HomeMy WebLinkAboutPR 624 HS - Refusing Unsafe workPROCEDURE PR.624.HS
TITLE:REFUSING UNSAFE WORK
Date Authorized:15 November 2000
Last Revised:23 January 2024
Last Reviewed:23 January 2024
COMMITMENT TO INDIGENOUS RIGHTS,HUMAN RIGHTS,AND EQUITY
The District recognizes its responsibility to ensure that this procedure promotes and protects
Indigenous rights,human rights,and equity and to seek to address and eliminate racism and
structural and systemic barriers for students,staff,and the community.
1.0 RATIONALE
To provide a process to be followed at OCDSB workplaces when Workers exercise their right
to refuse unsafe work under the Occupational Health and Safety Act of Ontario when they
have reason to believe that the work is likely to endanger themselves or another Worker.
2.0 DEFINITIONS
Please refer to Appendix A for a full list of definitions used in this Procedure.
3.0 RESPONSIBILITY
3.1 Principals and Supervisors are responsible for managing the work refusal process.
3.2 The Occupational Health and Safety (OH&S)Team is responsible for providing advice
and guidance about the work refusal process and potential solutions to the concerns
identified.
4.0 PROCEDURE
The Right to Refuse Unsafe Work
4.1 A Worker may refuse to work or do particular work where they have reason to believe
that,
a)any equipment,machine,device or thing the Worker is to use or operate is likely
to endanger themself or another Worker;
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b)the physical condition of the workplace or the part thereof in which they work or is
to work is likely to endanger themself;
c)workplace violence is likely to endanger themself;or
d)any equipment,machine,device or thing they are to use or operate or the
physical condition of the workplace or the part thereof in which they work or is to
work is in contravention of the Occupational Health and Safety Act of Ontario
(OH&S Act)or the regulations and such contravention is likely to endanger
themself or another Worker.
4.2 A teacher may not refuse unsafe work where the circumstances are such that the life,
health,or safety of a pupil is in imminent jeopardy.
Work Refusal Process
4.3 In order to refuse unsafe work under the OH&S Act,a Worker must report to work and
promptly report the refusal to the principal or Supervisor.
4.4 Upon being notified of a work refusal,the principal or Supervisor will:
a)ensure that the Worker remains in a safe place that is as near as reasonably
possible to their work station,and available to the employer or Supervisor for the
purposes of an investigation into the work refusal;
b)notify the OH&S Team as soon as possible after ensuring the safety of the
refusing Worker;
c)the OH&S Team will contact the appropriate Worker member of the JHSC to
attend the investigation (in accordance with the JHSC Terms of Reference),and
may attend the workplace to assist with resolving the work refusal;
d)conduct an investigation,in the presence of the refusing Worker and the JHSC
Worker member,to identify the concern(s)and any corrective action(s)that may
be implemented to resolve them.Consult with the OH&S Team,as necessary,for
guidance and advice for resolving the concern(s).
4.5 It is generally not acceptable to ask other Workers to perform the work being refused on
an ongoing basis -exceptions may be made on a case-by-case basis.Where
appropriate,the replacement Worker will be informed of the refusal and the reasons
behind it in the presence of the attending JHSC Worker member.
4.6 If the Worker refusing unsafe work agrees that the issue has been resolved after the
investigation and implementation of the corrective action,the work refusal ends and the
Worker may return to work.
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4.7 If the Worker refusing unsafe work does not agree that the issue has been resolved,
and no solution can be found,the situation will be reported to the Ministry of Labour,
Immigration,Training and Skills Development (MLITSD).
a)The MLITSD will send an inspector to the site to review the concern and the
investigation results,and will issue a decision for resolution.
b)The Principal or Supervisor will forward a copy of any field visit report issued by
the MLITSD to the OH&S Team,and post a copy on the site’s OH&S bulletin
board.
c)The OH&S Team will ensure that the JHSC receives a copy of field visit reports
issued by the MLITSD.
5.0 APPENDICES
Appendix A:Procedure Definitions
Appendix B:Refusing Unsafe Work Flowchart
6.0 REFERENCE DOCUMENTS
Occupational Health and Safety Act of Ontario
Terms of Reference for the Structure and Function of the Joint Health and Safety Committee
(current version approved by the Ministry of Labour,Immigration,Training,and Skills
Development ).
OCDSB Policy P.058 Occupational Health and Safety
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APPENDIX A:PROCEDURE DEFINITIONS
In this procedure,
Board means the board of Trustees.
District means the Ottawa-Carleton District School Board.
Supervisor means a person who has charge over a workplace or authority over a Worker.This will
include Superintendents,Principals,Vice-Principals,Managers,Supervisors and others who,by
organizational title or position description,have responsibility or authority over a Worker(s)or a
workplace.
Worker means any of the following:
A.A person who performs work or supplies services for monetary compensation.
B.A secondary school student who performs work or supplies services for no monetary
compensation under a work experience program authorized by the school board that operates
the school in which the student is enrolled.
C.A person who performs work or supplies services for no monetary compensation under a
program approved by a college of applied arts and technology,university,private career
college or other post-secondary institution.
D.Such other persons as may be prescribed by the Ministry of Labour,Immigration,Training and
Skills Development,who perform work or supply services to an employer for no monetary
compensation.
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