Right to Refuse Work If Dangerous Clause Samples

Right to Refuse Work If Dangerous. (a) Subject to sub-article (b), an employee may refuse to use or operate a machine or thing, to work in a place or to perform an activity, if the employee while at work has reasonable cause to believe that: (i) The use or operation of a machine constitutes a danger to the employee or to another employee; (ii) A condition exists in the place that constitutes a danger to the employee; or (iii) The performance of the activity constitutes a danger to the employee or to another employee. (b) However, an employee may not refuse to use or operate a machine or thing, to work in a place, or to perform an activity if: (i) The refusal puts the life, health, or safety of another person directly in danger; or (ii) The danger referred to is a normal condition of employment. (c) An employee who refuses to use or operate a machine or thing, work in a place or perform an activity under this sub-article shall report the circumstances to their Supervisor (or another Manager of the Company) without delay. (d) Where an employee makes a report under sub-article (c), the employee shall inform the Company, in writing, within seven (7) days, whether the employee intends to exercise recourse under this Collective Agreement or the Canada Labour Code (Part 2 – Occupation Health and Safety) section 128. Once made, the selection of recourse is irrevocable unless the Company and the employee agree otherwise. (e) If the Company agrees that a danger exists, the Company shall take immediate action to protect the employees from the danger. The Company shall inform the Workplace Committee or the Health and Safety representative of the matter and the action taken to resolve it. (f) If the matter is not resolved under the sub-article (e), the employee may, if otherwise entitled to under this article, continue the refusal and the employee shall without delay report the circumstances of the matter to the Company Plant Manager, and to the Workplace Committee or the Health and Safety Representative. (g) The Company shall, immediately after being informed of the continued refusal under sub-article (f), investigate the matter in the presence of the employee who reported it and of: (i) at least one (1) member of the Workplace Committee who does not exercise managerial functions; (ii) the Health and Safety Representative; and/or (iii) if neither of the above persons are available, at least one (1) person from the workplace who is selected by the employee. (h) If more than one (1) employee has made a r...