OSH TABLE 5
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Occupational Safety and Health Laws RIGHT TO REFUSE WORK Government = Scope of Right = Effect on Pay = Investigation of Claim = Presumption if Retaliation Occurs United States = Right to refuse when faced with imminent danger that cannot be corrected through inspection. = No right to be paid while refusing to work. = Investigated by OSHA. = OSHA must bring claim and bears burden of proof. Canada - Federal = Right to refuse work reasonably believed to be dangerous unless such danger is a normal part of job or refusal would endanger the life, health, or safety of another. = Protection against financial or other penalties. = Immediate investigation by employer in presence of employee and at least one member of the safety and health committee, if any exists. If matter is not resolved to employee's satisfaction, the employee shall notify a safety officer. = Burden on employer to prove action not discriminatory. Alberta = Duty to refuse work when an imminent danger exists, unless such a danger is a normal part of job. = Must be paid until hazard is abated. = Employer must investigate and eliminate the hazard; if employee feels danger still exists, may complain to an officer. = A worker who has reasonable cause to believe that s/he has been dismissed or subject to disciplinary action may file a complaint with an officer. British Columbia = Right to refuse work if worker has reasonable cause to believe that carrying out work order would create an undue hazard to the health and safety of any person. = No specific provision, except that Regulation 3.25 states that a worker must not be subject to disciplinary action for acting in compliance with regulations. *Division 6 of Bill 14 states that a worker must not be discriminated against for exercising any right or carrying out any duty under the Act or regulations. Discriminatory action includes reduction of wages. = Immediate investigation by employer in presence of worker and member of the committee. If not resolved, supervisor or employer and worker must immediately notify an officer. = Under Bill 14, burden of proof on employer to prove actions not discriminatory. Manitoba = Right to refuse work reasonably believed to endanger health and safety. = Statute silent. = Immediate investigation by employer in presence of worker and member of the committee. If not resolved, officer must be immediately notified. = Burden of proof on employer to prove actions not discriminatory. New Brunswick = Right to refuse work reasonably believed to be dangerous to health and safety. = Must be paid until hazard is abated or matter is resolved. = Immediate investigation by supervisor. If the matter is not resolved to employee's satisfaction, the matter is referred to a committee or officer. = If employee feels discriminatory action has been taken, employee may have the matter dealt with by arbitration or file a complaint with commission. Newfoundland = Right to refuse work reasonably believed to endanger health or safety. = Must be paid until hazard is abated or matter is resolved. = Immediate investigation by supervisor. If the matter is not resolved, it is referred to the committee or worker and officer. If still unresolved, the officer will be assigned to investigate. = Burder on employer to prove actions not discriminatory. Nova Scotia = Right to refuse work reasonably believed to be dangerous to health and safety, unless such danger is a normal part of job or refusal endangers life of another. = Must be paid until hazard is abated or matter is resolved. = Immediate investigation by supervisor. If the matter is not resolved to employee's satisfaction, report to committee or representative. = Burden on employer to prove actions not discriminatory. Northwest Territories and Nunavut (Safety Act) = Right to refuse any work when it is reasonably believed that an unusual danger exists. = Must be paid pending investigation and decision. = Investigation by supervisor, accompanied by worker and a representative or the workers' union or another worker selected by the employee refusing work. = If unresolved by the supervisor, investigation by the Committee or designate of the Chief Safety Officer. Northwest Territories and Nunavut (Mine Safety Act) = May refuse to perform work or operate any machine, equipment, or tool that would endanger the life, health, or safety of any person. = The statute is silent on effects of pay. = Investigated by supervisor, and if unresolved, by supervisor or other management representative in presence of the employee and a worker representative of the OHSC or another worker selected by the employee refusing work. = The Chief Inspector of Mines investigates, and has broad remedial powers. Ontario = Right to refuse work where there is reason to believe it is dangerous unless such danger is a normal part of job or refusal would endanger the life, health or safety of another. = Must be paid while investigation is ongoing. = Stage I: Circumstances of refusal to be investigated by supervisor or employer in presence of worker health and safety representative. Stage II: Inspector investigates refusal in the presence of the employer or her representative, the worker and a committee member. = Burden of proof on employer. Quebec = Right to refuse work believed to be dangerous, unless such danger is a normal part of job or refusal would endanger the life, health or safety of another. = Must be paid until hazard is abated. = Worker must advise immediate supervisor, employer or agent of employer, who then contacts the safety representative; intervention of inspector may be required if refusal continues, upon request of employer. = No employer may dismiss, suspend or transfer a worker who has exercised the right to refuse. However, employer may, within 10 days following an inspector's final decision, dismiss a worker who has abused this right. Prince Edward Island = Right to refuse work reasonably believed to endanger health and safety. = Must be paid until hazard is abated or matter is resolved. However, if it is determined that the refusal was frivolous, the employee shall not be entitled to wages and benefits. = Immediate investigation by supervisor. If the matter is not resolved to the satisfaction of the employee, s/he may report the matter to an officer. = Employer who feels discriminatory action has been taken, may have the matter dealt with by arbitration or file a complaint with the Board. Saskatchewan = Right to refuse work believed to be unusually dangerous to health and safety. = Statute silent. = Immediate investigation by committee. If no committee or worker not satisfied, the worker may request an investigation by an officer. = Burden on employer to prove actions not discriminatory.
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