Health and Safety FAQ

Your Health Matters!


FAQ:

When would I immediately call my base Health and Safety union rep.?

If you exercise your right to refuse unsafe work;

If you injured yourself at work (CSST, WSIB, WCB);

If you want to report an imminent risk situation in your workplace;

In the event of a major incident, have the reflex to contact us, we will investigate and show up;

In the event of any emergencies that pertain to your health and safety.


What procedure should I follow in the event of a workplace injury?

Declare it by filling out an injury form.

See a doctor right away (preferably within 48 hours). This is extremely important for insurance coverage.

Follow the Human Resources procedure (paperwork, time off, etc.).

Call your base representative if you have to be compensated by the CSST (YUL), WSIB (YYZ) or WCB (YVR) so he/she can assist you. It is a complex bureaucratic process.


Why declare a workplace injury rather than fall back on Blue Cross insurance?

You do not want to fall back on your short-term insurance. The injury occurred at work; it is legitimate. First and foremost, declaring your injury with the CSST, WSIB or WCB will get you better coverage: the first 14 days are paid by TS; for the remaining days, 90% of your salary is paid by your provincial plan. The insurance will only cover 66 2/3% and the first seven days will be deducted from your sick days’ bank. Also, if you ever suffer a relapse, it will not be recognized, and your rights are therefore restricted. Declaring your injuries is in everyone’s favour, as we can then begin to work towards preventing them in others.


Does the employer have the right to take discipline action against me if I exercise my right to refuse unsafe work?

It is against the law for an employer to impose or threaten disciplinary action against an employee who has acted in accordance with, or who has sought the enforcement of, any of the provisions of the CLC Part II. If this happens, the employee has the right to appeal to the Canada Industrial Relations Board.

Equally important for employers to note is that the CLC Part II also states that after all the investigations and appeals have been exhausted by the employee who exercised his or her right to refuse dangerous work, the employer may take disciplinary action against the employee, provided the employer can demonstrate the employee has wilfully abused those rights.

Refer to CLC Part II, Section 147 and Subsection 147.1(1)

And for your general knowledge, it is extremely hard to prove wilful abuse of this right. The notion of abuse would mean repeat offences without grounds for unsafe situations: for example, a flight attendant who would refuse to work on three separate occasions because of the napkin colours…


I am tired of writing reports, I never know if anything is being done. Why?

Don’t get tired of writing reports. They are your tool for changing your working conditions. We assure you that your reports are read. If an action can be taken, it most certainly will be. If it hasn’t yet happened, it’s not because your report is not valid; it may mean that we need to build a case and accumulate several complaints. Somewhat like going to court, you sometimes need to make your case. And the stronger it is, the harder it is to refuse…If you want to know what happened, read our monthly minutes. Or call your base rep., who will be pleased to let you know.


Interesting links:


Health Canada

www.hc-sc.gc.ca/index_f.html


Transport Canada

http://www.tc.gc.ca/