Does your employer have a duty to protect you against terrorist threats?
Yes. Section 25 (2)(a)(d)(e) and (h) of the Occupational Health and Safety Act would require that the employer establish written measures and procedures to protect workers from the potential hazards associated with terrorist threats or attacks. This would include appropriate security, emergency
response plan as well as written instruction to employees on how to protect themselves from such potential harm. The employer must also consult with the joint health and safety committee in the development of such procedures and measures.
More specifically, section 25 (2) (h) of the Occupational Health and Safety Act requires that the employer take all precautions reasonable in the circumstance for the protection of the worker. Under this provision the employer is obliged to develop policies and measures and procedures to protect workers from
hazards in the workplace. This would also involve Section 25 (2) (b) (d) which requires the employer to provide information and instruction on how to work safely with a hazard. The employer is also required to afford co-operation and assistance to the joint committee under Section 25 (2) (e).
What should the local union do?
Local unions must demand that the employer meet their obligations under the Occupational Health and Safety Act to establish protective measures and procedures for the safe handling and disposal of “suspicious” mail or packages that may contain a hazardous chemical or biological agent. This must also include
measures to deal with bomb threats.
These measures and procedures should be developed in consultation with the joint health and safety committee at the workplace.
What should be included in such measures and procedures?
- Criteria for screening and recognizing “suspicious” mail or packages that may contain a harmful chemical or physical agent.
- Detailed procedures for dealing with mail or package that is deemed “suspicious” and potentially harmful.
- The delegation of roles and responsibilities for the execution of all measures and procedures.
- The provision of training to all workers in the recognition and safe handling and disposal of potentially harmful materials.
- Detail measures for the safe handling and removal of potentially harmful materials.
- Established protocols with other agencies to deal with such situation. This might involve a protocol with local police and specialized agencies such as bomb disposal and bio-hazard laboratories and personnel.
- Provision of personal protective equipment to prevent exposure.
- Measures and procedures to deal with personnel who have been exposed. This might include first aid or other medical treatment to prevent injury or illness after exposure.
- Procedure for timely identification of potentially harmful agents. This would involve establishing a protocol with relevant agencies such as the department of health , public health laboratory or hazardous materials specialists.
- Emergency response plan.
Do workers have the right to refuse to work with a suspicious letter or parcel?
Yes. Section 43 (3) gives workers the right to refuse work or assignments they believe may likely endanger them.
Workers are advised to exercise this right to refuse should a suspicious package or envelope appear in the workplace. When exercising this right the worker must:
- Report the circumstance of the refusal to the supervisor who must investigate in the presence of the worker and his or her representative.
- The worker must remain in a safe place.
- If the employer disagrees and takes no action, then the worker continues to refuse and a Ministry of Labour inspector must be called in to investigate.
- While waiting for the inspector to come the worker must remain in a safe place and cannot be penalized, threatened, disciplined or terminated.
- The employer cannot assign another worker to do this refused work unless they advise the worker of the work refusal and the reason for the refusal. This must be done in the presence of the workers representative.
- The inspector must come to the workplace to investigate and render a decision in writing. Should the inspector not show up or give a decision over the phone, then the worker can continue to refuse.
For additional information on anthrax and bioterrorism issues, please visit the The Canadian Centre for Occupational Health and Safety web site.
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