Know Your Rights
A member has a right to say:
“If this discussion could in anyway lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my Union Representative be present at this meeting. Until my Representation arrives, I choose not to participate in this discussion.”
Right to Refuse Unsafe Work
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Under section 43(3) of the Occupational Health and Safety Act, an Employee may refuse work where he or she has reason to believe that there is a danger to their health or safety.
(3) A worker may refuse to work or do particular work where he or she has reason to believe that,
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(a) any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker;
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(b) the physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself;
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(b.1) workplace violence is likely to endanger himself or herself; or
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(c) any equipment, machine, device or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contravention is likely to endanger himself, herself or another worker. R.S.O. 1990, c. O.1, s. 43 (3); 2009, c. 23, s. 4 (2).
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(4) Upon refusing to work or do particular work, the worker shall promptly report the circumstances of the refusal to the worker’s employer or supervisor who shall forthwith investigate the report in the presence of the worker…”
Procedure for a work refusal
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First stage
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Worker considers work unsafe.
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Worker reports refusal to his/her supervisor or employer. Worker may also wish to advise the worker safety representative and/or management representative. Worker stays in safe place.
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Employer or supervisor investigates in the presence of the worker and the worker safety representative.
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Either:
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Issue resolved. Worker goes back to work.
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Issue not resolved. Proceed to the second stage
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Second stage
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With reasonable grounds to believe work is still unsafe, worker continues to refuse and remains in safe place. Worker or employer or someone representing worker or employer calls MOL.
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MOL Inspector investigates in company of worker, safety representative and supervisor or management representative.*
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Inspector gives decision to worker, management representative/supervisor and safety representative in writing.
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Changes are made if required or ordered. Worker returns to work.
You have the right to refuse unsafe work.
USE IT!
For more information, contact your Shop Steward or Executive Board Member.