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In our province, the Saskatchewan Employment Act guarantees workers the legal right to a safe and healthy workplace. While every individual person on-site is responsible for maintaining high standards of health and safety, the Act (supported by Part III, Occupational Health and Safety) also recognizes that only those who are appropriately empowered and informed can sufficiently carry out these responsibilities. Because of this, the Act entitles workers to three important rights:
- The Right to Know
- The Right to Participate
- The Right to Refuse
The Right to Know
Workers have the right to know about every hazard that they will encounter on their job site. This involves training not only concerning job duties and procedures but also on how to identify hazards and adequately protect themselves. This may include issues such as the chemicals they could encounter in the field — or which ergonomic impacts they might have to deal with on an average day — and how to mitigate and lessen the impact these dangers could have on their well-being. The Right to Know also includes education on the rights granted to them under Saskatchewan’s OHS legislation.
The Right to Participate
Workers have the right to be included in decision-making processes that will have a direct influence on their health. This not only encompasses membership in a joint employer-worker Occupational Health Committee but also the opportunity to be consulted on safe work procedures and practices. Concerns and complaints are to be free of reprisal; in this way, a worker should feel secure knowing that their voices will be heard. If workers can prove that this is not the case, there will be legal repercussions available as set out in the Act.
The Right to Refuse
To see how central the Right to Refuse is to the Saskatchewan Employment Act, let’s examine Section 3-31 of the Act itself: “A worker may refuse to perform any particular act or series of acts at a place of employment if the worker has reasonable grounds to believe that the act or series of acts is unusually dangerous to the worker’s health or safety, or the health or safety of any other person at the place of employment until:
(a) sufficient steps have been taken to satisfy the worker otherwise, or
(b) the Occupational Health Committee has investigated the matter and advised the worker otherwise. Workers must have the ability to raise their concerns. However, it is just as important to participate in the following process once you have reasonable grounds to believe that a job is unusually dangerous:
Step 1: Involve the supervisor
- Supervisor and worker attempt to resolve the concern. A supervisor may reassign a worker during the investigation; the worker does not leave the worksite without permission of the employer.
- During the investigation, the employer shall not request or assign another worker to perform that act or series of acts unless that other worker has been advised by the employer, in writing, of:
(a) the refusal and the reasons for the refusal;
(b) the reason or reasons the worker being assigned or requested to perform the act or series of acts may, in the employer’s opinion, carry out the act or series of acts in a healthy and safe manner; and
(c) the right of the worker to refuse to perform the act or series of acts pursuant to section 3-31.
Step 2: If the worker is not satisfied, involve Occupational Health Committee co-chairs
-OHC co-chairs interview the worker and supervisor in order to assist in refusal resolution.
-Co-chairs refer to standards of organization, legislation, etcetera, in order to resolve refusal.
Step 3: If the worker is not satisfied, the Occupational Health Committee investigates
-An emergency OHC meeting is convened by the co-chairs in order to investigate the refusal.
- If required, a quorum vote comprised of both worker and employer representatives decides if the disputed work is unusually dangerous. Unanimity is required to vote on a refusal.
- OHC sends recommendations for corrective action to the employer. The employer acts and notifies the OHC of the results.
Step 4: If the worker is not satisfied, the Ministry is involved through their representative
- The government’s Occupational Health Officer investigates and provides a written ruling to the parties involved. This decision could then be appealed further to the director of occupational health and safety. While these are three of the most powerful rights you have, they are not the only ways that you can protect yourself. You are your own best advocate. Please take the time to download and read the Act and Regulations for yourself. They can be found in PDF format from the following links:
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