Canada Labour Code

Marginal note:Investigation by health and safety officer

• 129 (1) On being notified that an employee continues to refuse to use or operate a machine or thing, work in a place or perform an activity under subsection 128(13), the health and safety officer shall without delay investigate or cause another officer to investigate the matter in the presence of the employer, the employee and one other person who is

  • (a) an employee member of the work place committee;

  • (b) the health and safety representative; or

  • (c) if a person mentioned in paragraph (a) or (b) is not available, another employee from the work place who is designated by the employee.

• Marginal note:Employees’ representative if more than one employee

  (2) If the investigation involves more than one employee, those employees may designate one employee from among themselves to be present at the investigation.

• Marginal note:Absence of any person

  (3) A health and safety officer may proceed with an investigation in the absence of any person mentioned in subsection (1) or (2) if that person chooses not to be present.

• Marginal note:Decision of health and safety officer

  (4) A health and safety officer shall, on completion of an investigation made under subsection (1), decide whether the danger exists and shall immediately give written notification of the decision to the employer and the employee.

• Marginal note:Continuation of work

  (5) Before the investigation and decision of a health and safety officer under this section, the employer may require that the employee concerned remain at a safe location near the place in respect of which the investigation is being made or assign the employee reasonable alternative work, and shall not assign any other employee to use or operate the machine or thing, work in that place or perform the activity referred to in subsection (1) unless

  • (a) the other employee is qualified for the work;

  • (b) the other employee has been advised of the refusal of the employee concerned and of the reasons for the refusal; and

  • (c) the employer is satisfied on reasonable grounds that the other employee will not be put in danger.

• Marginal note:Decision of health and safety officer re danger

  (6) If a health and safety officer decides that the danger exists, the officer shall issue the directions under subsection 145(2) that the officer considers appropriate, and an employee may continue to refuse to use or operate the machine or thing, work in that place or perform that activity until the directions are complied with or until they are varied or rescinded under this Part.

• Marginal note:Appeal

  (7) If a health and safety officer decides that the danger does not exist, the employee is not entitled under section 128 or this section to continue to refuse to use or operate the machine or thing, work in that place or perform that activity, but the employee, or a person designated by the employee for the purpose, may appeal the decision, in writing, to an appeals officer within ten days after receiving notice of the decision.