Common use of Personal Health and Safety Clause in Contracts

Personal Health and Safety. ‌ 25.1 No faculty member shall be disciplined or suffer a loss in pay for refusing to perform an assigned duty where the refusal is based on a reasonable apprehension of danger for the faculty member's personal health and safety. 25.1.1 Where the faculty member has refused to perform an assigned duty because of a reasonable concern for their health and safety, the concern or situation shall be investigated and resolved by: a) the faculty member and the faculty member's Xxxx or Director, or if the matter cannot be resolved to the satisfaction of the faculty member, b) the faculty member's representative on the appropriate Occupational Health and Safety Committee and the Occupational Health and Safety Coordinator, or c) the Occupational Health and Safety Coordinator and such regulatory inspectors as are deemed necessary. 25.2 The College shall make all reasonable provision for the occupational health and safety of faculty members. Faculty members have the right to be informed of any known risk to their health and safety. Faculty members have the right to know when they are exposed to a risk of violence in the work place. The employer shall inform faculty members of risk from persons known to have a history of violent behaviour and whom faculty members are likely to encounter in the course of their work. Faculty members have the right to remove themselves from any situation, if they have reasonable grounds to believe there is an immediate threat of violence to themselves until a risk assessment is completed in accordance with the WCB regulations. A faculty member who takes action as outlined above, must report the fact to the appropriate supervisor as soon as possible, along with relevant details. The College shall investigate without delay and take remedial action or conduct a risk assessment in accordance with WCB regulations or inform the faculty member that the work is not unsafe within the guidelines set out in the Workers’ Compensation Act. Note: On the matters outlined above, the Workers’ Compensation Act contains a right to appeal a decision of the employer to the WCB.