Right to Refuse Dangerous Work
The Local's 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.
There are three basic health and safety rights achieved by the labour movement,
Right to refuse unsafe work
Right to know about the hazards in your workplace
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 Canada Labour Code (CLC) defines danger as, "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."
The CLC 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
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").
The Code contains certain exceptions regarding the right to refuse dangerous work. These exceptions include: if the refusal puts the life, health or safety of another person directly in danger; or, if the danger in question is a normal condition of employment.
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. Also available to you on SharePoint and on your CCD (WS Cabin Crew - Safety > Occupational Health & Safety > Refusal of Dangerous Work) is the WestJet Refusal of Dangerous work handbook (https://westjet.sharepoint.com/sites/Safety/SitePages/OHS.aspx#refusal-of-dangerous-work) complete with the flow chart the company will follow in the event of a right to refuse dangerous work.
Fly Safe!
In Solidarity,
CUPE 4070 Occupational Health & Safety Committee
ws.ohs@cupe4070.ca
wr.ohs@cupe4070.ca
Resources
Right to refuse dangerous work - Canada.ca
Refusing unsafe work: It's your right | Canadian Union of Public Employees (cupe.ca)
Screenshot of the Flowchart from the WestJet Refusal of Dangerous Work Procedure