Lone Worker Safety Policy Guide For Yukon

Our Guide To Lone Worker Safety Policy And Legislation In Yukon

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How Yukon Defines A Lone Worker

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Employing A Lone Worker In Yukon

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How The Safe Lone Worker App Can Protect Yukon Lone Workers And Employers

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Yukon Lone Worker Policies

The Yukon territory does not have it's own set of lone worker rules and regulations, but instead observes the Canadian Workers' Safety and Compensation Act.

The information included below is taken from the Workers' Safety and Compensation Act for reference only. You are encouraged to conduct your own research into the lone worker policies for your jurisdiction.

Duties of committee

A committee has the following duties and functions in relation to the workplace for which it is established:

• (a) to receive, consider and make recommendations to the employer or prime contractor on concerns or complaints respecting the health and safety of workers;
• (b) to participate in the identification of hazards to the health and safety of workers or other persons arising out of or in connection with activities at the workplace;
• (c) to make recommendations to the employer or prime contractor on the development and promotion of health and safety management systems, education programs, policies, procedures and measures that are required at the workplace under this Part and to review and monitor their effectiveness;
• (d) to participate in inquiries, inspections and investigations as required by the employer or prime contractor or under this Part;
• (e) to participate in inspections of the workplace at regular intervals;
• (f) to make recommendations to the employer or prime contractor and to the workers for the improvement of workplace health and safety;
• (g) to maintain records in respect of the duties and activities of the committee and to make those records available on request to the employer, prime contractor, an officer or the board;
• (h) to co-operate with every person who is performing a duty that is imposed under this Part;
• (i) to perform any other duties that may be specified by the employer or prime contractor or under this Part.

Worker health and safety representative

(1) If an employer is not required under section 36 to establish and maintain a committee at a workplace, the employer must ensure that at least one worker health and safety representative is selected for the workplace in the following circumstances:

• (a) when the number of workers regularly employed by the employer is five or more but fewer than 20;
• (b) if required by order of the board under section 40.

(2) A worker health and safety representative must be a worker who

• ((a) does not exercise managerial functions at the workplace; and
• (b) is selected by
  • (i) the workers, or
  • (ii) the trade union that represents the workers at that workplace.

(3) The worker health and safety representative must, in co-operation with a representative of the employer,

• (a) perform the duties set out in paragraphs 38(a) to (f), (h) and (i); and
• (b) maintain records with respect to their own duties and activities and make those records available on request to the employer, prime contractor, an officer or the board.

Board may require committee or worker health and safety representative

(1) The board may, by order,

• require an employer or prime contractor to establish and maintain one or more committees for a workplace, part of a workplace or for workplaces or parts of workplaces of a number of employers; and
• despite section 37, provide for the composition and practice and procedures of those committees.

(2) The board may, by order, require an employer or prime contractor to ensure the selection of a worker health and safety representative for a workplace.

Training for committee members and worker health and safety representatives

An employer or prime contractor, as applicable, must

• (a) orient committee members, committee cochairs and worker health and safety representatives to their duties within 30 days after the date of their selection;
• (b) ensure that, within six months after the date of their selection, the committee co-chairs and worker health and safety representatives are trained to perform their duties competently;
• (c) ensure that, within six months after the date of their selection, at least one worker representative committee member is competently trained to participate in investigations of serious incidents, injuries, deaths and refusals of unsafe work; and
• (d) pay for the costs of orientation and training under this section.

Time away to perform duties

(1) Committee members, committee co-chairs and worker health and safety representatives are entitled to take time away from their regular work as necessary for orientation, training and to perform their duties under this Part.

(2) The time away under subsection (1) is considered to be time worked for the employer, and the employer must pay the individual for that time.

Posting names of committee members and worker health and safety representative

The employer and the prime contractor must ensure that the following are posted conspicuously at every workplace, as applicable:

• (a) the names of committee members;
• (b) the name of the worker health and safety representative.

Health And Safety Managements System

Establishment of health and safety management systems

(1) An employer must establish and maintain a written health and safety management system

• (a) when 20 or more workers of the employer are regularly employed; and
• (b) at any workplace as required by order of the board.

(2) The employer must establish the health and safety management system in consultation with the following, as applicable:

• (a) the committee for the workplace;
• (b) the worker health and safety representative for the workplace;
• (c) if there is no committee or worker health and safety representative, the workers at the workplace.

(3) A health and safety management system must include at least the following components:

• (a) a health and safety policy that states the employer’s commitment to ensure the health and safety of workers or other persons at or near the workplace;
• (b) procedures for the identification of existing and potential hazards to workers or other persons at or near the workplace and measures that will be taken to eliminate or control those hazards;
• (c) an emergency response plan;
• (d) a statement of the health and safety responsibilities of the employer, supervisors, workers and other persons at the workplace;
• (e) a schedule and procedures for regular inspection of the workplace;
• (f) procedures to be followed to ensure health and safety when another employer or self-employed person is involved in work at the workplace, including criteria for evaluating and selecting and for regularly monitoring that employer or self-employed person;
• (g) worker and supervisor orientation and training; g)
• (h) procedures for investigating incidents, injuries and deaths;
• (i) procedures for worker participation in workplace health and safety;
• (j) procedures for reviewing and revising the health and safety management system;
• (k) procedures for maintaining records that are required under this Part;
• (l) any other requirement that is set out in the regulations or ordered by the board

(4) An employer must review, and revise as necessary, the health and safety management system at the following times:

• (a) whenever there is a change in circumstances at the workplace that affects or could affect health and safety;
• (b) at least every three years

Requirement for smaller workplaces

An employer who has fewer than 20 workers regularly performing work for them must, in consultation with their workers and the worker health and safety representative, if any, conduct hazard assessments for each of their workplaces in order to identify and eliminate or control existing and potential hazards to workers or other persons at or near the workplace.

Board may require health and safety management system

The board may, by order, require an employer or prime contractor to establish and maintain a written health and safety management system.

Right To Refuse Unsafe Work

Right to refuse unsafe work

(1) Subject to subsections (2) and (3), a worker may refuse to perform work if they believe on reasonable grounds that the work is unsafe.

(2) For the purposes of this Division, work is unsafe if one or both of the following is likely to endanger the health and safety of the worker or another person:

• (a) the work activities;
• (b) the conditions of the work.

(3) The right under subsection (1) to refuse to perform work does not apply in the following circumstances:

• (a) the refusal would directly endanger the health and safety of another person and appropriate control measures are in place;
• (b) the conditions under which the work is to be performed are ordinary conditions in that kind of work and appropriate control measures are in place.

Worker to report a refusal to work

(1) A worker who exercises their right under subsection 47(1) must immediately report the refusal and the reasons for it to their employer or immediate supervisor, or to any other person who is in charge at the workplace.

(2) The person who receives a report under subsection (1) must immediately investigate the matter, and must either

• (a) without delay, take any action necessary to remedy any unsafe work activity or condition, or ensure that such action is taken; or
• (b) inform the worker if, in their opinion
  • (i) the work is not unsafe, or
  • (ii) a circumstance referred to in subsection 47(3) applies.

Continuing refusal to work

If, after action is taken under subsection 48(2), the worker continues to refuse to perform work, the person to whom the worker reported the refusal must

• (a) investigate the matter again;
• (b) allow the refusing worker and one of the following persons to be present during the investigation:
  • (i) a trained worker representative committee member, if any,
  • (ii) a worker health and safety representative, if any,
  • (iii) if there is no representative referred to in subparagraph (i) or (ii) or if they are not available, another worker selected by the refusing worker; and
• (c) without delay, take any action necessary to remedy any unsafe work activity or condition, or ensure that such action is taken.

Investigation of work refusal by officer

(1) If, after the investigation under section 49, the worker continues to refuse under subsection 47(1) to perform work, the employer must report the work refusal and the reasons for it to the board.

(2) On receipt of a report under subsection (1), an officer must promptly investigate the matter and determine

• (a) whether or not the work is unsafe; and
• (b) whether or not a circumstance referred to in subsection 47(3) applies.

(3) The officer must provide written reasons for their decision to

• (a) the worker who refused to perform the work;
• (b) the employer; and
• (c) the committee or the worker health and safety representative, if any.

(4) If the officer determines that the work is unsafe, the officer may make any order that the officer determines is necessary.

(5) When an employer is required to make a report under subsection (1), the refusing worker’s right under subsection 47(1) to refuse to perform work continues until

• (a) the unsafe work is remedied; or
• (b) an officer investigates the matter under subsection (2) and
  • (i) determines that
  • (A) the work is not unsafe, or
  • (B) a circumstance referred to in subsection 47(3) applies, and
  • (ii) informs the worker that they are no longer entitled to refuse to perform the work because of the determination under subparagraph (i).

When employer may assign another worker to do work

When a worker refuses under subsection 47(1) to perform work, the employer must not request or assign another worker to perform the work unless

• (a) the employer advises the other worker, in writing, of the following:
  • (i) the first worker’s refusal to perform the work,
  • (ii) the reasons for the refusal,
  • (iii) the other worker’s right under subsection 47(1) to refuse to perform work,
  • (iv) the reason why, in the opinion of the employer,
  • (A) the work is not unsafe, or
  • (B) a circumstance referred to in subsection 47(3) applies; and
• (b) if the work has been determined to be unsafe, the required actions have been taken to remedy the unsafe work activity or condition.

Employer may assign worker to other work

If a worker exercises the right under subsection 47(1) to refuse to perform work

• (a) the worker is entitled to the same wages and benefits that they would have received had they continued to work; and
• (b) the employer may reassign the worker temporarily to alternate work.

Prohibition Against Reprisals

Reprisal against worker prohibited

(1) An employer or trade union, or a person who is acting on behalf of one, must not take or threaten reprisal against a worker for doing any of the following:

• (a) exercising a right or performing a duty under this Part;
• (b) testifying in a proceeding that relates to this Part;
• (c) giving information about workplace conditions that affect the health and safety of any worker to
  • (i) an employer or a person who is acting on behalf of an employer,
  • (ii) the board, an officer or other person whose duties include the administration of this Part,
  • (iii) another worker or a trade union that represents a worker, or
  • (iv) a committee or a worker health and safety representative;
• (d) exercising a right or performing a duty as a committee member or as a worker health and safety representative;
• (e) refusing under subsection 47(1) to perform work;
• (f) taking reasonable action at the workplace to protect the health and safety of another person;
• (f) taking reasonable action at the workplace to protect the health and safety of another person;
• (g) complying with this Part or the regulations;
• (h) attempting to have this Part or the regulations enforced.

(2) A temporary work reassignment under paragraph 52(b) is not considered a reprisal for the purposes of subsection (1).

Reprisal complaint

(1) A worker who believes on reasonable grounds that an employer or trade union has taken or threatened to take reprisal against them for a reason set out in subsection 53(1) may elect to make a written complaint either

• (a) in accordance with the dispute resolution process set out in a collective agreement, if there is a collective agreement; or
• (b) to the board

(2) An election under subsection (1) is irrevocable.

(3) The employer must provide a copy of every complaint that a worker makes under paragraph (1)(a) to the board when the complaint is made.

(4) A worker who makes a complaint under paragraph (1)(b) must do so within 21 days after the date of the alleged reprisal.

Referral of complaint to arbitrator

(1) In this section

“arbitrator” means an arbitrator who is appointed by the board. « arbitre »

(2) Subject to subsection (3), the board must refer a complaint under paragraph 54(1)(b) to an arbitrator.

(3) The board may refuse to refer a complaint under paragraph 54(1)(b) to an arbitrator if the board is of the opinion that the complaint

• (a) was not made within the time set out in subsection 54(4); or
• (b) is without merit.

(4) A decision of the board under subsection (3) is final and is not subject to reconsideration or appeal.

(5) An arbitrator has all of the powers of the board under section 191.

(6) An arbitrator must provide written reasons for their decision to

• (a) the board;
• (b) the employer or trade union that the complaint is about; and
• (c) the worker who made the complaint.

(7) An arbitrator who finds that an employer or a trade union has contravened section 53 may make an order requiring the employer or trade union to take one or more of the following actions:

• (a) stop the reprisal;
• (b) reinstate the worker to their former employment under the same terms and conditions on which they were formerly employed;
• (c) pay the worker any wages or benefits that they lost because of the reprisal;
• (d) remove any reprimand or other reference to the matter from the records of the employer or the trade union about the worker;
• (e) pay the board all or part of the costs of the proceeding under this section;
• (f) take any other measures for compliance with this Part or the regulations.

(8) A decision of an arbitrator is considered to be a decision of the board.

(9) A decision of an arbitrator is final and is not subject to reconsideration or appeal.

(10) The Arbitration Act does not apply to a complaint that is referred to an arbitrator under subsection (2).

Onus on employer or trade union

If, in a proceeding that relates to this Part, a worker establishes that an employer or trade union took an action included in the definition “reprisal” against the worker after the worker did a thing described in subsection 53(1)

• (a) it is presumed that the employer or trade union took reprisal against the worker; and
• (b) the onus is on the employer or trade union to prove that the action taken was not a reprisal taken against the worker.