Work Refusals
Related Documents
Everyone has the right to refuse work that they have reasonable grounds to believe is unusually dangerous.
The unusual danger may threaten themselves or others and includes:
- danger that is not normal for the job;
- something that would normally stop work; and
- a situation that the worker isn’t trained, equipped or experienced to perform.
Individuals initiating their right to refuse:
- are protected from discriminatory action;
- continue their refusal until they are satisfied it is no longer unusually dangerous or an Occupational Health Officer has ruled against the refusal; and
- remains in the workplace unless otherwise advised by the employer.
If one of your team members initiates a work refusal, you should:
- Seek to understand and determine if, in your opinion, the work is unusually dangerous
- If in agreement, attempt to rectify/address the situation that has resulted in the work being unusually dangerous
- If unable to address the unusually dangerous situation, the refusal should be escalated to the OHC co-chairs and Staff Safety Specialist
It is possible that after seeking to understand the concern, you may not agree that the work is unusually dangerous. This can be communicated to the impacted individual, however, they do not need to perform the work unless they agree that the work is not unusually dangerous.
An employer can assign refused work to another employee if they believe another employee can do the work safely; perhaps they have the required training.
Reassigning work is always dependent on the individual factors around a work refusal.
If the employer reassigns refused work, they must inform the co-worker in writing of the following:
- The work has been refused as unusually dangerous.
- Why the work was believed to be unusually dangerous.
- Why they believe the worker can do the work safely.
- They have the right to refuse if they believe the work is unusually dangerous to them.
You can find more information on work refusal at:
- The Saskatchewan Employment Act, Part 3, Division 5
- Government of Saskatchewan, Duties and Rights of Workers
- Worksafe Saskatchewan, Know your Rights at Work
If you are currently trying to resolve a work refusal and require assistance, please contact your local staff safety specialist.