Derek Neary
Northern News Services

NNSL (May 18/98) - It's a right that all working Yellowknifers possess, but not one that many choose to exercise.

Although every employee can legally refuse unsafe work, not one Yellowknifer in the last year has asked the Workers' Compensation Board to intervene due to unacceptable conditions, according to representatives from the board, which registers any such complaints and ensures that safety standards are met and maintained.

"They usually resolve at the first level, which would be between the worker and his supervisor or employer," said Duane Fleming, environmental health and safety officer for the WCB.

The same holds true for mine workers during the past 12 months, according to Sylvester Wong, the WCB's chief inspector.

If a contentious safety matter were to go unsettled, the next step would be to have the supervisor investigate the complaint with a member of the health and safety committee or another worker representative.

Should the conflict still resist a resolution, the health and safety committee would conduct its own investigation.

The final stage involves WCB intervention as requested by the worker, in which the chief inspector or safety officer carries out a thorough investigation.

A worker's basic rights also include the right to know about hazards and the right to participate in effecting safety standards. "Those can be thought of as the internal responsibility system," Fleming said.

According to WCB literature, during a work-refusal dispute you must remain on the job in a safe place where you can be assigned alternative work and paid at your regular rate. If it is determined that there is unusual danger or unsafe conditions, no one will be permitted to work until steps are taken by the employer to rectify the situation.

Court cases would be considered an appeal procedure if the employer or the employee were unsatisfied with the chief safety officer's ruling, Fleming said.

When an employee steps forward because of unsafe work conditions, there should be no fear of reprisals, noted Fleming.

"It's against the law for an employer to discipline an employee for exercising their right (to refuse work)," he said.

The WCB also conducts random safety inspections at workplaces.

"We look at whether the employer has a safety program in place as specified in the legislation," Fleming explained. "Then there are other obvious things -- if you go to a construction site, you're looking for hardhats, safety boots, guards on equipment. Generally, what we're looking for is that an employer knows about their responsibilities and is adhering to them."