Health & Safety

The Health and Safety of its members at work is the single most important priority of UFCW Local 1000A. We have Health and Safety specialists on staff and provide regular training to stewards and workplace Health and Safety Committee members.

Our employers as well are committed to working with the union to improve workplace health and safety. Every Local 1000A-represented workplace has a Joint Health and Safety Committee composed of equal numbers of company and union representatives. The Committee’s job is to ensure that the workplace is a free of hazards as possible.
 

Ask your Steward for the name of the union Health and Safety Committee members in your workplace. Speak to them about any concerns you may have about protecting your health and safety or that of your co-workers. Or you can contact your Staff Representative. Remember, when it comes to workplace health and safety, you have a lot of rights. To learn more about your rights, click here.

Local 1000A is always looking for members who would like to be more involved in health and safety. You can help protect your fellow workers and make the workplace safer. That’s a big contribution, one that will be greatly appreciated. For information, contact your Staff Representative. 

Workers’ Compensation (WSIB)

The Workers’ Safety and Insurance Board (WSIB) is a Government of Ontario agency that operates the province’s workers’ compensation system. Every member of UFCW Local 1000A is covered by WSIB.

If you are injured or become ill as a result of your job, your illness or injury MUST be reported to the WSIB. If you lose earnings because you cannot work as a result of your illness or injury, you are entitled to WSIB benefits. These benefits replace most (but not all) of your lost income.

Most WSIB claims are straightforward. You report your injury to your manager or supervisor. You get medical attention. You get WSIB benefits until you are able to return to work.
 

Some claims are complicated, however. For example, a cashier or production line worker may develop a repetitive strain injury that was not caused by a single incident but rather over time, as a result of the work. In such cases, it may take time to establish that you have a legitimate WSIB claim.

In other cases, your injury may be severe but you may recover to a point where you can do Modified Work - work that is not your regular job. The employer may want you to do work that is “modified” but is still too difficult for you to perform without aggravating your injury. In still other cases, the WSIB may deny you benefits that you feel you are entitled to.

Whatever the case, if you have a problem with WSIB - or just a question or concern - your union is here to help. Local 1000A employs full-time WSIB specialists. Zoe Robinson and Scott Higginson provide members with expert advice and representation for any WSIB-related problem, including Modified Work programs.

Do not hesitate to contact Zoe or Scott with any WSIB question or concern. Like all other union services, their services are free to members. They are covered by your union dues.
 

Your Health and Safety Rights

As an employee in Ontario, you are covered by the Occupational Health and Safety Act. You have four basic rights under the Act. These include:
 

• The right to participate in identifying and resolving health and safety concerns, through the joint health and safety committees or the health and safety rep.
  
   
• The right to know about any potential hazards, including the right to training that is necessary to work safely.   
   

• The right to refuse unsafe work, when they believe that work “is dangerous to either their own health and safety or that of another worker.”
  
   
• The right to stop work that is dangerous. This applies to “certified” members of the Joint Health and Safety Committee, not to individual workers. (Individual workers have the right to refuse unsafe work.) 

Q&A - The Right to Refuse Unsafe Work

When can a worker refuse to work?

A worker can refuse to work if he or she has reason to believe that one or more of the following is true:

• Any machine, equipment or tool that the worker is using or is told to use is likely to endanger himself or herself or another worker.
• The physical condition of the workplace or workstation is likely to endanger the worker.
• Any machine, equipment or tool that the worker is using, or the physical condition of the workplace, contravenes the Act or regulations and is likely to endanger himself or herself or another worker.

What happens when a worker refuses unsafe work?

The worker must immediately tell the supervisor or employer that the work is being refused and explain why. The supervisor or employer must investigate the situation immediately, in the presence of the worker and one of the following persons:

• a joint health and safety committee member who represents workers, if there is one. If possible, this should be a certified member; or
• a health and safety representative, in workplaces where there is no joint committee; or
• another worker, who, because of knowledge, experience and training, has been chosen by the workers (or by the union) to represent them.

The refusing worker must remain in a safe place near the workstation until the investigation is completed. This interval is known as the "first stage" of a work refusal. If the situation is resolved at this point, the worker will return to work.

What if the refusing worker is not satisfied with the result of the investigation?

The worker can continue to refuse the work if he or she has reasonable grounds for believing that the work continues to be unsafe. At this point, the "second stage" of a work refusal begins.

"Reasonable grounds" for continuing to refuse means that the worker has some objective information that makes him or her believe the work is still unsafe. The worker does not have to be correct in his or her knowledge or belief. For example: the refusing worker may have been told by other workers who have used a lift truck that the brakes sometimes fail.

What happens if a worker continues to refuse to work?

The worker, the employer or someone acting on behalf of either the worker or employer must notify a Ministry of Labour inspector. The inspector may come to the workplace to investigate the refusal or conduct an investigation over the telephone by consulting with the worker and the employer (or a representative of the employer). If there is a worker committee member, a worker health and safety representative or a worker selected by the worker's trade union or, if there is no trade union, by the workers to represent the worker, they will also be consulted as part of the inspector's investigation.
 
While waiting for the inspector's investigation to be completed, the worker must remain in a safe place near the workstation, unless the employer assigns some other reasonable work during normal working hours. If no such work exists, the employer can give other directions to the worker. If the worker is covered by a collective agreement, any provision in it that covers this situation will apply.

The inspector must decide whether the work is likely to endanger the worker or another person.  The inspector's decision must be given, in writing, to the worker, the employer, and the worker representative, if there is one. If the inspector finds that the work is not likely to endanger anyone, the refusing worker is expected to return to work.

Can another worker be asked to do the work that was refused?

Yes. While waiting for the inspector to investigate and give a decision on the refusal, the employer or supervisor can ask another worker to do the work that was refused. The second worker must be told that the work was refused and why. This must be done in the presence of a committee member who represents workers, or a health and safety representative, or a worker representative chosen because of knowledge, experience and training.

The second worker has the same right to refuse as the first worker.

Is a worker paid while refusing to work?

The Ontario Labour Relations Board (OLRB) has ruled that a refusing worker is considered to be at work during the first stage of a work refusal and is entitled to be paid at his or her appropriate rate.

A person acting as a worker representative during a work refusal is paid at either the regular or the premium rate, whichever is applicable.

Can an employer discipline a worker for refusing to work?

No. A worker has the duty to work in accordance with the Act and the regulations and has the right to seek their enforcement. The employer is not allowed to penalize, dismiss, discipline, suspend or threaten to do any of these things to a worker who has obeyed the law. This also applies if a worker has given evidence at an inquest or a prosecution under the Act or the regulations.

However, this provision does not apply if the work refusal was made in bad faith, or if the worker continues to refuse after the Ministry of Labour inspector finds that the work is not likely to endanger the worker.

What can a worker do if disciplined?

Local 1000A members should immediately contact their Staff Representative if they are disciplined or threatened in any way for exercising their rights under the Occupational Health and Safety Act. The union will act immediately on complaints.