Common use of Refusal of Unsafe Work Clause in Contracts

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) 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 supervisorsu- pervisor and specify to the employer whether he or she intends to pursue the mat- ter under the Canada Labour Code or under Collective Bargaining Agreement. 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 affect- ed employee until such condition is corrected. While alternate work is not available avail- able the affected employee will be paid at their hourly wage rate. c) If If, following the supervisor does not agree supervisor’s investigation, the employee continues to maintain that the condition is unsafe, but the employee maintains that it is unsafe, the supervisor will notify the Manager, Occupational Health and Radiation ProtectionEOH&S, or his their superior, and a worker member of the JSHCJHSC, 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 condition is unsafe, the Manager, Occupational Health and Radiation ProtectionEOH&S, or his their superior, will without undue delay, notify Labour Canada and request an imme- diate investigation and decision by an inspectorThe Minister of Labour, providing him/her with copies of the investigation. In the meantime, the supervisor supervi- sor will attempt to provide alternate work for the employee. If alternate work is not available, the affected employee will be paid his his/her regular wages. d) If the condition is safe, as determined by the inspectorMinister of Labour, such employee will be re- turned returned to the job as soon as possible. e) If the condition is unsafe, as determined by the inspectorMinister of Labour, such employee employ- ee will be returned to the job as soon as possible after the unsafe condition is corrected cor- rected and will be compensated for any loss of regular wages. f) The supervisor company representative and the employee concerned are to be present during the investi- gation investigation conducted by the inspector from Minister of Labour Canada as the result of the re- quest request outlined in 19.07 c). In addition, and provided they are available, the Man- agerManager, Occupational Health and Radiation Protection EOH&S and one worker member of the JSHC JHSC will be present during the investigationinvesti- gation. The employee and such mem- bers members 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 In cases where the minister is involved, a copy of any decision or order or direction direc- tion or report issued by an inspector from Labour Canada the minister will be sent to the appropriate JSHCJHSC, to the Union, and posted in a conspicuous location in the workplace.

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 affect- ed employee until such condition is corrected. While alternate work is not available avail- able 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.