Health and Safety

It's Time to Enact Health and Safety Legislation for Parliament Hill Workers

Parliamentary Employment Staff Relations Act Part III

Destroying the Myth: The Threat of a Workplace Closure

Under the Canada Labour Code, Part II, section 128, a worker has the right to refuse unsafe, unhealthy work. This right is very limited. For example, the workers must have reasonable cause to believe that this work constitutes a real danger and this danger must not be an inherent part of the work. In addition, the refusal cannot put anyone else in danger.

Contrary to what some politicians would want you to believe, the process leading to a refusal and the intervention of a safety officer does not in any way shut down the workplace. After the worker has reported the problem(s) to the employer and to a member of the health and safety committee, the employer must investigate the problem with the assistance of the worker who has refused and a union member of the health and safety committee. If no immediate solution can be found and if the worker still believes that there are reasonable grounds to continue to refuse, then a safety officer must be notified. The worker must remain at a safe location nearby or may be reassigned to reasonable alternate work. Meanwhile, the work does not need to stop. The employer can also ask another worker to perform unless the worker has been notified that there has been a refusal.

The safety officer will then investigate in the presence of all parties. If the safety officer concludes that a danger exists, then a notice will be affixed to or near the machine, thing or place, a direction for corrective measures given to the employer and no person will be authorized to use the machine or thing until the direction is complied with. If no danger exists, the worker is ordered to perform the duties of the job.

Opportunities to correct the problems are numerous and there is no ground for any immediate workplace closures. Any regular workplace inspection would easily identify machines, things or places where a higher risk of injury or illness might be present.