Step 2 - Involvement of the Divisional Safety Officer

If the right to refuse has not been remedied through the process in Step 1 then the worker's supervisor must notify the divisional Safety Officer of the continued refusal.  

The Safety Officer shall perform an inspection/investigation of the dangerous condition in the company of one of the following:

• the Safety Committee Worker Co-Chair; if not available then,
• a Safety Committee member representing the worker; if not available then,
• a worker chosen by the refusing worker.

The inspection/investigation may involve reviewing the following documents:

• Documented right to refuse report from the worker in Step 1, the investigation by the employer and worker S&H committee co-chair's and the recommended corrective actions.
• Interviewing the refusing worker.
• Revised plans for refusals involving students with special needs.
• Safe work procedures.
• Training records for refusing staff.
• Existing operational procedures and policies.
• Any other relevant information, including meeting with the school-based resource team. 

If the inspection/investigation determines that the dangerous condition still exists, the supervisor must take action to remedy the unsafe/dangerous condition.  Once the corrective measures have been put into place the information must be presented to the refusing worker.

If the worker feels that the dangerous condition has been remedied then the right to refuse is closed. The divisional Safety Officer documents the investigation.  A copy is kept at the school and another is kept by the Safety Officer. The Safety Officer will report the findings to the principal, HR, Assistant Superintendent, and Divisional Support Services (where applicable).

If the worker believes that the dangerous condition still has not been remedied, he/she may continue to refuse the work. The Safety Officer will report the findings to the principal, HR, Assistant Superintendent, Divisional Support Services (where applicable).

The worker must remain available and will be assigned to do other work.  At this time, and after consultation with the principal, HR, Assistant Superintendent the Safety Officer will call the Workplace Safety and Health Division (Department of Labour) to request an investigation by an officer.   Note: at this time any involved party can make this contact.

STEP 3 - INVOLVEMENT OF THE DEPT. OF LABOUR SAFETY OFFICER