STU
NL · Occupational Health and Safety Act (your rights at work) · Article 45 · clause 45 · RSNL1990 c O-3

Right to refuse to work

45

(1) A worker may refuse to do work that the worker has reasonable grounds to believe is dangerous to the health or safety of the worker, another worker or another person at the workplace

45(a)

until remedial action has been taken by the employer to the worker's satisfaction;

45(b)

until the committee or worker health and safety representative has investigated the matter and advised the worker to return to work; or

45(c)

until an officer has investigated the matter and has advised the worker to return to work.

45(2)

Where a worker refuses to do work under subsection (1), the employer may reassign the worker to other work that is reasonably equivalent to work that is normally performed by the worker and the worker shall accept the reassignment until the worker is able to return to work under subsection (1).

45(3)

Where a worker is reassigned to other work under subsection (2), the employer shall pay the worker the same wages or salary and grant the worker the same benefits the worker would have received had the worker continued in the worker’s normal work.

45(4)

Where a worker has reasonably refused to work under subsection (1) and has not been reassigned to other work under subsection (2), the employer shall pay the worker the same wages or salary and grant the worker the same benefits the worker would have received had the worker continued to work, until the worker is able to return to work under subsection (1).

45(5)

A reassignment of work under subsection (2) is not discriminatory action under section 49.

Not legal advice. Verify the cited article against the signed agreement.