Federal sector
As a worker in the federal sector you have the legal right to refuse unsafe work, according to Section 128 in Part II of the Canada Labour Code, when there are reasonable grounds to believe performing an activity is dangerous to you or another person’s health and safety. Exceptions exist for workers on ships and aircraft in operation, according to section 128(3-5) of the code.
Here’s how you can refuse unsafe work:
- Notify your employer at the worksite that you are refusing work because you don’t think it is safe, and state your reason for refusal. Your employer must take action to protect you, and notify the workplace committee of the issue and the action taken to resolve it.
- If you are not satisfied with the remedy, continue to refuse work and report the circumstances to your workplace committee representative.
- The employer must immediately investigate the matter with you and a member of the workplace committee.
- If the matter is still not resolved, a government health and safety officer must be contacted. The officer must investigate with you, your employer, and a worker member of the workplace committee or representative. The officer must notify you of any recommendations in writing.
- You cannot legally continue to refuse the work even if you are not satisfied with the officer’s decision, but you have ten days after receiving the decision to appeal in writing to an appeals officer.
You cannot be dismissed, suspended, or penalized for complying with the legislation, according to the section 147 of the code.
ATTACHMENTS
Check out CUPE National WEBSITE! Health and Safety | Canadian Union of Public Employees (cupe.ca)
For more facts sheets and guidlines on a wide range of topics