Skip to content Skip to footer

Work Refusal Policy

Team members can refuse unsafe work when there are reasonable grounds to believe that the work conditions, equipment, or contravention of occupational health and safety legislation presents an immediate, imminent, or serious threat to the health or safety of themselves or another person.

Before a team member exercises their right to refuse, they should follow other procedures for reporting hazards and resolving workplace problems, such as talking to their Manager.

There are circumstances that exempt a team member’s right to refuse unsafe work. These include:

  • When the team member’s refusal to work directly endangers the life, health, or safety of another person.
  • When the hazards described above are inherent or expected in the team member’s work.

Responsibilities

Manager

  • Conduct work refusal investigations when a team member brings forward a work refusal issue.
  • Ensure the team member remains safe at all times during the investigation.
  • Notify the health and safety representative or health and safety committee member.
  • Work in cooperation with the provincial health and safety inspector, if necessary.
  • Ensure all corrective actions are implemented.
  • Comply with any orders if required.

Team member

  • If other reporting processes have not resolved the concern and the team member still believes the work presents an undue hazard, stop the unsafe work and complete a Work Refusal Form.
  • Participate in the work refusal investigation as required.
  • Comply with the decision of the provincial health and safety inspector.

Health and Safety Representative or Committee Member

  • In the event of a disagreement between the Manager and the team member regarding the work refusal, participate in the investigation process with both parties.
  • Work in cooperation with the provincial health and safety inspector if necessary.

Provincial Health and Safety Inspector

  • Investigate the work refusal situation, if called upon, and determine if the workplace/equipment/situation that the refusal pertains to is safe.
  • Provide a written decision on the work refusal investigation.

Procedure

Report of Refusal to Work

  • Upon the refusal, the team member will notify the Manager who will immediately investigate the report with the health and safety representative or committee member.
  • The Manager will notify the Health and Safety Committee that this investigation is taking place as soon as reasonably possible for support and oversight in the process.
  • The work refusal investigation will be recorded on theWork Refusal Form.
  • The team member will remain at a safe place near his/her workstation until the investigation is completed unless the Manager assigns the team member to reasonable alternative work or gives other directions to the team member.
  • No team member will be assigned to the work being refused and investigated unless this team member has been advised of the other team member’s refusal and reasons for refusal in the presence of a health and safety representative or committee member and the Manager has conducted a hazard inspection and either eliminated the hazard or determined that there is no hazard.
  • During a work refusal investigation, the team member will be considered at work and compensated for the duration of the investigation, to the extent they were assigned, or ordinarily would have been assigned, shifts during this period.

Refusal of Work Following an Investigation

  • Where, following the investigation or any steps taken to deal with the circumstances that caused the team member to refuse work, the team member still believes that he/she has reasonable cause to refuse work, then a further level of investigation is required. The Manager will notify the Chair of Health and Safety Committee, who will inform the provincial health and safety inspector.

Health and Safety Inspection

  • In the event work is refused following an investigation, the provincial health and safety inspector is tasked to investigate the situation with the employer or employer representative, team member, and health and safety representative or committee member.
  • Following the investigation, the inspector will decide whether the issue reported is likely to endanger the team member or another person.
  • The inspector will provide his/her decision in writing to the employer, team member and other people involved.
Related Articles