Refusal of unsafe work policy

Refusal of Unsafe Work
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.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.