Unsafe Work and the Right to Refuse Policy/ Procedure
This Policy section pertains to the following WCA
Part 3 Division 10 Sections 172 – 177 Accident Reporting and Investigation
WCA Policy
Policy Item D10-172-1 Accident Reporting and Investigation
This Policy section pertains to the following OHS Regulation:
Part 3 Contents of a Health and Safety Program Section 3.3 Contents of program sub section (f)
Part 3 Correction of Unsafe Conditions
Section 3.9 Remedy without delay
Section 3.10 Reporting unsafe conditions
Section 3.11 Emergency circumstances
Part 3 Refusal of Unsafe Work
Section 3.12 Procedure for Refusal
Section 3.13 No discriminatory action
The Policy/Procedures
All workers at Northern Lights College regardless of position have the right to refuse what they perceive as unsafe work. Any worker may request an onsite safety inspection by the Health, Safety & Environment Advisor (HSEA) and a representative of the Joint Occupational Health and Safety Committee (JOHSC). The following procedure must be followed when refusing suspected unsafe work (Note: this policy does not pertain to a near miss incident)
- Halt the task or duty
- Orally report the task or job to the immediate supervisor.
- The supervisor will investigate and correct if necessary the unsafe conditions as per WorkSafeBC Regulation 3.12 3a.
- If necessary the supervisor will consult with the HSEA and a worker representative from the JOHSC to determine the best course of action for correction.
- The supervisor will then send an email report to the HSEA detailing the unsafe condition, the process of correction and completion time.
- The HSEA will copy the report to the JOHSC
- If the corrective action will take longer than a normal shift or require extensive engineering controls, the supervisor will inform the HSEA and the Facilities Manager via email the unsafe condition, outlined needs, expected time of completion.
If the supervisor determines that the task or duty was not being carried out under unsafe circumstances or conditions the supervisor will inform the worker and then send an email to the HSEA detailing the initial report of unsafe action and the process of deciding safety.
Once corrective action has been carried out the worker may examine the situation and decide that s/he may not want to continue working under the circumstances. If the worker does not want to continue to work in the environment that s/he perceives as unsafe then the procedure for unsafe work investigation outlined in this policy will take effect.
Additional Links:
Investigation Procedures and Guidelines
-- Created June 2007 | Revised June 2008 | Review Date June 2009 -----