The right to refuse work

By Robert Destree, AMTA Senior Instructor, Driver Development

Dealing with work refusals during the COVID-19 pandemic should be considered from both points of view: the employer and employee.

Both have obligations under the law. Asking a worker to work in a situation where there is danger to health and safety is against provincial labour laws. The COVID-19 pandemic is now highlighting our notions of “danger to health and safety”. Certain industries, such as grocery stores and commercial transportation, are considered necessities and, therefore, must remain staffed. It is up to both the employer and the worker to take as many reasonable steps as possible to protect themselves and others while performing work.

https://www.alberta.ca/refuse-dangerous-work.aspx

Employer:

If you’re an employer who has been notified that your worker is refusing work they think is unsafe, you’re required by law to look into and eliminate the danger.

If a worker refuses unsafe work, follow these steps:

1. Investigate and take action to eliminate the danger.

2. Ensure that no other worker is assigned to the same work, or equipment, unless:

   • the danger has been eliminated

   • the worker to be assigned is not exposed to the danger

   • the worker assigned is informed of the refusal, the reasons for the refusal and their right to refuse work that presents a danger

3. You may temporarily assign the worker to another job, but at no loss of pay.

4. Document in writing:

   • the worker’s notification

   • your investigation findings

   • what actions you took to remedy the situation

5. Involve the joint work site health and safety committee or health and safety representative, if there is one at the work site, in the investigation.

6. Give the committee or health and safety representative, if there is one, as well as the worker a copy of the written report.

7. If you have questions about how to handle a worker’s refusal to do work they think is unsafe, call the OHS Contact Centre.

Worker:

If you’re being asked to do work you think could present a danger for you or another, follow these steps:

1. Don’t do the work.

2. Tell your employer, supervisor or another designated person as soon as possible what you’re refusing to do, and why.

3. Your employer must investigate and take action to eliminate the danger.

   • This may include the employer finding a qualified worker to do the work or implementing controls.

4. Unless the danger is fixed immediately, the employer must prepare and provide you with a report once their investigation is complete that explains the actions they took to address the danger.

5. Connect with the OHS Contact Centre if your employer won’t stop work you think is dangerous.

6. Do other work that your employer assigns you in the meantime, providing:

   • you can reasonably do it

   • it’s safe

7. Review the written report your employer gives you about their investigation into the danger, and the actions they take to fix it.

8. Connect with the OHS Contact Centre if you think your employer hasn’t corrected the situation.