1. Work Place Committees and Health and Safety Representatives Training Module 3 - INTERNAL COMPLAINT RESOLUTION PROCESS

2. Work Place Committtee and H&S Representative Training 2 Complaint Resolution Processes The internal complaint resolution process; The right to refuse dangerous work; and Pregnant and nursing mothers’ provisions The work place committee or representative play an important role in each process

3. Work Place Committtee and H&S Representative Training 3 Internal Complaint Resolution Process (ICRP) Employee complains to supervisor If it is fixed, no further action is required If not, complaint goes to work place committee/rep for investigation If employer disagrees with results, fails to act or the investigating team is unable to agree, matter is then referred to HRSDC by the employer or the employee

4. Work Place Committtee and H&S Representative Training 4 Health and safety officer : may issue directions may recommend that the employer and employee resolve the matter shall issue directions if a danger exists may determine that there is no contravention

5. Work Place Committtee and H&S Representative Training 5 Exercise - ICRP In a Branch Office, the carpet on the second floor was replaced with vinyl tiles. During the installation process, there was a complaint from an employee (Mary Smith) about the odour that was coming from this material. The employee experienced a sore throat, runny nose and watery eyes that she attributed to the adhesive that was being used. The employee wants to make a complaint.

6. Work Place Committtee and H&S Representative Training 6 Danger (section 122) any existing or potential hazard or condition or any current or future activity that could reasonably be expected to cause injury or illness to a person exposed to it …

7. Work Place Committtee and H&S Representative Training 7 Right to Refuse - When? An employee has reasonable cause to believe: The use of a machine or thing presents a danger to self or colleague(s); Working conditions present a danger to self; or The performance of an activity presents a danger to self or colleague(s).

8. Work Place Committtee and H&S Representative Training 8 Restrictions An employee cannot refuse if: the refusal puts the life, health or safety of another person directly in danger; or the danger is a normal condition of employment

9. Work Place Committtee and H&S Representative Training 9 What is Normal? the normal steps taken to mitigate risk, for example: – training, – supervision, – job knowledge, – personal protective equipment, – established procedures/processes, – etc.

10. Work Place Committtee and H&S Representative Training 10 Refusal to Work Process Step 1:The refusing employee must first report refusal to immediate supervisor. Step 2:If supervisor agrees, action is taken to fix. Employer must advise work place committee (or rep) of action taken. Step 3:If not fixed, employee may continue refusal and the employee shall inform both the employer and the work place committee.

11. Work Place Committtee and H&S Representative Training 11 Refusal to Work Process (cont’d) Step 4: The employer must investigate in the presence of the refusing employee and an employee member of the committee or health and safety representative. Step 5:If the refusing employee still believes that there is danger, may continue to refuse, but must advise the employer.

12. Work Place Committtee and H&S Representative Training 12 Refusal to Work Process (cont’d) Step 6:The employer shall notify a health and safety officer (of HRSDC) and inform the work place committee (or representative). Step 7:A health and safety officer investigates the situation and makes a decision as to whether or not danger exists. – The refusing employee may continue to refuse without penalty. The supervisor may assign reasonable alternate work unrelated to the refusal.

13. Work Place Committtee and H&S Representative Training 13 TB Directive 2-19 19.6.1 b. – the department shall not assign any other employee to use or operate the machine or thing or to work in that place pending resolution of the situation

14. Work Place Committtee and H&S Representative Training 14 Note - Repayment of Wages If an employee abuses the right to refuse by knowingly exercising this right when there is no danger, then the employer can recover all wages and benefits paid out to the employee during the time of the refusal

15. Work Place Committtee and H&S Representative Training 15 Pregnant and Nursing Employees If a pregnant or nursing employee feels her job functions may pose a risk to her health or that of the fœtus or child, then she may cease to perform her job.

16. Work Place Committtee and H&S Representative Training 16 Pregnant and Nursing Employees Any time from the beginning of pregnancy until no longer nursing. Employer obligated to notify the work place committee, with the employee’s permission. Employee can be reassigned. Employee must see her doctor ASAP. Once a medical certificate is obtained, provisions of the collective agreement apply.