Refusal of Unsafe Work. (a) No Employee or Owner Operator shall be disciplined for acting in compliance with the Canada Labour Code and its regulations. An Employee or Owner Operator may exercise his/her right to refuse unsafe work in accordance with applicable legislation. There shall be no loss of pay during the period of refusal provided that the individual performs other duties within his job classification as directed by the Company if such work is available.
(b) It will not be a violation of this Agreement when Employees refuse to operate unsafe equipment as prescribed by law. All unsafe equipment shall be locked out and red-tagged.
(c) In the event of a dispute over the condition of a vehicle, the matter shall be resolved after consultation between a member of management and a certified mechanic. Such certificate shall be in writing. Should said vehicle be certified by a mechanic as safe, then the employee who refused to take said vehicle out may be subject to discipline.
Refusal of Unsafe Work. No employee shall be disciplined or discharged for refusal to work on any job, or in any work place or to operate any equipment where it is determined by representatives of the safety committee that the situation is unsafe or unhealthy. The representatives referred to herein shall consist of at least one (1) Company nominee.
Refusal of Unsafe Work a) If an employee has reasonable cause to believe that an unsafe condition exists as a danger to themselves or another employee they shall immediately notify their supervisor.
b) The supervisor in the presence of the employee shall investigate the matter and if it is agreed that the condition is unsafe, the supervisor will take all necessary steps to correct the condition and attempt to provide alternate work for the af- fected employee until such condition is corrected. While alternate work is not available the affected employee will be paid at their hourly wage rate.
c) If the supervisor does not agree that the condition is unsafe, but the employee maintains that it is unsafe, the supervisor will notify the Manager, Occupational Health and Radiation Protection, or his superior, and a worker member of the JSHC, who together with the affected employee will review and determine if the condition is unsafe. If there continues to be disagreement as to whether the condi- tion is unsafe, the Manager, Occupational Health and Radiation Protection, or his superior, will without undue delay, notify Labour Canada and request an imme- diate investigation and decision by an inspector. In the meantime, the supervisor will attempt to provide alternate work for the employee. If alternate work is not available, the affected employee will be paid his regular wages.
d) If the condition is safe, as determined by the inspector, such employee will be re- turned to the job as soon as possible.
e) If the condition is unsafe, as determined by the inspector, such employee will be returned to the job as soon as possible after the unsafe condition is corrected and will be compensated for any loss of regular wages.
f) The supervisor and the employee concerned are to be present during the investi- gation conducted by the inspector from Labour Canada as the result of the re- quest outlined in 19.07 c). In addition, and provided they are available, the Man- ager, Occupational Health and Radiation Protection and one worker member of the JSHC will be present during the investigation. The employee and such mem- bers in question are entitled to such time from work as is necessary to be present during the investigation, without loss of wages for the time so spent.
g) A copy of any decision or order or direction or report issued by an inspector from Labour Canada will be sent to the appropriate JSHC, to the Union, and posted in a conspicuous location in the workplace.
Refusal of Unsafe Work. (a) Notwithstanding the provisions of the Occupational Health and Safety Act, a worker may refuse to perform any work activity which he or she has reason to believe is likely to endanger someone.
(b) When a worker has refused to perform work under Paragraph (a) it is agreed that the procedures of the Occupational Health and Safety Act will apply as if the worker had refused under the terms specified in the Act.
(c) When a worker has refused to perform unsafe work either under the terms of this agreement or under the terms of the Occupational Health and Safety Act, the employer agrees not to re-assign that work to another worker, until work has been declared safe by a Certified Health and Safety Representative or by a Ministry of Labour Inspector.
Refusal of Unsafe Work. Both the Union and the Board recognize Clause 3.24 – Refusal of Unsafe Work of the Workers’ Compensation Regulations and endorse the intent of this clause.
Refusal of Unsafe Work. The Company and the Union agree to cooperate in developing and maintaining a strong sense of safety awareness among employees and supervisors. It is, therefore, recognized that every employee has the right to refuse work if they have reasonable cause to believe that to perform the work would create undue hazard to the health or safety of any person.
(a) An employee 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 employee has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person.
(b) An employee who refuses to carry out a work process or operate a tool, appliance or equipment must immediately report the circumstances of the unsafe condition to their supervisor or employer.
(c) A supervisor or employer receiving a report made must immediately investigate the matter and ensure that any unsafe condition is remedied without delay, or;
(i) if, in the supervisor or employer’s opinion, the report is not valid, they must so inform the employee who made the report.
(d) If the procedure above (c) does not resolve the matter and the employee 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;
(i) the employee who made the report and in the presence of an employee member of the joint committee, or;
(ii) another employee who is selected by the Union.
(e) If the investigation in (d) does not resolve the matter and the employee continues to refuse to carry out the work process or operate the tool, appliance or equipment, both the supervisor, or the employer, and the employee must immediately notify an officer of WorkSafe BC, who must investigate the matter without undue delay and issue whatever orders are deemed necessary.
Refusal of Unsafe Work. It is recognized that every employee has the right to refuse work if they have reasonable cause to believe that to perform the work would create undue hazard to the health or safety of any person. For the purpose of this Article, all rules, procedures and outcomes will be as outlined in Section 3.12 of Worksafe B.C. Occupational Health and Safety Regulation.
Refusal of Unsafe Work. (a) 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.
(b) A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (a) must immediately report the circumstances of the unsafe condition to his or her supervisor or employer.
(c) A supervisor or employer receiving a report made under subsection
Refusal of Unsafe Work. 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.
Refusal of Unsafe Work. An employee may refuse to do any particular act or series of acts at work, which he or she believes is dangerous to their health and safety or the health and safety of any other person, until sufficient steps have been taken to satisfy the employee or until the X.X.X.XX. or the W.C.B. has investigated the matter and advised the employee otherwise. Unsafe or harmful conditions shall be remedied without delay.
