Work Refusal Overview
The right to refuse unsafe work is one of the three basic health and safety rights for workers stated within OHS Act, Reg & Code. Along with the right to know about the hazards in the workplace, and the right to participate in workplace health and safety decisions.
All employers who have been notified that a worker is refusing work they think is unsafe, are required by law to look into and eliminate the danger. This includes involving the health and safety committee members during the investigation and documenting all findings.
We provide support to employers who may not have the available internal resources to research and update policy, or to those who want to bring in an independent company to support H&S culture change and reinforce the importance of compliance.
The initial stage BVS Canada take in policy development is a short meeting to better understand your business process and requirements. This gives you the opportunity to ask any questions you may have about our policy process or about the OHS Act and legislation in general.
Why Is a Work Refusal Policy Required?
The Occupational Health and Safety Act gives clear direction regarding workers' rights to refuse work they feel is a danger to themselves or others. An employer is required by law to ensure all work refusals are investigated and investigations documented. The employer is also required to review these plans with HSC, as often as is necessary, but at least once annually.
The work refusal policy shall include measures and procedures to ensure workers and employers understand their obligations, protection against discrimination and have a way to investigate and document the investigation.
Additionally, the program must include measures and procedures for workers to report incidents of work refusal to the employer or supervisor and set out how the employer will investigate and deal with incidents.
What you Need
Work Refusal Policy
Work Refusal Procedure
Policy, Procedure and Records Amendment
Training Support Recommendations
Digital & Hard Copy Available for Workers
We will review any existing work refusal and incident investigation documentation
Develop new plan for work refusals, which includes policy, procedure and documentation that reflects OHS Part 31.
When complete, we will meet with management and key personnel to review updated plans.