Federal Businesses: Enforcing the Canadian Labour Code for Lone Workers

Federal Businesses: Enforcing the Canada Labour Code

The Canada Labour Code (hereinafter “C.C.T.”) is the law applicable to any federal undertaking in the area of labour relations. Article 2 of the C.C.T. defines federal enterprises as “facilities, works, enterprises, or sectors of activity that fall within the legislative authority of Parliament.” It applies to employees, unions, employers and employer organizations of organizations governed by federal regulations. This applies in particular to banks, telecom companies, interprovincial and international maritime, rail and road transport companies...

Is isolated work authorized by the C.C.T.?

There is no provision in the C.C.T. prohibiting employees from working alone. However, the C.C.T. places on the employer a general obligation to protect employees. Thus, article 124 of the C.C.T. states that “the employer ensures the protection of its employees in terms of health and safety at work.” The employer must be particularly vigilant if his employees are in an isolated work situation. It will have to adopt specific measures to fulfill its obligation to protect. An alert system like that of NEOVIGIE to quickly bring help to a person in difficulty is strongly recommended. When it comes to accidents, the sooner emergency services are notified, the higher the chances of saving the person. A single person who has no means of warning is exposed to dramatic consequences in the event of an accident. While isolated work is generally authorized, there are nevertheless specific situations for which the Canadian Occupational Health and Safety Regulations (hereinafter “RCSST”) the prohibited one. Examples include:

• Perform certain types of work on electrical tools that require the presence of a safety supervisor or first aid worker [section 8.8 CCSST and section 16.3 (3) RCSST respectively]
• Working in a confined space in risky situations [paragraph 11.5 (1) c) COHSR]
• Exposing yourself to a risk of drowning [paragraph 12.11 (2) (b) COHSR]
• Perform maintenance or repair work on a machine that is, in practice, impossible to lock [subparagraph 13.16 (2) (b) (ii) RCSST]
• Operating material handling equipment with an obstructed view [paragraph 14.25 b) RCSST]

Similar requirements are set out in other regulations under the C.C.T. and should be referred to accordingly. These include the Marine Occupational Health and Safety Regulations, the Aircraft Occupational Health and Safety Regulations, the Trains Occupational Health and Safety Regulations, and the Oil and Gas Occupational Safety and Health Regulations.

Can an employee refuse dangerous work?

Article 128 of the C.C.T. authorizes the employee to “refuse to use or operate a machine or thing, to work in a place or to perform a task if he has reasonable grounds to believe that, as the case may be: a) the use or operation of the machine or thing constitutes a danger to himself or another employee; b) it is dangerous for him to work in the place; c) the performance of the task constitutes a danger to himself or another employee; b) it is dangerous for him to work in the place; c) the performance of the task constitutes a danger to himself or another employee; danger to himself or another employee.” However, it is not possible to refuse to perform work. dangerous if this refusal endangers the life, safety or health of another person, or if the danger is a normal condition of employment [art.128 (2) C.C.T.]. Nor does the authorization to refuse apply to employees on board a ship or aircraft in service, who may have to continue working in circumstances that they consider dangerous [art.128 (3) C.C.T.].

Is the equipment of an alert device mandatory for federal companies?

‍The CCHST (Canadian Centre for Occupational Health and Safety) recommends above all to avoid working situations in isolation. When this is not possible, he recommends setting up a procedure for declaring attendance and equipping employees with a means of communication. NEOVIGIE's PTI solution with its alert triggering and presence declaration functionalities makes it possible to respond to this recommendation.