Guides & Toolkits

32 Workplace Safety & Prevention Services Closing the Loop: Setting Up a Health & Safety System in Your Small Business work Refusals You wouldn't want to do work that you felt was unsafe. You wouldn't expect your employees to do work that they felt was unsafe. The law makes provisions for workers to refuse work they believe is unsafe. It's important to understand that most work refusals never actually become work refusals, at least not in the formal sense. Anytime an employee reports a hazard and you correct it, that's a work refusal that didn't happen. But there are situations when it may become necessary to invoke the right to refuse. Perhaps your hazard reporting system is in its early stages or it's an urgent matter; perhaps it's a case of differing opinions, between employees or between an employee and a supervisor. The work refusal process is there to protect everyone and everyone should understand how the process works: An employee can initiate the work refusal process when they have reason to believe that something that they are doing, or are about to do, is unsafe. There are no magic words, however, they do have to report their refusal to work to a supervisor. Once a supervisor has received the complaint, they must investigate, in the presence of the employee and the employee's health & safety representative. If the supervisor and the health & safety representative agree that an unsafe condition exists, then the employee can be assigned to another task until corrective action is taken. If the supervisor does not agree and the employee continues to refuse, based on reasonable grounds, the Ministry of Labour is contacted to investigate. While they wait for the Ministry of Labour inspector to arrive, the supervisor can assign the task to another employee provided that they explain the previous employee's reason for refusing, in the presence of the employee's health & safety representative. Once the Ministry of Labour investigates, they will render their decision and leave an order for corrective action, if necessary. The law says that an employee may not be disciplined for initiating a work refusal in good faith. The circumstances of the workplace and of similar workplaces The measures and procedures that will control the risks that have been identified There are a number of circumstances that may increase the risk of violence or harassment in your workplace: Handling cash Protecting or securing valuables Transporting people and goods A mobile workplace (such as a vehicle) Public or community contact Working with unstable or volatile people Working alone or with just a few people Working late nights or very early mornings Involve your employees in creating a program that reflects the unique needs of your workplace.

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