Insert Agency’s Name & Logo Here
/ OHS Policy Statement / Policy #:
Subject:
Refusal to Work
POLICY STATEMENT:
The Employer acknowledges a worker's right to refuse to perform work on the basis of unsafe conditions or situations, as outlined in the occupational health and safety (OH&S) legislation.
In accordance with the Saskatchewan Employment Act, PART III, a worker who exercises his or her right to refuse work will be protected from discriminatory action. There shall not be:
· a loss or change in term(s) or condition(s) of employment; or
· dismissal, lay-off, suspension, demotion or transfer of a worker, discontinuation or elimination of a job, change of a job location, reduction in wages, change in hours of work, reprimand, coercion, intimidation, or the imposition of any discipline or other penalty.
The Employer shall respond to, and resolve, a worker's safety concern(s) as soon as reasonably practicable
PURPOSE:
The Saskatchewan Employment Act, Part III 3-31states:
“A worker may refuse to perform any particular act or series of acts at a place of employment if the worker has reasonable grounds to believe that the act or series of acts is unusually dangerous to the worker’s health or safety or the health or safety of any other person at the place of employment until:
(a) sufficient steps have been taken to satisfy the worker otherwise; or
(b) the occupational health committee (OHC) has investigated the matter, and advised the worker otherwise.”
A refusal to work must be:
· based on a belief by the worker that the work is unusually dangerous;
· a decision undertaken by an individual, not a group; or
· applied to OH&S issues as outlined in the Saskatchewan Employment Act, PART III or the Occupational Health and Safety Regulations (1996).
An “unusual danger” is a:
· danger which is not normal for the worker’s occupation or job;
· danger which would not normally be carried out in the worker’s job; or
· situation for which the worker is not properly trained, equipped, or experienced.
The frequency of incidents where workers invoke their right to refuse work provides an indicator of the efficiency of a workplace safety program. Invocation of a right to refuse usually results because the employer or supervisor has not promptly responded to the worker’s safety concern(s), has not properly identified hazards in the workplace, or has not implemented adequate safety controls; the
other possible reason is that there is a lack of worker training.
STATEMENT OF RESPONSIBILITIES:
Employer
· Ensure the implementation of an effective safety management system whereby hazards are identified and controlled in order to protect the health and safety of workers.
· Inform workers of their rights and responsibilities in the health and safety system.
· Respond to workers' safety concern(s) in a timely manner.
Supervisor
· Assure continuing concern for the health and safety of workers.
· Train workers to recognize hazards and to use required safety controls.
· Ensure workers are compliant with safe work practices.
· Respond promptly to workers’ safety concerns.
· Keep workers informed of actions taken, or not taken, with regard to their safety concern(s).
Worker
· Report safety concern(s) to his or her immediate supervisor using the appropriate safety concern form
· Work with his or her supervisor to resolve his or her safety concern(s).
Occupational Health Committee (OHC)
· Investigate refusals to work as required.
· Advise the worker, supervisor, and employer of the results of the investigation.
· Provide recommendations to the employer for resolution of the concern(s).
PROCEDURE FOR REFUSAL TO WORK:
· If a worker believes that the work he or she has been asked to do is unusually dangerous, he or she should inform his or her supervisor. His or her supervisor must be made aware that the refusal to do the work is for health and safety reasons.
· The worker must not leave his or her work site without the permission of his or her employer.
· The worker is expected to work with his or her supervisor to resolve his or her concern(s).
· The supervisor has the right to reassign other work to the worker (at no loss in pay or benefits) until the concern(s) is resolved.
· A supervisor cannot assign another worker to do the disputed work unless the replacement worker is advised in writing of the:
§ refusal;
§ reason(s) why the employer believes that the replacement worker can do the disputed job safely;
§ right of the replacement worker to refuse; and,
§ steps to follow when exercising this right.
· If the supervisor and worker cannot resolve the refusal, the matter should be taken to the co-chairpersons of the OHC. The co-chairpersons’ role is to help resolve the issue. The co-chairpersons do not have the right to rule on whether or not the disputed work is unusually dangerous.
· If the co-chairpersons cannot resolve the matter, they shall convene an emergency meeting of the OHC to investigate the refusal. During the investigation, the OHC should review applicable legislation, work procedures, applicable documentation, etc. Documentation of this process is required as the occupational health officer (OHO) from Labour Relations and Workplace Safety may need to review the investigation file.
· The OHC may rule on whether the work is unusually dangerous. This ruling must be made by a vote of a quorum of the committee. A unanimous vote by a quorum of the committee is required to rule for or against a refusal.
§ If the OHC determines that the work is not unusually dangerous, they must advise the worker that the worker can no longer refuse that work under the SEA 3-31. If the worker is not satisfied they may appeal to an OHO. The worker may continue the refusal until after the OHO makes a ruling.
§ If the OHC determines that the work is unusually dangerous, the OHC shall provide the employer with recommendations for corrective action, including a summary of the investigation with the minutes of the OHC meeting. The employer should act and report to the OHC on the actions taken or, if no actions taken, the reason(s) why.
· An OHO must be contacted if:
§ the concern has not been resolved;
§ the refusing worker is not satisfied with the OHC’s decision; or
§ the OHC cannot agree on how to resolve the refusal.
· An OHO may be contacted for assistance by the worker, supervisor, employer, or OHC member at any time during the process.
· If contacted, the OHO will investigate and make a ruling. . The OHO will provide a written decision to the refusing worker, each co-chairperson, and to the employer.
· Under Division 8, PART III of the Saskatchewan Employment Act, anyone directly affected by an officer’s decision may appeal the matter to the director of the OHS Division of Labour Relations and Workplace Safety.
· The result(s) of the investigation should be summarized in OHC minutes and posted for the information of workers. Everyone involved should be kept informed during the investigation.
EVALUATION:
This policy shall be reviewed every three years by the Licensee/Board of Directors as part of the safety program review and/or whenever there is a change of circumstances that may affect the health and safety of workers, or a change in Legislation.
REFERENCE:
Saskatchewan Employment Act, PART III, 3-31, 3-33 to 3-35, 3-53, 3-54
Occupational Health and Safety Regulations (1996), sections 22(h & i), 40(3), and 44
Labour Relations and Workplace Safety (LRWS) and Workers’ Compensation Board (WCB)
OH&S Act, sections 23, 24(b), 25, 26, and 27 - Repealed
Approved by: / Signature:Original Date: / Date Revised: / Page 4 of 5