Administrative Procedure 414: Refusing Unsafe Work
Legal References
Occupational Health and Safety Act Sections 43 & 50; Reg. 857: Teachers
Related References
Administrative Procedure (AP) 138 Positive Workplace Environment; AP 175 Accidents, Incidents, and Occupational Illnesses; AP 351 Code of Conduct; AP 357 Violence Threat and Risk Assessment; AP 359 Police School Board Protocol; AP 404 Violence Prevention in the Workplace; AP 410 Environmental Health and Safety; AP 413 Infection Control; AP 540 Hazardous Materials Disposal; AP 541 Hot Work; AP 542 Indoor Environmental Quality; AP 544 Hazardous Energy Control; AP 545 Chemical Spill Hazardous Emission; AP 547 Fire Safety
1.0 Right to Refuse Work
This administrative procedure provides a means for all staff members of Avon Maitland District School Board to exercise their right to refuse to do work they have "reason to believe" may endanger them or other staff members in accordance with the Occupational Health and Safety Act.
This administrative procedure provides a means for all staff members of Avon Maitland District School Board to exercise their right to refuse to do work they have "reason to believe" may endanger them or other staff members in accordance with the Occupational Health and Safety Act.
2.0 Administrative Procedure
2.1 Introduction
2.1.1 A staff member of Avon Maitland District School Board may refuse to do work if the member has "reason to believe" that:
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- Any equipment, machine, device or thing that the staff member is using or is told to use is likely to endanger oneself or another employee of the board;
- The physical condition of the workplace is likely to endanger the staff member;
- Workplace violence is likely to endanger oneself; or,
- Any equipment, machine, device or thing that the staff member is using or the physical condition of the workplace is a contravention of the Occupational Health and Safety Act or the regulations and such contravention is likely to endanger themselves or another employee of the board.
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2.1.2 There is a limitation on a teacher's right to refuse unsafe or unhealthy work. Teachers may not exercise this right if in doing so the teacher places the life, health or safety of a student in imminent jeopardy.
2.1.3 All staff members are responsible for reporting to their principal/supervisor, the absence of or defect in any equipment or protective devices, any contravention of the Occupational Health and Safety Act or regulations and the existence of any hazard of which they are aware.
2.1.4 The principal/supervisor, once notified, along with the staff member who raised the health and safety concern, will investigate the concern, as soon as possible. Refer to Administrative Procedure 175 Accidents, Incidents and Occupational Illnesses.
2.1.3 All staff members are responsible for reporting to their principal/supervisor, the absence of or defect in any equipment or protective devices, any contravention of the Occupational Health and Safety Act or regulations and the existence of any hazard of which they are aware.
2.1.4 The principal/supervisor, once notified, along with the staff member who raised the health and safety concern, will investigate the concern, as soon as possible. Refer to Administrative Procedure 175 Accidents, Incidents and Occupational Illnesses.
2.2 Stage 1 (see Appendix A)
2.2.1 If a staff member has "reason to believe" that work is likely to endanger themselves or another worker, they must inform the principal/supervisor that they are refusing to work or do particular work. The staff member must be physically present at the workplace to report a work refusal.
2.2.2 The principal/supervisor must immediately initiate the investigation of the work refusal by notifying the Superintendent responsible for Human Resource Services or designate of the work refusal who will arrange to have a JHSC certified worker attend the investigation without delay. The appropriate union or federation representative(s) will also be notified.
2.2.3 While waiting for the JHSC certified worker to attend and until the investigation is completed, the staff member refusing work shall remain in a safe place at the workplace and be available to participate in the investigation.
2.2.4 The principal/supervisor will investigate the work refusal in the presence of the JHSC certified worker and the staff member refusing the work.
2.2.5 The principal/supervisor will document the work refusal circumstances and any outcome of the refusal on the Work Refusal Investigation Form (Appendix B).
2.2.6 Until the investigation is completed, the principal/supervisor may, in the presence of the JHSC certified worker, assign the staff member refusing work other reasonable work, subject to provisions of any collective agreement during the staff member’s normal working hours.
2.2.7 Until the investigation is completed, the principal/supervisor may assign the work being refused to another staff member. When doing so, the principal/supervisor must, in the presence of the JHSC certified worker, advise this staff member of the work refusal and the other staff member’s reason(s) for refusing work.
2.2.8 The principal/supervisor will advise the staff member, in the presence of the JHSC certified worker, the results of the investigation and any corrective actions. If the staff member agrees that the work is no longer likely to endanger, the work refusal is resolved and the staff member returns to work.
2.2.2 The principal/supervisor must immediately initiate the investigation of the work refusal by notifying the Superintendent responsible for Human Resource Services or designate of the work refusal who will arrange to have a JHSC certified worker attend the investigation without delay. The appropriate union or federation representative(s) will also be notified.
2.2.3 While waiting for the JHSC certified worker to attend and until the investigation is completed, the staff member refusing work shall remain in a safe place at the workplace and be available to participate in the investigation.
2.2.4 The principal/supervisor will investigate the work refusal in the presence of the JHSC certified worker and the staff member refusing the work.
2.2.5 The principal/supervisor will document the work refusal circumstances and any outcome of the refusal on the Work Refusal Investigation Form (Appendix B).
2.2.6 Until the investigation is completed, the principal/supervisor may, in the presence of the JHSC certified worker, assign the staff member refusing work other reasonable work, subject to provisions of any collective agreement during the staff member’s normal working hours.
2.2.7 Until the investigation is completed, the principal/supervisor may assign the work being refused to another staff member. When doing so, the principal/supervisor must, in the presence of the JHSC certified worker, advise this staff member of the work refusal and the other staff member’s reason(s) for refusing work.
2.2.8 The principal/supervisor will advise the staff member, in the presence of the JHSC certified worker, the results of the investigation and any corrective actions. If the staff member agrees that the work is no longer likely to endanger, the work refusal is resolved and the staff member returns to work.
2.3 Stage 2
2.3.1 If following the investigation or any corrective action, the staff member continues to believe the work continues to be likely to endanger, the staff member may continue to refuse to work or do particular work.
2.3.2 If the staff member continues to refuse work or do particular work, the principal/supervisor must immediately notify a Ministry of Labour, Immigration, Training and Skills Development (MLITSD) inspector (1-877-202-0008) to report a work refusal.
2.3.3 While waiting for the inspector, the staff member shall remain in a safe place at the workplace and be available to participate in the investigation.
2.3.4 The principal/supervisor may, in the presence of the JHSC certified worker, assign the staff member other reasonable work, subject to provisions of any collective agreement during the staff member’s normal working hours.
2.3.5 The Ministry of Labour inspector will investigate the refusal in the presence of the principal/supervisor or employer representative, refusing staff member, and the JHSC certified worker.
2.3.6 Until the investigation and decision of the inspector, the principal/supervisor may assign the work to another worker. When doing so, the principal/supervisor must, in the presence of the JHSC certified worker, advise this worker of the work refusal and the other staff member’s reason(s) for refusing work.
2.3.7 The inspector will provide a written decision whether the circumstances of the work refusal is likely to endanger the staff member or other person. The inspector will provide the decision to the principal/supervisor, staff member, and the JHSC certified worker.
2.3.8 If the inspector decides the work is likely to endanger a worker or other person, they may issue orders or make recommendations to the employer.
2.3.9 If the inspector decides the work is not likely to endanger a worker, the refusing staff member will be expected to return to work.
2.3.10 The principal/supervisor shall ensure that all orders written by the inspector and any other corrective actions are carried out.
2.3.11 Nothing herein precludes the board or union from appealing the inspector’s decision in accordance with the Occupational Health and Safety Act and/or collective agreement.
2.3.2 If the staff member continues to refuse work or do particular work, the principal/supervisor must immediately notify a Ministry of Labour, Immigration, Training and Skills Development (MLITSD) inspector (1-877-202-0008) to report a work refusal.
2.3.3 While waiting for the inspector, the staff member shall remain in a safe place at the workplace and be available to participate in the investigation.
2.3.4 The principal/supervisor may, in the presence of the JHSC certified worker, assign the staff member other reasonable work, subject to provisions of any collective agreement during the staff member’s normal working hours.
2.3.5 The Ministry of Labour inspector will investigate the refusal in the presence of the principal/supervisor or employer representative, refusing staff member, and the JHSC certified worker.
2.3.6 Until the investigation and decision of the inspector, the principal/supervisor may assign the work to another worker. When doing so, the principal/supervisor must, in the presence of the JHSC certified worker, advise this worker of the work refusal and the other staff member’s reason(s) for refusing work.
2.3.7 The inspector will provide a written decision whether the circumstances of the work refusal is likely to endanger the staff member or other person. The inspector will provide the decision to the principal/supervisor, staff member, and the JHSC certified worker.
2.3.8 If the inspector decides the work is likely to endanger a worker or other person, they may issue orders or make recommendations to the employer.
2.3.9 If the inspector decides the work is not likely to endanger a worker, the refusing staff member will be expected to return to work.
2.3.10 The principal/supervisor shall ensure that all orders written by the inspector and any other corrective actions are carried out.
2.3.11 Nothing herein precludes the board or union from appealing the inspector’s decision in accordance with the Occupational Health and Safety Act and/or collective agreement.
2.4 Reprisals Prohibited
2.4.1 No person acting on behalf of the Avon Maitland District School Board shall:
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- Dismiss or threaten to dismiss an employee of the board;
- Discipline or suspend or threaten to discipline or suspend an employee of the board;
- Impose any penalty upon an employee of the board; or,
- Intimidate or coerce an employee of the board, because the employee has exercised the right to refuse unsafe work in accordance with the Occupational Health and Safety Act.
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Appendix A - Work Refusal Flowchart (please see pdf)
Appendix B - Work Refusal Investigation Form (please see pdf)
Amended August 2023