CFIA-VM Group - NOSH Message - Winter 2014/2015
Do you know that you have the right to refuse dangerous work and that the employer has responsibilities to do under Section 128 of the Canada Labour Code Part II?
Employer’s investigation and actions to be taken
Upon being notified that the employee has exercised the right to refuse dangerous work, the employer shall immediately investigate the situation in the presence of the employee. The investigation is conducted even if the employee or the person designated to represent the employee chooses not to be present.
The employer cannot, at this point, assign someone else to do the work that the employee refused to do. An employer can only do this after the matter has been fully investigated internally as described in this document, and has been properly referred to the Minister of Labour.
The Code states that the employees affected by a refusal may, for the purpose of calculating wages and benefits, be at work until the end of the scheduled work period or until work resumes, whichever period is shorter.
Once the employer’s investigation has been concluded, the employer shall prepare a written report setting out the results of the investigation. If, following the investigation, the employer agrees that a danger exists; the employer shall take immediate action to protect employees from the danger. The employer shall also inform the work place committee or representative of the situation and the action taken to resolve it.
Dr. Ayman Soryal
PIPSC NOSH Co-Chair ,br> VM Group/ Vice-President