Last week we blogged about the provincial government’s decision to declare a state of emergency. Further to that declaration, today MLA Mike Farnworth (Minister of Public Safety and Solicitor General) made a series of orders aimed at securing supply chains, preventing hoarding and enforcing social distancing.
The Province also released a list of essential services (click on the link and scroll down to the second Backgrounder). In the future it’s possible that this list could be used to order certain businesses to close. Currently the Province’s direction is that non-essential businesses may stay open if workplaces can be adapted to the orders and recommendations of the Provincial Health Officer.
As non-essential workplaces continue to operate at the discretion of employers, workers should be prepared to assert their right to safe work environments.
In general employees have an obligation to follow the instructions of their employers. However, in rare circumstances employees do have the right to refuse unsafe work where they have reasonable cause to believe the work presents an undue hazard to health and safety of themselves or others.
COVID-19 is not automatically “an undue hazard.” This latest direction from the Province will help workers establish undue hazard in situations where workplaces are not compliant with the provincial health orders or directions for employers and workers. For example, if you cannot keep two meters space between you and your coworkers, you can raise a health and safety concern with your employer.
If you believe you are being directed to perform unsafe work you should immediately report the circumstances of the unsafe condition to your employer. Your employer will then be obligated to investigate and either provide a safe option or tell you that they believe the work is safe. If you continue to disagree you can seek direction from WorkSafeBC. Read more about refusing unsafe work here.
It’s a good idea to raise your concerns before you get to the point of having to refuse work, here are some practical tips:
If you have a union, call your union first
Bring your concerns to your joint health and safety committee, if you have one
If possible, come up with specific proposals on how work could be done more safely and connect your concerns to the province’s directions or orders ; for example: could shifts be alternated to avoid overlap? Could break times be changed to limit crowding?
You can call the WorkSafeBC Prevention Information Line to report unsafe work conditions, request a worksite inspection consultation or for more information about workplace health and safety
Phone: 604.276.3100 (Lower Mainland)
Toll-free: 1.888.621.7233 (1.888.621.SAFE) (Canada)
This post contains information of a general nature. It is not intended as legal advice. For more information and legal advice please feel free to contact us