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HomeMy WebLinkAboutHUR130-001 Unsafe Work RefusalsPICKERING CITY PROCEDURE Procedure Title: Unsafe Work Refusals Procedure Number: HUR 130-001 Reference: Occupational Health & Safety Act Date Originated: January 30, 2009 Date Revised: Approval: Chief Administrative Officer 40 4 Point of Contact: Coordinator, Health & Safety / ".V Procedure Objective The objective of this Procedure is to: 1. ensure that all employees follow consistent steps when exercising the right to refuse to perform unsafe work in accordance with the provisions of the Occupational Health & Safety Act; ensure that all supervisors follow consistent steps to address and resolve unsafe work refusals in accordance with the provisions of the Occupational Health & Safety Act; and 3. identify, eliminate or control all health and safety hazards in the workplace. Index 01 Definitions. 02 Obligations and Rights 03 Procedures 01 Definitions 01.01 Dangerous Circumstances - The Occupational Health & Safety Act defines dangerous circumstances as: a) a provision of the Act or the regulations is being contravened; b) the contravention poses a danger or a hazard to a worker; and c) the danger or hazard is such that any delay in controlling it may seriously endanger a worker. All of these conditions must be present. However each unsafe work refusal should be assessed on its own merits with respect to the individual employee. 01.02 Supervisor - Under the Occupational Health & Safety Act, a supervisor is a person in charge of a workplace or authority over an employee. This includes unionized supervisory staff (i.e. forepersons, captains, platoon chiefs, etc.) 02 Obligations and Rights 02.01 Employer's Obligation to Respond to An Unsafe Work Refusal The City must respond promptly to any unsafe work refusal. The employee's concerns are addressed at the time they are brought to the supervisor's attention. Under no circumstances shall the employee be penalized for exercising his/her right to refuse unsafe work if the employee has reasonable grounds to do so. . 02.02 Employee's Right to Refuse Unsafe Work Any employee may refuse to work in specific conditions or circumstances or may refuse to perform a particular task where he/she has reasonable grounds to believe that an immediate threat to health and safety exists, including: a) a specific piece of equipment, machine, device or thing the employee is to use or operate is likely to endanger himself/ herself or another employee; Procedure Title: Unsafe Work Refusals Page 2 of 6 Procedure Number: HUR 130-001 b) a specific physical condition of the workplace or part thereof in which he/she works or is about to work is likely to endanger himself/herself; and c) any specific equipment, machine, device or thing he/she is to use or operate, or the physical condition of the workplace or part thereof in which he/she works or is about to work, is in contravention of the Occupational Health & Safety Act and associated regulations and such contravention is likely to endanger himself/herself, or another employee. 02.03 Reasonable Grounds It is sufficient for the employee to have an honestly held perception of a specific unsafe condition that poses an immediate risk of harm to the health and safety of him/herself or other persons in the workplace. An employee may also refuse to perform any work, task or activity for which the employee lacks the necessary experience, training, qualification or license to perform competently without supervision. 02.04 When Certain Employees May Not Refuse Dangerous Work Employees who have responsibilities to protect public safety cannot refuse unsafe work if the danger in question is a normal part of the job or if the refusal would endanger the life, health and safety of another person. This restriction on the right to refuse unsafe work applies to Pickering Fire Services. 02.05 Hazard Reporting All employees are required to report unsafe work conditions, unsafe equipment, machines, devices, tools and unsafe practices immediately to their supervisor and to clearly identify any unsafe machines, devices or tools or to otherwise post a hazard warning until the unsafe condition has been addressed by the supervisor. Procedure Title: Unsafe Work Refusals Page 3 of 6 Procedure Number: HUR 130-001 03 Procedures 03.01 Stage One (Internal Resolution) The employee shall immediately report his/her unsafe work refusal to the supervisor and provide all necessary details and reasons for the unsafe work refusal at the time of reporting. The supervisor may resolve the unsafe work refusal by: a) immediately addressing the specific concerns of the employee; or b) reassigning the work, task or activity to another employee who is more qualified by way of experience, training or licensing to perform the task or activity safely, providing the alternate employee has been advised of the unsafe work refusal and agrees to perform the work, task or activity; or c) conducting an investigation. The employee shall remain in a safe place near his/her workstation until the supervisor has investigated the specific concerns of the employee's unsafe work refusal. The supervisor shall secure the area, equipment, machine or device that is the subject of the unsafe work refusal until the situation is resolved. The supervisor shall promptly conduct an investigation in the presence of the employee and either: a) a worker member of the Joint Health & Safety Committee (JHSC); or b) a co-worker who because of knowledge, experience and training is selected by the union that represents the employee. The supervisor may assign the employee to alternate work in accordance with the. provisions of the applicable collective agreement if the unsafe condition cannot be immediately remedied. Procedure Title: Unsafe Work Refusals Page 4 of 6 Procedure Number: HUR 130-001 The supervisor shall take immediate steps following his/her investigation to resolve any health and safety concerns to the furthest extent practical before allowing work to resume. The supervisor shall direct the employee to return to work if all attending persons agree that an unsafe condition does not exist, does not present an immediate danger to the employee or other persons, or has been remedied. The supervisor shall document the details of the unsafe work refusal and steps taken to resolve this. The supervisor shall provide a copy of this document to the: 1. Division Head; 2. Coordinator, Health & Safety; and 3. the appropriate JHSC or attending Union Representative. 03.02 Stage Two (Ministry of Labour Involvement) The employee shall provide the supervisor with specific objective reasons if the employee maintains his/her unsafe work refusal after Stage One. The supervisor shall notify the Coordinator, Health & Safety promptly if the employee maintains his/her unsafe work refusal. The Coordinator, Health & Safety may recommend further actions to help resolve the unsafe work issue. If unable to do so, the Coordinator shall contact the Ministry of Labour to request an investigation of the unsafe work refusal, and shall notify the Division Head. The supervisor shall preserve the area, condition, equipment, machine, device or tool that is the subject of the unsafe work refusal until the Ministry of Labour completes its investigation. The supervisor, the employee and the following persons shall attend the Ministry of Labour investigation of the unsafe work refusal: 1. a worker member of the JHSC, or a co-worker who, because of knowledge, experience and training, is selected by the union that represents the employee; and Procedure Title: Unsafe Work Refusals Page 5 of 6 Procedure Number: HUR 130-001 2. the Coordinator, Health & Safety The supervisor may assign the employee to alternate work in accordance with the provisions of the applicable collective agreement until the situation is resolved. The supervisor, the employee, the Coordinator, Health & Safety, and the JHSC member or Union Representative shall meet with the Ministry of Labour representative at the scene and stand by until the representative has completed his/her investigation. The supervisor shall direct the employee back to work and release the scene if the Ministry of Labour representative determines that an unsafe work condition does not exist or has been addressed in Stage One. The supervisor shall implement any Ministry of Labour orders that resolve the concerns of the employee to the furthest extent possible. This may include short term or temporary measures until permanent measures can be put in place. The supervisor shall promptly inform the Division Head if, due to the complexity, costs, special needs and/or time needed to implement any orders of the Ministry of Labour, the supervisor is unable to remedy the situation immediately. The Coordinator, Health & Safety shall receive the Ministry of Labour report and provide copies to the: 1. Chief Administrative Officer; 2. Director; 3. Division Head; 4. Supervisor; and 5. the appropriate JHSC or attending Union Representative. The Director, in consultation with the Coordinator, Health & Safety, shall ensure that the any orders of the Ministry of Labour are complied with within the timeframe stipulated by the Ministry of Labour. Procedure Title: Unsafe Work Refusals Page 6 of 6 Procedure Number: HUR 130-001