Common use of Refusal of Unsafe Work Clause in Contracts

Refusal of Unsafe Work. (a) Notwithstanding the provisions of the Occupational Health and Safety Act, a worker may refuse to perform any work activity which he or she has reason to believe is likely to endanger someone. (b) When a worker has refused to perform work under Paragraph (a) it is agreed that the procedures of the Occupational Health and Safety Act will apply as if the worker had refused under the terms specified in the Act. (c) When a worker has refused to perform unsafe work either under the terms of this agreement or under the terms of the Occupational Health and Safety Act, the employer agrees not to re-assign that work to another worker, until work has been declared safe by a Certified Health and Safety Representative or by a Ministry of Labour Inspector.