Work refusal advisory to Customs Officers, Part II, Canada Labour Code
AUG 25, 2003 – This Advisory is being issued by the Customs Excise Union Douanes Accise to Canada’s Customs Officers who work at all land border crossings, marine ports and especially international airports, in light of SARS. 

Members are being directed to confirm the following
 

• Health Canada Officers (Qualified Quarantine Doctors) are on hand and prescreening all travelers that arrive from known SARS hot points. 

• Customs Officers are being provided full, complete, and current information on SARS.

• Customs Officers are provided with approved masks and gloves, and any other recommended gear, and given the unimpeded opportunity to wear these without reprisal.

• All Customs Officers are immediately and fully trained to use equipment provided and how to treat suspect SARS cases.

If any of these conditions are not met …

Members are being reminded of the following sections of the Code

Right of employees to refuse work
Section 128 (1) Subject to this section, an employee may refuse to … work in a place or to perform an activity, if the employee while at work has reasonable cause to believe that:

(b) a condition exists in the place that constitutes a danger to the employee; or 

Need to report to employer
Section 128 (6) An employee who refuses to … work in a place or perform an activity under subsection (1) … shall report the circumstances of the matter to the employer without delay.

Prohibition re employer
Section 147 No employer shall dismiss, suspend, lay off or demote an employee, impose a financial or other penalty on an employee, or refuse to pay an employee remuneration in respect of any period that the employee would, but for the exercise of the employee's rights under this Part, have worked, or take any disciplinary action against or threaten to take any such action against an employee because the employee:

(c) has acted in accordance with this Part or has sought the enforcement of any of the provisions of this Part.

For more information Members are urged to contact their local OSH representative or Union Steward immediately.

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