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102-275
Broadway |
MFL Occupational Health Centre, Inc. |
In Manitoba health and safety rights are guaranteed by the Workplace Safety and Health Act and the Canada Labour Code. Most workers are under provincial authority and are protected by the Workplace Safety and Health Act.
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Workers
in Manitoba have
Both
union and non-union |
Workers who are employed
by the federal public service, federal crown corporations, or the banking, transportation,
communications, and grain industries are under federal authority. They are covered
by the Canada Labour Code.
This factsheet outlines the rights of workers protected by the Manitoba Workplace
Safety and Health Act. The health and safety rights provided by the Canada Labour
Code are similar but not exactly the same. Workers who are protected by the
Canada Labour Code should contact Human Resources Development Canada or their
union for information about their health and safety rights.
Workers have the right to know about the hazards in their workplace. Employers are required by law to inform and train workers about all the hazards of their job and how to work safely around these hazards.
Workers are also protected by the Workplace Hazardous Materials Information System (WHMIS). WHMIS requires employers to
A Material Safety Data
Sheet is written by a product manufacturer. It includes a list of the hazardous
ingredients, health effects due to overexposure, and some information on how
workers can protect themselves. The MSDS must be provided by the manufacturer
or supplier and be available to workers in their workplace.
2. Right To Participate
Workers have the right to participate in health and safety concerns in their workplace. Workers exercise their right to participate through the joint health and safety committee or a workplace safety and health representative.
Health and Safety Committees
Workplaces that employ 20 or more employees must set up a joint (employer/employee) health and safety committee. At least one half of the committee must be workers.
Committee Participation
Workers have the right to decide who should represent them on the committee. These workers' representatives can either be elected by co-workers or appointed by the union. The names of the committee members must be posted prominently in the workplace.
Committee Duties
Joint health and safety committees must meet at least once every three months. Health and safety committees do workplace inspections, investigate accidents, participate in right to refuse inspections, and discuss health and safety concerns in their particular workplace. It is important that workers tell their worker representative about any health and safety issues that arise.
Committee Training
Employers must allow health and safety committee members to take two days of educational leave for health and safety training each year without loss of pay or benefits.
Workplace Safety and Health Representative
Workplaces that have 10 - 19 workers must have a workplace safety and health representative appointed by the union or elected by the workers. The representative must not be a member of management.
The name of the representative must be posted prominently in the workplace.
The workplace safety and health representative is responsible for the same duties as those of the health and safety committee.
Workers have the right to
refuse to do a job when they have reasonable grounds to believe that a task
or condition of work may be dangerous to themselves or to a co-worker or any
other person.
There are four steps to follow to refuse unsafe work. A worker cannot be laid-off,
suspended or penalized for refusing unsafe work if the proper procedure is followed.
| Step 1 | Report the concern and the refusal to work to the supervisor. |
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Step 2
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If the employer does not correct the dangerous condition immediately, the employer and worker co- chairperson of the committee must immediately investigate the situation with the worker who refused work. The worker has the right to continue to refuse to work even if the employer does not believe there is any danger or if the problem is not corrected to the worker's satisfaction. The employer has the right to ask the worker to do other work.
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Step 3
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If the dangerous condition is not corrected after the inspection, the worker, employer or the worker co-chairperson should call a safety and health officer at the Workplace Safety and Health Division about the refusal to work and the reasons for it. |
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Step 4
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The Safety
and Health Officer will investigate the situation with the worker, the employer,
and the worker co-chairperson of the committee present. The Safety and Health Officer will write a report that directs the employer to correct the problem if the Officer thinks the job is dangerous. If the Safety and Health Officer decides the work is safe, then the worker must return to work. |
Appeals
The worker or employer has
14 days after receiving the written or verbal decision to appeal the decision.
Workers may continue to refuse while the decision is being appealed.
Resources
There are many resources available to you in Manitoba. They can provide information, advice and printed material on a wide range of health and safety issues.
Talk to your health and safety representative about health and safety in your workplace.
Workplace Safety and Health Division Regional Offices
| Winnipeg
200-401 York Ave. Winnipeg, MB R3C 0P8 Ph: (204) 945-3446 Toll Free 1-800-282-8069 |
Brandon 340 9th St. Brandon, MB R7A 6C2 Ph: (204) 726-6744 |
Stonewall
336 Main St. Box 1249 Stonewall, MB R0C 2Z0 Ph: (204) 467-4790 |
| Beausejour
639 Park Ave. Box 50 Beausejour, MB R0E 0C0 Ph:(204) 268-6044 |
Flin
Flon 202-143 Main Street Flin Flon, MB R8A 1K2 Ph: (204) 687-1624 |
Snow
Lake Box 520 Snow Lake, MB Ph: (204) 358-2392 |
| Thompson 59 Elizabeth Drive Thompson, MB R0B 1M0 R8N 1X4 Ph: (204) 677-6820 |
Human Resources Development
Canada - Labour Program
2nd Floor, 391 York Avenue
Winnipeg, Mb R3C 0P8
Ph:(204) 983-6375
revised November 12, 2002
