies directly to deck construction on elevated sites, second-storey decks, and any framing work that places workers at that threshold. Contractors who fail to implement proper fall protection face stop-work orders, significant fines, and potential criminal liability if a worker is injured.

The 3-metre threshold is established under New Brunswick's Workplace Health and Safety Act and the General Regulation (91-191), which govern all construction activity in the province. For deck builders, this height is measured from the worker's foot position to the nearest lower surface they could fall to, not from the deck surface to the ground. This distinction matters because a worker standing on top of a railing or on staging while installing fascia on a second-storey deck may be well above 3 metres even if the deck itself is only 8 feet off the ground.

The hierarchy of fall protection under WorkSafeNB regulations prioritizes elimination first, meaning designers should minimize the need for workers to be at height whenever possible. Where work at height is unavoidable, the preferred controls in order are guardrail systems, travel restraint systems that prevent a worker from reaching the fall edge, fall arrest systems such as harnesses attached to engineered anchor points, and finally safety nets. For deck construction, temporary guardrails along open edges are the most practical primary protection method during the framing and decking phases.

Contractors must have active WorkSafeNB coverage before performing any construction work in the province. This is not optional and applies to all workers on the job site, including subcontractors. Homeowners hiring a deck contractor should verify the contractor's WorkSafeNB clearance before work begins. A valid clearance letter confirms the contractor has an active account and is current on premium payments. If a contractor without coverage is injured on your property, you as the property owner may be held liable for their medical costs and lost wages. WorkSafeNB maintains a free online clearance verification system that allows anyone to check a contractor's status by company name or account number.

Specific Requirements for Deck Projects

For second-storey deck construction, which commonly exceeds the 3-metre threshold, the contractor must develop a written fall protection plan before work begins. This plan must identify all fall hazards on the site, specify the fall protection methods to be used at each stage of construction, describe the equipment required, outline rescue procedures in the event of a fall, and confirm that all workers have been trained on the plan. The plan must be available on site for inspection at all times.

Training requirements are specific and documented. Every worker who may use fall protection equipment must receive training on the proper use, inspection, and limitations of that equipment. Training records must be maintained by the employer and available for WorkSafeNB inspection. Annual refresher training is required, and retraining is mandatory after any incident or near-miss involving a fall.

Equipment inspection is a daily obligation. Full-body harnesses, lanyards, and anchor points must be inspected before each use. Any equipment that has arrested a fall must be removed from service immediately and inspected by a competent person before being returned to use. Harnesses and lanyards also have manufacturer-specified service life limits, typically 5 years from first use, regardless of condition.

Penalties for fall protection violations are among the most severe in WorkSafeNB's enforcement framework because falls are the leading cause of construction fatalities in New Brunswick. First-offence fines can range from $500 to over $10,000 depending on severity. Repeat violations or those resulting in injury can lead to prosecution under the Workplace Health and Safety Act with penalties including imprisonment.

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