Work Refusal ProcessUnder the OHSA

February 2015

Right to Refuse Unsafe Work• Worker may refuse to do work or particular work if

s/he has reason to believe:– Any equipment, machine, device or thing s/he is to

use or operate is likely to endanger self or another worker

– Physical condition of the workplace in which s/he works or is to work is likely to endanger self

– If points above is in contravention of OHSA and the contravention is likely to endanger self or another worker

– Workplace violence is likely to endanger the worker

Regulation 857 - Teachers

• Right to refuse unsafe work doesn’t apply to a teacher where the circumstances are such that the life, health or safety of a pupil is in imminent jeopardy.

Work Refusal Process – Stage 1

Anecdotal Comments• If supervisor is uncertain that the

refusal is for safety reasons, seek clarification

• Contact H&S Dept immediately so arrangements can be made for the release of the Certified JHSC Worker Rep

• Record details of the refusal• For student aggression work

refusals, the work may only be assigned to a teacher @ this time

• The H&S Rep is the In-school H&S Team member or a union steward may be utilized

• Record details of the assignment of duties to another worker

Legislative Requirements• Worker reports the circumstances of their refusal to their supervisor• Duties may be assigned to another worker, but must be done in the presence of a JHSC Worker Rep, H&S Rep, or another worker that has the knowledge, experience & training and is selected by the union. Worker must be advised of the refusal and reasons for the refusal.

Stage 1 Con’t …

Anecdotal Comments• Forthwith is within a reasonable

time, not necessarily immediately

• Investigation must take priority• If the work is unsafe, then

correct. If safe, then explain to worker

• Record details

Legislative Requirements• Supervisor investigates the work refusal forthwith and in the presence of the refusing worker and a JHSC Worker Rep

Work Refusal Process – Stage 2

Anecdotal Comments• Same conditions apply for the

continuation of the work refusal (see slide 2)

• Record reasons for the continued work refusal

Legislative Requirements• Following the investigation or any steps taken to deal with the circumstances for the work refusal, if the worker has reasonable grounds to believe that the work is unsafe, the worker may continue to refuse to work or do particular work

Work Refusal Process – Stage 2

Anecdotal Comments• Record details of the call to the

MOL• Investigation may be prolonged if

MOL needs to involve specialists within the MOL

Legislative Requirements• Supervisor, worker or Worker Rep contacts the Ministry of Labour and advises of a Stage 2 work refusal• MOL Inspector investigates in consultation with supervisor, worker & JHSC Worker Rep

Work Refusal Process – Stage 2

Anecdotal Comments• MOL Inspector’s decision is

binding

Legislative Requirements• MOL Inspector decides if the circumstances are likely to endanger worker or another person and gives decision in writing• As in Stage 1, duties may be assigned to another worker while awaiting MOL decision (within the same parameters – see slide 4)

Work Refusal Process

• Questions??

Points for Avoiding Aggression Related Work Refusals

• Follow Managing Violent and Aggressive Behaviour of Students with Special Needs Administrative Procedure

• Safety and/or Behaviour Plans in place & up-to-date (developed with input from Core Team members, within 3 days)

• Core Team members are UMAB trained• Specialized training (ie. site-specific UMAB, mock response to

Safety Plan)• Full debrief with the Core Team after an incident &

adjustment to Plans if necessary• Maintain Behaviour Log

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