Public Service Alliance of Canada BC

The PSAC has produced a wallet/pocket card outlining the steps in the Right to Refuse Dangerous Work as per Sections 128 and 129 of Canada Labour Code, Part II. To obtain an initial supply for your Local please contact your Regional Office.

YOUR Right to Refuse Dangerous Work Section 128/129 Canada Labour Code, Part II

• Report the details of the perceived hazard to your employer without delay.
• If your employer agrees that a danger exists, the employer is then obliged to take immediate action
  to protect you and other employees from the danger and to inform the workplace committee or
  the health and safety representative about the action(s) taken to resolve the problem.

No Resolution

• If the matter is not resolved, you may continue the work refusal, reporting the circumstances of the matter without delay to your employer and to the workplace committee or the health and safety representative.
• After being informed of the continued refusal, your employer is required to investigate the matter in your presence and in the presence of either a worker member of the workplace committee or a health and safety representative or, if neither is available, a person from the workplace selected by you.
• If your employer disputes that the situation constitutes a danger, but you have reasonable cause to believe that the danger continues to exist, you may continue the work refusal.
• Upon being notified of your continued refusal, the employer will notify a Health and Safety Officer from
  Human Resources and Social Development Canada (HRSDC) of the refusal.
• You may then be assigned reasonable alternative work or be asked to remain in a safe location in the workplace.
• Once informed of the continued refusal, a Health and Safety Officer will investigate the matter in the presence of all parties.
• The Health and Safety Officer will decide if danger exists and provide written notification of the decision to you and your employer.

Appeals

• An employee who disagrees with the decision of the Health and Safety Officer is not entitled to continue the work refusal, however, he or she will have 10 days in which to file a written appeal with an Appeals Officer from the Canada Appeals Office on Occupational Health and Safety (CAO-OHS).
• An employer, employee or trade union may appeal a Health and Safety Officer’s direction by filing a written appeal with an CAO-OHS Appeals Officer within 30 days of the initial direction.