The Right to Refuse Unsafe Work

Under the Occupational Health & Safety Act, 1978

STEP BY STEP

1.     Worker reports problem to supervisor and remains in a safe place

What you should say:
"I have reason to believe that by performing the work which you have asked me to perform, I am likely to endanger myself or fellow worker and I therefore, am refusing to do the particular work in question, under the Occupational Health & Safety Act, for the following reasons.... Please, investigate in the presence of my health & safety rep.

What you should do:
After stating your reasons for refusing, remain in a safe place near your work station until the employer investigation has taken place

3.       Worker returns to work if he/she deems situation no longer dangerous.

FOLLOWING THE INVESTIGATION if parties reach an impasse:
If after the investigation or any steps taken to deal with the circumstances, you continue to believe that by performing the work you are likely to endanger yourself or another worker, you may continue to refuse to work.

4.       Worker continues to refuse if the work is still unsafe.

         What you should say:
"I have reasonable ground to believe that by performing the work, I am likely to endanger myself or another worker and i therefore, am continuing to refuse and I ask you to notify an inspector immediately or if not, to permit or a person from the union to do so on my behalf.

5.       Worker stays in safe place during your normal working hours.  Only after the inspector has been notified, may your employer assign you to reasonably alternative work or give you other directions.

Assignment of other workers:
After the inspector has been notified, no other worker should be assigned to do the work which was the subject of the refusal unless the worker has been advised of the prior refusal, in the presence of a worker health & safety representative.