Work Refusal Policy

Work Refusal – Steps To Follow Purpose / Scope In keeping with company policy and under the regulations of the Occupational Health and Safety Act, an employee of ______has the right to refuse to work if they have reason to believe the work is dangerous because the equipment, machinery or physical condition of the workplace are likely to endanger an employee or contravene the Occupational Health and Safety Act or regulations. (NB The Act does not entitle an employee to refuse to work due to the anticipated or actual conduct or health of another employee.) (OH&SA sections 43(3), (4), (5) & (6) & 45(1), (2), (3) & (4)). When an employee wants to refuse work under the circumstances described the employee, supervisors and management should conduct themselves according to the guidelines below so the situation can be resolved in an efficient, timely manner. Procedure: 1. The employee should immediately inform their Supervisor of their refusal and the circumstances 2. The Supervisor is to immediately contact a worker representative of the JHSC for assistance. 3. In the presence of the employee, the Supervisor and the JHSC representative are to investigate the situation by completing a Refusal to Work Investigation Report. 4. Where night shifts work refusals occur senior management will address issues immediately. IF THE SITUATION IS RESOLVED 1. The employee will return to work. IF THE SITUATION IS NOT RESOLVED 1. If the employee is dissatisfied with the results of the investigation the employee may continue to refuse to work. 2. The Supervisor and committee representative will notify management that the Ministry of Labour must be contacted so an Inspector can be sent in to investigate. The Inspector will investigate the refusal in the presence of the employee, the employer and the JHSC worker representative and make a determination. WHILE WAITING 1. The employee is to remain in a safe place near the work area involved but they can be assigned other reasonable work by management during normal working hours. 2. Management can offer the disputed work to another employee before the inspector’s investigation but will inform the worker of the employee’s refusal to work and the reason. A second employee may also refuse to do the work but not solely because of the first employee’s refusal. RETURN TO WORK 1. If the inspector does not find the refusal to be based on reasonable grounds the employee is expected to return to work. 2. The inspector will not order a return to work, however the employer may institute disciplinary action if the employee continues to refuse to work where no reasonable grounds have been established. 3. Payment for time spent during the work refusal will be determined based on justification for the refusal but in no case shall payment be made for time not worked after a Ministry of Labour Inspector has determined there are no reasonable grounds for refusal. 4. An employee may make a complaint about disciplinary action to the Ontario Labour Relations Board. The board has the power to order the substitution or removal of penalties.