Responsibilities

Supervisor/Emploer Responsibilities:

• To ensure the right to refuse steps are followed as required until the refusal is resolved for all parties.
• Ensure that the refusal is dealt with immediately and that the safety concern is immediately addressed.
• Ensure that a risk assessment is completed, that other workers doing the same work are provided with the refusing worker’s documentation and they have read the reason for the refusal.
• To ensure the Workplace Safety and Health Committee worker co-chair or worker representative will make reasonable effort to attend any work refusal investigation in order to provide assistance in resolving the safety and/or health concern in a timely manner.

Worker Responsibilities::

• Be responsible for following all the steps of safety procedures in your job. This includes checking to make sure personal protective equipment (PPE) works properly, knowing how to use it and making sure you use it.
• Take reasonable care to protect yourself and others who may be affected by your actions or omissions.
• Immediately tell their supervisor they believe the work is unsafe. The refusing worker must make it clear this is a refusal according to the legislation and follow the procedures in Step 1 of the work refusal.
• In the event of a "right to refuse" situation, DO NOT LEAVE THE WORKSITE AREA unless your employer tells you.  Otherwise it may be perceived that you have abandoned your job.
• Be prepared to accept alternate work in a different job or location until the work refusal can be investigated and resolved.

Other Considerations:

• Reassigning the refusing worker to another student/task/location is not the end of the process. This is only a temporary reassignment and the worker is expected to return after the completion of the process.
• Right to refuse is not a staff reassignment/replacement mechanism. The process is in place to provide reasonable time to remedy the situation. Once the safety concern has been resolved, the worker is returned to the student/task/location.
• Once the process is initiated, all the steps must be taken until either the refusing worker or the Department of Labour Officer closes it and the worker is reinstated. Every case must be closed.
• The entire process should not take long to resolve; the safety concern must be dealt with immediately. All cases should be closed within one week.
• Discriminatory Action Against Worker Prohibited: No employer, union or person acting on behalf of an employer or union shall take or threaten discriminatory action against a worker for refusing to do dangerous work under Section 43, Workplace Safety and Health Act.
• Wages: If the worker has exercised the right to refuse dangerous work the worker is entitled to the same wages and benefits he/she would have received had the worker continued to work.

          - The employer may re-assign the worker to other students/task/location to replace the                       hours lost.
          - Replacement hours can be scheduled any time within the pay period.
          - The worker must remain available for other assignments within their stated availability.

If you have any questions regarding this process or other safety concerns, please contact the Divisional Safety & Health Officer at 204.488.1767 Ext.1292.