Right to Refuse Dangerous Work
Section 19 of the Occupational
Health and Safety Act states:
"An
employee may refuse to do any act at his place of employment where he has
reasonable grounds for believing that the act is likely to endanger his health
or safety or the health or safety of any other employee."
If
you refuse to continue to work in accordance with section 19, you must:
Step 1: Report
immediately to your supervisor giving your reasons for refusing to work. Stay
at your workplace for your normal working hours.
If
the employer resolves the matter to your satisfaction, go back to work. If you
still believe the work is dangerous :
Step 2: Bring the matter
to the attention of the joint health and safety committee, if it exists, as
soon as possible, giving the reasons for refusing to work.
If
the committee resolves the matter to your satisfaction, go back to work.
If
there is no committee, or if you still believe the work is dangerous:
Step 3: Call WorkSafeNB at your
local office or at 1 800 222-9775 and explain your situation. An officer will
investigate.
If,
after investigation, the officer finds the working conditions are not
dangerous, go back to work.
If
the officer believes the work is dangerous, he will issue an order to the
employer to improve the working condition. When the officer finds that the
order has been carried out and the working conditions are no longer dangerous,
go back to work.
The
decision of an officer can be appealed to the chief compliance officer and then
to the Appeals Tribunal.
While
refusal is being investigated, the employer may assign the worker to other
work. See section 22(1) of the Act.
The
employer must not assign someone else to do the work that has been refused
unless the second worker is told of the first refusal, the reasons for it and
his or her right to refuse hazardous work under the Act. See section
21(2) of the Act.
If
you are discriminated against for exercising your right under the Act,
you may file a complaint with WorkSafeNB, who will appoint an arbitrator
to hear the matter.