S-2.1 - Act respecting occupational health and safety

Section 19 Disposition versions

2021-10-06

19. The inspector shall determine immediately whether or not a danger exists that would justify the worker’s refusal to work. He may require the worker to resume his work. He may also prescribe temporary measures and require that corrective measures be taken within such time as he may determine.

If, in the inspector’s opinion, the refusal to work is based on grounds that are acceptable in the particular case of that worker but do not justify another worker’s refusing to perform the work, the employer may, notwithstanding section 14, have the work performed by another worker, who may agree to perform it after being informed of the fact that the right of refusal has been exercised, and of the reasons therefor.

The inspector’s decision must be substantiated and recorded in writing. It is transmitted by any appropriate means that provides the inspector with proof that it was delivered to the worker, the safety representative or the person replacing him, and to the employer or his agent.

1979, c. 63, s. 19; I.N. 2016-01-01 (NCCP); 2021, c. 27, s. 126.

2016-01-01

19. The inspector shall determine immediately whether or not a danger exists that would justify the worker’s refusal to work. He may require the worker to resume his work. He may also prescribe temporary measures and require that corrective measures be taken within such time as he may determine.

If, in the inspector’s opinion, the refusal to work is based on grounds that are acceptable in the particular case of that worker but do not justify another worker’s refusing to perform the work, the employer may, notwithstanding section 14, have the work performed by another worker, who may agree to perform it after being informed of the fact that the right of refusal has been exercised, and of the reasons therefor.

The inspector’s decision must be substantiated and recorded in writing. It is transmitted by registered mail to the worker, the safety representative or the person replacing him, and to the employer or his agent.

1979, c. 63, s. 19; I.N. 2016-01-01 (NCCP).

1981-01-01

19. The inspector shall determine immediately whether or not a danger exists that would justify the worker’s refusal to work. He may require the worker to resume his work. He may also prescribe temporary measures and require that corrective measures be taken within such time as he may determine.

If, in the inspector’s opinion, the refusal to work is based on grounds that are acceptable in the particular case of that worker but do not justify another worker’s refusing to perform the work, the employer may, notwithstanding section 14, have the work performed by another worker, who may agree to perform it after being informed of the fact that the right of refusal has been exercised, and of the reasons therefor.

The inspector’s decision must be substantiated and recorded in writing. It is transmitted by registered or certified mail to the worker, the safety representative or the person replacing him, and to the employer or his agent.

1979, c. 63, s. 19.