Answer: Report it to a supervisor or crew boss, refuse unsafe work, and be prepared to take your concern to a higher level if the problem is not resolved to your satisfaction.

Not just a right, but also a duty.

First of all, reporting unsafe conditions or unsafe behavior in the workplace is not just a right, but also a duty. Section 22(2)(e) of the Workers Compensation Act of BC assigns all workers the duty to report any contravention of the health and safety regulations or any condition that could endanger themselves or another person.

Refusing unsafe work

When a worker believes they are in an unsafe situation they should clearly state that they are asserting their right to refuse unsafe work. The right to refuse unsafe work is protected under Sections 3.12 to 3.13 of the Occupational Health and Safety Regulation. Once a worker asserts this right, a supervisor must immediately investigate the situation and cannot assign another worker to do the work unless they advise them of the standing refusal and the reasons for the refusal in writing. 

All workers have the right to refuse unsafe work without any punishment, and the process starts with speaking to your immediate supervisor or crew boss. No punitive action may be taken against a worker that asserts their right to refuse unsafe work. If the situation cannot be immediately resolved, the employer must conduct a formal investigation of the situation in cooperation with either a worker representative from the Joint Occupational Health and Safety Committee, an elected worker safety representative, or a worker chosen by the worker who first reported the situation.  This investigation must be documented, and the employer must respond in writing to any recommendation made by the worker representatives.

If the situation is still not resolved by the formal investigation process, the employer and the worker are both obligated to contact WorkSafeBC so that a prevention officer can conduct an investigation and find a solution.

Even at this point, no discriminatory or punitive action may be taken against the worker that complains. However, once a prevention officer deems a situation to be safe and considers the situation to be resolved, the worker is obligated to return to duty.

What to do in more difficult situations

It is possible that a worker could feel that they do not trust the company process, do not have another worker they can rely upon to support them, or that the situation requires a more immediate response. In such cases, workers can contact WorkSafeBC directly by phone or email, and ask for an officer to attend the worksite. The officer can keep the identity of the worker confidential but may need to interview workers at the site as part of their response.

Ultimately, a worker should always take action if they observe unsafe conditions or feel they are being asked to perform unsafe work. There is little that WorkSafe or any other authority can do to assist workers if they wait until their job is over to report safety problems.  Standing up for safety can save you or someone else from serious problems.

A helpful flowchart on the process of refusing unsafe work can be found at SwitchBC for those that prefer a visual map of the steps involved.