CUPE National Health and Safety Branch continues to receive questions from members and health and safety committees about the general process regarding the Right to Refuse Dangerous work. To help reduce some of the confusion and employer misinformation that is circulating, we have prepared this short memo.

Who can refuse?
From the federal government: “Any employee subject to Part II of the Code has the right to refuse dangerous work as long as they have reasonable cause to believe that it presents a danger (see #2 below) .”

How do I refuse: Step One of a Work Refusal
1. You must report your concern to your employer. Different airlines have slightly different provisions on whom you should report it to. If you are unsure, please check with your health and safety committee.
2. The employer must conduct an investigation into the refusal. You will need to be present for the investigation.
3. The employer will write a report with their findings.
a) If they agree, they will take measures to correct the concern. Or,
b) If they don’t agree, or the mitigation is not sufficient to make you feel safe then you continue to refuse, and the Health and Safety Committee is contacted. It is important to note that the Health and Safety Committee is not involved with step one of the refusal. The Health and Safety Committee should only be contacted at step one of a refusal if the employer is not following the law by stopping the work, investigating the claim and producing the report.

What are the rest of the steps?
If you choose to continue the work refusal, the Health and Safety Committee can provide guidance on the remaining steps of the process. If you would like to know more, please refer to the resources at the end of this memo.

Can I lose pay or be punished for refusing unsafe work?
This is one of the biggest questions we get around work refusals. Workers cannot lose pay for engaging in a work refusal. In an airline context, they should be paid the greater of flights missed (whole flight assignment even if multiple days) or flights worked. Workers cannot be disciplined as long as they act in good faith and have a true concern for their health or safety.

Is there a time where I am not allowed to refuse?
The Canada Labour Code does have provisions for when you cannot refuse: “These exceptions include: if the refusal puts the life, health or safety of another person directly in danger; or, the danger in question is a normal condition of employment (see #2 below). ” It should be noted that being exposed to a hazard that is normally controlled or doing work without standard protective equipment is not a normal condition of employment. If there is any question it is important to remember that “an employee always has the right to refuse to work under the Code when the employee has reasonable cause to believe the danger is not a normal condition of employment (see #5 below) ”.

What if the plane is ‘in operation’?
If the plane is moving under its own power (either on the ground or in the air) then report safety concerns to the pilot who will render a decision about the refusal.  When the plane is no longer ‘in operation’ then report the concern to the employer and start at step 1 above.

When is the plane considered in operation? What if I am out of the country?
CUPE has consulted with Transport Canada and Federal Labour Program and have confirmed from their own memos that “aircraft in operation only includes aircraft in movement, either on the ground, or in the air” and “an aircraft is not considered to be in operation when it is parked in Canada, or abroad, at the end of a flight.”

Additional Resources (click the links)
1.) CUPE National Guidance for CUPE Flight Attendants on the Right to Refuse Dangerous Work

2.) Federal Government: Right to refuse dangerous work

3.) CUPE National: Refusing unsafe work: A step by step guide

4.) Refusing unsafe work: It's your right

5.) Federal Government: Danger as a Normal Condition of Employment