Refusal of Unsafe Work

The District supports the position that no employee shall carry out or have cause to carry out any work process and/or operate any tool, appliance or piece of equipment, when that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person.  

This section outlines the processes when reporting and investigating a refusal of unsafe work and other FAQ.

Flow Chart: Refusal of Unsafe Work

• Supervisor Forms: Refusal of Unsafe Work

Frequently Asked Questions in K-12 Public Education

The refusal of unsafe work process is outlined in section 3.12 of the Occupational Health and Safety Regulation (The Regulation). Every worker has this right. The Regulation is clear about the rights and obligations of workers and employers respectively. However, when working with student behaviour it can be more complex and nuanced; this is the focus of this Frequently Asked Questions (FAQ).

It is impossible to define every situation in an FAQ document. Your specific context must always be considered. Use these questions and responses to support your internal responsibility system and facilitate the decision-making process. Accommodation questions are not considered in this FAQ.

General refusal to work questions

• 1. What is the difference between reporting an unsafe condition and refusing unsafe work?

  Reporting an unsafe condition is a preventative step that a worker must take to support workplace safety. Whereas refusing unsafe work is a right and an obligation to not perform work when there is an undue hazard to any person.

• 2. I don’t think that the hazard of my work meets the definition of undue hazard, but it just doesn't feel safe, now what do we do?

  Report to your supervisor as required by section 3.10 of The Regulation.

• 3. I have never raised a safety concern at any job before. I am nervous about what others might think if I refuse what I see as unsafe work. What should I do?

  Report the safety concern to your supervisor and see if an investigation is underway. If you objectively believe that doing the work would present an undue hazard you must exercise your rights and obligations under the Workers Compensation Act (The Act) & Regulation.

• 4. Can a worker be disciplined for refusing work?

  A worker can refuse unsafe work and an employer cannot subject the worker to reprisal, including discipline, for exercising their rights under The Act or The Regulation. If, after all the steps for investigating a work refusal have been followed, and WorkSafeBC has determined there is no undue hazard, then the worker is no longer protected from disciplinary action. Also see Section 3.13 of The Regulation for more information.

• 5. Can my employer send me home without pay after exercising my right to refuse unsafe work?

  No, as per section 3.13 of The Regulation, a worker must not be subject to prohibited action because the worker has acted in compliance with section 3.12 or with an order made by a WorkSafeBC Officer. If, after all the steps for investigating a work refusal have been followed, and WorkSafeBC has determined there is no undue hazard, then the worker is no longer protected from disciplinary action. Also see Section 3.13 of The Regulation for more information.

• 6. Why can’t we just call WorkSafeBC right away to deal with the refusal of unsafe work?

  The Workers Compensation Act and Regulation empowers and requires employers and workers to work together to address hazards and to ensure safe workplaces. The Right to Refuse process has very specific steps set out in The Regulation under section 3.12 that need to be followed. The last step is the worker and employer contact WorkSafeBC. See the process in “WorkSafeBC roles, rights and responsibilities Refusing unsafe work” at WorkSafeBC. (Workers have the right to contact WorkSafeBC at any time – Health and Safety assistance prevention information line: 1-888-621-7233.)

• 7. I was pretty shaken up when I went home on Friday afternoon. I emailed my supervisor to let them know I am refusing unsafe work and will not be there until the situation with the student is resolved. Is there anything else I need to do?

  The procedure for resolving a work refusal requires workers and employers to work together to resolve the problem, which will require you to be present. You need to be available when the employer investigates the matter, and your employer may assign you other work while the investigation is ongoing.

• 8. Do I need to be onsite to refuse unsafe work?

  Yes, so that you can participate in the steps for investigating and resolving the work refusal.

• 9. How long should it take to resolve a refusal of unsafe work?

  A report of unsafe work, and the refusal of unsafe work, must be immediately investigated, and some work refusals can be resolved right away. The time needed to investigate and resolve a work refusal may depend on the nature of the hazard, and whether the worker and employer can agree on how to solve the problem.

• 10. If WorkSafeBC determines there is no undue hazard, do I need to return to work?

  10. If WorkSafeBC determines there is no undue hazard, do I need to return to work?

• 11. Are workers required to follow safe work procedures?

  Yes, workers are required to follow established safe work procedures. Where a worker believes a safe work procedure does not address the hazards, they must report to their supervisor or employer as soon as possible.

• 12. Can more than one worker refuse unsafe work at the same time?

  Yes, however the procedure for refusing unsafe work generally works best when each worker makes their own reasoned assessment of the hazard, reports the unsafe condition, and participates in the investigation. Due to differences between individual workers, what may be unsafe for one person, may not be unsafe for another. For example, one person may have the required training to do the work and the other does not. Once the work refusal has been initiated there are protections for other workers who may be subsequently asked to perform the refused work. Including the requirement for employers to provide them with specific written notice.

• 13. Can a third-party representative, who is not exposed to the hazard, initiate a refusal of unsafe work on behalf of a worker or group of workers?

  No. The obligation to report and refuse unsafe work is the obligation of the worker who believes there is an undue hazard. A worker may seek the advice or assistance of a union or other representative, but the obligation to report and refuse unsafe work remains that of the worker.

This is a break should be a header (reassignment of refused work

try again insert accordion 2

• 14. Why didn’t I receive written notice when I was assigned to work with a student that another worker had refused unsafe work about?

  Written notice is not required if the issue has been corrected or the refusal process has been resolved.

• 15. Can I refuse re-assigned work as “unsafe work” if I have not received the required written notice?

  First, confirm with your supervisor if the work you have been assigned is part of an ongoing unsafe work refusal process and discuss next steps, including receiving written notice when required. Regardless of whether you receive written notice, if you are asked to carry out work where there is an undue hazard and a reasonable belief you are at risk of injury, you must refuse unsafe work.

This is a break should be a header (Student related refusal of unsafe work questions)

try again insert accordion 3

This is a break should be a header (Non-student related refusal questions

try again insert accordion 4