Right to Refuse 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 he has 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 section, all rules, procedures and outcomes will be as outlined in Section 3.12 of WorkSafe BC Occupational Health and Safety Regulation which are as follows: (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. (2) A worker 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) 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. (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 joint committee, (b) a worker who is selected by a trade union representing the worker, or (c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker. (5) In the event of another employee being assigned the work being investigated under this section, the employee will be informed of the work refusal and the rationale for the refusal. This will occur in the presence of: (a) a worker member of the joint committee, (b) a worker who is selected by a trade union representing the worker, or (c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker. (6) 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 discriminatory action: (1) A worker must not be subject to discriminatory action as defined in section 150 of Part 3 of the Workers Compensation Act because the worker has acted in compliance with section 3.12 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 3.12 is resolved is deemed not to constitute discriminatory action. Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3, Division 6, sections 150 through 153.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Right to Refuse 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 he has 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 section, all rules, procedures and outcomes will be as outlined in Section 3.12 of WorkSafe BC Occupational Health and Safety Regulation which are as follows:.
(1a) A person 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 person employee has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person.
(2b) A worker An employee who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (1a) must immediately report the circumstances of the unsafe condition to his or her supervisor or employer.
(3c) A supervisor or employer receiving a report made under subsection (2b) must immediately investigate the matter and
(ai) ensure that any unsafe condition is remedied without delay, or
(bii) if in his or her opinion the report is not valid, must so inform the person employee who made the report.
(4d) If the procedure under subsection (3c) does not resolve the matter and the worker 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 the worker employee who made the report and in the presence of
(ai) a worker an employee member of the joint committee,, or
(bii) a worker another employee who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the workerUnion.
(5) In the event of another employee being assigned the work being investigated under this section, the employee will be informed of the work refusal and the rationale for the refusal. This will occur in the presence of:
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(6e) If the investigation under subsection (4d) does not resolve the matter and the worker 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 worker employee must immediately notify an officerofficer of WorkSafe BC, who must investigate the matter without undue delay and issue whatever orders are deemed necessary. No discriminatory action:
(1) A worker must not be subject to discriminatory action as defined in section 150 of Part 3 of the Workers Compensation Act because the worker has acted in compliance with section 3.12 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 3.12 is resolved is deemed not to constitute discriminatory action. Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3, Division 6, sections 150 through 153.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Right to Refuse 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 he has 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 section, all rules, procedures and outcomes will be as outlined in Section 3.12 of WorkSafe BC Occupational Health and Safety Regulation which are as follows:
(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.
(2) A worker 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) 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.
(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 joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(5) In the event of another employee being assigned the work being investigated under this section, the employee will be informed of the work refusal and the rationale for the refusal. This will occur in the presence of:
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(6) 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 discriminatory action:
(1) A worker must not be subject to discriminatory action as defined in section Section 150 of Part 3 of the Workers Compensation Act because the worker has acted in compliance with section Section 3.12 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 Section 3.12 is resolved is deemed not to constitute discriminatory action. Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3, Division 6, sections 150 through 153.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Right to Refuse 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, is recognized that every employee has the right to refuse work if he has 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 section, all rules, procedures and outcomes will be as outlined in Section 3.12 of WorkSafe BC B.C. Occupational Health and Safety Regulation which are as follows:
(1a) 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.
(2b) A worker 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.
(3c) A supervisor or employer receiving a report made under subsection (2) must immediately investigate the matter and,
(ai) ensure that any unsafe condition is remedied without delay, or
(bii) if in his or her opinion the report is not valid, must so inform the person who made the report.
(4d) 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,
(ai) a worker member of the joint committee,
(b) committee ii a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(5) In the event of another employee being assigned the work being investigated under this section, the employee will be informed of the work refusal and the rationale for the refusal. This will occur in the presence of:
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(6) 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 discriminatory action:
(1) A worker must not be subject to discriminatory action as defined in section 150 of Part 3 of the Workers Compensation Act because the worker has acted in compliance with section 3.12 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 3.12 is resolved is deemed not to constitute discriminatory action. Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3, Division 6, sections 150 through 153.
Appears in 2 contracts
Samples: Collective Agreement, Collective Bargaining Agreement
Right to Refuse 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 he has 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 section, all rules, procedures and outcomes will be as outlined in Section 3.12 of WorkSafe BC Occupational Health and Safety Regulation which are as follows:
(1a) 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.
(2b) A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (1a) above must immediately report the circumstances of the unsafe condition to his or her supervisor or employer.
(3c) A supervisor or employer receiving a report made under subsection (2b) above must immediately investigate the matter and;
(ai) ensure that any unsafe condition is remedied without delay, or
(bii) if in his or her opinion the report is not valid, must so inform the person who made the report.
(4d) If the procedure under subsection (3c) above 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;
(ai) a worker member of the joint committee,
(bii) a worker who is selected by a trade union representing the worker, or
(ciii) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(5) In the event of another employee being assigned the work being investigated under this section, the employee will be informed of the work refusal and the rationale for the refusal. This will occur in the presence of:
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(6e) If the investigation under subsection (4d) above 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 a WorkSafe officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary. No discriminatory action:
(1) A worker must not be subject to discriminatory action as defined in section 150 of Part 3 of the Workers Compensation Act because the worker has acted in compliance with section 3.12 or with an order made by an officer.
(2f) Temporary assignment to alternative work at no loss in of pay to the worker until the matter in section 3.12 is resolved is deemed not to constitute discriminatory disciplinary action. Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3, Division 6, sections 150 through 153.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Right to Refuse 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 he has 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 section, all rules, procedures and outcomes will be as outlined in Section 3.12 of WorkSafe BC Occupational Health and Safety Regulation which are as follows:
(1a) 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.
(2b) A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (1a) must immediately report the circumstances of the unsafe condition to his or her supervisor Supervisor or employerEmployer. There shall be no loss of pay, seniority or benefits during the period of refusal.
(3c) A supervisor Supervisor or employer Employer receiving a report made under subsection (2b) must immediately investigate the matter and
(ai) ensure that any unsafe condition is remedied without delay, or
(bii) if in his or her opinion the report is not valid, must so inform the person who made the report.
(4d) If the procedure under subsection (3c) 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 Supervisor or employer Employer must investigate the matter in the presence of the worker who made the report and in the presence ofof in the following order:
(ai) a worker member of the joint committeeHealth & Safety Committee,
(bii) a worker who is selected by a trade union the Union representing the worker, or
(ciii) if there is no joint committee or the worker is not represented by a trade union, any other reasonably reasonable available worker selected by the worker.
(5e) In the event of another The Company shall ensure that no other employee being assigned is asked or permitted to perform the work being investigated under this section, of the employee will be informed who refused, unless the second employee is advised of the reasons of the work refusal in presence of the Union Safety Committee member or her/his designate and the rationale for the refusal. This will occur in the presence of:
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the workerrefusing employee.
(6f) If the investigation under subsection (4d) 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 supervisorSupervisor, or the employerEmployer, and the worker must immediately notify an officer, who must a Worksafe BC office to request that the office investigate the matter without undue delay and issue whatever orders are deemed necessary. No discriminatory action:
(1) A worker must not be subject to discriminatory action as defined in section 150 of Part 3 of the Workers Compensation Act because the worker has acted in compliance with section 3.12 or with an order made by an officer.
(2g) Temporary assignment No employee shall be discharged, penalized or disciplined for refusing to alternative work at no loss on a job in pay any workplace or to operate any equipment where he/she believes that it would be unsafe or unhealthy to himself/herself, an unborn child, a workmate or the public, or where it would be contrary to the worker until the matter in section 3.12 is resolved is deemed not to constitute discriminatory action. Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3applicable federal, Division 6, sections 150 through 153provincial or municipal health and safety legislation or regulations.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Right to Refuse 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 he has 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 section, all rules, procedures and outcomes will be as outlined in Section 3.12 of WorkSafe BC Occupational Health and Safety Regulation which are as follows:.
(1) A person 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 person employee has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person.
(2) A worker An employee 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) A supervisor or employer receiving a report made under subsection (2) must immediately investigate the matter and
(ai) ensure that any unsafe condition is remedied without delay, or
(bii) if in his or her opinion the report is not valid, must so inform the person employee who made the report.
(4) If the procedure under subsection (3) does not resolve the matter and the worker 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 the worker employee who made the report and in the presence of
(ai) a worker an employee member of the joint committee,, or
(bii) a worker another employee who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the workerUnion.
(5) In the event of another employee being assigned the work being investigated under this section, the employee will be informed of the work refusal and the rationale for the refusal. This will occur in the presence of:
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(6) If the investigation under subsection (4) does not resolve the matter and the worker 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 worker employee must immediately notify an officerofficer of WorkSafe BC, who must investigate the matter without undue delay and issue whatever orders are deemed necessary. No discriminatory action:
(1) A worker must not be subject to discriminatory action as defined in section 150 of Part 3 of the Workers Compensation Act because the worker has acted in compliance with section 3.12 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 3.12 is resolved is deemed not to constitute discriminatory action. Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3, Division 6, sections 150 through 153.
Appears in 1 contract
Samples: Collective Agreement
Right to Refuse Unsafe Work. a) The Company must ensure the adequate direction and instruction of workers in the Union agree to cooperate in developing and maintaining a strong sense safe performance of safety awareness among employees and supervisors. It is, therefore, recognized that every employee has the right to refuse work if he has 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 section, all rules, procedures and outcomes will be as outlined in Section 3.12 of WorkSafe BC Occupational Health and Safety Regulation which are as follows:their duties.
(1b) 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 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.
(2c) A worker who refuses to carry out a work process or operate a tool, appliance appliance, or equipment pursuant to subsection (1b) must immediately report the circumstances of the unsafe condition to his or her supervisor or employerthe Company.
(3d) A supervisor or employer The Company receiving a report made under subsection (2c) must immediately investigate the matter and:
(a) ensure 1. Ensure that any unsafe condition is remedied without delay, delay or;
(b) if 2. If in his or her the employee’s opinion the report is not valid, must so inform the person who made the report.
(4e) If the procedure under subsection (3d) 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 Company must investigate the matter in the presence of the worker who made the report and in the presence of:
(a) a 1. A worker member of the joint committeeOccupational Health and Safety Committee,
(b) a 2. A worker who is selected by a trade union Trade Union representing the worker, or
(c) if 3. If there is no joint committee or the worker is not represented by a trade unionOccupational Health and Safety Committee, any other reasonably reasonable available worker selected by the worker.
(5) In the event of another employee being assigned the work being investigated under this section, the employee will be informed of the work refusal and the rationale for the refusal. This will occur in the presence of:
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(6f) If the investigation under subsection (4e) does not resolve the matter and the worker continues to refuse to carry out the work process or operate the tool, appliance appliance, or equipment, both the supervisor, or the employer, Company and the worker must immediately notify an a WCB officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary. No discriminatory action:.
(1g) A worker must not be subject to discriminatory disciplinary action as defined in section 150 of Part 3 of the Workers Compensation Act because the worker has acted in compliance with section 3.12 Clause 15.09 (b) or with an order made by an a WCB officer.
(2h) Temporary assignment to alternative work at no loss in of pay to the worker until the matter in section 3.12 Clause 15.09 (b) is resolved is deemed not to constitute discriminatory disciplinary action. Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3, Division 6, sections 150 through 153.
Appears in 1 contract
Samples: Collective Agreement
Right to Refuse Unsafe Work. The Company Employer 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 he has 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 section, all rules, procedures and outcomes will be as outlined in Section 3.12 of WorkSafe BC Occupational Health and Safety Regulation which are as follows:
(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.
(2) . A worker 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) . A supervisor or employer receiving a report made under subsection (2) must immediately investigate the matter and,
(a) a. ensure that any unsafe condition is remedied without delay, or
(b) b. if in his or her opinion the report is not valid, must so inform the person who made the report.
(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. a worker member of the joint committee,
(b) b. a worker who is selected by a trade union representing the worker, or
(c) c. if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(5) In the event of another employee being assigned the work being investigated under this section, the employee will be informed of the work refusal and the rationale for the refusal. This will occur in the presence of:
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(6) 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 discriminatory action:
(1) . A worker must not be subject to discriminatory action as defined in section Section 150 of Part 3 of the Workers Compensation Act because the worker has acted in compliance with section Section 3.12 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 Section 3.12 is resolved is deemed not to constitute discriminatory action. Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3, Division 6, sections 150 through 153.
Appears in 1 contract
Samples: Collective Agreement
Right to Refuse 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 he has reasonable reason- able cause to believe that to perform the work would create undue hazard to the health or safety of any person. For the purpose pur- pose of this section, all rules, procedures and outcomes will be as outlined in Section 3.12 of WorkSafe BC Occupational Health and Safety Regulation which are as follows:
(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 haz- ard to the health and safety of any person.
(2) A worker who refuses to carry out a work process or operate oper- ate a tool, appliance or equipment pursuant to subsection subsection
(1) must immediately report the circumstances of the unsafe condition to his or her supervisor or employer.
(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.
(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 joint committee,
(b) a worker who is selected by a trade union representing represent- ing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(5) In the event of another employee being assigned the work being investigated under this section, the employee will be informed of the work refusal and the rationale for the refusal. This will occur in the presence of:
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(6) 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 equipmentequip- ment, both the supervisor, or the employer, and the worker work- er must immediately notify an officer, who must investigate investi- gate the matter without undue delay and issue whatever orders are deemed necessary. No xxxxxxxxx.Xx discriminatory action:
(1) A worker must not be subject to discriminatory action as defined in section Section 150 of Part 3 of the Workers Compensation Act because the worker has acted in compliance with section Section 3.12 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 Section 3.12 is resolved is deemed not to constitute discriminatory discriminato- ry action. Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3, Division 6, sections 150 through 153.
Appears in 1 contract
Samples: Collective Agreement
Right to Refuse Unsafe Work. The Company and the Union agree to cooperate in developing and maintaining a strong sense of safety awareness among employees and supervisors. (a) It is, therefore, is recognized that every consistent with the provisions of Part II of the Canada Labour Code, employees may refuse to use or operate a machine or thing, to work in a place, or to perform an activity if the employee has the right to refuse while at work if he has reasonable cause to believe that:
(i) the use or operation of the machine or thing constitutes a danger to the employee or to another employee, or
(ii) a condition exists in the place that constitutes a danger to the employee, or
(iii) the performance of the activity by the employee constitutes a danger to the employee or to another employee.
(b) An employee may not, under this article, refuse to use or operate a machine or thing, to work in a place, or to perform an activity if the work would create undue hazard to refusal puts the health life, health, or safety of any person. For another person directly in danger or if the purpose danger referred to above is a normal condition of this section, all rules, procedures and outcomes will be as outlined in Section 3.12 of WorkSafe BC Occupational Health and Safety Regulation which are as follows:
(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 personemployment.
(2c) A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (1) The employee must immediately report the circumstances notify their Supervisor of the unsafe condition to his or her supervisor or employertheir concern.
(3d) A supervisor Supervisor or employer Employer receiving a report made under subsection (2c) must immediately investigate the matter and
(ai) ensure that any unsafe condition is remedied without delay, or
(bii) if in his or her opinion the report is not valid, must so inform the person who made the report.
(4e) If the procedure under subsection (3d) does not resolve the matter and the worker continues to refuse to carry out the work process use or operate the toola machine or thing, appliance to work in a place, or equipmentto perform an activity, the supervisor Supervisor or employer Employer must investigate the matter in the presence of the worker who made the report and in the presence ofof in the following order:
(ai) a worker member of the joint committee,Health & Safety Committee, or if not available, then
(bii) a worker who is selected by a trade union the Union representing the worker, oror if not available, then
(ciii) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(5) In the event of another employee being assigned the work being investigated under this section, the employee will be informed of the work refusal and the rationale for the refusal. This will occur in the presence of:
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(6f) If the investigation under subsection (4e) does not resolve the matter and the worker continues to refuse to carry out the work process use or operate the toola machine or thing, appliance or equipment, both the supervisorto work in a place, or to perform an activity, the employer, and Supervisor or the worker Employer must immediately notify an officer, who must a HRSDC office to request that the office investigate the matter without undue delay and issue whatever orders orders, if any, are deemed necessary. No discriminatory action:
(1) A worker must not be subject to discriminatory action as defined in section 150 of Part 3 of the Workers Compensation Act because the worker has acted in compliance with section 3.12 or with an order made by an officer.
(2g) Temporary assignment Once the Employer has complied with orders, if any, issued by the HRSDC officer, the employee shall resume work.
(h) If an employee decides to alternative appeal any orders or lack of orders issued by HRSDC, he/she shall choose to do so either through the provisions set out in the Canada Labour Code or through the grievance procedure. The employee and the Union shall inform the Employer of which process is to be used prior to starting an action and that selection shall be irrevocable unless the Employer and the Union agree otherwise.
(i) The Employer shall ensure that no other employee is asked or permitted to perform the work at no loss of the employee who refused unless the second employee is advised of the reasons of the work refusal in pay presence of the Union Safety Committee member or her/his designate and/or the refusing employee.
(j) No employee who, in good faith, exercises his or her right to refuse work shall be discharged, penalized or disciplined for refusing to use or operate a machine or thing, to work in a place, or to perform an activity where he/she believes that it would be unsafe or unhealthy to himself/herself, an unborn child, a workmate or the public, or where it would be contrary to the worker until applicable federal, provincial or municipal health and safety legislation or regulations.
(k) No employee shall lose pay, seniority or benefits for the matter remainder of a shift due to a work refusal although the employee may be assigned to other work.
(l) A written report covering all aspects of each work refusal shall be produced and delivered to the Safety Committee Co-Chairs for review at the next monthly meeting.
(m) All other provisions relating to work refusals as set out in section 3.12 is resolved is deemed not sections 128, 128.1 and 129 of the Canada Labour Code Part II shall continue to constitute discriminatory action. Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3, Division 6, sections 150 through 153apply to employees covered under this agreement.
Appears in 1 contract
Samples: Collective Agreement
Right to Refuse 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 he has 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 section, all rules, procedures and outcomes will be as outlined in Section 3.12 of WorkSafe BC Occupational Health and Safety Regulation which are as follows:
(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.
(2) A worker 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) 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.
(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 joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(5) In the event of another employee being assigned the work being investigated under this section, the employee will be informed of the work refusal and the rationale for the refusal. This will occur in the presence of:
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(6) 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 discriminatory action:
(1) A worker must not be subject to discriminatory action as defined in section Section 150 of Part 3 of the Workers Compensation Act because the worker has acted in compliance with section Section 3.12 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 Section 3.12 is resolved is deemed not to constitute discriminatory action. Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3, Division 6, sections 150 through 153.
Appears in 1 contract
Samples: Master Agreement
Right to Refuse 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 he has 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 section, all rules, procedures and outcomes will be as outlined in Section 3.12 of WorkSafe BC Occupational Health and Safety Regulation which are as follows:
(1a) 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.
(2b) A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (1a) must immediately report the circumstances of the unsafe condition to his or her supervisor Supervisor or employerCompany. There shall be no loss of pay, seniority or benefits during the period of refusal.
(3c) A supervisor Supervisor or employer Company receiving a report made under subsection (2b) must immediately investigate the matter and
(ai) ensure Ensure that any unsafe condition is remedied without delay, or
(bii) if If in his or her opinion the report is not valid, must so inform the person who made the report.
(4d) If the procedure under subsection (3c) 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 Supervisor or employer Company must investigate the matter in the presence of the worker who made the report and in the presence ofof in the following order:
(ai) a worker member of the joint committeeHealth & Safety Committee,
(bii) a worker who is selected by a trade union the Union representing the worker, or
(ciii) if there is no joint committee or the worker is not represented by a trade union, any other reasonably reasonable available worker selected by the worker.
(5e) In the event of another The Company shall ensure that no other employee being assigned is asked or permitted to perform the work being investigated under this section, of the employee will be informed who refused, unless the second employee is advised of the reasons of the work refusal in presence of the Union Safety Committee member or her/his designate and the rationale for the refusal. This will occur in the presence of:
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the workerrefusing employee.
(6f) If the investigation under subsection (4d) 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 supervisorSupervisor, or the employerCompany, and the worker must immediately notify an officer, who must a Work Safe BC office to request that the office investigate the matter without undue delay and issue whatever orders are deemed necessary. No discriminatory action:
(1) A worker must not be subject to discriminatory action as defined in section 150 of Part 3 of the Workers Compensation Act because the worker has acted in compliance with section 3.12 or with an order made by an officer.
(2g) Temporary assignment No employee shall be discharged, penalized or disciplined for refusing to alternative work at no loss on a job in pay any workplace or to operate any equipment where he/she believes that it would be unsafe or unhealthy to himself/herself, an unborn child, a workmate or the public, or where it would be contrary to the worker until the matter in section 3.12 is resolved is deemed not to constitute discriminatory action. Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3applicable federal, Division 6, sections 150 through 153provincial or municipal health and safety legislation or regulations.
Appears in 1 contract
Samples: Collective Agreement
Right to Refuse 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 he has 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 section, all rules, procedures and outcomes will be as outlined in Section 3.12 of WorkSafe BC Occupational Health and Safety Regulation which are as follows:
(1a) 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.
(2b) A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (1a) must immediately report the circumstances of the unsafe condition to his or her supervisor Supervisor or employerCompany. There shall be no loss of pay, seniority or benefits during the period of refusal. Employees who are paid wages or benefits under this section may be required by the Employer to repay those wages and benefits if it is determined, after all avenues of redress have been exhausted by the employee who exercised rights under this section, that the employee exercised those rights knowing that no circumstances existed that would warrant it.
(3c) A supervisor Supervisor or employer Company receiving a report made under subsection (2b) must immediately investigate the matter and:
(ai) ensure that any unsafe condition is remedied without delay, or;
(bii) if in his or her opinion the report is not valid, must so inform the person who made the report.
(4d) If the procedure under subsection (3c) 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 Supervisor or employer Company must investigate the matter in the presence of the worker who made the report and in the presence of, and in the following order:
(ai) a worker member of the joint committeeHealth & Safety Committee,
(bii) a worker who is selected by a trade union the Union representing the worker, or
(ciii) if there is no joint committee or the worker is not represented by a trade union, any other reasonably reasonable available worker selected by the worker.
(5e) In the event of another The Company shall ensure that no other employee being assigned is asked or permitted to perform the work being investigated under this section, of the employee will be informed who refused, unless the second employee is advised of the reasons of the work refusal in presence of the Union Safety Committee member or her/his designate and the rationale for the refusal. This will occur in the presence of:
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the workerrefusing employee.
(6f) If the investigation under subsection (4d) 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 supervisorSupervisor, or the employerCompany, and the worker must immediately notify an officer, who must Employment and Social Development Canada office to request that the office investigate the matter without undue delay and issue whatever orders are deemed necessary. No discriminatory action:
(1) A worker must not be subject to discriminatory action as defined in section 150 of Part 3 of the Workers Compensation Act because the worker has acted in compliance with section 3.12 or with an order made by an officer.
(2g) Temporary assignment No employee shall be discharged, penalized or disciplined for refusing to alternative work at no loss on a job in pay any workplace or to operate any equipment where he/she believes that it would be unsafe or unhealthy to himself/herself, an unborn child, a workmate or the public, or where it would be contrary to the worker until applicable federal, provincial or municipal health and safety legislation or regulations.
(h) An employee may not refuse to use or operate a machine or thing, to work in a place or to perform an activity if the matter refusal puts the life, health or safety of another person directly in section 3.12 danger; or if the danger is resolved is deemed not to constitute discriminatory action. Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3, Division 6, sections 150 through 153a normal condition of employment.
Appears in 1 contract
Samples: Collective Agreement
Right to Refuse 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 he has 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 section, all rules, procedures and outcomes will be as outlined in Section 3.12 of WorkSafe BC Occupational Health and Safety Regulation which are as follows:.
(1a) A person 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 person employee has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person.
(2b) A worker An employee who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (1I) must immediately report the circumstances of the unsafe condition to his or her supervisor or employer.
(3c) A supervisor or employer receiving a report made under subsection (2) must immediately investigate the matter and:
(ai) ensure that any unsafe condition is remedied without delay, or
(bii) if in his or her opinion the report is not valid, must so inform the person employee who made the report.
(4d) If the procedure under subsection (3) does not resolve the matter and the worker employee continues to refuse to carry out the work process or operate the tool, appliance appliance, or equipment, the supervisor or employer must investigate the matter in the presence of the worker employee who made the report and in the presence of
(ai) a worker An employee member of the joint committee,, or
(bii) a worker Another employee who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the workerUnion.
(5) In the event of another employee being assigned the work being investigated under this section, the employee will be informed of the work refusal and the rationale for the refusal. This will occur in the presence of:
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(6e) If the investigation under subsection (4) does not resolve the matter and the worker 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 worker employee must immediately notify an officerofficer of WorkSafe BC, who must investigate the matter without undue delay and issue whatever orders are deemed necessary. No discriminatory action:
(1) A worker must not be subject to discriminatory action as defined in section 150 of Part 3 of the Workers Compensation Act because the worker has acted in compliance with section 3.12 or with an order made by an officer.
(2f) Temporary assignment Where the employer offers refused work to alternative another worker, management must inform the new worker that the offered work at no loss in pay to is the worker until subject of a work refusal, including the matter in section 3.12 is resolved is deemed not to constitute discriminatory actionrationale for the refusal. Note: The prohibition against discriminatory action is established This must be done in the Workers Compensation Act Part 3presence of the person who originally refused the work or, Division 6in their absence, sections 150 through 153another worker chosen by that person able to explain the reasons for the refusal.
Appears in 1 contract
Samples: Master Logging Agreement
Right to Refuse 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 he has 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 section, all rules, procedures and outcomes will be as outlined in Section 3.12 of WorkSafe BC Occupational Health and Safety Regulation which are as follows:.
(1a) A person 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 person employee has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person.
(2b) A worker An employee who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (1a) must immediately report the circumstances of the unsafe condition to his or her supervisor or employer.
(3c) A supervisor or employer receiving a report made under subsection (2b) must immediately investigate the matter and
(ai) ensure that any unsafe condition is remedied without delay, or
(bii) if in his or her opinion the report is not valid, must so inform the person employee who made the report.
(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 joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(5d) In the event of another employee being assigned the work being investigated under this section, the employee will be informed of the work refusal and the rationale for the refusal. This will occur in the presence of:
(ai) a A worker member of the joint committee,Joint Committee.
(bii) a A worker who is selected by a trade union representing the worker, orLocal Union.
(ciii) if If there is no joint committee or the worker is not represented by a trade unioncommittee, any other reasonably available worker selected by the worker.
(6e) If the investigation procedure under subsection (4c) does not resolve the matter and the worker 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 the employee who made the report and in the presence of
(i) an employee member of the joint committee, or
(ii) another employee who is selected by the Union.
(f) If the investigation under subsection (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 worker employee must immediately notify an officerofficer of WorkSafe BC, who must investigate the matter without undue delay and issue whatever orders are deemed necessary. No discriminatory action:
(1) A worker must not be subject to discriminatory action as defined in section 150 of Part 3 of the Workers Compensation Act because the worker has acted in compliance with section 3.12 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 3.12 is resolved is deemed not to constitute discriminatory action. Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3, Division 6, sections 150 through 153.
Appears in 1 contract
Samples: Collective Agreement
Right to Refuse Unsafe Work. The Company and the Union agree to cooperate in developing and maintaining a strong sense of safety awareness among employees and supervisors. (a) It is, therefore, is recognized that every consistent with the provisions of Part II of the Canada Labour Code, employees may refuse to use or operate a machine or thing, to work in a place, or to perform an activity if the employee has the right to refuse while at work if he has reasonable cause to believe that:
(i) the use or operation of the machine or thing constitutes a danger to the employee or to another employee, or
(ii) a condition exists in the place that constitutes a danger to the employee, or
(iii) the performance of the activity by the employee constitutes a danger to the employee or to another employee.
(b) An employee may not, under this article, refuse to use or operate a machine or thing, to work in a place, or to perform an activity if the work would create undue hazard to refusal puts the health life, health, or safety of any person. For another person directly in danger or if the purpose danger referred to above is a normal condition of this section, all rules, procedures and outcomes will be as outlined in Section 3.12 of WorkSafe BC Occupational Health and Safety Regulation which are as follows:
(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 personemployment.
(2c) A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (1) The employee must immediately report the circumstances notify their Supervisor of the unsafe condition to his or her supervisor or employertheir concern.
(3d) A supervisor Supervisor or employer Employer receiving a report made under subsection (2c) must immediately investigate the matter and
(ai) ensure that any unsafe condition is remedied without delay, or
(bii) if in his or her their opinion the report is not valid, must so inform the person who made the report.
(4e) If the procedure under subsection (3d) does not resolve the matter and the worker continues to refuse to carry out the work process use or operate the toola machine or thing, appliance to work in a place, or equipmentto perform an activity, the supervisor Supervisor or employer Employer must investigate the matter in the presence of the worker who made the report and in the presence ofof in the following order:
(ai) a worker member of the joint committee,Health & Safety Committee, or if not available, then
(bii) a worker who is selected by a trade union the Union representing the worker, oror if not available, then
(ciii) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(5) In the event of another employee being assigned the work being investigated under this section, the employee will be informed of the work refusal and the rationale for the refusal. This will occur in the presence of:
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(6f) If the investigation under subsection (4e) does not resolve the matter and the worker continues to refuse to carry out the work process use or operate the toola machine or thing, appliance or equipment, both the supervisorto work in a place, or to perform an activity, the employer, and Supervisor or the worker Employer must immediately notify an officer, who must a HRSDC office to request that the office investigate the matter without undue delay and issue whatever orders orders, if any, are deemed necessary. No discriminatory action:
(1) A worker must not be subject to discriminatory action as defined in section 150 of Part 3 of the Workers Compensation Act because the worker has acted in compliance with section 3.12 or with an order made by an officer.
(2g) Temporary assignment Once the Employer has complied with orders, if any, issued by the HRSDC officer, the employee shall resume work.
(h) If an employee decides to alternative appeal any orders or lack of orders issued by HRSDC, they shall choose to do so either through the provisions set out in the Canada Labour Code or through the grievance procedure. The employee and the Union shall inform the Employer of which process is to be used prior to starting an action and that selection shall be irrevocable unless the Employer and the Union agree otherwise.
(i) The Employer shall ensure that no other employee is asked or permitted to perform the work at no loss of the employee who refused unless the second employee is advised of the reasons of the work refusal in pay presence of the Union Safety Committee member or their designate and/or the refusing employee.
(j) No employee who, in good faith, exercises their right to refuse work shall be discharged, penalized or disciplined for refusing to use or operate a machine or thing, to work in a place, or to perform an activity where they believes that it would be unsafe or unhealthy to them, an unborn child, a workmate or the public, or where it would be contrary to the worker until applicable federal, provincial or municipal health and safety legislation or regulations.
(k) No employee shall lose pay, seniority or benefits for the matter remainder of a shift due to a work refusal although the employee may be assigned to other work.
(l) A written report covering all aspects of each work refusal shall be produced and delivered to the Safety Committee Co-Chairs for review at the next monthly meeting.
(m) All other provisions relating to work refusals as set out in section 3.12 is resolved is deemed not sections 128, 128.1 and 129 of the Canada Labour Code Part II shall continue to constitute discriminatory action. Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3, Division 6, sections 150 through 153apply to employees covered under this agreement.
Appears in 1 contract
Samples: Collective Agreement
Right to Refuse 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 he has 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 section, all rules, procedures and outcomes will be as outlined in Section 3.12 of WorkSafe BC Occupational Health and Safety Regulation which are as follows:
(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.
(2) A worker 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 their supervisor or employer.
(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 their opinion the report is not valid, must so inform the person who made the report.
(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 joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(5) In the event of another employee being assigned the work being investigated under this section, the employee will be informed of the work refusal and the rationale for the refusal. This will occur in the presence of:
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(6) 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 discriminatory action:
(1) A worker must not be subject to discriminatory action as defined in section 150 of Part 3 of the Workers Compensation Act because the worker has acted in compliance with section 3.12 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 3.12 is resolved is deemed not to constitute discriminatory action. Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3, Division 6, sections 150 through 153.
Appears in 1 contract
Samples: Collective Agreement
Right to Refuse 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 he has they have reasonable cause to believe that to perform the work would create undue hazard to the health or of safety of any person. For the purpose of this section, all rules, procedures and outcomes will be as outlined in Section 3.12 of WorkSafe BC Occupational Health and Safety Regulation which are as follows:
(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.
(2) A worker 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 their supervisor or employer.
(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 their opinion the report is not valid, must so inform the person who made the report.
(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 joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(5) In the event of another employee being assigned the work being investigated under this section, the employee will be informed of the work refusal and the rationale for the refusal. This will occur in the presence of:
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(6) 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 bot 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. .
(6) No discriminatory action:
(1) A worker must not be subject to discriminatory action as defined in section Section 150 of Part 3 of the Workers Compensation WorkSafe BC Act because the worker has acted in compliance with section Section 3.12 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 3.12 is resolved is deemed not to constitute discriminatory action. Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3, Division 6, sections 150 through 153.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Right to Refuse 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 he has 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 section, all rules, procedures and outcomes will be as outlined in Section 3.12 of WorkSafe BC Occupational Health and Safety Regulation which are as follows:
(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.
(2) A worker 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) 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.
(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 joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(5) In the event of another employee being assigned the work being investigated under this section, the employee will be informed of the work refusal and the rationale for the refusal. This will occur in the presence of:
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(6) 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 discriminatory action:
(1) A worker must not be subject to discriminatory action as defined in section 150 of Part 3 of the Workers Compensation Act because the worker has acted in compliance with section 3.12 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 3.12 is resolved is deemed not to constitute discriminatory action. Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3, Division 6, sections 150 through 153.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Right to Refuse Unsafe Work. The Company and the Union agree to cooperate in developing and maintaining a strong sense of safety awareness among employees Employees and supervisorsSupervisors. It is, therefore, is therefore recognized that every employee Employee has the right to refuse work if he he/she has 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 section, all rules, procedures and outcomes will be as outlined in Section 3.12 of WorkSafe BC the WorkSafeBC Occupational Health and Safety Regulation which are as follows:
(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.
(2) A worker Worker 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 Supervisor or employerEmployer.
(3) A supervisor Supervisor or employer Employer receiving a report made under subsection (2) must immediately investigate the matter and,
(ai) ensure Ensure that any unsafe condition is remedied without delay, or
(bii) if If in his or her opinion the report is not valid, must so inform the person who made the report.
(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 Supervisor or employer Employer must investigate the matter in the presence of the worker Worker who made the report and in the presence of,
(ai) a worker A Worker member of the joint committee,
(bii) a worker A Worker who is selected by a trade union representing the workerTrade Union Representing the Worker, or
(ciii) if If there is no joint committee or the worker Worker is not represented by a trade unionthe Trade Union, any other reasonably available worker Worker selected by the workerWork.
(5) In the event of another employee being assigned the work being investigated under this section, the employee will be informed of the work refusal and the rationale for the refusal. This will occur in the presence of:
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(6) If the investigation under subsection (4) does not resolve the matter and the worker Worker continues to refuse to carry out the work process or operate the tool, appliance appliance, or equipment, both the supervisorSupervisor, or the employerEmployer, and the worker Worker must immediately notify an officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary. No discriminatory actionDiscriminatory Action:
(1) A worker Worker must not be subject to discriminatory action as defined in section Section 150 of Part 3 of the Workers Compensation Act because the worker Worker has acted in compliance with section Section 3.12 or with an order made by an officer.
(2) Temporary assignment to alternative work at no loss in pay to the worker Worker until the matter in section Section 3.12 is resolved is deemed not to constitute discriminatory action. Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3, Division 6, sections 150 through 153.
Appears in 1 contract
Samples: Collective Agreement
