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If a construction site requires hard hats for all workers on site, can construction workers file a WorkSafe claim on the grounds that a hard hat policy is an implicit admission of unsafe work conditions?
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Dr. Dai Heide
Senior Lecturer
Dept. of Philosophy
Simon Fraser University
If the govt's policies are explicitly (which I think they are) about not overwhelming the medical system with too many people in the ICU, then they are basically admitting (in my view) that their policies
likely lead to the harm of workers and those they come in contact with.
Noting of course I do not have a law degree of any kind, and so rely on video agitprop about workers' rights at SFU with its radical red color scheme, since I do teach video at least,
Michael Filimowicz, PhD
Faculty of Communication, Art and Technology
School
of Interactive Arts and Technology
Simon
Fraser University
From what I understand, there's a fairly simple procedure for refusing unsafe work: https://www.worksafebc.com/en/health-safety/create-manage/rights-responsibilities/refusing-unsafe-work
If teaching a large lecture or lab without everybody vaccinated and without being able to enforce proper mask usage is not safe enough - this might be a route to follow
my 2 cents (I'm not good on the legal side, so please chime in/explain if you know more...)
Bernhard
Steps to follow when work might be unsafe
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Report the unsafe condition or procedure
- As a worker, you must immediately report the unsafe condition to a supervisor or employer.
- As a supervisor or employer, you must investigate the matter and fix it if possible. If you decide the worker's concern is not valid, report back to the worker.
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If a worker still views work as unsafe after a supervisor or employer has said it is safe to perform a job or task
- As a supervisor or employer, you must investigate the problem and ensure any unsafe condition is fixed.
- This investigation must take place in the presence of the worker and a worker representative of the joint health and safety committee or a worker chosen by the worker's trade union. If there is no safety committee or representing trade union at
the workplace, the worker who first reported the unsafe condition can choose to have another worker present at the investigation.
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If a worker still views work as unsafe, notify WorkSafeBC
- If the matter is not resolved, the worker and the supervisor or employer must contact WorkSafeBC. A prevention officer will then investigate
and take steps to find a workable solution.
On 2021-08-25 20:10, Michael Filimowicz wrote:
Everyone has the right to refuse unsafe work, YouTube says so : )
https://www.youtube.com/watch?v=n155U2QN-70
Dear all,
The announcements yesterday from Bonnie Henry, and Joy Johnson, have changed our situation. I am left wondering:
If in-person teaching remains very dangerous--why are we returning to in-person teaching?
I understand that masks mitigate the danger. But they also mitigate the teaching. More to the point: isn't masking a half-measure? Why get together if we don't have to?
I understand that for some disciplines-- e.g., those involving hands-on lab training-- in-person instruction restores benefits that were lost online. Perhaps, for these disciplines, the benefit is worth
the risk.
What about faculty members in disciplines, like mine, where there is rarely a hands-on component?
Shouldn't we be able to decline work that the university itself has just declared unsafe?
JD Fleming
English
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