KNOWLEDGE IS POWER: KNOW YOUR RIGHTS – SHOULD YOU NEED TO EXERCISE THEM
First Stage
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Worker considers work unsafe
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Worker reports refusal to his/her supervisor or employer
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Worker may also wish to advise the worker safety rep. and/or management rep.
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Worker stays in safe place.
CUPE Local 1328 Health and Safety Committee Contacts:
https://cupelocal1328.ca/committees/
Employer or supervisor investigates in the presence of the worker and the worker safety representative.
Issue Resolved
Issue Not Resolved
Second Stage
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With reasonable grounds to believe work is still unsafe, worker continues to refuse and remains in safe place.
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Worker or employer or someone representing worker or employer calls the Ministry of Labour.
Ministry of Labour Health & Safety Contact Centre:
Fax: 905-577-1316
TTY: 1-855-653-9260
Toll-free: 1-877-202-0008
- Ministry of Labour Inspector investigates in consultation with the worker, safety rep. and supervisor or management rep.[1]
- Inspector gives decision to worker, management rep./supervisor and safety rep. in writing.
- Changes are made if required or ordered.
- Worker returns to work.
[1] Pending the Ministry of Labour investigation:
- The refusing worker may be offered other work if it doesn’t conflict with a collective agreement
- Refused work may be offered to another worker, but management must inform the new worker that the offered work is the subject of work refusal.
- This must be done in the presence of:
- a member of the joint health and safety committee who represents workers; or
- a health and safety representative, or
- a worker who because of his or her knowledge, experience and training is selected by the trade union that represents the worker or, if there is not trade union, by the workers to represent them
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