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YOUR RIGHTS
As a BC forest worker you have some basic, inalienable rights that you must be aware of. Unfortunately, some employers will not inform you of your RIGHT TO REFUSE UNSAFE WORK, your RIGHT TO KNOW about workplace hazards and your RIGHT TO PARTICIPATE in health and safety issues in your workplace.
Here are three basic rights that you need to know.
RIGHT TO REFUSE UNSAFE WORK
Under law, you have the right to refuse work that you believe is unsafe for you to do or that you believe would be detrimental to the health and safety of others. It is written into Occupational Health and Safety Regulations in the BC Workers Compensation Act.
And you have the right to refuse the use of unsafe equipment, without losing your job.
Here is the correct procedure to follow;
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Report and Remain on Site: Report the unsafe work issue to the company supervisor and the workers health and safety rep if there is one available. Make sure you stay on the job for the remainder of the shift, while you try to report the refusal. Do not walk off the job! If it’s a situation the supervisor can repair after his/her investigation or says the work is safe, you can still disagree with the supervisor if you believe the situation remains unsafe. Then a joint investigation must take place.
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Joint Investigation: The second time a supervisor will investigate the work with a worker representative on the joint health and safety committee or a worker from the refusing workers union. If there’s no committee or union rep around, then you can choose any worker you want to join the supervisor on the investigation.
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WCB Inspectors Investigation: If you still believe it’s unsafe, then you have the right to call the Workers Compensation Board.
That toll free number is 1-866-621-SAFE (7233) between 8:30-4:30 pm Monday to Friday. The WCB inspector will inspect the site and decide whether it needs repair or not, before you return to work.
If you can’t get a hold of the WCB, then you can call the FOREST WORKERS SAFETY NETWORK through the United Steelworkers District 3 switchboard at 604.683.1117. Ask for Ron Corbeil.
Note: If you refuse work that you believe is unsafe you will not lose any pay. But you can be assigned to other work by your employer. You cannot be disciplined or fired either.
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 ATTENTION COASTAL STEELWORKERS
In 2007 your union negotiated contract language in the Coast Master Agreement (CMA) to give you additional protections to Refuse Unsafe Work.
This information is carried in Article XXIII Section 8. The Right to Refuse procedures are largely the same as specified by the above regulations.
Union members also have the right to have the Steelworkers select another employee to be in the presence of the supervisor or employer if you refuse to work after the supervisor or employer has deemed the workplace safe to work in.
If you still believe it unsafe, the employer or supervisor must join you in immediately notifying a WorkSafeBC officer to come in and “investigate the matter without undue delay and issue whatever orders are deemed necessary.”
In addition to having the basic protections as provided in the CMA, you are now able to use the Grievance Procedure in the collective agreement.
If the employer slips up you can grieve the Right to Refuse Unsafe work. |
RIGHT TO KNOW
In BC, as in all provinces, you have the RIGHT TO KNOW about workplace hazards, in all their forms.
The employer must proactively tell you about physical hazards, dangerous chemicals, protective clothing and procedures and all other known health and safety hazards, risks and precautions.
You have the right to be informed about any know hazards.
RIGHT TO PARTICIPATE
You have the RIGHT TO PARTICIPATE in health and safety issues in your workplace. This includes the possibility of being involved in a joint management-worker Occupational Health and Safety Committee or becoming a health and safety representative.
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ATTENTION COASTAL STEELWORKERS
Your Coast Master Agreement includes long-standing contract language that ensures the election of union members to the management-union Joint Occupational Health and Safety Committee (OHSC).
Your elected peers in each union operation become the spokesperson representing you and other Steelworker members. Your fellow workers are with you on the front line of health and safety matters and are the most exposed to the everyday realities that you may face.
When there are 20 or more employees the OHSC shall have at least 4 members, evenly split between management and the union. For workplaces under 20 employees, there shall be at one rep from each side.
The OHSC must have USW members and employer reps who have knowledge about the area they represent.
USW local unions have a tradition of providing training and education to OH&S committee members. |
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