Prior to filing a complaint or refusal, we encourage our members to first contact their area health and safety representative for advice and ongoing support. If a health and safety representative is unavailable, contact should be made with your Governing Council representative.
The following internal complaint resolution process must be followed under the CLC prior to contacting a health and safety officer:
Section 128(1) of the Canadian Labour Code part II provides for the right to refuse work if you have reasonable cause to believe that a danger exists. Under section 122 (1) of the CLC, 'danger' means any hazard, condition or activity that could reasonably be expected to be an imminent or serious threat to the life or health of a person exposed to it before the hazard or condition can be corrected or the activity altered;
"Refusal to work if danger"
Under the section 147.1 (1) of the CLC, "an employer may, after all the investigations and appeals have been exhausted by the employee who has exercised rights under sections 128 and 129, take disciplinary action against the employee who the employer can demonstrate has wilfully abused those rights." The employee must be provided with written reasons for the discipline from the employer within 15 days after receiving the employee's request, section 147.1(2) of t