How the right to refuse works - Alberta - 2017

HOW THE RIGHT TO REFUSE WORKS (Alberta)

Under Section 35 of the Alberta Occupational Health and Safety Act, you have the right to refuse work that endangers you or another worker.

If you have reason to believe the work is likely to endanger your or someone else, this is what you do.

WORKER

Report the problem to your employer at the worksite and give your reason. Tell your union health and safety representative. It is illegal for the employer to discipline workers for refusing unsafe work  Section 36).

EMPLOYER

Investigates and takes remedial action. The employer must make a written report of the worker’s notification, investigation and actions taken to remove danger. You must receive a copy.

WORKERS

If you believe an imminent danger still exists, you may file a complaint with an officer. You may be assigned to alternate work without loss of pay. No other worker may be assigned until the imminent danger is removed.

OFFICER (INSPECTOR)

Investigates and orders remedial action, giving you and employer copies.

APPEALS

You may request a review of an officer’s report by serving notice to the Director Inspection within 30 days. You challenge unfair discipline by putting in a grievance or filing a complaint with an officer (Section 37).