Fear of Open Tractor Rollover Doesn’t Justify Refusal to Wear Seatbelt

Does wearing a seatbelt actually heighten the danger of injury? That’s what an Air Canada station manager argued in initiating a work refusal after being told to buckle up while driving an open tractor. His reasoning: If I’m not wearing a seatbelt, I’ve got a decent shot of getting out of the way if the tractor rolls over. But Air Canada found no danger. Neither did the JHSC nor the MOL official sent to investigate. The OHS Tribunal had the last word, agreeing that there was no danger and dismissing the manager’s rollover fears as “remote” and highly unlikely to happen [Robitaille v. Air Canada, 2019 OHSTC 1 (CanLII), Jan. 18, 2019].