The move aims to strengthen employees' right to refuse work
Employers across British Columbia are now required to inform employees who’re taking on ‘refused work’ as to why the job was turned down by the previous worker. This is under the latest amendment to the Occupational Health and Safety Regulation (OHSR) that took effect on Monday, which aims to address the lack of regulation on reassigning work that was previously refused by employees.
This gap in regulation was first identified in a 2019 report titled WorkSafeBC and Government Action Review: Crossing the Rubicon, where respondents revealed that the jobs they refused were only offered to another worker.
With the amendment, employers across B.C. are now required to notify their workers in writing of any unresolved work refusal due to safety concerns, as well as the reasons why the previous worker felt the job was unsafe.
In addition, the employer should also explain in writing the reasons why the work would "not create an undue hazard to the health and safety of the other worker or any other person."
This means the concerns raised by the previous employee should be addressed before the refused work is reassigned to the next worker.
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Dan Strand, director of Prevention Field Services at WorkSafeBC, said the new amendment to the OHSR further improves transparency and help in employees' decision-making.
"Worker safety is our top priority, and this regulatory change strengthens worker protections. This amendment makes the right to refuse process more transparent and allows workers to make informed decisions," said Strand in a statement.
According to WorkSafeBC, the amendment also aims to further strengthen employees' right to refuse unsafe work in case they believe it would endanger their health.
For employers, Strand urged them to "listen" to the concerns raised by employees regarding the safety of their work.
"Workers are your eyes and ears on the front line of workplace health and safety," said Strand. "When workers refuse work, it's because they believe it's unsafe. Employers must listen to these concerns, assess the risk with the worker, document the decision, and ensure they take steps to correct the situation that could potentially cause harm."
