Scenario:
You work in a large office. Your pay is not high, and you don’t have much money saved. You’ve always been something of a fighter, standing up for your rights and encouraging your friends to do the same. You’ve just been transferred to another part of the office under a different supervisor.
1. Your supervisor asks you to spend the week working with some chemicals for the office copiers. You’ve heard of other people getting sick by handling office machine chemicals and are reluctant to do it yourself unless you know that the chemicals are safe. Your supervisor gives you a direct order to do the job. “What is this, the army?” you say.
(a) Do you have a right to know what chemicals you’re handling, and if they’re safe?
Yes. Like all workers you have the right to know about any hazards you may be exposed to on the job. This includes:
- the right to be trained
- the right to have information about machinery, equipment, working conditions, processes and hazardous materials and
- the right to training about WHMIS, the “Workplace Hazardous Materials Information System”, where the work involves hazardous materials
All controlled products (for example, flammable or poisonous materials) must be labelled or identified. Material Safety Data Sheets (MSDS), which gives information about handling these products safety, must also be available in the workplace.
Do not handle products that are not labelled or that you have not been trained to use!
(b) Do you have a right to refuse work that you have reason to believe is likely to endanger your health and safety?
Yes. You have the right to refuse work you believe is dangerous to either your health and safety or another worker’s health and safety.
If you believe there is a hazard in the workplace, you have a duty to report it to your employer or supervisor.
If you believe the problem is not being dealt with adequately, you should advise the joint health and safety committee or the health and safety representative in the workplace.
If the workplace has no committee or representative, or you want more information or advice, phone your nearest Ministry of Labour office found in the Blue Pages of your phone book. If you are represented by a union, contact your union official.
2. You’ve investigated and found that coming in contact with some office machine chemicals for more than a limited time can indeed be hazardous to your health and to the health of any children you might want to have. That would be true either by breathing the fumes or through direct skin contact. As a result, you refuse to obey your supervisor. The supervisor charges you with insubordination and suspends you from work.
(a) Do you have a right to a hearing at which you can defend yourself?
Yes. If you belong to a union, you should contact the union representative immediately. All union contracts have provisions that require a grievance hearing be held immediately or within a few days after the grievance is filed. Some contracts require that the union representative be present when the employer conducts any disciplinary action against a worker. If you do not belong to a union you have the right to a hearing before the Ontario Labour Relations Board (OLRB).
(b) Do you have the right to be represented by someone at a hearing?
Yes. If you belong to a union, the union representative will represent you at the grievance hearing. If you do not belong to a union and have a hearing with the OLRB you have a right to hire your own lawyer or other representative. In the Toronto area there is a health and safety legal clinic that will represent non-union workers in these situations.
3.You print a leaflet about the unsafe working conditions. When you post one on the bulletin board, the supervisor tears it down. When you try to hand out the leaflet in your office, the supervisor confiscates all your copies. “I thought this was a free country!” you say.
(a) Do you have a right to do what you did? What are your rights of free speech in the workplace?
No. In a non-union workplace the company sets the rules as it sees fit. They have the right to decide what is posted on the company bulletin boards, and what may be handed out on company property.
If you have a union in your workplace, you should contact them as soon as you make the refusal. At this point your union representative or the health and safety committee person will advise you on what steps should be taken and will work with you to make sure your rights are protected.
4. You go to a meeting of the union for your office and ask the union to call a strike because of your suspension and because of unsafe working conditions.
(a) Does the union have a right to strike for these reasons?
No. A union can only go on strike when their collective agreement has expired and they are in a process of collective bargaining with their employer to reach a new agreement.
Workers’ Legal Rights
The Occupational Health and Safety Act protects you in the workplace unless you are a farm worker, or a domestic. Federal workers are covered under a separate piece of legislation.
The Act gives minium requirements to protect everyone else from health and safety hazards on the job. It gives workers three rights. The Right to Know, The Right to Participate, and The Right to Refuse Unsafe Work.
What Is the Right To Know?
Your employer must inform you of any known hazards in your workplace and provide training so that you can work safely. The Workplace Hazardous Materials Information System (WHMIS) Regulation is one important part of your right to know. It gives you the information you need to work safely with materials used in your workplace. These are the symbols you will find on products to warn you of possible dangers.
But not all products have WHMIS warning labels. If the product does not have a label, don’t use it! Find out what it is. Most unions offer health and safety and WHMIS training.
What is the Right To Participate?
You have the right to participate in health and safety issues in your workplace. You can be a member of a Joint Health and Safety Committee where there are 20 or more regularly employed workers; where there are 6 to 19 employees a committee is not required, but a representative is. Unions place a great deal of importance on these positions, and take responsibility for maintaining a healthy and safe working environment for their members very seriously.
What is the Right To Refuse Unsafe Work?
You have the right to refuse work that you believe is dangerous to your health and safety or to that of another worker. There are steps that must be followed for refusing to work. These are set out in the Act. When the steps have been followed, your employer cannot punish you for refusing to do unsafe work. Workers in non-unionized workplaces may still find themselves being punished for this, but this punishment is illegal. If you do get fired, threatened or disciplined for refusing unsafe work, call your nearest Ministry of Labour office listed in the Blue Pages of your phone book right away. In many cases, companies prefer to pay a worker off rather than give the job back. Unions protect against this practice.
Do You Know Your Rights To Workers’ Compensation?
Scenario:
You are employed at a fast food restaurant for the summer. You earn $7/hr and averages 20 hrs/week. You also have another part time job cutting grass with a landscape firm and earn $8/hr for an average of 20 hrs/week.
While working in the restaurant one day you slip on a wet floor and twist your back. You finish your shift but notice the pain and discomfort is increasing. You see your doctor the next day who advises you that you have strained the muscles in your back and should not go back to any work for at least 2 weeks.
Are you entitled to benefits from the Workplace Safety and Insurance Board? (WSIB)
Yes. Most employers in this province must have WSIB coverage for all their employees. If an employee suffers an injury or disease as a result of the workplace, that employee would be eligible for benefits and services from the WSIB.
How would you apply for these benefits from the WSIB?
After you have sought attention from your doctor for a work-related injury, the doctor must send in a report to the WSIB which will initiate a claim and further investigations. You must also advise the employer of your injury and the fact that you have seen the doctor who advised you to stop work. You will be required to complete a form with information regarding the accident.
What benefits might you be eligible for?
Once the claim is allowed, you may be eligible for Loss Of Earnings benefits which are the equivalent of 85% of your take-home pay. Your payments would take into account all earnings with all employers, not just the employer you got hurt with. In this case your take home pay from both jobs would be added and you would be paid 85% of the total. You would also be eligible for payment of any costs associated with medical treatment including prescriptions, physiotherapy etc. If the injury does not heal entirely, you may be entitled to other benefits or services from the WSIB.
Is there any time limit that you must apply for compensation?
Yes. The Workplace Safety and Insurance Act clearly specifies that an application to the WSIB must be made as soon as possible, but in any event no later than 6 months after the accident or discovery of an occupational disease.
What if the employer threatens you or tries to talk you out of filing a compensation claim?
Under the Act it is illegal for an employer not to file a report to the WSIB of any accident involving medical attention or lost time from work. If this happens you can call the WSIB hotline at 1-888-745-3237 or call the Ontario Federation of Labour at 1-800-668-9138 for advice. It is important to note that the law says rights under the Workplace Safety and Insurance Act can NOT be waived. If your claim is rejected, you have the legal right to appeal.
