Right to Refuse unsafe work

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# Correction of Unsafe Conditions (cont.) ## Procedure for refusal (cont.) WORKERS COMPENSATION ACT Part 3 - Rights and Responsibilities # OCCUPATIONAL HEALTH AND SAFETY REGULATION B.C. Reg. 296/97 (c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker. (5) If the investigation under subsection (4) does not resolve the matter and the worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, both the supervisor, or the employer, and the worker must immediately notify an officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary. [am. B.C. Regs. 185/99, S. 19; 116/2022, App. B, S. 2.] ## Reassignment of refused work - 3.12.1 If a worker refuses work under section 3.12, the employer must not require or permit another worker to do the refused work unless (a) the matter has been resolved under section 3.12 (3), (4) or (5), or (b) the employer has, in writing, advised the other worker and a person referred to in section 3.12 (4) (a), (b) or (c) of all of the following: (i) the refusal; (ii) the unsafe condition reported under section 3.12 (2); (iii) the reasons why the work would not create an undue hazard to the health and safety of the other worker or any other person; (iv) the right of the other worker under section 3.12 to refuse unsafe work. [en. B.C. Reg. 116/2022, App. A, S. 1.] - No prohibited action - 3.13 (1) A worker must not be subject to prohibited action as defined in section 47 of the Workers Compensation Act because the worker has acted in compliance with section 3.12 or with an order made by an officer. (2) Temporary assignment to alternative work at no loss in pay to the worker until the matter in section 3.12 is resolved under section 3.12 (3), (4) or (5) is deemed not to constitute prohibited action. [am. B.C. Regs. 1…

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# OCCUPATIONAL HEALTH AND SAFETY ACT (cont.) ## Health and safety representative (cont.) Section 15 # OCCUPATIONAL HEALTH AND SAFETY ACT Chapter O-2.2 2020 agent or has acquired bargaining rights on behalf of the employer's workers, designate a worker, who is not associated with the management of the employer, as the health and safety representative (a) if that employer regularly employs 5 to 19 workers, or (b) at any work site designated by a Director. (2) If there are 5 to 19 workers in total from 2 or more employers regularly employed at a work site, all employers shall coordinate the designation of a health and safety representative for that work site. (3) Subsection (2) does not apply to a work site where a prime contractor has been designated. (4) The health and safety representative shall, in cooperation with a representative of the employer, perform the same duties, with any necessary modifications, as set out for the joint health and safety committees in section 13(6). (5) A health and safety representative shall carry out all duties and functions during normal working hours. (6) An employer that is required to designate a health and safety representative under this section may establish a joint health and safety committee under section 13 instead of designating a health and safety representative. ## Inspection of work site with officer 15 When an officer inspects a work site, the officer may request any member of the joint health and safety committee, their designates or a health and safety representative to be present at that inspection. - Health and safety program 16 An employer who regularly employs 20 or more workers or on the direction of a Director shall, subject to the OHS Code, establish and implement a health and safety program. ## Part 3 Dangerous Work and Disciplinary Action ## Right to refuse dangerous work 17(1) In this section, "undue hazard" in relation to any occupation includes a hazard that poses a serious and immedi…

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# Health and Safety Legislation in Canada - Basic Responsibilities (cont.) ## What are the general responsibilities of governments? (cont.) - Investigations (e.g., incidents involving serious injuries or deaths, work refusals, or complaints). - Dissemination of information. - Promotion of training, education, and research. - Resolution of occupational health and safety disputes. - Issuing orders or pursuing prosecution when there is a contravention of the legislation ## What are the workers' rights and responsibilities? Worker responsibilities include the following: - Work in compliance with applicable legislation. - Use personal protective equipment, clothing, and devices as directed by the employer. - Report workplace hazards, incidents, and occupational diseases to the supervisor or employer. - Work in a safe manner as required by the employer and use the prescribed safety equipment. - Tell the supervisor or employer about any missing or defective equipment or protective device that may be dangerous. Workers have the following three basic rights: - Right to refuse unsafe work. - Right to participate in workplace health and safety activities (e.g., through hazard reporting, being a member of the health and safety committee or as a worker health and safety representative). - Right to know, or the right to be informed about, actual and potential hazards in the workplace and how to work safely. ## What are the manager or supervisor's responsibilities? The manager or supervisor must: - Make sure workers work in compliance with legislation. - Make sure that workers use prescribed protective equipment, clothing, and devices. - Inform workers of potential and actual hazards. Health and Safety Legislation in Canada - Basic Responsibilities CCOHS

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CCOHS CCHST Canadian Centre for Occupational Health and Safety Centre canadien d'hygiène et de sécurité au travail # Health and Safety Legislation in Canada # Health and Safety Legislation in Canada - Right to Refuse ## On this page Who can refuse work? Can every worker exercise their right to refuse? What type of work can I refuse? What is "reasonable cause"? What does the work refusal process look like? What happens when an inspector is notified? Can the employeer assign someone else to do the work after a worker has refused? Can the worker get in trouble for refusing work? What if my concern is not immediately. dangerous? Where can I find more information? ## Who can refuse work? All workers have the right to refuse work if they have reason to believe the work is unsafe or dangerous to themselves or others. It's important to acknowledge that to refuse unsafe work, the employer, or someone acting on behalf of the employer, must ask the worker to do something that the worker believe is an immediate danger to their or a co-worker's health and safety. The worker must also be present in the workplace and be familiar with the hazard(s). The right to refuse is normally used when the other rights such as right to participate and the right to know have failed to ensure adequate health and safety. Exercising the right to refuse unsafe or dangerous work must be used for serious and imminent hazards and should not be used as a method of solving routine workplace problems. Other hazard reporting. processes are in place that should be considered first. When ever possible, speak with a supervisor, health and safety committee or representative, employer, or union (if present) before refusing to work. Health and Safety Legislation in Canada - Right to Refuse CCOHS

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# OCCUPATIONAL HEALTH AND SAFETY ACT (cont.) Section 18 # OCCUPATIONAL HEALTH AND SAFETY ACT Chapter O-2.2 2020 (12) The employer shall give a copy of the report completed under subsection (11) to the worker who refused work under subsection (2), the joint health and safety committee if there is one and the health and safety representative if there is one. (13) If a worker who receives a report under subsection (12) is of the opinion that an undue hazard still exists, the worker may notify an officer. (14) Where the employer becomes aware that a notification to an officer was made under subsection (13), the employer shall advise any other worker that the employer assigns to do the work, in writing, of (a) the first worker's refusal, (b) the reasons for the refusal, and (c) the reason why, in the opinion of the employer, the work does not constitute an undue hazard to the health and safety of any person or that an undue hazard is not present. (15) An officer who receives a notification under subsection (13) shall investigate the matter and prepare a written record of the investigation and the officer's findings, and shall give the joint health and safety committee if there is one, the health and safety representative if there is one, the worker and the employer a copy of the record. - Where disciplinary action prohibited 18 No person shall take any disciplinary action against a worker by reason of that worker acting in compliance with this Act, the regulations, the OHS Code or an order issued under this Act. - Disciplinary action complaint - 19(1) A worker who has reasonable cause to believe that the worker has been subjected to disciplinary action in contravention of section 18 may file a complaint with an officer within 180 days after the alleged contravention occurs, but not afterwards. (2) An officer who receives a complaint under subsection (1) shall, subject to subsection (3), prepare a written report of the worker's complaint, the i…

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# If the employer agrees (cont.) ## What happens when an inspector is notified? (cont.) There may be an appeal process in the event the worker or employer disagree with the inspector's findings. ## Can the employeer assign someone else to do the work after a worker has refused? Yes, but under specific conditions. While waiting for the investigation and decision of an inspector, another worker can be assigned that task as long as the new worker has been advised of the first work refusal and the reasons why it was refused. ## Can the worker get in trouble for refusing work? No. It is against the law for an employer to punish, or threaten to punish, a worker for exercising their rights under the Act, or complying with the Act and Regulations of their jurisdiction. Some legislation, for example the Canada Labour Code, allows employers to take disciplinary action against a worker who abuses their right to refuse dangerous work. This action may only be done after all investigations and appeals have been completed. The worker must be able to prove that they exercised their right because of reasonable grounds to believe that completing the work would be a danger. What if my concern is not immediately dangerous? If the hazard, condition, or activity is not reasonably expected to be an imminent or serious threat to the health or safety of a worker, then the right to refuse may not be appropriate. Legislation requires workers to report any unsafe conditions or hazards to their supervisor or employer. If a worker believes that there is a hazard in the workplace that is unsafe but there is not an immediate danger, they must report it to the employer, supervisor, or health and safety committee or representative. The employer is responsible for investigating the concern. If the concern is not addressed by the employer, you should bring the concern to the health and safety committee or representative if present in your workplace. If there is no health and safety committ…

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# What should a newcomer know about occupational health and safety laws in Canada? (cont.) ## What are the rights of workers? (cont.) The right to know means that as a worker, you have the right to be informed by the employer of known or likely hazards in the workplace, and to be provided with the information, instructions, education, training, and supervision necessary to protect your health and safety. This information should be provided before the work begins. ## Right to Participate This right allows workers to have input on the steps taken by the employer to ensure health and safety. Workers can provide input on what would make the workplace safe by: - participating as a member of the health and safety committee (if the workplace requires one). - being a health and safety representative for the workplace when given the opportunity. - reporting any concerns whenever you encounter a health and safety matter that could cause harm to your health and safety or the health and safety of your co-workers. - making suggestions to the committee or employer on how to make your workplace safer. Please see the various OSH Answers documents about Health and Safety Committees for more information about a committee's duties and responsibilities. ## Right to Refuse Any worker has the right to refuse unsafe or dangerous work as long as they have "reasonable cause" to believe that the work presents an immediate, imminent, or serious threat to the health or safety of themselves or another person. Generally speaking, unsafe or dangerous work can include working with or near equipment or machinery, the physical condition of the workplace, or not having the appropriate training or qualifications to perform the work safely. It may also include exposure to workplace violence that may endanger a worker. Please see the OSH Answers Health and Safety Legislation in Canada - Three Rights of Workers and Health and Safety Legislation in Canada - Right to Refuse for more inform…

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# OCCUPATIONAL HEALTH AND SAFETY REGULATION (cont.) ## General requirement (cont.) B.C. Reg. 296/97 WORKERS COMPENSATION ACT OCCUPATIONAL HEALTH AND SAFETY REGULATION Part 3 - Rights and Responsibilities # Correction of Unsafe Conditions ## Remedy without delay 3.9 Unsafe or harmful conditions found in the course of an inspection must be remedied without delay. [am. B.C. Reg. 185/99, S. 18.] ## Reporting unsafe conditions 3.10 Whenever a person observes what appears to be an unsafe or harmful condition or act the person must report it as soon as possible to a supervisor or to the employer, and the person receiving the report must investigate the reported unsafe condition or act and must ensure that any necessary corrective action is taken without delay. [am. B.C. Reg. 185/99, S. 18.] ## Emergency circumstances 3.11 If emergency action is required to correct a condition which constitutes an immediate threat to workers only those qualified and properly instructed workers necessary to correct the unsafe condition may be exposed to the hazard, and every possible effort must be made to control the hazard while this is being done. [am. B.C. Reg. 185/99, S. 18.] ## Refusal of Unsafe Work ## Procedure for refusal - 3.12 (1) A person must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person. (2) A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (1) must immediately report the circumstances of the unsafe condition to the worker's supervisor or employer. (3) A supervisor or employer receiving a report made under subsection (2) must immediately investigate the matter and (a) ensure that any unsafe condition is remedied without delay, or (b) if, in the supervisor's or employer's opinion, the re…

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# Health and Safety Legislation in Canada - Right to Refuse (cont.) ## Can every worker exercise their right to refuse? There may be some situations where the right to refuse work is limited. If not doing the task puts the life, health, or safety of another person directly in danger, or if the danger is a normal condition of employment, the worker may not be able to refuse work. For example, an on-duty firefighter cannot refuse to respond to a building on fire. ## What type of work can I refuse? Any worker has the right to refuse unsafe or dangerous work as long as they have "reasonable cause" to believe that the work presents an immediate, imminent, or serious threat to the health or safety of themselves or another person. Generally speaking, unsafe or dangerous work can include working with or near equipment or machinery, the physical condition of the workplace, or not having the appropriate training or qualifications to perform the work safely. It may also include exposure to workplace violence that may endanger a worker. ## What is "reasonable cause"? The legislation about the right to refuse usually refers to "reasonable grounds to believe" or "reasonable cause to believe". "Reasonable grounds" or "reasonable cause" means that the worker truly believes that the work will cause themself, or someone else, harm. This belief is more than having a hunch or suspicion, it is honestly believing that an event is possible or likely to occur. There must be a true belief that if the worker is to do the task, there would be a serious and immediate threat to themselves or others. Reasonable grounds would include any dangerous act that is not a normal condition of employment that the worker has been asked to do. ## What does the work refusal process look like? The process to use to resolve a work refusal varies slightly from one jurisdiction to another. The following describes the general steps. Always consult the legislation that applies in your situation, and wit…

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# WORKERS' RIGHT TO REFUSE DANGEROUS WORK: INFORMATION FOR EMPLOYEES AND EMPLOYERS ## Employers Discrimination protections and the employee's right to refuse dangerous work The Oregon Safe Employment Act and ORS 659A (Unlawful Discrimination in Employment) prohibit discrimination by an employer against an employee for exercising certain protected rights - including the right to refuse to perform work tasks that could result in death or serious physical harm. ORS 654.062(6) of the OSEA grants BOLI the authority to investigate and enforce employee complaints of discrimination related to ORS 654.062(5), which includes employees' right to refuse dangerous work tasks under OAR [redacted phone](1)(b). Key Oregon resources and rules addressing work refusal ● BOLI discrimination at work - BOLI file a complaint • OAR [redacted phone] - Oregon OSHA discrimination complaint rule text • OAR [redacted phone] to [redacted phone] - Oregon BOLI discrimination complaint rule text Workers Your employer cannot retaliate against you for reporting a workplace health or safety concern or violation. For more information about your rights, visit the Oregon Visit Oregon OSHA OSHA website. The Technical Section of Oregon OSHA produced this fact sheet to highlight health and safety programs and rules. The information is intended to explain the rules and provide best practices to employers. OSHA Oregon OSHA Department of Consumer and Business Services # osha.oregon.gov OR-OSHA (06/24) FS-101 OREGON 1859

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WORKER HEALTH AND SAFETY ⑪FACT SHEET Workers' right to refuse dangerous work: Information OSHA Oregon OSHA for employees and employers Department of Consumer and Business Services Workers in Oregon can file a complaint with Oregon OSHA concerning a hazardous working condition at any time. The Oregon Safe Employment Act (OSEA) protects workers from discrimination or retaliation by their employer for engaging in protected activities under Oregon Revised Statute (ORS) 654.062. Protected activities covered by the OSEA include reporting a work-related injury or illness, raising a workplace safety concern, filing a complaint with Oregon OSHA, participating in an Oregon OSHA investigation, and refusing hazardous work tasks. Oregon OSHA's rules against retaliation and discrimination - Oregon Administrative Rule (OAR) [redacted phone] - are enforced by the Oregon Bureau of Labor and Industries (BOLI) via OAR [redacted phone] to [redacted phone]. ## Employees You have the right to refuse to perform a dangerous work task that would put you at real risk of death or serious physical harm under the following circumstances: 1. Where possible, you asked your employer to correct the hazardous condition, but your employer does not correct it, and 2. You risk imminent danger or serious physical harm if you are exposed to the hazardous condition, and 3. There is not enough time, due to the urgency of the situation, to get the hazardous condition corrected through regulatory authorities such as an Oregon OSHA complaint investigation. Oregon OSHA's definition of a "hazard" does not distinguish between human-made or natural hazards. If a condition is capable of causing illness or injury to a worker, it is a potential occupational hazard. Therefore, if dangerous work meets all the circumstances of OAR [redacted phone](1)(b), it does not matter if it is environmental, biological, or human- made, it would be covered under this rule. If your employer retaliates or discriminates aga…

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# Health and Safety Legislation in Canada - Right to Refuse (cont.) ## What does the work refusal process look like? (cont.) *** # If the employer agrees The employer takes corrective action and when the corrections are completed, the worker returns to work. ## If the employer disagrees The employer provides the worker the reason why they disagree with the work refusal. Some jurisdictions require a written explanation that describes why the employer disagrees. If the worker agrees with the employer's explanation and reasoning, they will return to work. ## Involvement of Committee Most jurisdictions require that a health and safety committee or representative be called to help investigate the work refusal at this step, along with the employer and the original worker who refused the work. The employer may again opt to agree or disagree that the health or safety of a worker is endangered. ## Calling an inspector If agreement cannot be reached, it becomes necessary to notify an inspector from your local occupational health and safety jurisdiction NOTE: The employer may assign reasonable alternative work to the worker during this time. NOTE: If the worker is a member of a union, how work refusals are dealt with may be covered under the collective agreement. There may be an option to pursue the refusal under the collective agreement or under the OHS legislation. ## What happens when an inspector is notified? The inspector will investigate the refusal and consult with the worker refusing the work, the health and safety committee member or representative, and the employer. The inspector will make the decision about any corrective actions and issue these directions to the employer, if required. The worker returns to that task after the corrective actions are implemented, or after the inspector deems the activity is safe. The inspector may explain their findings to both the employer and worker. Health and Safety Legislation in Canada - Right to Refuse CCOHS

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# Health and Safety Legislation in Canada - Basic Responsibilities (cont.) ## What does the legislation say about forming health and safety committees? (cont.) - Be co-chaired by one management chairperson and one worker chairperson. - Make sure worker representatives are elected or selected by the workers or their union. Workplaces with less than 20 regularly employed workers may not need a committee but may be required to have a health and safety representative instead. Refer to the relevant occupational health and safety legislation to learn about when a committee or representative is required. Refer to the OSH Answers on Health and Safety Committees for more information. ## What is the role of the health and safety committee? The role of health and safety committees can include to: - Act as an advisory body. - Identify potential and actual hazards and obtain information about them. - Recommend corrective actions. - Assist in resolving work refusal cases. - Participate in investigations (e.g., incidents, work refusals) and workplace inspections. - Be present for health and safety-related testing. ## What happens when there is a refusal to work? A worker can refuse work if they believe that the situation is unsafe to either themself or their co-workers. When a worker believes that a work refusal should be initiated, then - The worker must report to their supervisor that they are refusing to work and state why they believe the situation is unsafe. - The worker, supervisor, and a committee member or worker representative will investigate. - The worker returns to work if the problem is resolved with mutual agreement. - If the problem is not resolved, a government health and safety inspector is called. - The inspector investigates and gives a decision in writing. See the OSH Answers document "Health and Safety Legislation in Canada - Right to Refuse" for more information. Health and Safety Legislation in Canada - Basic Responsibilities CCOH…

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# OCCUPATIONAL HEALTH AND SAFETY ACT (cont.) ## Right to refuse dangerous work (cont.) Section 17 # OCCUPATIONAL HEALTH AND SAFETY ACT Chapter O-2.2 2020 (2) Subject to this section and section 5, a worker may refuse to work or to do particular work at a work site if the worker believes on reasonable grounds that there is an undue hazard at the work site or that the work constitutes an undue hazard to the worker's health and safety or to the health and safety of another worker or another person. (3) When exercising a right to refuse to work or to do particular work under subsection (2), a worker shall ensure, as far as it is reasonable to do so, that the refusal does not endanger the health and safety of any other person. (4) A worker who refuses to work or to do particular work under subsection (2) shall promptly report the refusal and the reasons for it to the worker's employer or supervisor or to another person designated by the employer or supervisor. (5) An employer who receives a report under subsection (4) shall, as soon as possible, inform the joint health and safety committee, if there is one, or the health and safety representative, if there is one, of the report. (6) The employer may require a worker who has made a report under subsection (4) to remain at the work site and may assign the worker temporarily to other work assignments that the worker is reasonably capable of performing. (7) A temporary assignment under subsection (6), if there is no loss in pay, is not disciplinary action for the purposes of section 18. (8) If the employer does not remedy the alleged undue hazard immediately, the employer shall, after discussing the matter with the worker who refuses to work or do particular work under subsection (2), immediately inspect the alleged undue hazard. (9) The employer required to inspect under subsection (8) shall take any action necessary to remedy any undue hazard, or ensure that such action is taken. (10) When a worker has refuse…