DISCLAIMER: This website is for information purposes and does not constitute legal advice.

Workplace
Health &
SAFETY

  • Your employer has a legal responsibility to ensure the health, safety and welfare of you and your co-workers.

    You have a legal right to refuse to do work you have reasonable grounds to believe is dangerous to your health or safety, or that of your co-workers until:

    • remedial action has been taken by your employer to your satisfaction,

    • your workplace occupational health and safety committee or worker health and safety representative has investigated and advised you to return to work, or

    • an occupational health and safety officer assigned by the Occupational Health and Safety Division of Service NL has investigated and advised you to return to work.

    When you refuse unsafe work, you must immediately report the precise conditions for your refusal to work to your supervisor.

    If the matter is not resolved by your employer to your satisfaction, you must then report the precise conditions for your refusal to work to a member of your workplace occupational health and safety committee or your worker health and safety representative.

    If the matter is still not resolved to your satisfaction, you must then report the precise conditions for your refusal to work to the Occupational Health and Safety Division of Service NL (1-800-563-5471).

    When you refuse unsafe work, your employer may reassign you to other work reasonably equivalent to the work you normally do at the same wages and benefits until such time as you are able to return to your normal work.

    If your employer does not reassign you to other work, you are entitled to receive your normal wages and benefits until such time as you are able to return to work.

    Your employer cannot fire you, deduct from your wages or benefits, or take any other disciplinary action against you for reasonably exercising your right to refuse unsafe work.

  • It is your employer’s obligation to provide you with a safe workplace includes ensuring the workplace is free from harassment.

    Your employer is required to develop, implement, and maintain a workplace harassment prevention plan which includes (among other things) procedures for:

    • reporting instances of harassment,

    • investigating complaints, and

    • notifying those involved of results of investigations and any actions to be taken as a result of an investigation.

    As a worker, you are also required to:

    • not engage in workplace harassment,

    • report experienced and observed incidents of workplace harassment, and

    • comply with your workplace harassment prevention plan.

    Workplace harassment is defined as “inappropriate vexatious conduct or comment by a person to a worker that the person knew or ought to have known would cause the worker to be humiliated, offended or intimidated.”

    Behaviours that constitute harassment may include:

    • unwelcome conduct, comments, gestures or contact which causes offense or humiliation,

    • misusing power or authority,

    • referring to a person using terms or pronouns that do not align with the person’s affirmed gender,

    • physical or psychological bullying which creates fear or mistrust, or which ridicules or devalues the individual,

    • excluding, intimidating, or isolating individuals,

    • making inappropriate gestures or comments,

    • making inappropriate sexual comments or advances,

    • discriminating based on gender, gender identity, or sexual orientation,

    • cyberbullying such as posting offensive or intimidating messages through social media or email, and

    • deliberately setting an individual up to fail.

 

If you believe your employer is violating your right to a safe and harassment-free workplace, you can contact us for information and support.