Unsafe Work (The Right to refuse unsafe work)

What is unsafe work?

Unsafe work is work that involves an "unusual danger". In other words, work that involves a danger not normally found in that kind of work. Unsafe work can also be work that involves a danger that's not found in the work when it's normally done.

Can I refuse to do unsafe work?

Yes, a worker has the right to refuse work that she or he believes is dangerous to herself or himself, or dangerous to another person - someone who's at the workplace, or elsewhere. Nunavut's Safety Act explains this.

Can all workers refuse unsafe work?

Mine workers can refuse unsafe work under different circumstances. The refusal of unsafe work for mine workers is explained in the Mine Health and Safety Act.

What's the proper procedure if I'm going to refuse unsafe work?

1. Reporting and remaining on site for the supervisor's investigation

The worker's priority is reporting immediately to the supervisor the refusal to work, and the related safety concern. Staying on site for the shift, while taking every measure to report the refusal minimizes complications down the road.

After the worker reports the refusal, the supervisor investigates it with the worker, and a worker health and safety representative from the union. If there's no union, the refusing worker chooses a co worker to join the supervisor's investigation.

The supervisor has the work repaired in front of the worker and her or his co worker, or the worker representative from the union. Then the supervisor explains the repair to the worker.

If the worker continues to believe that the work is unsafe, and disagrees with the supervisor over this, then the worker can continue to refuse the work. To solve the disagreement, the work is investigated again.

2. Health and safety committee's investigation

The worker reports the refusal and the safety concern to the health and safety committee.

The committee investigates the work with the worker and the supervisor. The health and safety committee has unsafe work fixed by the supervisor. Satisfied that the work is safe, the committee tells the worker. The worker returns to work only after being told by the committee that the work is safe.

3. Officer's investigation

In certain workplaces, there is no health and safety committee. If this is the case, or if the worker disagrees with the health and safety committee, then the worker reports the refusal to the Chief Safety Officer at the Workers' Compensation Board. Contact information is available online from the Workers' Compensation Board (NWT & Nunavut).

An officer from the Workers' Compensation Board investigates the work with the worker and the supervisor. The officer has unsafe work fixed by the supervisor. When the officer is satisfied that the work is safe, she or he tells the worker. The worker returns to work only after being told by the officer that the work is safe.

Will I be paid while I refuse unsafe work?

During a refusal, a refusing worker can be assigned to do other work. Unionized workers' work reassignment follows the details in the collective agreement.

For this other work, the worker receives her or his regular rate of pay. Even if other work hasn't been assigned, the worker receives her or his regular rate of pay for staying at the workplace during normal working hours.

Can my supervisor assign the refused work to another worker?

A decision from the health and safety committee or the officer from the Workers' Compensation Board stating that the work is unsafe means that no worker can be assigned to do that work until it is fixed.

Can I be fired or disciplined for refusing work I believe is unsafe?

Workers' hesitation to use the right to refuse is well grounded, since refusing workers sometimes do get fired or disciplined. Following the steps of the refusal procedure helps a refusing worker to protect her or his job. Still, it's illegal in the Northwest Territories for an employer or supervisor to threaten, discipline or fire a worker for refusing work she or he believes is unsafe.

A worker who suspects that she or he has been disciplined or dismissed for refusing unsafe work can report it to the Chief Safety Officer at the Workers' Compensation Board. Contact information is available online from the Workers' Compensation Board (NWT & Nunavut).

Find out more about:

~ Occupational Health and Safety Contacts

Find out more about:

~ Occupational Health and Safety Contacts

Find out more about:

~ Occupational Health and Safety Contacts

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Last Updated: 16.01.07