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Health & Safety Unsafe Work (The Right to refuse unsafe work) It's that moment of hesitation at work, when we've all paused and wondered: is the work I've been assigned to do actually safe?
Across Canada, the right to refuse unsafe work is set firmly in the law books. The right to refuse lets a worker step away from work she or he believes is unsafe. The right allows the worker to have the refused work investigated, and repaired if it's dangerous. During the investigation and repair, the right provides that the worker receives pay. And with the right to refuse, a worker is protected from an employer's possible reprisal, since it's illegal for an employer to fire or discipline a worker who refuses work she or he believes is unsafe. Occupational health and safety law explains this.
While the right to refuse unsafe work is available through the law, in reality, it's a right that's difficult for workers to use. There are precise rules to follow if the right is to be exercised. And in each province and territory, the law differs in detail. Here's some information on the right to refuse unsafe work. It isn't advice. Rather, it's a guide to the law. To learn more, click on the provincial, territorial or federal tab for the law that applies to your workplace. If you're unsure whether your workplace falls under federal law, read Which Law Covers You.
Unionized workers with a safety concern can check their collective agreement or speak to a union steward. If there's a work refusal, collective agreements specify the steps to take in different detail than the law. Unions bargain into collective agreements stronger safety standards and better enforcement mechanisms compared to the minimum standards in the law, and weakening enforcement that sometimes results with a change in government.
Workers can make certain safety in the workplace is a priority by using workers' rights.
Learn about the right to participate as a worker representative in decisions affecting workplace health and safety. And learn more about the workers' right to know about workplace hazards. |
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