New Rules in Effect Across BC for Worker Rights to Refuse Unsafe Work

As of August 22, 2022, an amendment to BC’s Occupational Health and Safety Regulation (OHSR) is in effect which creates new obligations for employers after a worker has exercised their right to refuse unsafe work.
Categories: Employee Benefits
Aug 25th, 2022 | By: CapriCMW

As of August 22, 2022, an amendment to BC’s Occupational Health and Safety Regulation is in effect which creates new responsibilities for employers when workers exercise their right to refuse unsafe work.

By law, all workers in BC can refuse to perform any work they have reasonable cause to believe would create an undue hazard to their health or safety. Prior to this latest amendment, the OHS Regulation already outlined steps employers are required to take in response to work refusal, including investigating and correcting unsafe conditions. However, the legislation did not explicitly prohibit reassigning refused work, or require disclosure to any others being asked to carry out the work that it had been refused by someone else.

Under the new section added, an employer cannot reassign refused work unless the health and safety concern has been resolved (according to requirements outlined in the OHS Regulation) or the other worker that will be performing the task in question has been given written notice of the following: 

  • that a worker has previously refused the work 
  • the unsafe condition(s) reported by the individual who refused the work
  • the reason(s) why the employer believes the work would not create an undue hazard
  • the subsequent worker's right to refuse unsafe work

For further details on the new rules, see WorkSafeBC's newly released primer on refusing unsafe work.

 

Recent Blog Posts

Employee Benefits / employee benefits, group benefits, HR
5 Top Trends in Employee Total Rewards

With attrition levels well above the norm in many sectors, total rewards provided by employers are…

Sep 16th, 2022 | By: CapriCMW
Employee Benefits / Construction
Federal Government Announces Funding to Support New Apprenticeships in BC's Construction Industry

$21 million in funding will help small and mid-sized employers in BC's construction industry to hire…

Sep 2nd, 2022 | By: CapriCMW
Business Insurance / Property Management, Strata Corporation, subrogation
Strata Corporations and Subrogation: Recovering Costs of Damages From At-Fault Parties

Our Strata Advisors explain reasons why subrogation can often be a long and arduous process, steps…

Aug 18th, 2022 | By: CapriCMW
Search the Blog
photo-10.jpg

Confidence and Freedom

At CapriCMW, we provide personalized insurance and custom risk solutions to give you the confidence and freedom to focus on what matters to you. Talk to an Advisor or get a quote today.

Get a Quote    Or call 1-800-670-1877

Can’t find what you are looking for? Ask us!