 Section 128. of the
Canada Labour Code Part II gives workers the right to
refuse unsafe work. The following steps outline the
procedure to be followed when invoking your rights under
this section of the Code. It should be noted that the
refusal must not put the life, health or safety of
another person directly in danger.
- Step 1
If you have reasonable cause to believe that your
health and/or safety, or that of another employee is
in jeopardy, you have the right to refuse unsafe
work. If you refuse, you must notify the employer.
If the employer agrees that there is a danger, they
must take immediate steps to protect the employees
from danger and must inform the work place committee
or the health and safety representative of the
matter and the action taken to resolve it.
- Step 2
If the matter is not resolved as noted above, the
employee may continue to refuse and the employee
must, without delay, report the circumstances of the
matter to the employer and the work place committee
or the health and safety representative.
- Step 3
The employer must immediately upon being informed of
the continued refusal, investigate the matter in the
presence of the employee who reported it and of:
(a) at least one member of the work place committee
who does not exercise managerial functions;
(b) the health and safety representative; or
(c) if no person is available as noted above, at
least one person from the work place who is selected
by the employee.
- Step 4
If more than one employee has made a report of a
similar nature, those employees may designate one
employee from among themselves to be present at the
investigation. ("Group" refusal).
- Step 5
The employer may proceed with an investigation in
the absence of the employee who reported the matter
if that employee or a person designated by them
chooses not to be present.
- Step 6
If an employer disputes a matter reported as noted
above or has taken steps to protect employees from
the danger, and the employee has reasonable cause to
believe that the danger continues to exist, the
employee may continue to refuse. On being informed
of the continued refusal, the employer shall notify
a health and safety officer.
- Step 7
Where an employee makes a report under subsection
(6), the employee, if there is a collective
agreement in place that provides for a redress
mechanism in circumstances described in this
section, shall inform the employer, in the
prescribed manner and time if any is prescribed,
whether the employee intends to exercise recourse
under the agreement or this section. The selection
of recourse is irrevocable unless the employer and
employee agree otherwise.
- Step 8
Upon being notified of a continued refusal, and
without delay, a health and safety officer must
investigate the matter in the presence of the
employer, the employee and one other person who is
(a) an employee member of the work place committee;
(b) the health and safety representative; or
(c) if a person who was designated in the case of a
"group" refusal is not available, another employee
from the work place who is designated by the
employee.
- Step 9
Upon being notified of a continued refusal, and
without delay, a health and safety officer must
investigate the matter in the presence of the
employer, the employee and one other person who is
(a) an employee member of the work place committee;
(b) the health and safety representative; or
(c) if a person who was designated in the case of a
"group" refusal is not available, another employee
from the work place who is designated by the
employee.
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