The Right to Refuse Unsafe Work Clause Samples
The Right to Refuse Unsafe Work clause grants employees the authority to decline tasks or duties they reasonably believe pose a danger to their health or safety. In practice, this means that if a worker encounters a hazardous situation—such as faulty equipment, exposure to toxic substances, or unsafe working conditions—they can refuse to proceed until the issue is properly addressed by the employer. This clause serves to protect employees from being compelled to work in environments that could cause harm, ensuring workplace safety and encouraging employers to promptly resolve safety concerns.
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The Right to Refuse Unsafe Work. 1. If an Employee, acting in good faith and on the basis of objective evidence, believes that there exists an unsafe or unhealthful condition beyond the normal hazards inherent in the operation (Unsafe Condition), s/he shall notify his/her immediate supervisor. The Employee and the supervisor will make every attempt to resolve the condition in the interest of safety. Thereafter, s/he has the right, subject to reasonable steps for protecting other Employees and equipment, to be relieved from duty on that job and to return to that job only when the Unsafe Condition has been remedied. The Company may assign the Employee to other available work in the plant, consistent with this Agreement and without displacing another Employee.
2. If the Company disputes the existence of the allegedly Unsafe Condition, the Grievance Chair and the Plant General Manager or their designees will immediately investigate and determine whether it exists.
3. If after the investigation it is determined that the condition existed, the Employee will be made whole for any lost time in connection with the condition. If after the investigation the Company does not agree that an Unsafe Condition exists, the Union has the right to present a grievance in writing to the appropriate Company representative and thereafter the Employee shall continue to be relieved from duty on the job. The grievance will be presented without delay directly to an arbitrator, who will determine whether the Employee acted in good faith in leaving the job and whether the Unsafe Condition was in fact present.
4. No Employee who in good faith exercises his/her rights under this Section will be disciplined.
5. If an arbitrator determines that an Unsafe Condition within the meaning of this Section exists, s/he shall order that the Condition be corrected and that the correction occur before the Employee returns to work on the job in question and the Employee shall be made whole for any lost earnings.
The Right to Refuse Unsafe Work. If you encounter an unsafe condition at work, your first obligation is to report it to your Supervisor. Once you have done that, you may refuse to work at a job or task where you have reason to believe that: • Any machine or equipment you are supposed to use is likely to endanger yourself or another worker, or • The condition of the workplace itself is hazardous. You must promptly notify your Supervisor of your refusal. He must then investigate the matter in your presence and that of a Health and Safety Representative of the workers (normally the ▇▇▇▇▇▇▇ or a member or the Health & Safety Committee). If the Supervisor orders you back to work and you are still not satisfied that the job is safe, you may continue to refuse to work, provided you have reasonable grounds to believe the condition still constitutes a hazard. At this point, the Inspector from the Ministry of Labour must be called in. While you are waiting for him, the Supervisor can request that someone else perform the job provided that he is informed that the job was refused and the reasons for the refusal. This second worker also has the same right to refuse. The refusing worker may be assigned reasonable alternative work, subject to the Collective Agreement. The decision of the Inspector is final. Although his order may be appealed, you must return to the job if he so orders, pending the outcome of such appeal. Cope343/jq ARTICLE 1 - PURPOSE OF AGREEMENT 2 ARTICLE 2 - SCOPE AND RECOGNITION 2 ARTICLE 3 - RESERVATIONS TO MANAGEMENT 3 ARTICLE 4 - UNION SECURITY 3 ARTICLE 5 - UNION REPRESENTATION 6 ARTICLE 6 - GRIEVANCE PROCEDURE 7 ARTICLE 7 - ARBITRATION 11 ARTICLE 8 - STRIKES AND LOCKOUTS 13 ARTICLE 9 - CLASSIFICATIONS, RATES OF PAY AND SPECIAL ALLOWANCES 13 ARTICLE 10 - HOLIDAYS 17 ARTICLE 11 - VACATIONS 18 ARTICLE 12 - SENIORITY 21 ARTICLE 13 - LEAVE OF ABSENCE 26 ARTICLE 14 - HEALTH AND WELFARE 28 ARTICLE 15 - HOURS OF WORK AND OVERTIME 29 ARTICLE 16 - NO DISCRIMINATION 31 ARTICLE 17 - BULLETIN BOARD 32 ARTICLE 18 - HEALTH & SAFETY 32 ARTICLE 19 - DURATION OF AGREEMENT 33
The Right to Refuse Unsafe Work. If you encounter an unsafe condition at work, your obli- gation is to report it to your Supervisor. Once you have done that, you may refuse to work at a job or task where you have reason to believe that: Any machine or equipment you are supposed to use is likely to endanger yourself or another worker, or The condition of the workplace itself is hazardous. An employee may not refuse to use or operate a machine or thing or to work in a place where: The refusal puts the life, health or safety of another person directly in danger; or The danger referred to is inherent in the employee’s work or is a normal condition of employment. You must promptly notify your Supervisor of refusal. He must then investigate the matter in presence and that of a Health and Safety Representative of the workers (nor- mally the ▇▇▇▇▇▇▇ or a member of the Health & Safety Com- mittee). If the Supervisor orders you back to work and you are still not satisfied that the job is safe, you may continue to refuse to work, provided you have reasonable grounds to believe the condition still constitutes a hazard. At this point, a Safety Officer must be called in. While you are waiting for him, the Supervisor can request that someone else perform the job provided that he is informed that the job was refused and the reasons for the refusal. This sec- ond worker also has the same right to refuse. The refusing worker may be assigned reasonable alternative work, subject to the Collective Agreement. The decision of the Inspector is final. Although his order may be appealed to the Board, you must return to the if he so orders, pending the outcome of such appeal. (Labour
The Right to Refuse Unsafe Work. (a) The Company will ensure that all employees are informed that they have the right to refuse hazardous work which may harm them or any person
(b) When an employee exercises their right to refuse, they will notify the supervisor. The Supervisor will promptly notify the JHSC Union co-chair or designee who will participate in the investigation. The employee, who has refused, will remain at work and participate, as required, in the investigation of the hazard.
(c) No other employee will be asked or permitted, by the Company, to perform the work of the employee who refused, unless the employee is informed of the reasons for the work refusal. This must be done in the presence of the Union co-chair.
(d) If the Union co-chair and the supervisor cannot agree on a remedy to the work refusal, the government inspector will be called.
(e) No employee will be discharged, penalized, coerced, intimidated or disciplined for refusing hazardous work or for acting in compliance with the OHSA or its regulations.
The Right to Refuse Unsafe Work. Any employee encountering an unsafe or hazardous situation shall immediately cease work and contact the Board Office and shall be subject to WorkSafe BC Occupational Health and Safety Regulations.
The Right to Refuse Unsafe Work. If you encounter an unsafe condition at work, your first ob- ligation is to report it to your Supervisor. Once you have done that, you may refuse to work at a job or task where you have reason to believe that: Any machine or equipment you are supposed to use is likely to endanger yourself or another worker, or The condition of the workplace itself is hazardous. You must promptly notify your Supervisor of your refusal. He must then investigate the matter in your presence and that of a health and safety representative of the workers (normally the ▇▇▇▇▇▇▇ or a member of the Health Safety Committee). If the Supervisor orders you back to work and you are still not satisfied that the job is safe, you may continue to refuse to work, provided you have reasonable grounds to believe the condi- tion still constitutes a hazard. At this point, the inspector from the Ministry of Labour must be called in. While you are waiting for him, the Supervisor can request that someone else perform the job provided that he is informed that the job was refused and the reasons for the re- fusal. This second worker also has the same right to refuse. The refusing worker may be assigned reasonable alternative work, subject to the Collective Agreement. The decision of the Inspector is final. Although his order may be appealed, you must return to the job if he so orders, pend- ing the outcome of such appeal. Recognition and Coverage
The Right to Refuse Unsafe Work. The right to refuse unsafe work is guaranteed in the Ontario Occupational Health and Safety Act. The Act requires that individual workers initiate a work refusal. Section 23 of the Act spells out the procedures you must follow. Note that this is a summary only. Consult the Act for official reference. Copies are available from the CUPE 3903 office and the York Department of Occupational Health and Safety.
The Right to Refuse Unsafe Work. The right to refuse unsafe work is defined in the Ontario Occupational Health and Safety Act. The OHSA allows individuals to refuse unsafe work provided certain criteria are met. Section 43 of the OHSA spells out the procedures you must follow. Note that this is a summary only. Consult the OHSA for official reference. Copies are available from the CUPE 3906 office or online at: ▇▇▇▇://▇▇▇.▇-▇▇▇▇.▇▇▇.▇▇.▇▇/html/statutes/english/elaws_statutes_90o01_e.htm
The Right to Refuse Unsafe Work. If you encounter an unsafe condition at work, your first obligation is to report it to your Supervisor. Once you have done that, you may refuse to work at a job or task where you have reason to believe that
The Right to Refuse Unsafe Work. No employee shall be discharged, penalized or disciplined for refusing to work on a job or in any workplace or to operate any equipment where the employee or a member of the Occupational Health and Safety Committee believes that it would be unsafe or unhealthy to the employee, an unborn child, a workmate, or the public, or where it would be contrary to the applicable federal, provincial or municipal health and safety legislation or regulations. There shall be no loss of pay or seniority during the period of refusal. No employee shall be ordered to or permitted to work on a job that another worker has refused until the matter is investigated by the Occupational Health and Safety Committee and satisfactorily settled.