Step 3 - Involvement of Dept. of Labour Safety Officer

If the actions of step one and two have failed to remedy the right to refuse situation then a Department of Labour, Workplace Safety & Health Division Officer will be required to investigate the situation and make a final decision. The Department of Labour Safety Officer may require:

• an in-person meeting;
• telephone interviews;
• submission of pertinent documents.

If an in-person meeting is requested the officer will notify the principal and the principal will notify all other parties to set up the meeting.  The meeting will need to take place as soon as possible.  The officer will:

• investigate the work refusal;
• decide whether the work constitutes a danger to the safety or health of the worker and determine if there is a hazard;
• consider the resolution options and recommendations from the supervisor and committee representative;
• consider the resolution options and recommendations provided by Divisional S&H Officer and determine if the hazard has been controlled.

If the officer decides that the work is not dangerous, the officer will:

• inform the employer and the worker of their decision;
• inform the worker that he or she is no longer entitled to refuse to do the work.

If the officer finds that no hazard exists, the worker must return to work as soon as possible. The worker is returned to that specific student/task/location. The worker is reinstated.

• The right to refuse is closed.
• The officer’s ruling is final and is binding.
• The worker and supervisor sign the Department of Labour report.
• A copy is posted on the Safety & Health Committee bulletin board and another copy is kept with the investigation.  An additional copy is sent to the divisional Safety Officer.  

If the officer decides that the employer has not adequately addressed the safety concern, the officer will:

• write an improvement order or a stop work order (dangerous condition);
• the employer has a timeline for the completion of the improvement order.

The employer is responsible for the completion of the order in the set time provided and the officer must be notified when the order has been completed.  The officer may also choose to do an inspection to ensure that the condition has been remedied and that the employer has complied with the improvement order.  The refusal will not be closed until the officer has received proof that the requested work has been done.

If a stop work order is issued, work cannot be resumed until the officer is satisfied that the employer has remedied the unsafe condition. The officer may perform an inspection to ensure that the employer has complied.  After the right to refuse case is closed, the officer will send their report to the principal and to the divisional Safety Officer. The refusing worker must also be given a copy of the report from the principal.