Common use of Right to Refuse Work and Consequences of Refusal Clause in Contracts

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 other work pursuant to Article 16.03 (e), the Employer shall, until Article 16.03 (a)(i), (ii) or (iii) is met, pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued to work. (h) A reassignment of work pursuant to Article 16.03(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 (a) is inherent in the work of the Nurse.

Appears in 13 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Right to Refuse Work and Consequences of Refusal. (a) Any Nurse Employee may refuse to do any act at the NurseEmployee’s place of employment where the Nurse Employee has reasonable grounds for believing that the act is likely to endanger the NurseEmployee’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 NurseEmployee; (ii) the committee has investigated the matter and unanimously advised the Nurse Employee 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 Employee to return to work. (b) Where a Nurse an Employee exercises the NurseEmployee’s right to refuse to work pursuant to Article 16.03(a31.04(a), the Nurse Employee shall: (i) immediately report it to the supervisor; (ii) where the matter is not remedied to the NurseEmployee’s satisfaction, report it to the committee or the representative, if any; and (iii) where the matter is not remedied to the NurseEmployee’s satisfaction after the Nurse Employee has reported pursuant to Article 16.03(b)(i31.04(b)(i) and (ii), report it to the Occupational Health and Safety Division of the Department of Labour. (c) At the option of the NurseEmployee, the Nurse Employee who refuses to do any act pursuant to Article 16.03(a31.04(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 an Employee who accompanies an Occupational Health and Safety officer of the Department of Labour, the committee or a representative, as provided in Article 16.03(c31.04(c), shall be compensated in accordance with Article 16.03(g31.04(g), but the compensation shall not exceed that which would otherwise have been payable for the NurseEmployee’s regular or scheduled working hours. (e) Subject to this Agreement, and Article 16.03(c31.04(c), where a Nurse an Employee refuses to do work pursuant to Article 16.03(a31.04(a), the Employer may reassign the Nurse Employee to other work and the Nurse Employee shall accept the reassignment until the Nurse Employee is able to return to work pursuant to Article 16.03(a31.04(a). (f) Where a Nurse an Employee is reassigned to other work pursuant to Article 16.03 31.04 (e), the Employer shall pay the Nurse Employee the same wages or salary and grant the Nurse Employee the same benefits as would have been received had the Nurse Employee continued in the NurseEmployee’s normal work. (g) Where a Nurse an Employee has refused to work pursuant to Article 16.03(a31.04(a) and has not been reassigned to other work pursuant to Article 16.03 31.04 (e), the Employer shall, until Article 16.03 31.04 (a)(i), (ii) or (iii) is met, pay the Nurse Employee the same wages or salary and grant the Nurse Employee the same benefits as would have been received had the Nurse Employee continued to work. (h) A reassignment of work pursuant to Article 16.03(e31.04(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse An Employee may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 31.04 (a) is inherent in the work of the NurseEmployee.

Appears in 8 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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 other work pursuant to Article 16.03 (e), the Employer shall, until Article 16.03 (a)(i), (ii) or (iii) is met, pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued to work. (h) A reassignment of work pursuant to Article 16.03(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 (a) is inherent in the work of the Nurse.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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 other work pursuant to Article 16.03 (e), the Employer shall, until Article 16.03 (a)(i), (ii) or (iii) is met, pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued to work. (h) A reassignment of work pursuant to Article 16.03(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 (a) is inherent in the work of the Nurse.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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), 16.02 (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)(i16.02(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(a16.02(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(c16.02(c), shall be compensated in accordance with Article 16.03(g16.02(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(c16.02(c), where a Nurse refuses to do work pursuant to Article 16.03(a16.02(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(a16.02(a). (f) Where a Nurse is reassigned to other work pursuant to Article 16.03 16.02 (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(a16.02(a) and has not been reassigned to other work pursuant to Article 16.03 16.02 (e), the Employer shall, until Article 16.03 16.02 (a)(i), (ii) or (iii) is met, pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued to work. (h) A reassignment of work pursuant to Article 16.03(e16.02(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 16.02 (a) is inherent in the work of the Nurse.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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 other work pursuant to Article 16.03 (e), the Employer shall, until Article 16.03 (a)(i), (ii) or (iii) is met, pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued to work. (h) A reassignment of work pursuant to Article 16.03(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 (a) is inherent in the work of the Nurse.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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(a16.01(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)(i16.01(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(a16.01(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(c16.01(c), shall be compensated in accordance with Article 16.03(g16.01(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(c16.01(c), where a Nurse refuses to do work pursuant to Article 16.03(a16.01(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(a16.01(a). (f) Where a Nurse is reassigned to other work pursuant to Article 16.03 16.01 (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(a16.01(a) and has not been reassigned to other work pursuant to Article 16.03 16.01 (e), the Employer shall, until Article 16.03 16.01 (a)(i), (ii) or (iii) is met, pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued to work. (h) A reassignment of work pursuant to Article 16.03(e16.01(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 16.01 (a) is inherent in the work of the Nurse.

Appears in 1 contract

Samples: Collective Agreement

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.the (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 other work pursuant to Article 16.03 (e), the Employer shall, until Article 16.03 (a)(i), (ii) or (iii) is met, pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued to work. (h) A reassignment of work pursuant to Article 16.03(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 (a) is inherent in the work of the Nurse.

Appears in 1 contract

Samples: Collective Agreement

Right to Refuse Work and Consequences of Refusal. (a) Any Nurse employee may refuse to do any act at the Nurseemployee’s place of employment where the Nurse employee has reasonable grounds for believing that the act is likely to endanger the Nurseemployee’s health or safety or the health or safety of any other person until: (i) until the Employer has taken remedial action to the satisfaction satisfac- tion of the Nurse; (ii) employee; the committee has investigated the matter and unanimously xxxxx- xxxxxx advised the Nurse employee to return to work; or (iii) or an officer appointed under the Occupational Health and Safety Act has investigated the matter and has advised the Nurse employee to return to work. (b) . Where a Nurse an employee exercises the Nurseemployee’s right to refuse to work pursuant to Article 16.03(a), the Nurse employee shall: (i) : immediately report it to the supervisor; (ii) ; where the matter is not remedied to the Nurseemployee’s satisfaction, report it to the committee or the representativerepre- sentative, if any; and (iii) and where the matter is not remedied to the Nurseemployee’s satisfaction after the Nurse employee 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 Nurseemployee, the Nurse employee who refuses to do any act pursuant to Article 16.03(a) may accompany an Occupational Health and Safety officer or the committee commit- tee or representative, if any, on a physical inspection of the workplace, or part thereof, being carried out for the purpose pur- pose of ensuring others understand the reasons for the refusal. (d) . Notwithstanding Subsection 50 (8) of the Occupational Health and Safety Act, a Nurse an employee 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 Nurseemployee’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 other work pursuant to Article 16.03 (e), the Employer shall, until Article 16.03 (a)(i), (ii) or (iii) is met, pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued to work. (h) A reassignment of work pursuant to Article 16.03(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 (a) is inherent in the work of the Nurse.

Appears in 1 contract

Samples: Master Agreement

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.the (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 other work pursuant to Article 16.03 (e), the Employer shall, until Article 16.03 (a)(i), (ii) or (iii) is met, pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued to work. (h) A reassignment of work pursuant to Article 16.03(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 (a) is inherent in the work of the Nurse.

Appears in 1 contract

Samples: Collective Agreement

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), 16.02 (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(a16.02(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(c16.02(c), shall be compensated in accordance with Article 16.03(g16.02(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(c16.02(c), where a Nurse refuses to do work pursuant to Article 16.03(a16.02(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(a16.02(a). (f) Where a Nurse is reassigned to other work pursuant to Article 16.03 16.02 (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(a16.02(a) and has not been reassigned to other work pursuant to Article 16.03 (e16.02(e), the Employer shall, until Article 16.03 16.02 (a)(i), (ii) or (iii) is met, pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued to work. (h) A reassignment of work pursuant to Article 16.03(e16.02(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 (a16.02(a) is inherent in the work of the Nurse.

Appears in 1 contract

Samples: Collective Agreement

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), 16.02 (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)(i16.02(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(a16.02(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(c16.02(c), shall be compensated in accordance with Article 16.03(g16.02(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(c16.02(c), where a Nurse refuses to do work pursuant to Article 16.03(a16.02(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(a16.02(a). (f) Where a Nurse is reassigned to other work pursuant to Article 16.03 16.02 (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(a16.02(a) and has not been reassigned to other work pursuant to Article 16.03 16.02 (e), the Employer shall, until Article 16.03 16.02 (a)(i), (ii) or (iii) is met, pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued to work. (h) A reassignment of work pursuant to Article 16.03(e16.02(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 16.02 (a) is inherent in the work of the Nurse.

Appears in 1 contract

Samples: Collective Agreement

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.have (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 other work pursuant to Article 16.03 (e), the Employer shall, until Article 16.03 (a)(i), (ii) or (iii) is met, pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued to work. (h) A reassignment of work pursuant to Article 16.03(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 (a) is inherent in the work of the Nurse.

Appears in 1 contract

Samples: Collective Agreement

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.and (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 other work pursuant to Article 16.03 (e), the Employer shall, until Article 16.03 (a)(i), (ii) or (iii) is met, pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued to work. (h) A reassignment of work pursuant to Article 16.03(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 (a) is inherent in the work of the Nurse.

Appears in 1 contract

Samples: Collective Agreement

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 other work pursuant to Article 16.03 (e), the Employer shall, until Article 16.03 (a)(i), (ii) or (iii) is met, pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued to work. (h) A reassignment of work pursuant to Article 16.03(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 (a) is inherent in the work of the Nurse.

Appears in 1 contract

Samples: Collective Agreement

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.have (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 other work pursuant to Article 16.03 (e), the Employer shall, until Article 16.03 (a)(i), (ii) or (iii) is met, pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued to work. (h) A reassignment of work pursuant to Article 16.03(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 (a) is inherent in the work of the Nurse.

Appears in 1 contract

Samples: Collective Agreement

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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(aArticle 16.01 (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)(i16.01 (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(a16.01 (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(c16.05(c), shall be compensated in accordance with Article 16.03(g16.01 (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(c16.01 (c), where a Nurse refuses to do work pursuant to Article 16.03(a16.01 (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(a16.01 (a). (f) Where a Nurse is reassigned to other work pursuant to Article 16.03 16.01 (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(a16.01 (a) and has not been reassigned to other work pursuant to Article 16.03 16.01 (e), the Employer shall, until Article 16.03 16.01 (a)(i), (ii) or (iii) is met, pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued to work. (h) A reassignment of work pursuant to Article 16.03(e16.01 (e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 16.01 (a) is inherent in the work of the Nurse.

Appears in 1 contract

Samples: Collective Agreement

Right to Refuse Work and Consequences of Refusal. (a1) Any Nurse employee may refuse to do any act at the Nurse’s employee's place of employment where the Nurse employee has reasonable grounds for believing that the act is likely to endanger the Nurse’s employee's health or safety or the health or safety of any other person until: (ia) the Employer has taken remedial action to the satisfaction of the Nurseemployee; (iib) the committee has investigated the matter and unanimously advised the Nurse employee to return to work; or (iiic) an officer appointed under the Occupational Health and Safety Act has investigated the matter and has advised the Nurse employee to return to work. (b2) Where a Nurse an employee exercises the Nurse’s employee's right to refuse to work pursuant to Article 16.03(asubsection (1), the Nurse employee shall: (ia) immediately report it to the a supervisor; (iib) where the matter is not remedied to the Nurse’s employee's satisfaction, report it to the committee or the representative, if any; and (iiic) where the matter is not remedied to the Nurse’s employee's satisfaction after the Nurse employee has reported pursuant to Article 16.03(b)(iclauses (a) and (iib), report it to the Occupational Health and Safety Division of the Department of Labour. (c3) At the option of the Nurseemployee, the Nurse employee who refuses to do any act pursuant to Article 16.03(asubsection (1) may accompany an Occupational Health and Safety officer or the committee or representative, if any, representative 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. (d4) Notwithstanding Subsection 50 (8) of the Occupational Health and Safety Act, a Nurse An employee who accompanies an Occupational Health and Safety officer of the Department of Labourofficer, the committee or a representative, as provided in Article 16.03(csubsection (3), shall be compensated in accordance with Article 16.03(gsubsection (7), but the compensation shall not exceed that which would otherwise have been payable for the Nurse’s employee's regular or scheduled working hours. (e5) Subject to this Agreement, and Article 16.03(c), where a Nurse Where an employee refuses to do work pursuant to Article 16.03(aSubsection (1), the Employer may reassign the Nurse employee to other work and the Nurse employee shall accept the reassignment re- assignment until the Nurse employee is able to return to work pursuant to Article 16.03(aSubsection (1). (f6) Where a Nurse an employee is reassigned to other work pursuant to Article 16.03 Subsection (e5), the Employer shall pay the Nurse employee the same wages or salary and grant the Nurse employee the same benefits as would have been received had the Nurse employee continued in the Nurse’s employee's normal work. (g7) Where a Nurse an employee has refused to work pursuant to Article 16.03(aSubsection (1) and has not been reassigned to other work pursuant to Article 16.03 Subsection (e5), the Employer shall, until Article 16.03 Subsection (a)(i1) (a), (ii) b), or (iiic) is met, pay the Nurse employee the same wages or salary and grant the Nurse employee the same benefits as would have been received had the Nurse employee continued to work. (h) 8) A reassignment of work pursuant to Article 16.03(eSubsection (5) is not a discriminatory act action pursuant to Section 45 of the Occupational Health and Safety ActArticle 25.08. (i9) A Nurse An employee may not, pursuant to this ArticleSection, refuse to use or operate a machine or thing or to work in a place where: (ia) the refusal puts the life, health or safety of another person directly in danger; or (iib) the danger referred to in Article 16.03 Subsection (a1) is inherent in the work of the Nurseemployee.

Appears in 1 contract

Samples: Collective Agreement

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), work (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)(i16.02(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(a16.02(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(c16.02(c), shall be compensated in accordance with Article 16.03(g16.02(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(c16.02(c), where a Nurse refuses to do work pursuant to Article 16.03(a16.02(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 other work pursuant to Article 16.03 (e), the Employer shall, until Article 16.03 (a)(i), (ii) or (iii) is met, pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued to work. (h) A reassignment of work pursuant to Article 16.03(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 (a) is inherent in the work of the Nurse.

Appears in 1 contract

Samples: Collective Agreement

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), 16.02 (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)(i16.02(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(a16.02(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(c16.02(c), shall be compensated in accordance with Article 16.03(g16.02(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(c16.02(c), where a Nurse refuses to do work pursuant to Article 16.03(a16.02(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(a16.02(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 other work pursuant to Article 16.03 (e), the Employer shall, until Article 16.03 (a)(i), (ii) or (iii) is met, pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued to work. (h) A reassignment of work pursuant to Article 16.03(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 (a) is inherent in the work of the Nurse.

Appears in 1 contract

Samples: Collective Agreement

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), 16.02 (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)(i16.02(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(a16.02(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(c16.02(c), shall be compensated in accordance with Article 16.03(g16.02(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(a16.02(a). (f) Where a Nurse is reassigned to other work pursuant to Article 16.03 16.02 (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(a16.02(a) and has not been reassigned to other work pursuant to Article 16.03 16.02 (e), the Employer shall, until Article 16.03 16.02 (a)(i), (ii) or (iii) is met, pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued to work. (h) A reassignment of work pursuant to Article 16.03(e16.02(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 16.02 (a) is inherent in the work of the Nurse.

Appears in 1 contract

Samples: Collective Agreement

Right to Refuse Work and Consequences of Refusal. (a) Any Nurse employee may refuse to do any act at the Nurseemployee’s place of employment where the Nurse employee has reasonable grounds for believing that the act is likely to endanger the Nurseemployee’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) employee; the committee has investigated the matter and unanimously advised the Nurse employee to return to work; or (iii) or an officer appointed under the Occupational Health and Safety Act has investigated the matter and has advised the Nurse employee to return to work. (b) . Where a Nurse an employee exercises the Nurseemployee’s right to refuse to work pursuant to Article 16.03(a), the Nurse employee shall: (i) : immediately report it to the supervisor; (ii) ; where the matter is not remedied to the Nurseemployee’s satisfaction, report it to the committee or the representative, if any; and (iii) and where the matter is not remedied to the Nurseemployee’s satisfaction after the Nurse employee 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 Nurseemployee, the Nurse employee 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 an employee 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 Nursethe’ employee’s regular or scheduled working hours. (e) . Subject to this Agreement, and Article 16.03(c), where a Nurse an employee refuses to do work pursuant to Article 16.03(a), the Employer may reassign the Nurse employee to other work and the Nurse employee shall accept the reassignment until the Nurse employee 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 other work pursuant to Article 16.03 (e), the Employer shall, until Article 16.03 (a)(i), (ii) or (iii) is met, pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued to work. (h) A reassignment of work pursuant to Article 16.03(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 (a) is inherent in the work of the Nurse.

Appears in 1 contract

Samples: Collective Agreement

Right to Refuse Work and Consequences of Refusal. (a) Any Nurse Employee may refuse to do any act at the NurseEmployee’s place of employment where the Nurse Employee has reasonable grounds for believing that the act is likely to endanger the NurseEmployee’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 NurseEmployee; (ii) the committee has investigated the matter and unanimously advised the Nurse Employee 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 Employee to return to work. (b) Where a Nurse an Employee exercises the NurseEmployee’s right to refuse to work pursuant to Article 16.03(a31.04(a), the Nurse Employee shall: (i) immediately report it to the supervisor; (ii) where the matter is not remedied to the NurseEmployee’s satisfaction, report it to the committee or the representative, if any; and (iii) where the matter is not remedied to the NurseEmployee’s satisfaction after the Nurse Employee has reported pursuant to Article 16.03(b)(i31.04(b)(i) and (ii), report it to the Occupational Health and Safety Division of the Department of Labour. (c) At the option of the NurseEmployee, the Nurse Employee who refuses to do any act pursuant to Article 16.03(a31.04(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 an Employee who accompanies an Occupational Health and Safety officer of the Department of Labour, the committee or a representative, as provided in Article 16.03(c31.04(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 other work pursuant to Article 16.03 (e), the Employer shall, until Article 16.03 (a)(i), (ii) or (iii) is met, pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued to work. (h) A reassignment of work pursuant to Article 16.03(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 (a) is inherent in the work of the Nurse.with

Appears in 1 contract

Samples: Collective Agreement

Right to Refuse Work and Consequences of Refusal. (a) Any Nurse employee may refuse to do any act at the Nurseemployee’s place of employment where the Nurse employee has reasonable grounds for believing that the act is likely to endanger the Nurseemployee’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) employee; the committee has investigated the matter and unanimously advised the Nurse employee to return to work; or (iii) or an officer appointed under the Occupational Health and Safety Act has investigated the matter and has advised the Nurse employee to return to work. (b) . Where a Nurse an employee exercises the Nurseemployee’s right to refuse to work pursuant to Article 16.03(a), the Nurse employee shall: (i) : immediately report it to the supervisor; (ii) ; where the matter is not remedied to the Nurseemployee’s satisfaction, report it to the committee or the representative, if any; and (iii) and where the matter is not remedied to the Nurseemployee’s satisfaction after the Nurse employee 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 Nurseemployee, the Nurse employee 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 an employee 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 Nurseemployee’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 other work pursuant to Article 16.03 (e), the Employer shall, until Article 16.03 (a)(i), (ii) or (iii) is met, pay the Nurse the same wages or salary and grant the Nurse the same benefits as would have been received had the Nurse continued to work. (h) A reassignment of work pursuant to Article 16.03(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 (a) is inherent in the work of the Nurse.

Appears in 1 contract

Samples: Collective Agreement

Right to Refuse Work and Consequences of Refusal. (a) Any Nurse employee may refuse to do any act at the Nurseemployee’s place of employment where the Nurse employee has reasonable grounds for believing that the act is likely to endanger the Nurseemployee’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 Nurseemployee; (ii) the committee has investigated the matter and unanimously advised the Nurse employee 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 employee to return to work. (b) Where a Nurse an employee exercises the Nurseemployee’s right to refuse to work pursuant to Article 16.03(a28.04(a), the Nurse employee shall: (i) immediately report it to the supervisor; (ii) where the matter is not remedied to the Nurseemployee’s satisfaction, report it to the committee or the representative, if any; and (iii) where the matter is not remedied to the Nurseemployee’s satisfaction after the Nurse employee has reported pursuant to Article 16.03(b)(i) and (ii28.04(b)(i)(ii), report it to the Occupational Health and Safety Division of the Department of Labour. (c) At the option of the Nurseemployee, the Nurse employee who refuses to do any act pursuant to Article 16.03(a28.04(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 an employee who accompanies an Occupational Health and Safety officer of the Department of Labour, the committee or a representative, as provided in Article 16.03(c28.04(c), shall be compensated in accordance with Article 16.03(g28.04(g), but the compensation shall not exceed that which would otherwise have been payable for the Nurseemployee’s regular or scheduled working hours. (e) Subject to this Agreement, and Article 16.03(csubsection (c), where a Nurse an employee refuses to do work pursuant to Article 16.03(a28.04(a), the Employer may reassign the Nurse employee to other work and the Nurse employee shall accept the reassignment until the Nurse employee is able to return to work pursuant to Article 16.03(a28.04(a). (f) Where a Nurse an employee is reassigned to other work pursuant to Article 16.03 28.04 (e), the Employer shall pay the Nurse employee the same wages or salary and grant the Nurse employee the same benefits as would have been received had the Nurse employee continued in the Nurseemployee’s normal work. (g) Where a Nurse an employee has refused to work pursuant to Article 16.03(a28.04(a) and has not been reassigned to other work pursuant to Article 16.03 28.04 (e), the Employer shall, until Article 16.03 28.04 (a)(i), (ii) or (iii) is met, pay the Nurse employee the same wages or salary and grant the Nurse employee the same benefits as would have been received had the Nurse employee continued to work. (h) A reassignment of work pursuant to Article 16.03(esubsection 28.04(e) is not a discriminatory act pursuant to Section 45 of the Occupational Health and Safety Act. (i) A Nurse An employee may not, pursuant to this Article, refuse to use or operate a machine or thing or to work in a place where: (i) the refusal puts the life, health or safety of another person directly in danger; or (ii) the danger referred to in Article 16.03 28.04 (a) is inherent in the work of the Nurseemployee.

Appears in 1 contract

Samples: Collective Agreement

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