Occupational Health & Safety - local70 - Ontario Nurses' Association

• The Act or the regulations are being violated.
• The violation poses a danger or a hazard to a worker.
• There is a delay in controlling the danger or hazard, which may seriously
endanger a worker.
CNO Decision Tree
The same conditions apply to this right as to the “Right to Refuse.” That is, health
care workers and others who work in a variety of health care facilities cannot initiate
a work stoppage if doing so will endanger the life, health or safety of another
person (Section 44(2)). This legal condition severely restricts the rights of
health care workers to stop dangerous work, so if in doubt, members should consult
their Bargaining Unit/Local/Labour Relations Officer or call the Ministry of
Labour.
In most cases, it takes two certified members to direct an employer to stop dangerous
work. One must be a certified member representing workers, the other a
certified member representing the employer. In some special cases, a single certified
member may have this right. Sections 45, 46 and 47 set out the procedure
for exercising this right. Because this right is a conditional one, nurses are
advised, where possible, to seek advice prior to exercising it.
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