Clause 33.13 of the Urban Postal Operations Collective Agreement
You have the right to refuse dangerous work if you have reasonable cause to believe that this work will endanger your health or endanger another worker’s health.
You must inform your CUPW Union Representative and your supervisor of your refusal.
Canada Post must investigate the situation in the presence of a CUPW union representative.
Section 128 of the Canada Labour Code
(Applies to Private Sector, Urban and RSMCs) Urban members should consult the union before choosing this option over article 33.13
You have the right to refuse dangerous work if you have reasonable cause to believe that this work will endanger your health or endanger another worker’s health.
The general process is outlined below. Please consult the Canada Labour Code Right to Refuse cards for exact details and steps.
Bring your CUPW Union Representative with you when reporting your refusal to the employer.
The employer must investigate the situation immediately and in your presence. Afterwards, if you believe the danger was not corrected, you may still refuse.
The employer and the health and safety committee (or representative) then conduct a joint investigation, which you may attend. After which, if you wish to continue to refuse, the Minister is notified.
In the meantime, you may be assigned to reasonable alternative work or asked to remain in a safe place.
An officer from Employment and Social Development Canada (ESDC) will investigate in the presence of all parties.
You must comply if the EDSC Minister’s decision orders you back to work, but you or the union has up to ten (10) days to appeal.