Legislation

Southwest Horizon School Division is vitally interested in the safety and health of its employees, students and visitors. Protection of employees from injury or occupational disease is a major continuing objective. We will make every effort to provide a safe and healthy work environment. We are committed to promoting a safe and healthy workplace for all employees, contractors, students and visitors. We understand the importance of safety to the well being and productivity of our people and strive to safeguard the workplace from injury and malfeasance through dereliction of duty towards safety. We will act in compliance with all, Federal and Provincial workplace safety and health legislation. Southwest Horizon School Division will act in compliance with the Workplace Safety and Health Act  of Manitoba and its Regulations. 

Regardless of the size of the company, the nature of the work or the danger inherent in it, Canadian employees possess four inalienable rights:

• The Right to Refuse Unsafe Work

• The Right to Know about Workplace Hazards

• The Right to Participate in Workplace Safety and Health

• The Right to Protection from discriminatory action for exercising their rights or responsibility to work in a safe and healthy manner.

Any Southwest Horizon School Division employee can refuse to work if they have a reasonable belief that one or more of the following situations exist:

• Machinery, equipment or tools required in the performance of job duties presents a safety hazard and their use may cause an injury to the worker or those nearby.

• The working conditions are unsafe and may cause an injury to the worker or those nearby.

• The workplace conditions or machinery, equipment or tools represent a violation of the Manitoba Workplace Safety and Health Act and represents a physical danger to the safety and health of the worker or those nearby.

• The worker has a reasonable expectation that the work would place them in danger of physical violence.

Required Actions

In the event of work being refused or stopped, the following actions are required of employers and employees, as per the guidelines stated by Manitoba Workplace Safety and Health.

Employees

• Inform your Supervisor of the work refusal immediately and provide an explanation.

• Detailing the rationale behind the refusal.

• Stay nearby in a safe place until an investigation has been completed.

• In the event that you are unsatisfied with the results of the investigation, you may continue to refuse the work provided that you have reasonable grounds to base the continued refusal on.

Southwest Horizon School Division Executive Team and Supervisors

1. Southwest Horizon School Division Executive Team and Supervisors shall conduct an investigation into the situation immediately after learning of the refusal will work to find an effective, safe and mutually agreeable resolution to the issue in the presence of the worker and one of the following:

• Joint Safety & Health committee (JSHC) member that represents the workers

• Divisional Workplace Safety and Health Officer;

• Another worker that has been chosen by his peers (or union) to represent the workers.

2. In the event that an employee is unsatisfied with the resolution and continues to refuse the work, Southwest Horizon School Division Executive Team or Supervisors must contact the Workplace Safety and Health Officer (Provincial) to notify them of the situation.

3. While awaiting the arrival and findings of the Manitoba Workplace Safety and Health     Officer (Provincial) Southwest Horizon School Division Executive Team or Supervisors may assign other reasonable work during normal work hours for the employee that has refused work.

4. The Manitoba Workplace Safety and Health Officer (Provincial) will conduct an investigation to determine if the work presents a danger to the safety and health of the employee. The findings of the investigation must be provided in writing, to all parties including the Southwest Horizon School Division employee and the Southwest Horizon School Division Executive Team or Supervisor, the Safety and Health Representative and the Divisional Workplace Safety and Health Officer. In the event that the work is determined to be safe, the employee shall be expected to return to work.

Continuing Work That Has Been Refused

• In the event where work has been refused and the Southwest Horizon School Division Executive Team or a Supervisor have investigated the situation and provided a resolution to the issue and the worker continues to refuse the work, then the Southwest Horizon School Division Executive Team or Supervisors may ask another worker to perform the refused work while waiting for the Manitoba Workplace Safety and Health Officer (Provincial) to investigate and give a decision on the continued refusal.

• Where a second worker is asked to perform work that has been refuse, the second worker must be informed of the initial work refusal and the reasons for the refusal. This information must be provided in the presence of a union representative (where applicable) or a safety and health representative.

• The second worker also has the right to refuse the work.

Payment for Refused Work

• Workers are entitled to payment at their appropriate rate during a work refusal.

• A person acting as a worker representative during a work refusal is paid at their regular rate of pay.

• Southwest Horizon School Division is not required to continue payment in the event that the refused work has been inspected and ruled safe by a Manitoba Workplace Safety and Health Officer (Provincial).

Discipline for Refusal to Work

• Southwest Horizon School Division employees will not be disciplined for refusing to work if they have a reasonable belief that the work is unsafe or could endanger themselves or others.

• Southwest Horizon School Division employees are required to work in accordance with the regulations set forth by the Workplace Safety and Health Act of Manitoba and have the rights to seek their enforcement.

• Southwest Horizon School Division shall not penalize, dismiss, discipline, suspend or threaten to do any of these things to a worker who has obeyed the law and regulations of the Workplace Safety and Health Act of Manitoba.

• In the event that a work refusal was made in bad faith or if the worker continues to refuse the work after the Manitoba Workplace Safety and Health Officer (Provincial) finds that the work is unlikely to endanger the worker, Southwest Horizon School Division may elect to utilize disciplinary action(s) up to and including termination of employment with cause.

Additional Information found -

• The Right to Know about Workplace Hazards – See Administrative Procedure for Hazard Assessment

• The Right to Participate in Workplace Safety and Health – See Administrative Procedure for the Joint Safety and Health Committee (JSHC)

• The Right to Protection from discriminatory action for exercising their rights or responsibility to work in a safe and healthy manner. See the Administrative Procedure for Anti-Violence and Harassment in the Workplace