Workers have the right to refuse dangerous work and are protected from reprisal for exercising this right: workers must continue to be paid while a work refusal is being investigated employers must ensure workers understand the hazards at the workplace, know what needs to be reported and have the support to exercise their right The below list is a number of common steps required, country-wide: Tell your supervisor about what is unsafe about your work. Employees must be at work in order to legitimately refuse to work. These Right to Refuse guidelines are also included in Management Leadership and Commitment section.. It cannot be done by the Union for you. 2.0 Right to Refuse. Under to Occupational Health and Safety Act (sec 43), most workers have the right to refuse unsafe work. The act is still in existence today, making health and safety the joint responsibility of management and workers. Right to know, or the right to be informed about, actual and potential dangers in the workplace. The right to refuse. You must immediately notify your supervisor or employer, who will then take the appropriate steps to determine if the work is unsafe and remedy the situation. OHSA Section 43 outlines the procedure that must be followed, and this process should be understood before a refusal is initiated. The Act includes a detailed process for refusing unsafe work and explains the employer’s responsibility for responding to work refusals. If you have reasonable cause to believe that performing a job or task puts you or someone else at risk, you must not perform the job or task. More Information. Workers in Saskatchewan have the legal right to refuse unsafe work, according to the provincial Employment Act. Right to Refuse Unsafe Work. Even though some businesses/endeavors have been deemed essential services, the employers must maintain still follow OHS legislation and workers still have a right to refuse a task or series of tasks that they feel are unusually dangerous. Read More. You do not have the right to refuse work when a. The manager or supervisor must: … When can a worker refuse? The responsibility to report health and safety concerns, including unsafe activities and conditions, to your supervisor and ask questions if you are unsure how to do something safely. Your friend should mention the phrase “labor standards“. Right to refuse dangerous work. Sheena L. Owens ; Occupational Health and Safety legislation contains a right to refuse dangerous or unsafe work, but not all work will meet this high threshold. You have the right to refuse unsafe work, including situations where you believe you’re in danger of workplace violence. Therefore, the employer would need to investigate and assess whether the work is unsafe and if it poses risk or harm to the employee. What are the manager or supervisor's responsibilities? have reasonable grounds to believe is unusually dangerous. Right to refuse unsafe work. If you have reason to believe the work is likely to endanger you or someone else, this is what you do. Learn more. Report the safety concern to your supervisor. You have the right under the Saskatchewan's Occupational Health and Safety Act to refuse work that you believe, on reasonable grounds, is unusually dangerous to you or anyone else in the workplace. Saskatchewan then took this further passing the Occupational Health Act, considered the first legislation of its kind in North America. What should a worker do if injured at work? On Wednesday, Saskatchewan’s chief … Saskatchewan employees do have a right to safety in the workplace. The right to refuse unsafe work. (Source: WCB Saskatchewan) Right to Refuse Unsafe Work. For the most part, all provinces within Canada follow a similar procedure relating to an employee’s right to refuse unsafe work. The responsibility to work safely by using all machinery and equipment in the way you were trained. Obviously, an injured worker's first priority should be to get proper medical attention. Refusing to work is a serious action that the Government of Canada stresses “ They can refuse to do a job or a task that they have reasonable grounds to believe is unusually dangerous. Workers may refuse work where they believe it is likely to endanger themselves or any other worker. The Right to Refuse Unsafe Work Under Occupational Health and Safety Legislation in Alberta and British Columbia. It cannot be done as a group. These posters were created to give joint health and safety committees, administrators, educators, and support staff an overview of key workplace safety issues in the education sector. The Province of Manitoba has added new information with regard to COVID-19 and work refusals. The right to refuse work for health and safety reasons. If the problem is resolved, return to work. The right to refuse unsafe work is an individual process. The Act outlines the specific process and responsibilities for resolving a work refusal. An unusual danger can include a danger that's not normal; a danger that would normally stop work; or a situation in the workplace for which you are not properly trained, equipped or experienced. However, those working in a healthcare setting have a more limited right to refuse work. This would include refusing work due to hazard related to the COVID-19 pandemic if the worker believes there is a hazard, their concern is communicated to a manager and the seriousness of the perceived danger justifies the risk. 5. What is the right of refusal, or right to refuse to perform unsafe work? Right to participate in the workplace health and safety activities through the Health and Safety Committee (HSC) or as a worker health and safety representative. 1. Employers have a duty to keep their staff safe during an outbreak. When an employee believes that work being performed is dangerous or unsafe, the OHS Act requires that workplace parties resolve the situation internally. Workers also have the right to refuse unsafe work. Workers have the right to refuse unsafe work. Your employer cannot fire or discipline you for refusing unsafe work or for asking them to address a health and safety issue. But it is somewhat misunderstood and, in the context of COVID-19 is worth considering. Multiple workers can refuse to perform work they think could cause injury or illness, but each worker must make their own refusal and give their own reason when they report the refusal. Health and Safety: Your Right to Refuse Unsafe Work. Presently, employers and employees are seeking clarity on the third right, which is the right to refuse unsafe work. Under Saskatchewan’s Occupational Health & Safety legislation, an employee has the right to refuse unsafe work. Under Saskatchewan occupational health and safety law, you have the right to be safe at work. “The simple answer is, ‘Yes, you have to go back to work.’ But there are a couple of exceptions. All employees have the right to refuse work they believe is dangerous to their health or safety, or to that of others. All workers have the legal right to refuse unsafe work that either puts them in imminent danger, ... refuse work, an Occupational Health and Safety Alberta office will be notified and a request for an investigation must be made. These are unprecedented times, and workers are justifiably concerned about their health and safety as well as the health and safety of their families and communities. Tell your supervisor/manager that you are refusing to work because of a specific health or safety concern. It cannot be done on behalf of someone else. Exercising your right to refuse unsafe work is something that you must do individually. Please refer to the continued work refusal section below for more information. March 29, 2020. All provinces have laws allowing people to refuse dangerous work. It is an inherent part of the job, or a normal condition of a worker’s employment b. And one of those exceptions is the right to refuse unsafe work,” Rudner said. General Tips for Protection . Refuse to perform dangerous work. The danger may be to the employee or to any other person. WORKER Report the problem to supervisor. Under the Canada Labour Code, employees have the right to refuse to do a job if there is reasonable cause to believe that the job presents a danger to themselves or another employee. The right to refuse means that a worker can refuse to do work they have reason to believe is unsafe. If not, then: STEP 2. These Right to Refuse guidelines are designed to provide direction to managers, supervisors and employees with regard to their responsibilities for the refusal of unsafe work. "It is no different with COVID-19 times than it is any other time -- there's always been a right to refuse unsafe work," Rudner said. HOW THE RIGHT TO REFUSE WORKS Under Part 3 Division 5, Section 3.31 of the Saskatchewan Employment Act, you have the right to re-fuse unsafe, dangerous work. Right to Refuse Section 43 of the Manitoba Workplace Safety and Health Act explains the right to refuse. Refusing unsafe work. An Employees Right to Refuse Work . The posters can be used in worker orientation and in safety meetings, and they can be posted as an innovative way to promote safety awareness. Essential or Non-Essential? is one of the three basic health and safety rights achieved by the labour movement, along with the right to know about the hazards in your workplace, and the right to participate in workplace health and safety decisions. Under health and safety legislation, employees have the right to refuse dangerous work. In Saskatchewan, Section 3-31 of The Saskatchewan Employment Act gives workers the right to refuse dangerous work where a worker has reasonable grounds to believe that an act or a 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. Education Sector: Right to Refuse Unsafe Work. Some jurisdictions may require that the conclusion and/or reasons be set in writing. More information can be obtained from local ministry offices. Your rights include: The right to know about dangers in the workplace; The right to participate in workplace health and safety committees; The right to refuse unsafe work. While procedures and circum-stances around the right to refuse may vary from Registered Staff—Right to Refuse Work. Although the language, process, and details may differ from province to province and territory to territory, the right to refuse is a right that all Canadians have. According to the Saskatchewan Employment Act and Occupational Health and Safety, all workers have the right to refuse to do any specific job or task which they . 7 months ago. The right to refuse (along with the right to participate and the right to know) is a fundamental principle of our OHSA. The employer must then examine the situation, determine whether the right to refuse unsafe work is justified or not, and advise the employee (and any other required parties) of its decision and the reasons for it. If you are unsure about your safety at work, you should take the following steps: STEP 1.