More Refusals By RSMCs!

A multitude of RSMC Members have exercised their individual right to refuse dangerous work in Fredericton, New Brunswick.

RSMC Members considered the work that they were doing to be dangerous. The workers refusal was based on the delivery of mail out of the right side of their vehicle. A Human Resources Skills Development (HRSDC, previously Labour Canada) Officer investigated the situation and the Officer determined that a danger did exist.

The HRSDC Officer wrote "The repetitive movements of sliding and stretching from left to right - from the driver's seat to the passenger's seat - in order to reach mailboxes on the side of the road in rural areas, constitutes a danger as defined in Part ll of the Canada Labour Code."

On January 6, 2006, HRSDC directed that Canada Post alter the activity that constitutes a danger immediately

All RSMCs have the right, as indicated by the Canada Labour Code, to refuse dangerous work. The right is an individual one and each person must make this decision individually based on their circumstances. The boss cannot discipline you or take away your pay for using your right honestly. If you think that you are in a dangerous situation at work, contact your Union Representative immediately.

Steps in a RSMC work refusal according to the Canada Labour Code:

1. Inform the employer of the danger and your refusal. You should do this with a Union Representative present.
2. Employer takes immediate action to do away with the danger.
3. Employer informs Local Joint Health and Safety Committee of the danger and action taken.

If the parties disagree:
4. Inform your employer and a Union Representative of your continued work refusal.
5. Employer investigates in the presence of you and your Union Representative.
6. You may continue to refuse to work, if the employer still disputes the danger.
7. Employer then must inform an Officer from HRSDC.
8. You may be assigned to reasonable alternative work or asked to remain in a safe place.
9. HRSDC Officer investigates in the presence of all parties.
10. HRSDC Officer provides decision in writing to you and the employer.

Appeals

· If you disagree with the decision of the HRSDC Officer, a written appeal can be made within 10 days.
· If you, the Union or the employer disagrees with an Officer's direction, a written appeal can be made within 30 days.

Exercising your right to refuse can be an intimidating experience for any worker. The boss tends to bully and frighten the worker with all kinds of empty threats in an attempt to discourage the worker in continuing the pursuit of their legal right. In protecting yourself from danger, remember, the right to refuse, is your legal right.