Right to Refuse Work and Consequences of Refusal. (a) Any Nurse may refuse to do any act at the Nurse’s place of employment where the Nurse has reasonable grounds for believing that the act is likely to endanger the Nurse’s health or safety or the health or safety of any other person until:
(i) the Employer has taken remedial action to the satisfaction of the Nurse;
(ii) the committee has investigated the matter and unanimously advised the Nurse to return to work; or
(iii) an officer appointed under the Occupational Health and Safety Act has investigated the matter and has advised the Nurse to return to work.
(b) Where a Nurse exercises the Nurse’s right to refuse to work pursuant to Article 16.03(a), the Nurse shall:
(i) immediately report it to the supervisor;
(ii) where the matter is not remedied to the Nurse’s satisfaction, report it to the committee or the representative, if any; and
(iii) where the matter is not remedied to the Nurse’s satisfaction after the Nurse has reported pursuant to Article 16.03(b)(i) and (ii), report it to the Occupational Health and Safety Division of the Department of Labour.
(c) At the option of the Nurse, the Nurse who refuses to do any act pursuant to Article 16.03(a) may accompany an Occupational Health and Safety officer or the committee or representative, if any, on a physical inspection of the workplace, or part thereof, being carried out for the purpose of ensuring others understand the reasons for the refusal.
(d) Notwithstanding Subsection 50 (8) of the Occupational Health and Safety Act, a Nurse who accompanies an Occupational Health and Safety officer of the Department of Labour, the committee or a representative, as provided in Article 16.03(c), shall be compensated in accordance with Article 16.03(g), but the compensation shall not exceed that which would otherwise have been payable for the Nurse’s regular or scheduled working hours.
(e) Subject to this Agreement, and Article 16.03(c), where a Nurse refuses to do work pursuant to Article 16.03(a), the Employer may reassign the Nurse to other work and the Nurse shall accept the reassignment until the Nurse is able to return to work pursuant to Article 16.03(a).
(f) Where a Nurse is reassigned to other work pursuant to Article 16.03 (e), the Employer shall pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued in the Nurse’s normal work.
(g) Where a Nurse has refused to work pursuant to Article 16.03(a) and has not been reassigned to othe...
Right to Refuse Work and Consequences of Refusal. In accordance with the provisions of Sections 43 and 44 of the Act, any employee may refuse to do any act at the employee's place of employment where the employee has reasonable grounds for believing that the act is likely to endanger the employee's health or safety or the health or safety of any other person, subject to the qualifications, limitations and procedures defined in Section 43 of the Act.
Right to Refuse Work and Consequences of Refusal. Any Nurse may refuse to do any act at the Nurse’s place of employment where the Nurse has reasonable grounds for believing that the act is likely to endanger the Nurse’s health or safety or the health or safety of any other person until:
Right to Refuse Work and Consequences of Refusal. (a) Any Nurse may refuse to do any act at the Nurse’s place of employment where the Nurse has reasonable grounds for believing that the act is likely to endanger the Nurse’s health or safety or the health or safety of any other person until:
(i) the Employer has taken remedial action to the satisfaction of the Nurse;
(ii) the committee has investigated the matter and unanimously advised the Nurse to return to work; or
(iii) an officer appointed under the Occupational Health and Safety Act has investigated the matter and has advised the Nurse to return to work.
(b) Where a Nurse exercises the Nurse’s right to refuse to work pursuant to Article 16.03(a), the Nurse shall:
(i) immediately report it to the supervisor;
(ii) where the matter is not remedied to the Nurse’s satisfaction, report it to the committee or the representative, if any; and
(iii) where the matter is not remedied to the Nurse’s satisfaction after the Nurse has reported pursuant to Article 16.03(b)(i) and (ii), report it to the Occupational Health and Safety Division of the Department of Labour.
