Right to refuse dangerous work

Federal

  1. When you have “reasonable cause to believe there is a danger” you may refuse to work under the Canada Labour Code, Part II.
  2. In order to do this, you must notify your employer of your refusal and the safety reasons for the refusal.
  3. The employer must then investigate in your presence, unless you decline to participate.
  4. Then the employer is obligated to provide you with a written report of their investigation findings. If you agree with the conclusions, you may return to work. However, if you disagree, you may continue to refuse to work.
  5. At this time the employer is obligated to notify the Health and Safety Representative, or Committee so that they may participate in the second stage of the investigation process. Again, you may participate in this investigation if you choose.
  6. After the joint investigation is completed, the employer is again obligated to provide you with a written copy of the results. If you agree with the conclusions, you may return to work. However, if you disagree, you may continue to refuse to work.
  7. At this time the employer is obligated to notify the Minister of Labour who will decide whether or not to investigate. If a delegate of the Minister of Labour (Health and Safety Officer) investigates you have a right to participate in that investigation if you choose.
  8. The Minister must issue a written decision to the employer and the employee considering three options: "danger", "no danger" or "no right to refuse" based on the fact that these are normal conditions of employment or the refusal puts the life of someone else in danger.
  9. Any decisions of “danger” or “no danger” can be appealed to the OHSTC within 10 days. Any directions resulting from the investigation can be appealed to the OHSTC within 30 days.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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February 5, 2018
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