Right to Refuse Dangerous Work

RIGHT TO REFUSE DANGEROUS WORK

Section 128. of the Canada Labour Code Part II gives workers the right to refuse unsafe work. The following steps outline the procedure to be followed when invoking your rights under this section of the Code. It should be noted that the refusal must not put the life, health or safety of another person directly in danger.

Step 1
If you have reasonable cause to believe that your health and/or safety, or that of another employee is in jeopardy, you have the right to refuse unsafe work. If you refuse, you must notify the employer.

If the employer agrees that there is a danger, they must take immediate steps to protect the employees from danger and must inform the work place committee or the health and safety representative of the matter and the action taken to resolve it.

Step 2
If the matter is not resolved as noted above, the employee may continue to refuse and the employee must, without delay, report the circumstances of the matter to the employer and the work place committee or the health and safety representative.

Step 3
The employer must immediately upon being informed of the continued refusal, investigate the matter in the presence of the employee who reported it and of:

(a) at least one member of the work place committee who does not exercise managerial functions;
(b) the health and safety representative; or
(c) if no person is available as noted above, at least one person from the work place who is selected by the employee.

Step 4
If more than one employee has made a report of a similar nature, those employees may designate one employee from among themselves to be present at the investigation. ("Group" refusal).

Step 5
The employer may proceed with an investigation in the absence of the employee who reported the matter if that employee or a person designated by them chooses not to be present.

Step 6
If an employer disputes a matter reported as noted above or has taken steps to protect employees from the danger, and the employee has reasonable cause to believe that the danger continues to exist, the employee may continue to refuse. On being informed of the continued refusal, the employer shall notify a health and safety officer.

Step 7
Where an employee makes a report under subsection (6), the employee, if there is a collective agreement in place that provides for a redress mechanism in circumstances described in this section, shall inform the employer, in the prescribed manner and time if any is prescribed, whether the employee intends to exercise recourse under the agreement or this section. The selection of recourse is irrevocable unless the employer and employee agree otherwise.

Step 8
Upon being notified of a continued refusal, and without delay, a health and safety officer must investigate the matter in the presence of the employer, the employee and one other person who is

(a) an employee member of the work place committee;
(b) the health and safety representative; or
(c) if a person who was designated in the case of a "group" refusal is not available, another employee from the work place who is designated by the employee.

Step 9
Upon being notified of a continued refusal, and without delay, a health and safety officer must investigate the matter in the presence of the employer, the employee and one other person who is

(a) an employee member of the work place committee;
(b) the health and safety representative; or
(c) if a person who was designated in the case of a "group" refusal is not available, another employee from the work place who is designated by the employee.