Common use of Right to Refuse Clause in Contracts

Right to Refuse. (a) The Employer must ensure the adequate direction and instruction of employees in the safe performance of their duties. (i) A person must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person. (ii) An employee who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (i) must immediately report the circumstances of the unsafe condition to their Employer. (iii) The Employer receiving a report made under subsection (ii) must immediately investigate the matter and (1) ensure that any unsafe condition is remedied without delay, or (2) if in their opinion the report is not valid, must so inform the person who made the report. (iv) If the procedure under subsection (iii) does not resolve the matter and the employee continues to refuse to carry out the work process or operate the tool, appliance or equipment, the Employer must investigate the matter in the presence of the employee who made the report and in the presence of: (1) an employee member of the Occupational Health and Safety Committee, (2) an employee who is selected by a trade union representing the employee, or (3) if there is no Occupational Health and Safety Committee, any other reasonably available employee selected by the employee. (v) If the investigation under subsection (iv) does not resolve the matter and the employee continues to refuse to carry out the work process or operate the tool, appliance or equipment, the Employer and the worker must immediately notify a WCB officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary. (i) A worker must not be subject to disciplinary action because the worker has acted in compliance with Clause 11.06(b) or with an order made by a WCB officer. (ii) Temporary assignment to alternative work at no loss of pay to the worker until the matter in Clause 11.06(b) is resolved is deemed not to constitute disciplinary action.

Right to Refuse. (a) The Employer must ensure the adequate direction and instruction of employees workers in the safe performance of their duties. (i) A person must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person. (ii) An employee A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (i) must immediately report the circumstances of the unsafe condition to their his or her Employer. (iii) The Employer receiving a report made under subsection (ii) must immediately investigate the matter and (1) ensure that any unsafe condition is remedied without delay, or (2) if in their his or her opinion the report is not valid, must so inform the person who made the report. (iv) If the procedure under subsection (iii) does not resolve the matter and the employee worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the Employer must investigate the matter in the presence of the employee worker who made the report and in the presence of: (1) an employee a worker member of the Occupational Health occupational health and Safety Committeesafety committee, (2) an employee a worker who is selected by a trade union representing the employeeworker, or (3) if there is no Occupational Health occupational health and Safety Committeesafety committee, any other reasonably available employee worker selected by the employeeworker. (v) If the investigation under subsection (iv) does not resolve the matter and the employee worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the Employer and the worker must immediately notify a WCB officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary. (i) A worker must not be subject to disciplinary action because the worker has acted in compliance with Clause 11.06(b) or with an order made by a WCB officer. (ii) Temporary assignment to alternative work at no loss of pay to the worker until the matter in Clause 11.06(b) is resolved is deemed not to constitute disciplinary action.

Right to Refuse. (a) The Employer must ensure the adequate direction and instruction of employees in the safe performance of their duties. (i) A person An employee must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person. (ii) An employee A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (i) must immediately report the circumstances of the unsafe condition to their Employersupervisor or employer. (iii) The Employer A supervisor or employer receiving a report made under subsection (ii) must immediately investigate the matter and (1) ensure and • Ensure that any unsafe condition is remedied without delay, or (2) if delay or • If in their opinion the report is not valid, must so inform the person who made the report. (iv) If the procedure under subsection (iii) does not resolve the matter and the employee worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the Employer supervisor or employer must investigate the matter in the presence of the employee worker who made the report and in the presence of: (1) an employee of • a worker member of the Occupational joint Health and Safety Committee, (2) an employee Committee and • a worker who is selected by a the trade union representing the employee, orworker (3) if there is no Occupational Health and Safety Committee, any other reasonably available employee selected by the employee. (v) If the investigation under subsection (iv) does not resolve the matter and the employee worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, both the Employer supervisor, or the employer, and the worker must immediately notify a WCB WorkSafeBC officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary. (i) . A worker must not be subject to disciplinary discriminatory action as defined in Section 150 of Part 3 of the Workers Compensation Act and Occupational Health and Safety Regulations because the worker has acted in compliance with Clause 11.06(bSection 3.12 (Refusal of unsafe work) or with an order made by a WCB an officer. (ii) . No employee shall be discharged, penalized or subjected to disciplinary action for compliance with the foregoing paragraph or an order made by an officer of WorkSafeBC. Temporary assignment to alternative work at no loss of in pay to the worker until the matter in Clause 11.06(b) Section 3.12 is resolved is not deemed not to constitute disciplinary discriminatory action.

Right to Refuse. (a) The Employer Employees must ensure be able to express their concerns regarding health and safety matters without fear of reprisal. If at any time an employee raises a concern about the adequate direction health and instruction safety of employees in the safe performance of their dutiesany person, it will be taken seriously and corrective action taken without delay. (ia) A person must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person. (iib) An employee A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (isub-clause a) must immediately report the circumstances of the unsafe condition to their Employerhis or her supervisor or employer. (iiic) The Employer supervisor or employer receiving a report made under subsection (iisub-clause b) must immediately investigate the matter and (1i) ensure that any unsafe condition is remedied without delay, or (2ii) if in their his or her opinion the report is not valid, must so inform the person who made the report. (ivd) If the procedure under subsection (iiisub-clause c) does not resolve the matter and the employee worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the Employer supervisor or employer must investigate the matter in the presence of the employee worker who made the report and in the presence of: (1i) an employee a worker member of the Occupational Health and Safety Committeejoint committee, (2ii) an employee a worker who is selected by a trade union representing the employeeworker, or (3iii) if there is no Occupational Health and Safety Committeejoint committee, any other reasonably available employee worker selected by the employeeworker. (ve) If the investigation under subsection sub-clause (ivd) does not resolve the matter and the employee worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, both the Employer supervisor, or the employer, and the worker must immediately notify a WCB WorkSafeBC officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary. (if) A worker must not be subject to disciplinary action because the worker has acted in compliance with Clause 11.06(b) or with an order made by a WCB officer. (ii) Temporary assignment to alternative work at no loss of pay to the worker until the matter in Clause 11.06(b) is resolved is deemed not to constitute disciplinary action.Actions that are Considered Discriminatory

Right to Refuse. (a) The Employer must ensure the adequate direction and instruction of employees in the safe performance of their duties. (i) A person An employee must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person. (ii) An employee A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (i) must immediately report the circumstances of the unsafe condition to their Employer.supervisor or employer. SCHOOL DISTRICT NO. 38 (RICHMOND) AND CUPE LOCAL 716 Collective Agreement 2022-2025 (iii) The Employer A supervisor or employer receiving a report made under subsection (ii) must immediately investigate the matter and (1) ensure and • Ensure that any unsafe condition is remedied without delay, or (2) if delay or • If in their opinion the report is not valid, must so inform the person who made the report. (iv) If the procedure under subsection (iii) does not resolve the matter and the employee worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the Employer supervisor or employer must investigate the matter in the presence of the employee worker who made the report and in the presence of: (1) an employee of • a worker member of the Occupational joint Health and Safety Committee, (2) an employee Committee and • a worker who is selected by a the trade union representing the employee, orworker (3) if there is no Occupational Health and Safety Committee, any other reasonably available employee selected by the employee. (v) If the investigation under subsection (iv) does not resolve the matter and the employee worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, both the Employer supervisor, or the employer, and the worker must immediately notify a WCB WorkSafeBC officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary. (i) . A worker must not be subject to disciplinary discriminatory action as defined in Section 150 of Part 3 of the Workers Compensation Act and Occupational Health and Safety Regulations because the worker has acted in compliance with Clause 11.06(bSection 3.12 (Refusal of unsafe work) or with an order made by a WCB an officer. (ii) . No employee shall be discharged, penalized or subjected to disciplinary action for compliance with the foregoing paragraph or an order made by an officer of WorkSafeBC. Temporary assignment to alternative work at no loss of in pay to the worker until the matter in Clause 11.06(b) Section 3.12 is resolved is not deemed not to constitute disciplinary discriminatory action.

Right to Refuse. (a) The Employer must ensure the adequate direction and instruction of employees workers in the safe performance of their duties. (i) A person must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person. (ii) An employee A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (i) must immediately report the circumstances of the unsafe condition to their his or her Employer. (iii) The Employer receiving a report made under subsection (ii) must immediately investigate the matter and: (1) ensure that any unsafe condition is remedied without delay, ; or (2) if in their his or her opinion the report is not valid, must so inform the person who made the report. (iv) If the procedure under subsection (iii) does not resolve the matter and the employee worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the Employer must investigate the matter in the presence of the employee worker who made the report and in the presence of: (1) an employee a worker member of the Occupational Health occupational health and Safety Committee,safety committee; (2) an employee a worker who is selected by a trade union representing the employee, worker; or (3) if there is no Occupational Health occupational health and Safety Committeesafety committee, any other reasonably available employee worker selected by the employeeworker. (v) If the investigation under subsection (iv) does not resolve the matter and the employee worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the Employer and the worker must immediately notify a WCB officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary. (i) A worker must not be subject to disciplinary action because the worker has acted in compliance with Clause 11.06(bArticle 12.05(b) or with an order made by a WCB officer. (ii) Temporary assignment to alternative work at no loss of pay to the worker until the matter in Clause 11.06(bArticle 12.05(b) is resolved is deemed not to constitute disciplinary action.

Right to Refuse. (a) The Employer must ensure the adequate direction and instruction of employees in the safe performance of their duties. (i) A person An employee must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person. (ii) An employee A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (i) must immediately report the circumstances of the unsafe condition to their Employer.supervisor or employer. SCHOOL DISTRICT NO. 38 (RICHMOND) AND CUPE LOCAL 716 Collective Agreement 2022-2025 (iii) The Employer A supervisor or employer receiving a report made under subsection (ii) must immediately investigate the matter and (1) ensure and x Ensure that any unsafe condition is remedied without delay, or (2) if delay or x If in their opinion the report is not valid, must so inform the person who made the report. (iv) If the procedure under subsection (iii) does not resolve the matter and the employee worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the Employer supervisor or employer must investigate the matter in the presence of the employee worker who made the report and in the presence of: (1) an employee of x a worker member of the Occupational joint Health and Safety Committee, (2) an employee Committee and x a worker who is selected by a the trade union representing the employee, orworker (3) if there is no Occupational Health and Safety Committee, any other reasonably available employee selected by the employee. (v) If the investigation under subsection (iv) does not resolve the matter and the employee worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, both the Employer supervisor, or the employer, and the worker must immediately notify a WCB WorkSafeBC officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary. (i) . A worker must not be subject to disciplinary discriminatory action as defined in Section 150 of Part 3 of the Workers Compensation Act and Occupational Health and Safety Regulations because the worker has acted in compliance with Clause 11.06(bSection 3.12 (Refusal of unsafe work) or with an order made by a WCB an officer. (ii) . No employee shall be discharged, penalized or subjected to disciplinary action for compliance with the foregoing paragraph or an order made by an officer of WorkSafeBC. Temporary assignment to alternative work at no loss of in pay to the worker until the matter in Clause 11.06(b) Section 3.12 is resolved is not deemed not to constitute disciplinary discriminatory action.

Right to Refuse. (a) The Employer must ensure the adequate direction and instruction of employees workers in the safe performance of their duties. (i) A person must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person. (ii) An employee A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection sub-clause (i) must immediately report the circumstances of the unsafe condition to their Employerhis or her supervisor. (iii) The Employer supervisor receiving a report made under subsection sub-clause (ii) must immediately investigate the matter and (1) ensure that any unsafe condition is remedied without delay, or (2) if in their his or her opinion the report is not valid, must so inform the person who made the report. (iv) If the procedure under subsection sub-clause (iii) does not resolve the matter and the employee worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the Employer supervisor must investigate the matter in the presence of the employee worker who made the report and in the presence of: (1) an employee a worker member of the Occupational Health and Safety Committee, (2) an employee a worker who is selected by a trade union representing the employeeworker, or (3) if there is no Occupational Health and Safety Committee, any other reasonably available employee worker selected by the employeeworker. (v) If the investigation under subsection sub-clause (iv) does not resolve the matter and the employee worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the Employer supervisor and the worker must immediately notify a WCB officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary. (i) A worker must not be subject to disciplinary action because the worker has acted in compliance with Clause 11.06(b) or with an order made by a WCB officer. (iic) Temporary assignment to alternative work at no loss of pay to the worker until the matter in Clause 11.06(b) is resolved is deemed not to constitute disciplinary discriminatory action.

Right to Refuse. (a) The Employer must ensure the adequate direction and instruction of employees workers in the safe performance of their duties. (i) A person must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person. (ii) An employee A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (i) must immediately report the circumstances of the unsafe condition to their Employerhis or her employer. (iii) The Employer employer receiving a report made under subsection (ii) must immediately investigate the matter and (1) ensure that any unsafe condition is remedied without delay, or (2) if in their his or her opinion the report is not valid, must so inform the person who made the report. (iv) If the procedure under subsection (iii) does not resolve the matter and the employee worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the Employer employer must investigate the matter in the presence of the employee worker who made the report and in the presence of: (1) an employee a worker member of the Occupational Health and Safety Committee, (2) an employee a worker who is selected by a trade union representing the employeeworker, or (3) if there is no Occupational Health and Safety Committee, any other reasonably available employee worker selected by the employeeworker. (v) If the investigation under subsection (iv) does not resolve the matter and the employee worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the Employer employer and the worker must immediately notify a WCB officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary. (i) A worker must not be subject to disciplinary action because the worker has acted in compliance with Clause 11.06(b11.106(b) or with an order made by a WCB officer. (ii) Temporary assignment to alternative work at no loss of pay to the worker until the matter in Clause 11.06(b) is resolved is deemed not to constitute disciplinary action.

Right to Refuse. (a) The Employer Employees must ensure be able to express their concerns regarding health and safety matters without fear of reprisal. If at any time an employee raises a concern about the adequate direction health and instruction safety of employees in the safe performance of their dutiesany person, it will be taken seriously and corrective action taken without delay. (ia) A person must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person. (iib) An employee A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (iSub-clause a) must immediately report the circumstances of the unsafe condition to their Supervisor or Employer. (iiic) The Supervisor or Employer receiving a report made under subsection (iiSub-clause b) must immediately investigate the matter and (1i) ensure that any unsafe condition is remedied without delay, or (2ii) if in their opinion the report is not valid, must so inform the person who made the report. (ivd) If the procedure under subsection Sub-clause (iiic) does not resolve the matter and the employee worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the Supervisor or Employer must investigate the matter in the presence of the employee worker who made the report and in the presence of: (1i) an employee a worker member of the Occupational Health and Safety Joint Committee, (2ii) an employee a worker who is selected by a trade union representing the employeeworker, or (3iii) if there is no Occupational Health and Safety Joint Committee, any other reasonably available employee worker selected by the employeeworker. (ve) If the investigation under subsection Sub-clause (ivd) does not resolve the matter and the employee worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, both the Employer Supervisor, or the Employer, and the worker must immediately notify a WCB officerWorkSafeBC Officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary. (f) Actions that are Considered Discriminatory (i) A worker must not be subject to disciplinary action because the worker has acted in compliance with Clause 11.06(b) suspension, lay-off, or with an order made by a WCB officer.dismissal, (ii) Temporary assignment to alternative work at no demotion or loss of pay to opportunity for promotion (iii) transfer of duties, change of location of workplace, reduction in wages or change in working hours, (iv) coercion or intimidation, (v) imposition of any discipline, reprimand or other penalty, and (vi) the worker until discontinuation or elimination of the matter in Clause 11.06(b) is resolved is deemed not to constitute disciplinary actionjob of the worker.

Right to Refuse. (a) The Employer must ensure the adequate direction and instruction of employees workers in the safe performance of their duties. (i) A person must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person. (ii) An employee A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection sub-Clause (i) must immediately report the circumstances of the unsafe condition to their Employer. (iii) The Employer manager receiving a report made under subsection sub-Clause (ii) must immediately investigate the matter matter; and, (1iv) ensure that any unsafe condition is remedied without delay, ; or, (2v) if in their opinion the report is not valid, must so inform the person who made the report. (iv) . If the procedure under subsection sub-Clause (iii) does not resolve the matter and the employee worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the Employer must investigate the matter in the presence of the employee worker who made the report and in the presence of: (1vi) an employee A worker member of the Occupational Health occupational health and Safety Committee,safety committee; (2vii) an employee a worker who is selected by a trade union representing the employee, worker; or, (3viii) if there is no Occupational Health occupational health and Safety Committeesafety committee, any other reasonably available employee worker selected by the employeeworker. (vix) If the investigation under subsection sub-Clause (iv) does not resolve the matter and the employee worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the Employer and the worker must immediately notify a WCB officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary. (i) A worker must not be subject to disciplinary action because the worker has acted in compliance with Clause 11.06(b) or with an order made by a WCB officer. (iic) Temporary assignment to alternative work at no loss of pay to the worker until the matter in Clause 11.06(b) is resolved is deemed not to constitute disciplinary action.