Under the Canada Labour Code Part II an employee may refuse to use or operate a machine, to work in a place or to perform an activity if the employee, while at work, has a reasonable cause to believe that:

1. the use or operation of a machine or thing constitutes an imminent danger to the employee or another employee; or
2. a condition exists at work that constitutes an imminent danger to the employee; or
3. the performance of an activity by the employee constitutes an imminent danger to the employee or to another employee.

Work Refusal – steps to be followed

Employee:
An employee who feels that the work environment is unsafe is responsible for:

1. Informing their Immediate Manager, without delay, of the reasons why the work environment is considered unsafe (CLC 128.(6)); and seeking direction from their immediate manager on the options to carry out assigned tasks from an alternate workplace or using alternate arrangements (telework etc.).
2. Continued Refusal: If the employee still feels that the matter is not resolved and continues work refusal, they must inform their manager in writing and their union (if applicable):
   1. The employee must complete the LAB-1069 form and register the form with Employment and Social Development Canada (ESDC). For further information, the employee may call 1-800-641-4049 (24 hours, seven days a week);
   2. The employee must provide a copy of the LAB-1069 form to their manager.

Manager:
A manager, once advised of a work refusal, is responsible for:

1. Immediate Investigation:
   1. The manager (working on site):
      1. Must investigate the matter in the presence of the employee;
      2. The employer cannot, at this point, assign someone else to do the work that the employee refused to do;
      3. If a danger exists, the manager shall take immediate action to protect employees from the danger;
      4. Once the situation has been resolved, the manager must inform the employee and the Workplace Committee (or Representative) of the matter and the actions taken to resolve it within 30 days.
   2. The Manager (working off site):
      1. The manager must work in collaboration with a member of management on site to investigate the matter in the presence of the employee.
      2. If a danger exists, the member of management on site shall take immediate action to protect employees from the danger.
      3. Once the situation has been resolved, the member of management on site must inform the employee, the manager and the Workplace Committee (or Representative) of the matter and the actions taken to resolve it within 30 days.
2. Continued Refusal: If the employee still feels that the matter is not resolved and continues their work refusal (CLC128(9)), the manager must:
   1. Immediately contact the Health and Safety Committee/Rep for guidance without providing names or locations.
   2. Start inputting information in the Report on Refusal to Work. Please note that Annex B is a working document and the official LAB-1184 form must be completed and registered with ESDC at the end of the process.
      1. LAB-1184 (section 1-10) is to be completed by the manager
   3. Receive a copy of the employee’s LAB-1069 form that the employee has registered with ESDC.
3. Health and Safety Committee/Rep Investigation: The employee and the manager must cooperate with the health and safety committee/rep investigation.
4. Upon receiving the investigation report from the health and safety committee/rep, the manager must review the decision and take corrective action if required.
   1. Once corrective action has been taken, the manager must inform the health and safety committee/rep.
5. Employee satisfied: If the employee agrees that the matter has been resolved, they must return to work, and their manager must inform the health and safety committee/ rep. The official LAB-1184 form shall be filled out and registered with ESDC by the manager and the investigator(s).
6. Employee not satisfied: If the employee disagrees, their manager must inform the health and safety committee/rep. The official LAB-1184 form shall be filled out and registered with ESDC by the manager and the investigator(s).

Appendix A – Canada Labour Code, Part II (CLC-II)

ITEMS	RISK MANAGEMENT REQUIREMENTS Note: “Prescribed” means prescribed by the Canada Occupational Health and Safety Regulations.	LEGISLATIVE REFERENCES
1. Employer’s Duties	Ensure that the health and safety at work of every person employed by the employer is protected.	CLC-II 124
	Provide every person granted access to the work place by the employer with prescribed safety materials, equipment, devices and clothing.	CLC-II 125 (1)(l)
	Provide, in the prescribed manner, each employee with the information, instruction, training and supervision necessary to ensure their health and safety at work.	CLC-II 125 (1)(q)
	Ensure that each employee is made aware of every known or foreseeable health or safety hazard in the area where the employee works.	CLC-II 125 (1)(s)
	Ensure that every person granted access to the work place by the employer is familiar with and uses in the prescribed circumstances and manner all prescribed safety materials, equipment, devices and clothing.	CLC-II 125 (1)(w)
	Ensure that the activities of every person granted access to the work place do not endanger the health and safety of employees.	CLC-II 125 (1)(y)
	Develop, implement and monitor, in consultation with the policy committee or, if there is no policy committee, with the workplace committee or the health and safety representative, a prescribed program for the prevention of hazards in the work place appropriate to its size and the nature of the hazards in it that also provides for the education of employees in health and safety matters.	CLC-II 125 (1)(z.03)
	When necessary, develop, implement and monitor a program for the provision of personal protective equipment, clothing, devices or materials, in consultation, except in emergencies, with the policy committee or, if there is no policy committee, with the work place committee or the health and safety representative.	CLC-II 125 (1)(z.13)
	Take all reasonable care to ensure that all persons granted access to the workplace, other than the employer’s employees, are informed of every known or foreseeable health or safety hazard to which they are likely to be exposed in the work place.	CLC-II 125 (1)(z.14)
2. Employee’s Duties	Use any safety materials, equipment, devices and clothing that are intended for the employee’s protection and furnished to the employee by the employer or that are prescribed.	CLC-II 126 (1)(a)
	Follow prescribed procedures with respect to the health and safety of employees.	CLC-II 126 (1)(b)
	Take all reasonable and necessary precautions to ensure the health and safety of the employee, the other employees and any person likely to be affected by the employee’s acts or omissions.	CLC-II 126 (1)(c)
	Comply with all instructions from the employer concerning the health and safety of employees.	CLC-II 126 (1)(d)
	Report to the employer any thing or circumstance in a work place that is likely to be hazardous to the health or safety of the employee, or that of the other employees or other persons granted access to the work place by the employer.	CLC-II 126 (1)(g)
3. Internal Complaint Resolution Process	An employee who believes on reasonable grounds that there has been a contravention of this Part or that there is likely to be an accident or injury to health arising out of, linked with or occurring in the course of employment shall, before exercising any other recourse available under this Part, except the rights conferred by sections 128, 129 and 132, make a complaint to the employee’s supervisor.	CLC-II 127.1 (1)
4. Refusal to Work if Danger	An employee may refuse to use or operate a machine or thing, to work in a place or to perform an activity, if the employee while at work has reasonable cause to believe that: the use or operation of the machine or thing constitutes a danger to the employee or to another employee; a condition exists in the place that constitutes a danger to the employee; or the performance of the activity by the employee constitutes a danger to the employee or to another employee.	CLC-II 128 (1)(a)(b)(c)