Step 1 - Initial Refusal

August 8, 2023

The worker may refuse to perform work they believe is unsafe. The worker must report the refusal to their supervisor and union rep immediately. They must inform their supervisor that they cannot perform the work unless and until the hazard is corrected. Workers must remain at the worksite until ordered to leave or are reassigned other duties by their supervisor.

The refusing worker MUST IN THEIR OWN WORDS AND IN WRITING document that they are using their right to refuse dangerous work and the reason for the refusal.

The supervisor must immediately notify the union, where applicable, Human Resources (HR) Department, the worker co-chair of the Health and Safety Committee and the Divisional Safety Officer by email that a right to refuse has been initiated. Note: This is notification only – it is the responsibility of the employer co-chair and the Safety & Health (S&H) committee worker co-chair to attempt to resolve the right to refuse at Step 1.

The employer co-chair and the S&H committee co-chair must IMMEDIATELY investigate and determine a remedy (control measure) that may include: additional training, guarding, safe work procedures, changes to plans or protective measures for staff, etc., to fix the unsafe condition. The refusal must be dealt with as quickly as possible and cannot wait for any extended period of time to be dealt with. The supervisor can also seek assistance from the divisional S&H Officer to provide assistance and the school-based resource team if the refusal to work involves a student with special needs. Once the unsafe condition has been addressed the issue is considered resolved and the refusal to work has ended.

If the worker feels that the dangerous condition has been dealt with, the worker returns to work and the process is closed.

At this point the employer and worker S&H committee co-chairs are required to document the investigation and corrective measures that were implemented.
A copy is kept by the school and a copy is sent to the divisional Safety Officer.

If the worker feels that the dangerous condition still exists, alternative work is given to the refusing worker. If no work is available, the worker will continue to be paid for the hours they were scheduled to work. Reassigning the refusing worker to another student/task/location is a temporary measure and the worker is expected to return after the completion of the process.

A risk assessment must be done to determine if it is safe for other workers to perform the work/task. Another worker, that is qualified, can be assigned to perform the refused work or task if that worker has been advised by the refusing worker or a Department of Labour Officer of the reasons for the refusal. This can be accomplished by:

inspecting the dangerous condition and initiating remedial action to correct any dangerous conditions that have occurred;
supervisor/employer has advised the other worker in writing of the first workers refusal, the reasons for the refusal, their right to refuse and why the task does not present a safety and health risk to them;
where practicable, the workers speak to each other directly (face to face, phone, etc.) and the refusing worker advises the alternate worker of the right to refuse and the reasons for the refusal;
Department of Labour Safety & Health Officer explaining the refusal to the worker.

If another worker is doing the same work/task, the supervisor needs to provide the refusing worker’s document (their right to refuse and the reason why) to all workers who will be doing the same work/task. The supervisor must document on the form the names of other workers who read the document. Those workers must initial that they have read the document.

If another qualified worker, after reviewing the refusing workers documentation, agrees to carry out the work and the work is completed, the matter is considered resolved to the satisfaction of the worker who initiated the work refusal and the right to refuse is completed.

STEP 2 - INVOLVEMENT OF THE DIVISIONAL SAFETY OFFICER