Right to Refuse Dangerous Work on Board Aircraft While in Operation - TP 13537

An employee can refuse to work if they believe that the working conditions put them in danger, or that using a machine at work endangers them or a co-worker.

Refer to CLC Subsection 128(3).

• Tell the person in charge of the aircraft about the danger.
• The person in charge will investigate the situation and immediately decide whether your concern is valid.
• If they decide that your concern is not valid, you must return to work.
  • If you still believe there’s a danger, tell the person in charge you will continue to refuse to work.
• If they decide that your concern is valid, the person in charge will take action to keep you safe.

Refer to CLC Subsections 128(3) and (4).

Yes. You must immediately report the situation to:

• your employer, and
• your workplace health and safety committee or the health and safety representative.

Two committee members, or the representative and a person designated by your employer, will investigate the matter.

Refer to CLC Subsections 128(9) and (10).

You and your employer must notify the Civil Aviation Safety Inspector, Occupational Health and Safety (referred to as a Health and Safety Officer (HSO)), who will investigate the situation in the presence of you, your employer, and your employee representative (if needed).

Refer to CLC Subsection 129(1).

Your employer has the right to:

• ask you to stay at a safe location nearby, or
• ask you to do other work, and
• ask another employee to do the work, but also tell them that you’ve refused work.

Refer to CLC Subsection129(5).

• If the HSO finds that a danger exists, they will issue you or your employer a direction to correct the situation.

  • If your employer has been given a direction, you can refuse work until the employer complies with the direction.

  Refer to CLC Subsection 129(4) and 145(2).

• If you’re unhappy with the HSO’s decision, you can appeal it in writing to the Canada Industrial Relations Board within 30 days of receiving the decision.

• Both you and your employer must comply with directions that are being appealed.

• The Board may confirm, rescind or change the direction or issue a direction it believes is appropriate.

  Refer to CLC Section 146(1).

• If you or your employer believe the Board’s decision is a legal error, you can appeal the decision in Federal Court.

• You must return to work

Refer to CLC Subsection 129(5).

Important: You can no longer continue to refuse to work under the process protected by the Canada Labour Code.

• If you’re still unhappy with the Board’s decision, you can appeal it in writing to the Board within 10 days of getting notice of the decision.
• While the appeal is in progress, you must stay at work.
• The Board may confirm, rescind or change the HSO’s decision or issue a direction that it believes is appropriate.
• If you’re still unhappy with the Board’s decision, you can seek a judicial review in Federal Court.

Refer to CLC Subsection 129(5) and 129(7).