3.12 Procedure for refusal
(1) A person must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person.
(2) A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to subsection (1) must immediately report the circumstances of the unsafe condition to his or her supervisor or employer.
(3) A supervisor or employer receiving a report made under subsection (2) must immediately investigate the matter and
(a) ensure that any unsafe condition is remedied without delay, or
(b) if in his or her opinion the report is not valid, must so inform the person who made the report.
(4) If the procedure under subsection (3) does not resolve the matter and the worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the supervisor or employer must investigate the matter in the presence of the worker who made the report and in the presence of
(a) a worker member of the joint committee,
(b) a worker who is selected by a trade union representing the worker, or
(c) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker.
(5) If the investigation under subsection (4) does not resolve the matter and the worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, both the supervisor, or the employer, and the worker must immediately notify an officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary.
3.13 No discriminatory action
(1) A worker must not be subject to discriminatory action as defined in section 150 of Part 3 of the Workers Compensation Act because the worker has acted in compliance with section 3.12 or with an order made by an officer.
(2) Temporary assignment to alternative work at no loss in pay to the worker until the matter in section 3.12 is resolved is deemed not to constitute discriminatory action.
Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3, Division 6, sections 150 through 153.
Source: B.C. WCB OH&S Regulations
Example:
Refusal of unsafe work (section 3.12)
A worker has the right to refuse any work which that person has “reasonable cause to believe … would create an undue hazard to the health and safety of any person.” Should that situation arise, the worker must follow the protocol set out in section 3.12 (procedure for refusal of unsafe work) of the Occupational Health and Safety Regulation:
http://regulation.healthandsafetycentre.org/s/Part3.asp#SectionNumber:3.12
If an employer requires a worker to work with a known or suspected case of SARS, without providing the appropriate personal protective equipment (PPE) and safe work procedures, then this would clearly constitute a case where there is undue risk to that worker’s health.
Based on currently available information, there is not an undue hazard to a worker’s health in circumstances where he or she works with other workers or members of the public who are not ill and show no symptoms of SARS, even if those individuals have recently traveled from affected areas in the Far East.
Source: Worksafe SARS: General Guide on Applying the OHS Regulation
Important notes! (not from WCB)
1) Under the WCB regulations, we as nurses may be considered supervisors if we have staff that require leadership or direction from us. This is different than being their direct supervisor. This means that we may be held liable if we don't follow correct procedures if one of our staff is refusing to work.
2) There is often a misconception by workers as to what are grounds for work refusal. The subject should be discussed at your Joint OH&S meeting and staff education provided.
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