Toronto Fire Services Work Refusal Policy PDF

STANDARD OPERATING POLICY WORK REFUSAL Date Issued: September 6, 2022 Rescinds: March 29, 2019 Section: Safety and WSIB File Code: S-WORU PURPOSE A Worker’s Right to Refuse Unsafe Work (and a firefighter’s limited right to refuse) is laid out in PART V: RIGHT TO REFUSE OR TO STOP WORK WHERE HEALTH...

STANDARD OPERATING POLICY WORK REFUSAL Date Issued: September 6, 2022 Rescinds: March 29, 2019 Section: Safety and WSIB File Code: S-WORU PURPOSE A Worker’s Right to Refuse Unsafe Work (and a firefighter’s limited right to refuse) is laid out in PART V: RIGHT TO REFUSE OR TO STOP WORK WHERE HEALTH OR SAFETY IN DANGER in the attached Occupational Health and Safety Act (attached). It should be noted that certain workers who have a responsibility to protect public safety cannot refuse unsafe work if the danger in question is a normal part of the job or if the refusal would endanger the life, health or safety of another person. These workers are: police officers; firefighters as defined in subsection 1 (1) of the Fire Protection and Prevention Act, 1997; workers employed in correctional institutions; and health care workers employed in workplaces like hospitals, nursing homes, psychiatric institutions, rehabilitation facilities, residential group homes for persons with physical or mental handicaps, ambulance services, first-aid clinics, licensed laboratories–or in any laundry, food service, power plant or technical service used by one of the above [section 43(2)]. RESPONSIBILITY All employees are responsible for reviewing and adhering to this guideline. GUIDELINES 1. The Toronto Fire Service procedure should a worker exercise the right to refuse or stop work is: 1.1. Upon refusing to work or do particular work, the worker shall promptly report the circumstances of the refusal to their supervisor. The worker should remain available for the follow-up investigation and be located in a safe location. 1.2. The Supervisor shall forthwith investigate the report in the presence of the worker. If the matter is resolved no further action is required, if the matter is not resolved then go to Step 3. 1.3. For Operations/Support the Supervisor will contact Communications to request the Management and Labour Co-chairs of the Central Joint Health and Safety Committee be notified to investigate. 1.4. Management or Labour Co-chairs from any of the four TFS Joint Health and Safety Committees can sub for the Management or Labour Co-chairs of the Central Joint Health and Safety Committee. 1.5. The Co-chairs may request Corporate Health and Safety personnel to assist File Code: S-WORU Page 1 of 2  STANDARD OPERATING POLICY in their investigation. 1.6. Co-chairs are empowered to jointly resolve any safety issue causing the work refusal. 1.7. Work refusal investigations will be reported to the appropriate Command and Central Joint Health and Safety Committees as well as the Fire Chief. 1.8. Nothing in this SOG prevents Local 3888 Association members from exercising their rights under the Occupational Health and Safety Act. 1.9. Any piece of equipment, fire apparatus, or any other object in question will not be used or reassigned to any other worker until the internal investigation has taken place. 1.10. The procedure, training or whatever evolution is in question will not be used or assigned to any other worker until the internal investigation has taken place. 1.11. If the parties cannot come to a resolution, the MLITSD shall be contacted by either of the Central Health and Safety Co Chairs or their alternates. 1.12. The worker shall remain available for the follow-up investigation in a safe location. 1.13. If additional time or resources are required (occupational hygiene assessments, engineering assessments), the refusing worker may be reassigned alternative safe, non-refused work pending the results. This assumes the agreement of the parties involved in the investigation. ATTACHMENT(S) Appendix A - Ontario Occupational Health and Safety Act RELATED SOGS F-SAFE Safety In The Workplace File Code: S-WORU Page 2 of 2