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Forum: Community
Edmonton, Alberta: My wife’s employer insists that she has to clean rooms of smokers, even tho she is a non-smoker, or bring in a doctors note (which can be a costly endeavor) to exclude her from this practice. This is not her main duties usually but comes across this from time to time. The smell turns her stomach and is worried about her health as well.
That’s a toughie. In an ideal world, this wouldn’t be a LEGAL Q at all. So if she hasn’t already done so, I’d advise your wife to talk to her supervisor, explain the problem and count on the employer to do the decent and respectful thing and relieve her of this nasty duty.
The law should come into play only if that doesn’t work. The first thing your wife could do is bring a work refusal. But Alberta’s work refusal rules are pretty tough. Refusals are permitted–in fact, required–where workers have “reasonable and probable grounds” to believe there’s an “imminent danger” to their health or safety. Simply finding a condition unpleasant doesn’t work. There must be a real health threat.
The good news is that Alberta is in the process of loosening up its refusal rules. I haven’t yet seen the proposed Bill, but I’ll bet my bottom dollar that it eases up on the “reasonable” + “imminent danger” standard. But those changes won’t take effect until next year anyway and your wife needs help right now.
Although I think it’s an uphill battle, if your wife does want to bring a refusal, it’s imperative that she follow the right refusal PROCEDURE and notify the employer “as soon as reasonably practicable.”
There’s one other legal theory–although it’s also a bit of a long shot. Your wife may be able to request reasonable accommodations, which would presumably include being relieved of smoking room cleaning duty, to the extent the adverse effects she’s suffering are caused by allergies or other impairments that constitute disabilities under the Alberta Human Rights Code.
I also strongly urge your wife to talk to a union rep, especially if she’s thinking about treating this as a refusal or accommodations matter.
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Glenn Demby, 203 354-4532
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HERE’S THE AB OHS ACT STUFF
Existence of imminent danger
35(1) No worker shall-
- (a) carry out any work if, on reasonable and probable grounds, the worker believes that there exists an imminent danger to the health or safety of that worker,
(b) carry out any work if, on reasonable and probable grounds, the worker believes that it will cause to exist an imminent danger to the health or safety of that worker or another worker present at the work site, or
(c) operate any tool, appliance or equipment if, on reasonable and probable grounds, the worker believes that it will cause to exist an imminent danger to the health or safety of that worker or another worker present at the work site.
(2) In this section, “imminent danger” means in relation to any occupation-
- (a) a danger that is not normal for that occupation, or
(b) a danger under which a person engaged in that occupation would not normally carry out the person’s work.
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