The right to know
You have the right to be informed of all known or foreseeable risks present in your workplace and to benefit from the information, instructions, training and supervision necessary to protect your health and safety.
In addition, you have the right to consult state or employer reports on employee health and safety, through your occupational health and safety committee.
The right to participate
An employee who is a member of an occupational health and safety committee has the right to participate in the determination and resolution of problems relating to occupational health and safety.
An employer with 300 or more employees working for them must establish a health and safety policy committee to deal with matters that affect the entire organization.
Part II of the Code also provides for an internal complaint resolution process that requires employee participation.
The right to refuse
You have the right to refuse to work if you have reasonable grounds to believe that:
• your workplace is dangerous for you;
• the use or operation of a machine or appliance constitutes a danger to you or to another employee;
• the accomplishment of a task constitutes a danger for you or for another employee.
To be protected by the Code when exercising your right to refuse to perform dangerous work, you must follow the procedure provided. For more information on this procedure and on the right to refuse to perform dangerous work, consult your health and safety committee.
DUTIES OF EMPLOYEES
Health and safety matters
While at work, every employee shall
use any safety materials, equipment, devices and clothing that are intended for the employee’s protection and furnished to the employee by the employer or that are prescribed;
follow prescribed procedures with respect to the health and safety of employees;
take all reasonable and necessary precautions to ensure the health and safety of the employee, the other employees and any person likely to be affected by the employee’s acts or omissions;
comply with all instructions from the employer concerning the health and safety of employees;
report to the employer any thing or circumstance in a work place that is likely to be hazardous to the health or safety of the employee, or that of the other employees or other persons granted access to the work place by the employer;
report in the prescribed manner every accident or other occurrence arising in the course of or in connection with the employee’s work that has caused injury to the employee or to any other person;
report to the employer any situation that the employee believes to be a contravention of this Part by the employer, another employee or any other person.
DUTIES OF EMPLOYERS
The employer shall ensure that the health and safety of every person employed by the employer is protected.
The employer shall, in every work place and, in every work activity carried out by an employee:
Ensure that all buildings meet the prescribed standards.
Investigate, record and report all accidents, occupational diseases and other hazardous occurrences.
Post or electronic form a copy is available in a conspicuous place, a statement of the employer’s general policy, any other printed material related to health and safety.
Ensure that the vehicles and work place meet prescribed standards.
Provide every person granted access to the work place by the employer with prescribed safety materials, equipment, devices and clothing.
Ensure, that employees have safe entry to, exit from and occupancy of the work place.
Consult the work place committee in the implementation of changes that might affect occupational health and safety, including work processes and procedures.
Take the prescribed steps to prevent and protect against violence in the work place
INTERNAL COMPLAINT RESOLUTION PROCESS
1- Verbal to immediate superior
- Unsatisfactory response or no response.
2- Written complaint to the immediate superior
- The employer must provide a response within a reasonable time (max. 30 days).
- The employee can still refuse the answer if he is not satisfied with the answer.
3- Referral to the Health and Safety
- The committee will conduct a joint investigation with the employer to determine if the complaint is justified.
- Following the investigation, a report with recommendations will be provided to the employer or the complaint will be closed if it is unfounded.
- If the employer disagrees with the final report and recommendations, the health and safety committee shall transfer the file to Labour Canada (ESDC).
- If during the investigation the employer and the health safety committee do not agree on the property based on the complaint, the complaint will be transferred to Labour Canada (ESDC).
4- Labour Canada (ESDC) investigation
- The responsible ESDC officer will investigate to see if the complaint is justified.
- In the case of a justified complaint, the officer will issue notices of voluntary compliance (AVC), directives or fine to employers with a delay.
- The employer is always responsible for his complaint, the committee is there to accompany if necessary.
- No disciplinary action will be taken against an employee following a complaint.
- Complaint is a legal tool to change your workplace.
Your Health Safety Committee is here to help you.
To contact us: Jgauthier@aimta1751.ca
Summary of Part II of the Canada Labour Code
Canada Occupational Health and Safety Regulations
Interpretations, Policies and Guidelines (IPGs)