Unsafe Work (The Right to refuse unsafe work)

What is unsafe work?

Unsafe work is work that involves an "unusual danger". An unusual danger can be, for example,

a danger that's not normal for that type of work, or

a danger that would normally stop work, or

a situation in the work for which the worker's not properly trained, equipped or experienced.

Can I refuse to do unsafe work?

Yes, a worker can refuse work that she or he believes, on reasonable grounds, is unusually dangerous to herself or himself, or anyone else. Saskatchewan's Occupational Health and Safety Act explains this.

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 and the worker health and safety representative, if there is one, the refusal of work and the related safety concern. Remaining 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 and the worker investigate the work.

The worker returns to work after she or he is shown that the work is not unusually dangerous, and she or he is satisfied that this is the case. Or the worker returns to work after the work is fixed, and she or he is satisfied that the work is no longer unsafe.

On the other hand, if the worker continues to believe the work is unsafe, and disagrees with the supervisor over this, then another investigation takes place.

2. Joint investigation

If there's a health and safety committee, it makes an investigation with the supervisor and the worker.

The worker returns to work if the occupational health and safety committee unanimously agrees the work is no longer unsafe. The worker returns to work only if she or he is in agreement with the committee, and is satisfied that the work is not unsafe. Otherwise, the worker can continue refusing the work until a decision is made in the next investigation.

3. Officer's investigation

The worker calls Saskatchewan Labour's Occupational Health and Safety Division if

there's no health and safety committee, or

the health and safety committee cannot solve the problem, or

the worker disagrees with the health and safety committee.

An employer may also call Saskatchewan Labour's occupational Health and Safety Division to investigate if the employer disagrees with the OHC's decision. The phone number, free of charge, is 1-800-667-5023, or 1-800-567-7233.

An officer from the Occupational Health and Safety Division investigates the refusal, and gives a written decision to the worker if the work is not found to be unusually dangerous. The worker returns to work, then. Otherwise, the worker waits until the supervisor has the work repaired, according to the officer's decision. Then the worker returns to work when she or he is satisfied that it is no longer unsafe.

Will I be paid while I refuse unsafe work?

Yes. Until the investigation and repairs are complete, the refusing worker can be assigned to do other work, at no loss of pay.

Can my supervisor assign the refused work to another worker?

Not unless the supervisor tells the other worker, in writing, of

the refusal, and the reasons for it, and

the reasons why the supervisor believes the other worker can do the refused work in a healthy and safe way, and

the other worker's right to refuse the work.

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 for a supervisor or employer in Saskatchewan to discipline or dismiss a worker for refusing work she or he believes, on reasonable grounds, is unusually dangerous.

A worker who suspects that she or he has been disciplined or dismissed for refusing unsafe work can call an officer at the Occupational Health and Safety Division at Saskatchewan Labour. For a unionized worker, the matter can be settled by arbitration under the worker's collective agreement.

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