As the coronavirus pandemic continues to shape the economy, one expert is reminding Canadians that they have the right to refuse unsafe work under the country’s labour code.

“Workers who have a legitimate fear that their work is dangerous to themselves, or to someone else, always have the right to refuse unsafe work,” says Bob Barnetson, a labour relations professor at Athabasca University.

Particularly hard hit by the coronavirus pandemic over the last several weeks have been workers in the service, entertainment and recreational industries, and unsafe work may be a risk people are willing to take.

But public health officials have been out almost every day warning that strict self-isolation and social-distancing measures must be adhered to, and they’ve put in place stringent guidelines for employers across the country.

In March, unsafe work refusals have more than doubled in Ontario as the COVID-19 pandemic has spread. Reports of businesses deciding to stay open, some bucking advice from public health officials, have been surfacing since the beginning of the outbreak.

As cases in Ontario ticked up over 400 in the third week of March, there had also been 40 unsafe work refusals over coronavirus concerns throughout the month.

Many businesses have closed shop and, in Ontario, Premier Doug Ford has ordered the shutdown of all non-essential services beginning March 24 at 11:59 p.m. For businesses still up and running, Barnetson says employees have rights in a scenario where they feel work is dangerous — even if the COVID-19 pandemic poses special circumstances.

If an employee feels that their workplace is unsafe, Barnetson says the first step is a notice of refusal given to their superior, and a suggestion as to how to make the workplace safer.

Typically, the employer will find out if the work is unsafe and either make it safe, or tell the employee that the work is, in fact, up to standards.

If the employee still doesn’t feel the standard for safety has been met, Barnetson says the next step would be to inform the provincial ministry responsible for labour (in Alberta, that’s the Ministry of Labour and Immigration, and in Ontario, it’s the Ministry of Labour, Training and Skills Development).

An inspector would be dispatched by the province to investigate the situation and make recommendations.

“You can always refuse, and you can’t be disciplined for a good faith refusal,” said Barnetson.

“This (pandemic) is going to be over one day, and then there’s going to be a reckoning for bosses, and frankly, for governments, that treated workers poorly.”

But the coronavirus pandemic also presents some unique challenges because what exactly is “unsafe” isn’t always clear, he added. How much risk exactly is involved and what specific measures one could take to mitigate it is still somewhat up for debate, he says.

Furthermore, if an employee feels unsafe at their place of work and brings that to the province’s attention, so long as the workplace is following public health guidelines, the employee would most likely be told the workplace is safe enough to work in, Barnetson said.

Meanwhile, for health care workers, the pandemic presents some hurdles aound the right to refuse unsafe work because they still have to do their jobs and treat COVID-19 patients, says Barnetson.

There have been examples of nurses refusing to do COVID-19 testing because they haven’t had the proper protective equipment in Alberta, he said, referring to a situation reported by CBC News on Saturday.

About 30 nurses in Edmonton said they wouldn’t work without protective N95 masks, but their employer, Alberta Health Services, disagreed, the article says.

“This brings to light how risky work can be and how workers are sometimes prepared to act in solidarity to protect themselves,” Barnetson said.

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Unions may have specific measures in place through collective bargaining agreements and workers should reach out to their representatives if they have concerns about that, he said. Barnetson also said some provinces and territories may differ in how they handle unsafe work refusals so people should familiarize themselves with the process where ever they live.

“The right to refuse is always a difficult right to exercise,” he said.

“I think the extraordinary circumstances where going to work can result in illness, or even death, really brings that to the fore.”

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