COVID-19 A Workers Right to Refuse Unsafe Work

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Summary

Each province and territory of Canada has slightly different variations in their respective employment standards but each follow a general guideline, the “internal responsibility system”. Additionally, they cite that “the specific language used to trigger a right to refuse unsafe work varies based on jurisdiction. In a recent presentation to the Conference Board of Canada on March 19, 2020, Andrew Shaw of Baker Mckenzie LLP confirmed that, while employees have the right to refuse work that they believe is unsafe, you must understand what this means within your jurisdiction and its occupational health and safety legislation. If an employee were to disclose that they have an underlying health condition that puts them at a higher risk, and are in an essential role, Shaw said that this would be a circumstance where a work refusal could be considered. Saskatchewan: Workers “have the right to refuse to do any specific job or task which [they] have reasonable grounds to believe is unusually dangerous.

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