Human Resources and Skills Development Canada
Symbol of the Government of Canada

Labour

www.labour.gc.ca

Pamphlet 4 - Right to Refuse Dangerous Work

Publication Number: (LT-095-11-04)

5. What happens if a Health and Safety Officer decides there is danger?

Then the health and safety officer will give a direction in writing to the employer to correct the situation. In addition, the health and safety officer may issue a direction to the employee(s) involved.

6. How is a request for the review of a Health and Safety Officer's direction initiated?

Any employer, employee, or trade union that feels aggrieved by a health and safety officer's direction has thirty (30) calendar days from the date the direction was issued to ask the nearest Human Resources and Social Development Canada, Labour Program office for an appeals officer to review the direction. This request must be made in writing. You may contact the Labour Program's district or regional office in your area to obtain the most current address for the appeals officer.

The appeals officer can either vary, rescind or confirm the health and safety officer's direction or issue their own direction as they consider appropriate.

The decision of an appeals officer is final. However, you can appeal a decision of an appeals officer in accordance with the Federal Court Act.

It is important for the employer to know that

  • unless otherwise ordered by an appeals officer, while a direction is being reviewed, the employer must still comply with the direction; and
  • until your employer has complied with the direction, you don't have to do the job in question.

7. Can an employer take action against an employee for refusing to do dangerous work?

The Canada Labour Code gives the employee the right to complain to the Canada Industrial Relations Board (the Board) or, if a public servant, the Public Service Labour Relations Board (PSLRB), (formerly the Public Service Staff Relations Board (PSSRB) about improper dismissal, lay off, suspension or other penalty.

The Code now allows an employer to only take disciplinary action against an employee who misuses or abuses their right to refuse dangerous work.

The employee may request from the employer, the reasons for any disciplinary action taken. Once such a request has been made, the employer must provide written reasons to the employee within fifteen (15) working days.

An employee has ninety (90) calendar days from the time of such an action to make a complaint to the Board. In order to be protected by the Code, you must have followed the procedure laid out in the Code.

If an employee complains to the Board that undue disciplinary action has been taken because of having exercised their right to refuse dangerous work, it will be up to the employer to prove that this is not so.

The Board will make the final decision to resolve the situation. However, the employee can appeal the Board's decision to the Federal Court.

Refusal to work 128.(1)

Report to employer 128.(6)

Settled. The employer shall take immediate action and inform the work place committee of the matter and the action taken to resolve it - 128.(8)

Not settled. Continued refusal - 128.(9). The employee shall report to the employer and to the work place committee.

The employer shall investigate in the presence of the employee and one member or if no person is available, one person selected by the employee - 128.(10)

Continued refusal to work - 128.(13). The employee shall inform the employer. The employer shall notify a health and safety officer and inform the work place committee or the health and safety representative - 128.(14)

Investigation by the health and safety officer - 129.(1) in the presence of the employer, the employee and one employee member of the work place committee.

Decision as to whether danger exists. Written notification - 129.(4) Directions in writing - 145.(2) as mentioned in 145.(1) and (1.1)

Appeal decision: 10 days - 129.(7) Appeal direction: 30 days - 146.(1) Complaint received as a result of disciplinary action: 90 days - 133.(2)

Abuse of right to refuse Repayment - l28.l(1) and (4) Disciplinary action - 147.1(1)

On request, an Appeals Officer may adjourn a direction - 146.(2)

Remember

It is very important to follow the procedure when the employee refuses to do dangerous work.

In order to exercise the right to refuse, you must have reasonable cause to believe that a condition at work is a danger to you or that the use of a machine or thing at work presents a danger to you or to another employee.

The right to refuse dangerous work should not be abused. It is there to protect the employee.

If you have any questions about the right to refuse dangerous work or other matters related to your health and safety in the work place, contact the Human Resources and Social Development Canada, Labour Program office closest to you

Footer

Date Modified:
2012-05-01