Right to Refuse Dangerous Work

Good day CUPE 4070,
Your Occupational Health and Safety committee would like to remind all CCMs of their workers’ rights and share some knowledge about the process and steps that take place once the right to refuse dangerous work is invoked.
The right to refuse unsafe work is one of the three basic health and safety rights achieved by the labour movement, along with the right to know about the hazards in your workplace, and the right to participate in workplace health and safety decisions.
Any employee subject to Part II of the Code has the right to refuse dangerous work as long as they have reasonable cause to believe that it presents a danger.
The definition of danger reads as follows: "any hazard, condition or activity that could reasonably be expected to be an imminent or serious threat to the life or health of a person exposed to it before the hazard or condition can be corrected or the activity altered."

Specifically, the Code states that an employee may refuse in the following circumstances:

• to use or operate a machine that constitutes a danger to the employee or to another employee

• to work in a place

• to perform an activity that constitutes a danger to the employee or to another employee

As a worker in the federal sector you have the legal right to refuse unsafe work, according to Section 128 in Part II of the Canada Labour Code, when there are reasonable grounds to believe performing an activity is dangerous to you or another person’s health and safety. Exceptions exist for workers on ships and aircraft in operation, according to section 128(3-5) of the code.

Here’s how you can refuse unsafe work:

Notify your employer at the worksite that you are refusing work because you don’t think it is safe, and state your reason for refusal.

Your employer must take action to protect you, and notify the workplace committee of the issue and the action taken to resolve it.

If you are not satisfied with the remedy, continue to refuse work and report the circumstances to your workplace committee representative.

The employer must immediately investigate the matter with you and a member of the workplace committee.

If the matter is still not resolved, a government health and safety officer must be contacted. The officer must investigate with you, your employer, and a worker member of the workplace committee or representative. The officer must notify you of any recommendations in writing.

If the inspector rules that there is no danger, then you cannot legally refuse the work even, if you are not satisfied with the officer’s decision. You do have ten days after receiving the decision to appeal in writing to an appeals officer.

You cannot be dismissed, suspended, or penalized for complying with the legislation, according to the section 147 of the code.

These circumstances could include but are not limited to; operating in areas of political unrest placing an individual in direct danger, extreme cabin temperatures causing a workplace to be unsafe, using equipment that is not properly maintained causing serious threat to life or health. A critical point we want to note is that verbiage must be explicit and clear when invoking these rights (“I am exercising my right to refuse dangerous work”)

We encourage all members to learn more about their rights, when and how they are applicable and how to use them. We’ve attached some educational links and are available if ever a concern or question arises. Fly Safe!

You can find out more about the Right To Refuse here:

https://cupe.ca/refusing-unsafe-work-its-your-right

Canada Labour Code 128(3-5)

https://laws-lois.justice.gc.ca/eng/acts/L-2/section-128.html

In Solidarity, Your CUPE 4070 Executive and Occupational Health & Safety Committee