32 Workplace Safety & Prevention Services
Tourism & Hospitality: Closing the Loop: Setting Up a Health & Safety System in Your Small Business
common Hazards (continued)
Drowning
Working near water poses the grave risk
of drowning. Think of water parks, resorts,
marinas, water sports, fishing camps and golf
courses. Control measures must be suitable
and sufficient. In the context of golf courses,
an evaluation of the terrain and slope
conditions will ensure safe operating speeds
are used and safe distances are kept from the
water hazards.
work Refusals
You wouldn't want to do work that you
felt was unsafe. You wouldn't expect
your employees to do work that they
felt was unsafe. The law makes provisions
for workers to refuse work they believe
is unsafe.
It's important to understand that most
work refusals never actually become work
refusals, at least not in the formal sense.
Anytime an employee reports a hazard and
you correct it, that's a work refusal that
didn't happen.
But there are situations when it may
become necessary to invoke the right to
refuse. Perhaps your hazard reporting
system is in its early stages or it's an urgent
matter; perhaps it's a case of differing
opinions, between employees or between
an employee and a supervisor. The work
refusal process is there to protect everyone
and everyone should understand how the
process works:
An employee can initiate the work refusal
process when they have reason to believe
that something that they are doing, or are
about to do, is unsafe. There are no magic
words, however, they do have to report their
refusal to work to a supervisor.
Once a supervisor has received the
complaint, they must investigate, in
the presence of the employee and the
employee's health & safety representative.
If the supervisor and the health & safety
representative agree that an unsafe condition
exists, then the employee can be assigned to
another task until corrective action is taken.
If the supervisor does not agree and the
employee continues to refuse, based on
reasonable grounds, the Ministry of Labour
is contacted to investigate. While they wait
for the Ministry of Labour inspector to
arrive, the supervisor can assign the task
to another employee provided that they
explain the previous employee's reason for
refusing, in the presence of the employee's
health & safety representative.
Once the Ministry of Labour investigates,
they will render their decision and leave an
order for corrective action, if necessary.
The law says that an employee may not be
disciplined for initiating a work refusal in
good faith.
