Refusal of Unsafe Work

Immediately notify your supervisor/employer what work you are refusing and the reasons why. The supervisor/employer must immediately investigate the refusal and correct if possible. In addition, please report your work refusal through IRIS when able, even if you and your supervisor/employer were able to resolve the refusal quickly.

A detailed flowchart is available on the HSE ShareSpace outlining all of the potential steps in a refusal of unsafe work investigation. The process is essentially a series of escalating investigations based on whether any step of the process result in resolution and the worker no longer refusing the work.

1. The first step is an immediate investigation between the worker and their supervisor to attempt to resolve the source of the problem, and can include implementing additional controls as deemed necessary.
2. If the worker continues to refuse after this first investigation then an additional worker is retained to participate in a second investigation. The additional worker can be a worker representative from the JOHSC (Joint Occupational Health and Safety Committee) responsible from the refusing worker’s area or a worker selected by the union representing the refusing worker. If there is neither a JOHSC or union representing the worker then any other reasonably available worker can be selected by the refusing worker. BCIT HSE should also be contacted to participate in the investigation at this stage as a resource. A second investigation will take place involving the supervisor, the refusing worker, the selected party, and any additional personnel required to help bring the issue to resolution.
3. If the worker continues to refuse after the second investigation, then the final step is for the worker and their supervisor/employer to contact WorkSafeBC. A prevention officer will investigate the workplace related to the cause of the refusal. The outcome will either be the officer determining that the work in question is safe to perform, and the worker will be required to return to work, or the employer will receive orders to implement controls at the discretion of the officer before the worker can return to the task(s) in question.

The supervisor/employer investigating a work refusal is required to document each investigation stage and outcome in detail. Please use the BCIT Refusal of Unsafe Work Report to keep records of the investigation process. This document should be shared with all involved parties at each stage of the investigation.

After you formally refuse unsafe work to your supervisor, you are not permitted to perform the task being refused until you have indicated that you are no longer refusing the work, or a WorkSafeBC Prevention Officer deems the task as acceptable should the investigation escalate to that point.

Your supervisor/employer or any other party may not to take prohibited actions (see Worker’s Compensation Act, Part 2 Division 6 Section 47) against you as result of your refusing unsafe work. Your supervisor/employer is permitted to reassign you to a different task until the work refusal is resolved.

The employer must not require or permit another worker to the refused work unless the matter has been resolved or the employer has, in writing advised the other worker and worker refusing the work the following:

• The refusal
• The reported unsafe condition
• The reasons why the work would not create an undue hazard to the health and safety of the other work or any other person
• The right of the other worker to refuse unsafe work

BCIT Occupational Health and Safety Policy

Occupational Health and Safety Regulations (Section 3.12)

Guidelines to Occupational Health and Safety Regulations (G-3.12)

BC Worker’s Compensation Act (Part 2 Division 6 Section 47)

BCIT Refusal of Unsafe Work Report