Right to Refuse Unsafe Work

WCB - Health and Safety Center

Refusal of Unsafe Work

Procedure for Refusal
3.24(1) “A person must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person.

3.24(2) “A person who refuses to carry out a work process or operate a tool,
appliance or equipment pursuant to subsection (1) must immediately report the circumstances of the unsafe condition to his or her supervisor or employer.”

3.24(3) “A supervisor or employer receiving a report made under subsection (2) must immediately investigate the matter and
(a) ensure that any unsafe condition is remedied without delay, or
(b) if in his or her opinion the report is not valid, must so inform the person who made the report.”
3.24(4) “If the procedure under subsection (3) does not resolve the matter and the worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the supervisor or employer must investigate the matter in the presence of the worker who made the report and in the presence of
(a) a worker member of the occupational health and safety committee,
(b) A worker who is selected by a trade union representing the worker, or
(c)if there is no occupational health and safety committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.”
3.24(5) “If the investigation under subsection (4) does not resolve the matter and the worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, both the supervisor, or the employer, and the worker must immediately notify an officer*, who must investigate the matter without undue delay and issue whatever orders are deemed necessary.”

No Disciplinary Action

3.25(1) A worker must not be subject to disciplinary action because the worker has acted in compliance with section 3.24 or with an order made by an officer*.
(2) Temporary assignment to alternative work at no loss in pay to the worker until the matter in section 3.24 is resolved is deemed not to constitute disciplinary action.”

*WCB officer
* Example: “A”, acetylene; “B”, abrasives; “C”, adding machine repairs

	WCB - Health and Safety Center Refusal of Unsafe Work Procedure for Refusal 3.24(1) “A person must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person. 3.24(2) “A person who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (1) must immediately report the circumstances of the unsafe condition to his or her supervisor or employer.” 3.24(3) “A supervisor or employer receiving a report made under subsection (2) must immediately investigate the matter and (a) ensure that any unsafe condition is remedied without delay, or (b) if in his or her opinion the report is not valid, must so inform the person who made the report.” 3.24(4) “If the procedure under subsection (3) does not resolve the matter and the worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the supervisor or employer must investigate the matter in the presence of the worker who made the report and in the presence of (a) a worker member of the occupational health and safety committee, (b) A worker who is selected by a trade union representing the worker, or (c)if there is no occupational health and safety committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.” 3.24(5) “If the investigation under subsection (4) does not resolve the matter and the worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, both the supervisor, or the employer, and the worker must immediately notify an officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary.” No Disciplinary Action 3.25(1) A worker must not be subject to disciplinary action because the worker has acted in compliance with section 3.24 or with an order made by an officer. (2) Temporary assignment to alternative work at no loss in pay to the worker until the matter in section 3.24 is resolved is deemed not to constitute disciplinary action.” WCB officer Example: “A”, acetylene; “B”, abrasives; “C”, adding machine repairs “Remember, government regulations are LAW.” Dominion Bridge Industrial Health and Safety Handbook “These rules for all workers are mandatory. THEY SHALL BE OBSERVED. The Industrial Health and Safety Regulations of the Workers’ Compensation Board shall be complied with.” Safety Practice Regulations, West Kootenay Power "The Company has the responsibility for the safety and health of all employees and will ...enforce WCB regulations." Health and Safety Program, Western Industrial Contractors "Every person has the right to refuse to work in an unsafe situation." Nelson-Creston MLA Corky Evans, NDN,April 18, 2000 click for fall protection this page last updated 2/10/07 CUBC home page