Question

On a page titled Refusing Unsafe Work address the issues that arise in the following scenario based at Crunchy Cookie Company noted in #2 above. This is about a situation that could occur between you as the Safety Manager responsible for OH&S and an employee.

In this situation, you are rushing to complete a large cookie order for one of your regular customers. David [the worker] has refused to continue working in the production area because the packaging machine he operates is leaking hydraulic fluid onto the floor which is [in his opinion] unsafe. When you first arrive at the machine you can see wisps of smoke emanating from the housing.

Identify the steps for refusing unsafe work for both you and the worker. Can you discipline or fire an employee for refusing unsafe work?

Answer 1

When an employee believes a task is unsafe, they have the right to refuse. The steps to refuse unsafe work include notifying a supervisor, following established procedures, and collaborating to find solutions. Employers cannot discipline or fire employees for refusing unsafe work.

Step-by-step explanation:

When an employee believes that a task is unsafe, they have the right to refuse to perform it. In this scenario at Crunchy Cookie Company, David, the worker, has refused to continue working because the packaging machine he operates is leaking hydraulic fluid and emitting smoke, which he deems unsafe. As the Safety Manager responsible for occupational health and safety (OH&S), your first step is to assess the situation. If you agree that the task is unsafe, then you should take the following steps:

1. Notify your supervisor or manager about the unsafe conditions and explain why the task cannot be continued.
2. Follow the company's established procedures for reporting and documenting unsafe conditions or incidents.
3. Collaborate with your supervisor or manager to find solutions to the problem and address the unsafe conditions.

As for disciplining or firing an employee for refusing unsafe work, employers cannot retaliate against workers or discriminate against them for exercising their rights under the Occupational Health and Safety Act (OHSA). It is illegal to punish an employee for refusing to perform an unsafe task.