“Right to Refuse” cards

Jun 3, 2009 01:57 PM

Alberta

As a CUPE member in Alberta YOU have the legal right to refuse unsafe work, according to the Occupational Health and Safety Act – Section 35, when an imminent danger (a danger that is not normal for the occupation or activity) exists for YOU or another worker, caused by a tool, appliance, equipment or work procedure at the worksite.

Here’s how YOU can refuse unsafe work…

When an imminent danger exists at your worksite, you can refuse work.
Notify your employer at the worksite, and state your reason for refusal.
The employer must investigate and take action to eliminate the danger. There must be a written record of your notification, the investigation, and action taken. A copy of the report must be provided to you.
If, in your opinion, a danger still exists, you can file a complaint with a government Occupational Health and Safety Officer.
The officer shall investigate the complaint, and document actions taken in a written report. A copy of the report must be provided to you.
If you are not satisfied with the officer’s report, you may appeal the report within 30 days, and request a review by the Occupational Health and Safety Council.

YOU cannot be disciplined or dismissed for complying with the legislation, according to the Occupational Health and Safety Act – Section 36 .

You have the legal right to a healthy and safe workplace.

British Colombia

As a CUPE member in British Colombia YOU have the legal right to refuse unsafe work, according to the Workers’ Compensation Act, Occupational Health and Safety Regulation – Section 3.12. When YOU believe that a work process or operation of a tool or equipment presents an undue hazard to YOUR health or safety, or to the health and safety of any person, then YOU can refuse that work.

Here’s how YOU can refuse unsafe work…

If you believe that an undue hazard exists at your worksite, you are forbidden to carry out any work.
Notify your supervisor or employer of the unsafe condition, and your refusal to work.
The supervisor or employer must investigate and remedy the situation without delay, and inform you of the results.
If you are not satisfied with the remedy, you can still refuse to work. The supervisor or employer must conduct the investigation with you and the workers’ health and safety representative or union.
If the investigation does not resolve the matter, continue to refuse work. Either you or your employer must inform an officer of the Workers’ Compensation Board to investigate.

YOU cannot be disciplined for complying with the legislation and regulations, according to the Workers’ Compensation Act, Occupational Health and Safety Regulation – Section 3.13.

You have the legal right to a healthy and safe workplace.

For more information or assistance, contact your local union health and safety representative, your union executive, your CUPE representative or the CUPE health and safety staff representative for your province at:

Canadian Union of Public Employees B.C. Regional Office Suite 500 – 4940 Canada Way Burnaby, B.C., V5G 4T3 Tel. (604) 291-1940 Fax (604) 291-1194

Manitoba

As a CUPE member in Manitoba YOU have the legal right to refuse unsafe work, according to the Workplace Safety and Health Act – Section 43, when YOU believe that the work is dangerous to your health and safety or any other person.

Here’s how YOU can refuse unsafe work…

If you believe that a dangerous situation exists at work, you have the right to refuse to work.
Notify your immediate supervisor or person in charge or the workplace of your concern, and refuse the unsafe work.
The person receiving the report or a person designated by them must investigate along with you or a person whom you designate, and take the actions to remedy the dangerous situation.
During the investigation another person cannot be assigned to perform the job until they are informed by you or your representative.
If the dangerous condition is not remedied, you may continue to refuse to work. Any one of the persons conducting the investigation may notify a government workplace safety and health officer to investigate.
After completing the investigation, the officer must provide a written report of the findings and orders to you, the employer, and co-chairpersons of the workplace safety and health committee or its representative. If the findings have not resolved the issue, you can appeal to the Manitoba Labour Board within seven days of the order.

YOU cannot be threatened or discriminated against for complying with the legislation, according to the Workplace Safety and Health Act – Section 42.

You have the legal right to a healthy and safe workplace.

For more information or assistance, contact your local union health and safety representative, your union executive, your CUPE representative or the CUPE National Health and Safety staff representative for your province at:

Canadian Union of Public Employees : Manitoba Regional office 703 – 275 Broadway Winnipeg, Manitoba R3C 4M6 Tel. (204) 942-0343 Fax (204) 956-7071

New Brunswick

As a CUPE member in New Brunswick YOU have the legal right to refuse unsafe work, according to the Occupational Health and Safety Act – Section 19, when YOU believe that an act is likely to endanger YOUR health and safety or that or another employee.

Here’s how YOU can refuse unsafe work…

If you believe that a dangerous situation exists at work, you have the right to refuse unsafe work.
Notify your supervisor about your concerns, and refuse the unsafe work.
The supervisor must investigate the situation in your presence, and take appropriate action or recommend action to the employer.
If the matter has not been resolved to your satisfaction, refer the matter to the joint health and safety committee. Where a committee does not exist, contact a government occupational health and safety officer.
If the matter is still not resolved to your satisfaction by the committee, you can refer the matter to a government occupational health and safety officer.
The officer will investigate and order remedial action. The written findings will be given to you, the employer, and the committee.

YOU cannot be discriminated against, threatened, or coerced for complying with the legislation, according to the Occupational Health and Safety Act – Section 24.

You have the legal right to a healthy and safe workplace.

Newfoundland and Labrador

As a CUPE member in Newfoundland and Labrador YOU have the legal right to refuse unsafe work, according to the Occupational Health and Safety Act – Section 45, when there is reasonable grounds to believe that the work, tool, or equipment is dangerous to YOU or another person’s health and safety.

Here’s how YOU can refuse unsafe work...

If you believe that a dangerous situation exists at work, you have the right to refuse the work.
Notify your supervisor about your concerns, and refuse the unsafe work. The employer must take remedial action.
If you are not satisfied with the remedy, ask the occupational health and safety committee or the worker health and safety representative to investigation.
If the matter is still not resolved to your satisfaction, you can report your concerns to the government’s Occupational Health and Safety Division or an officer, either in writing or orally.

YOU cannot be discriminated against through dismissal, discipline or reduction of either wages or benefits for complying with the legislation, according to the Occupational Health and Safety Act – Section 49.

You have the legal right to a healthy and safe workplace.

Canadian Union of Public Employees: Atlantic Regional Office 308 – 7071 Bayer Road Starlite Building Halifax, Nova Scotia, B3L 2C2 Tel. (902) 455-4180 Fax (902) 455-5915

Nova Scotia

As a CUPE member in Nova Scotia YOU have the legal right to refuse unsafe work, according to the Occupational Health and Safety Act – Section 43, when there is reasonable grounds to believe that the work condition, equipment, material or any aspect of the work may be dangerous to YOUR or another person’s health and safety.

Here’s how YOU can refuse unsafe work…

If you believe that a dangerous situation may exist at work, you have the right to refuse the work.
Notify your supervisor and the joint occupational health and safety committee about your concerns, and refuse unsafe work.
The employer must take remedial action.
If you are not satisfied with the remedy, contact the government’s Occupational Health and Safety Division.

YOU cannot be threatened or discriminated against through dismissal, reprimand or reduction of either wages or benefits for complying with the legislation, according to the Occupational Health and Safety Act – Section 45.

You have the legal right to a healthy and safe workplace.

Canadian Union of Public Employees: Atlantic Regional Office 308 – 7071 Bayer Road Starlite Building Halifax, Nova Scotia, B3L 2C2 Tel. (902) 455-4180 Fax (902) 455-5915

Ontario

As a CUPE member in Ontario YOU have the legal right to refuse unsafe work, according to the Occupational Health and Safety Act – Section 43(3), when YOU believe that any equipment, workplace condition or any contravention of the Act is likely to endanger YOUR or another person’s health and safety. Please note however, this section does not apply to certain workers, as listed in Section 43(1) and (2).

Here’s how YOU can refuse unsafe work…

If you believe that a dangerous situation is likely to exist at work, you have the right to refuse the work.
Notify your supervisor or employer about the circumstances for refusing to work. The supervisor or employer must investigate the situation with you and the worker-selected member from the joint health and safety committee or union.
If you believe the unsafe condition still exists, you may refuse to work. Either you or your employer must notify a government’s inspector.
The inspector must investigate in consultation with you, the employer, and a worker-selected member of the joint health and safety committee or union. The inspector’s decision must be in writing and provided to all those involved in the investigation.
You are required to remain in a safe place near your workstation until the investigation is completed. During this time, you might be assigned other reasonable alternative work or directions by your employer.

YOU cannot be threatened or dismissed, disciplined, intimidated or coerced for complying with the legislation, according to the Occupational Health and Safety Act – Section 50.

You have the legal right to a healthy and safe workplace.

Canadian Union of Public Employees:Ontario Regional Office 800 – 305 Milner Avenue Scarborough, Ontario M1B 3V4 Tel. (416) 292-3999 Fax (416) 292-2339

Prince Edward Island

As a CUPE member in Prince Edward Island YOU have the legal right to refuse unsafe work, according to the Occupational Health and Safety Act – Section 20, when there are reasonable grounds to believe that the work may endanger YOUR or another person’s health and safety.

Here’s how YOU can refuse unsafe work…

If you believe that a dangerous situation may exist at work, you have the right to refuse the work.
Notify your supervisor of your concerns, and refuse unsafe work. The supervisor must investigate with you and take remedial action or recommend the appropriate action to the employer.
If you are not satisfied with the remedy, contact your joint health and safety committee or employee health and safety representative. If neither exists contact the government health and safety officer.
The committee must investigate the situation and recommend remedial action to the employer.
If the matter is still not resolved to your satisfaction, you may refer the matter to a government occupational health and safety officer.
The officer must investigate and order remedial action by the employer. The officer’s report must be provided in writing to you, the employer and the health and safety committee.
During any investigation of the work refusal you must remain at the workplace during normal working hours.

YOU cannot be threatened or discriminated against, intimidated or coerced for complying with the legislation, according to the Occupational Health and Safety Act – Section 22.

You have the legal right to a healthy and safe workplace.

Québec

As a CUPE member in Québec YOU have the legal right to refuse unsafe work, according to the Act Respecting Occupational Health and Safety – Section 12, when there are reasonable grounds to believe that performing the work would expose YOU or another person to a danger affecting YOUR or their health, safety, or physical well-being.

Here’s how YOU can refuse unsafe work…

If you believe that a dangerous situation may exist at work, you have the right to refuse the work.
Notify your supervisor or employer about your concerns, and refuse to perform the unsafe work.
The supervisor must inform the safety representative to examine and determine the corrective measures to be taken. If the safety representative is not available, the union must be contacted.
If you are not satisfied with the remedy, either you or the employer must contact the government inspector.
The inspector must investigate your concerns and make recommendations. A written report must be given to you, the employer and the health and safety representative.
If the matter is still not resolved, you may appeal the matter within ten days to the governmental review office.

YOU cannot be dismissed, suspended, transferred, or penalized for complying with the legislation, according to the Act Respecting Occupational Health and Safety – Section 30. YOU also have the right to protective reassignment under certain circumstances.

You have the legal right to a healthy and safe workplace.

Canadian Union of Public Employees: Québec Regional Office 7100 – 565 Crémazie Blvd. Montréal, Québec, H2M 2V9 Tel. (514) 384-9681 Fax (514) 384-9680

Saskatchewan

As a CUPE member in Saskatchewan YOU have the legal right to refuse unsafe work, according to the Occupational Health and Safety Act – Section 23, when there is reasonable grounds to believe that an act or a series of acts is unusually dangerous to YOUR or another person’s health and safety.

Here’s how YOU can refuse unsafe work…

If you believe that a dangerous situation may exist at work, you have the right to refuse the work.
Notify your supervisor or employer about your concerns, and refuse to perform the unsafe work.
The employer must remedy the situation and/or inform the occupational health and safety committee. The committee must investigate and advise you of the decision.
If you are not satisfied with the remedy, you may refuse unsafe work. The government occupational health officer must be notified.
The officer must investigate your concerns and make recommendations. A written report must be given to you and the employer.

YOU cannot be discriminated against for complying with the legislation, according to the Occupational Health and Safety Act – Section 27.

You have the legal right to a healthy and safe workplace.

Federal Sector

As a CUPE member working in the Federal Sector YOU have the legal right to refuse unsafe work, according to the Canada Labour Code – Part II, Section 128, when there is reasonable grounds to believe that a machine or thing, or work in a place, or performance of an activity is dangerous to YOU or another person’s health and safety. Exceptions exist for workers on ships and aircraft. Please see the Canada Labour Code – Part II, Section 128(3) – (5) for details.

Here’s how YOU can refuse unsafe work…

If you believe that a dangerous situation may exist at work, you have the right to refuse the work.
Notify your employer. If your employer agrees that a danger exists, they must, without delay, take action to protect you and notify the work place committee of the matter and the action taken to resolve it.
If you are not satisfied with the remedy, continue to refuse work and report the circumstances of your refusal to the employer and the work place committee.
The employer must immediately after being informed of your continued refusal investigate the matter with you, a work place committee member of the health and safety representative.
If the matter is still not resolved, and you still have reasonable cause to believe a danger exists, a government health and safety officer must be contacted.
The officer must investigate your concerns with you, your employer, a worker member of the work place committee, the health and safety representative or another worker from the work place chosen by you, and notify you of any recommendations in writing.
If you are not satisfied with the officer’s decision you cannot continue to refuse the work but you 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 Canada Labour Code – Part II, Section 147.

You have the legal right to a healthy and safe workplace.

For more information or assistance, contact your local union health and safety representative, your union executive, your CUPE representative or the CUPE National Health and Safety Branch at:

Canadian Union of Public Employees: National Health and Safety Branch 1375 St. Laurent Blvd. Ottawa, Ontario K1G -0Z7 Tel. (613) 237-1590 Fax (613) 237-5508 Email: Health & Safety

Right to refuse card - Alberta
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