Work Refusal Procedure

PURPOSE
To outline the proper procedures and action to be taken by a security officer if he/she has reason to believe it endangers the health and safety of themselves or fellow workers.

DEFINITIONS
THE ACT: Occupational Health and Safety Act

REGULATIONS
A worker may refuse to work or do particular work where he or she has reason to believe that,

  1. any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker;
  2. the physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself; or
  3. any equipment, machine, device or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contravention is likely to endanger himself, herself or another worker.

- Section 43, “The Occupational Health and Safety Act”

PROCEDURE

  1. A security officer observes a situation that he or she feels could endanger the health and safety of him/herself or fellow workers.
  2. The security officer immediately informs supervisor of circumstances of refusal.
  3. The supervisor, complainant and a worker representative from Canadian Protection Providers Inc Health and Safety Committee will investigate the concern. If a worker representative from Canadian Protection Providers Inc Health and Safety Committee is not available, one should be made available and attend without delay.
  4. While waiting for the investigation to be completed, the worker shall remain at a safe place near the workstation.
  5. The Health and Safety Coordinator will ensure that a Work Refusal Record Form is completed.
  6. Once the investigation is complete, the following action will be taken:
    • The supervisor agrees with concern and takes corrective action to assure a safe workplace.
    • The supervisor does not agree and the security officer no longer has a concern. The worker will then return to work.
    • The supervisor does not agree but the worker is still refusing to work due to the conditions being perceived as unsafe. At this point, an Inspector must be called in to investigate the concern in the presence of the worker, employer and worker representative.
    • While waiting for the Inspector, the complainant may be assigned another job.
    • Another security officer may be assigned the job awaiting investigation as long as they are informed of the reason that the original security officer refused the assignment, in the presence of the Canadian Protection Providers Inc Health and Safety Committee representative.
    • Once the Inspector has completed the investigation, the decision will be given to the employer in writing. The employer is to post that decision and take corrective action if ordered.

MORE INFORMATION
Please refer to Regulation 43 of the Occupational Health and Safety Act if more information is required.