who shall be made available and who shall attend
without delay Until the investigation is completed, the
worker shall remain in a safe place near his or her
workstation.
Where, following the investigation or any steps
taken to deal with the circumstances that caused the worker to
refuse to work or do particular work, the worker has reasonable
grounds to believe that,
the equipment, machine, device or thing that was
the cause of the refusal to work or do particular work continues
to be likely to endanger himself, herself or another worker;
the physical condition of the workplace or the
part thereof in which he or she continues to be likely to endanger
himself or herself; or
any equipment, machine, device or thing he or she
is to use or operate or the physical condition of the workplace or
the part thereof in which he or she works or is to work is in
contravention of this Act or the regulations and such
contravention continues to be likely to endanger himself, herself
or another worker,
the worker may refuse to work or do the particular
work and the employer or the worker or a person on behalf of the
employer or worker shall cause an inspector to be notified
thereof.
An inspector shall investigate the refusal to work
in the presence of the employer or a person representing the
employer, the worker, and if there is such, the person mentioned
in clause (4) (a), (b) or (c).
The inspector shall, following the investigation
referred to in subsection (70, decide whether the machine, device,
thing or the workplace or part thereof is likely to endanger the
worker or another person.
The inspector shall give his or her decision, in
writing, as soon as is practicable, to the employer, the worker,
and if there is such, the person mentioned in clause (4) (a), (b),
or(c).
Pending the investigation and decision of the
inspector, the worker shall remain at a safe place near his or her
work station during the worker’s normal working hours unless the
employer, subject to the provisions of a collective agreement, if
any,
assigns the worker reasonable alternative work
during such hours; or
subject to section 50, where an assignment of
reasonable alternative work is not practicable, gives other
directions to the worker.
Pending the investigation and decision of the
inspector, no worker shall be assigned to use or operate the
equipment, machine, device or thing or to work in the workplace or
in the part of the workplace being investigated unless, in the
presence of a person described in subsection (12), the worker has
been advised of the other worker’s refusal and of his or her
reasons for the refusal.
The person referred to in subsection (11) must be,
(a) a committee member who represents workers and,
if possible, who is a certified member;
a health and safety representative; or
a worker who because of his or her knowledge,
experience and training is selected by the trade union that
represents the worker or, if there is no trade union, by the
workers to represent them.
A person shall be deemed to be at work and the
person’s employer shall pay him or her at the regular or premium
rate, as may be proper,
for the time spent by the person carrying out the
duties under subsections (4) and (7) of a person mentioned in
clause (4) (a), (b) or (c); and
(b) for time spent by the person carrying out the
duties under subsection (11) of a person described in subsection
(12). R.S.O. 1990, c. 0.1, s. 43 (3-13).
