Skip to content

 

1. Education and Training
   

   ---

2. Employment
   

   ---

3. Health
   

   ---

4. Housing
   

   ---

5. Immigration
   

   ---

6. Income Assistance
   

   ---

7. Legal Assistance
   

   ---

8. Personal Documents
   

   ---

9. Savings Plans
   

   ---

10. Special Events
    

    ---

11. Starting a Business
    

    ---

12. Travel
    

    ---

13. A to Z Services Index

Digest of Benefit Entitlement Principles - Chapter 6

6.3.5    Working Conditions that Constitute a Danger to Health or Safety

Every person has the right to work in conditions which protect his or her health, safety and physical integrity. The occasional presence of circumstances which present an immediate danger to a person's health or safety may authorize the person to leave the workplace immediately. However, it does not constitute just cause for resigning from the job as soon as the person feels the working conditions are dangerous to his or her health or safety.

The pertinent provisions of federal and provincial legislation and numerous collective agreements stipulate that a person is entitled, for example, to refuse to carry out dangerous work or to exercise preventive withdrawal in the event of exposure to a dangerous contaminant. A worker who is pregnant or breast-feeding is also entitled to preventive withdrawal when her work is physically dangerous to herself or her child.

Whether the danger or risks are immediate or long term, a person in such circumstances is expected to use the reasonable alternatives in order to remedy the situation¹. A reasonable alternative in a high-risk situation has to be accessible as quickly as possible and has to be able to remedy the situation within a short time.

If the danger or risks are not immediate, a reasonable alternative could, depending on the circumstances, be to request an investigation or file a complaint with the union or agencies responsible for enforcing the pertinent occupation safety and health legislation. If the situation still does not improve and the working conditions affect his or her health, a person could reasonably prove his or her point by means of a medical certificate or other similar document².

Some occupations, sectors of activity or work sites present higher health or safety risks than others. In many cases these risks are reduced by preventive measures or appropriate equipment. Generally, a person does not have just cause for leaving employment because of the working conditions inherent in the position held unless he or she can demonstrate that, for example, the equipment provided is inadequate for safety purposes. Before leaving the employment in question, a reasonable alternative would be to report the situation to the employer, the union or an authorized agency so that the situation can be remedied within a reasonable period of time.

________________________

1. Jurisprudence Index/voluntarily leaving employment/working conditions/danger to health */; Jurisprudence Index/voluntarily leaving employment/working conditions/dangerous/; Jurisprudence Index/voluntarily leaving employment/working conditions/smoking policy/; Jurisprudence Index/voluntarily leaving employment/working conditions/improper operating methods/;
2. D. Dietrich (A-640-93, CUB 23101).

Summary Dangerous Working Conditions

Reasonable Alternatives: discuss the situation with the employer;  request a transfer to another division;  contact the union;  use the provisions in the collective agreement;  file a complaint under occupational safety and health legislation;  Just Cause:  real danger not inherent in the occupation;  no other reasonable alternative;  recourse exhausted;  medical or other certificate confirming that the working conditions are a health hazard.

---