Common use of WORK REFUSALS Clause in Contracts

WORK REFUSALS. A worker may refuse to work or do particular work where he or she has reason to believe that: (a) any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker; (b) the physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself or; (c) any equipment, machine, device, or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contraventions is likely to endanger himself, herself or another worker. The JHSC is a key element of a well-functioning workplace internal responsibility system. The worker must immediately tell the supervisor or Company that the work is being refused and fully explain why. The supervisor or Company must investigate the situation immediately, in the presence of the worker and a Union representative of the JHSC. The refusing worker must remain in a safe place near the work area until the investigation is completed. If the situation is resolved at this point, the worker will return to work. If the matter is not resolved, the worker, the Company or a JHSC member must notify a Ministry of Labour inspector. The inspector will come to the workplace to investigate the refusal by consulting with the worker, representatives of the Company and the Union representative of the JHSC. While waiting for the inspector’s investigation to be completed, the worker must remain in a safe place near the work station, unless the Company assigns some other reasonable work during normal working hours. If no such work exists, the Company can give other directions to the worker. The inspector must decide whether the work is likely to endanger the worker or another person. The inspector’s decision must be given, in writing, to the worker, the Company, and the Union representative of the JHSC. If the inspector finds that the work is not likely to endanger anyone, the refusing worker is expected to return to work. While waiting for the inspector to investigate and give a decision on the refusal, the Company or supervisor can ask another worker to do the work that was refused. The second worker must be told that the work was refused and why. This must be done in the presence of a Union representative of the JHSC. The Company or person acting on behalf of the Company will not, (a) dismiss or threaten to dismiss a worker; (b) discipline or suspend or threaten to discipline or suspend a worker; (c) impose any penalty upon a worker; or (d) intimidate or coerce a worker, because the worker has acted in compliance with this Act or the regulations or an order made thereunder, has sought the enforcement of this Act or the regulations or has given evidence in a proceeding in respect of the enforcement of this Act or the regulations. Frivolous complaints or misuse of this process may lead to discipline.

WORK REFUSALS. A worker may refuse to work or do particular work where he or she has reason to believe that: (a) any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker; (b) the physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or liimselfor herself or; (c) any equipment, machine, device, or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contraventions is likely to endanger himself, herself or another worker. The JHSC is a key element of a well-functioning workplace internal responsibility system. The worker must immediately tell the supervisor or Company that the work is being refused and fully explain why. The supervisor or Company must investigate the situation immediately, in the presence of the worker and a Union representative of the JHSC. The refusing worker must remain in a safe place near the work area until the investigation is completed. If the situation is resolved at this point, the worker will return to work. If the matter is not resolved, the worker, the Company or a JHSC member must notify a Ministry of Labour inspector. The inspector will come to the workplace to investigate the refusal by consulting with the worker, representatives of the Company and the Union representative of the JHSC. While waiting for the inspector’s 's investigation to be completed, the worker must remain in a safe place near the work station, unless the Company assigns some other reasonable work during normal working hours. If no such work exists, the Company can give other directions to the worker. The inspector must decide whether the work is likely to endanger the worker or another person. The inspector’s 's decision must be given, in writing, to the worker, the Company, and the Union representative of the JHSC. If the inspector finds that the work is not likely to endanger anyone, the refusing worker is expected to return to work. While waiting for the inspector to investigate and give a decision on the refusal, the Company or supervisor can ask another worker to do the work that was refused. The second worker must be told that the work was refused and why. This must be done in the presence of a ofa Union representative of the JHSC. The Company or person acting on behalf of the Company will not, (a) dismiss or threaten to dismiss a worker; (b) discipline or suspend or threaten to discipline or suspend a worker; (c) impose any penalty upon a worker; or (d) intimidate or coerce a worker, because the worker has acted in compliance with this Act or the regulations or an order made thereunder, has sought the enforcement of this Act or the regulations or has given evidence in a proceeding in respect of the enforcement of this Act or the regulations. Frivolous complaints or misuse of this process may lead to discipline. 31.09 Upon advance notice, Union health and safety staff or Union consultants will be provided access to the workplace and to attend meetings of the Committee or Union Committee or for inspecting, investigating or monitoring the workplace. The Company agrees to recognize a Methods and Standards Representative who will be appointed by the National Staff Representative, for the purpose of meetings with management to review employee concerns related to individual standards performance. 31.10 The Company agrees that in the exercise of its right to establish and monitor reasonable standards of performance, every effort will be made to ensure that employees work safely within these standards. Employee's will not be required or allowed to work on any job or operate any piece ofequipment until they have received proper, training and instruction. 31.11 To ensure that a job is performed safely and properly, the Company will supply all employees with the necessary tools, equipment and protective safety clothing and devices at no cost to the employee. These will be maintained and replaced, where necessary, at the Company's expense. Employees will immediately report all equipment defects to his supervisor.