Gerritt Posted January 31, 2011 Report Share Posted January 31, 2011 (edited) With the upcoming snow storm I have a quick question in regards to Health and Safety Laws... A good friend called me up asking if his employer can force him to drive a company vehicle in inclimate weather, especially if the vehicle does not have proper equipment.. ie. Snow Tires etc.. I know in the OHSA there is a clause for refusal to work... but does this apply in this situation? and if it does is there any law pertaining to weather specifically? I have searched the MOL with no answers, I have also emailed without reply.. So I was wondering if you guys knew anything. G Edited February 5, 2011 by Gerritt Link to comment Share on other sites More sharing options...
HTHM Posted January 31, 2011 Report Share Posted January 31, 2011 (edited) As I understand it, under the act, if a worker FEELS that the work is unsafe, he has the right to call in an inspector to make a judgement. He better have his butt covered for when the inspector leaves though.... Yes the act would apply here as well, driving is part of the job at hand. Edited January 31, 2011 by HTHM Link to comment Share on other sites More sharing options...
bigugli Posted January 31, 2011 Report Share Posted January 31, 2011 It is a grey area. There are exceptions if you work for an essential service. You have to be able to clearly define how the work vehicle was unsafe for the weather conditions. Snow tires are not mandatory in Ontario so that is not sufficient grounds. An easy out is if the police or MTO issue an advisory to stay off the roads. Link to comment Share on other sites More sharing options...
BUSTER Posted January 31, 2011 Report Share Posted January 31, 2011 You have the right to refuse unsafe work, period. Link to comment Share on other sites More sharing options...
Twocoda Posted January 31, 2011 Report Share Posted January 31, 2011 (edited) He has the right to refuse any job that he feels is unsafe for HIM...with out repercussion ...everyones tolence is different when it comes to anxiety ,temperatures noise tolerances...so there is no specific levels...its up to the person that has to do the task under any circumstances or conditions what their levels are....I am IAPA certified and OHSA certified... Better question is ...why would an employer want to put his equipment/employee at unnessasary risk of being damaged or lost... Hope it helps... Edited January 31, 2011 by Twocoda Link to comment Share on other sites More sharing options...
Roy Posted January 31, 2011 Report Share Posted January 31, 2011 I hope he's not a snowplow driver. Link to comment Share on other sites More sharing options...
BUSTER Posted January 31, 2011 Report Share Posted January 31, 2011 http://www.ywap.ca/english/index.htm Link to comment Share on other sites More sharing options...
Gerritt Posted January 31, 2011 Author Report Share Posted January 31, 2011 He has the right to refuse any job that he feels is unsafe for HIM...with out repercussion ...everyones tolence is different when it comes to anxiety ,temperatures noise tolerances...so there is no specific levels...its up to the person that has to do the task under any circumstances or conditions what their levels are....I am IAPA certified and OHSA certified... Better question is ...why would an enployer want to put his equipment/employee at unnessasary risk of being damaged or lost... Hope it helps... I suppose for the all mighty dollar? I am not really too sure... my buddy is not hired as a fulltime driver.. but some driving is needed as part of his job... I figured he could refuse work if he felt unsafe.. however there are unsaid repercussions to this... as we all know. It seems to be a grey area and that is why I thought I would ask. I k now of a few situations where I refused to work...ie. Trenches without shoring But driving is a different animal all together. thanks guys Link to comment Share on other sites More sharing options...
Twocoda Posted January 31, 2011 Report Share Posted January 31, 2011 if its a question of snow tires...although its an inconvenience to put on ....they are alot cheaper then a compansation claim....if the employeee in question is truly concerned for his safety ...then all he has to do is call in sick...he wont be lying Link to comment Share on other sites More sharing options...
solopaddler Posted January 31, 2011 Report Share Posted January 31, 2011 Of all the weeks for this.. My wife is enjoying her Christmas present from me in the Dominican this week. The kids and the puppie are running amok and now this. God help me. Link to comment Share on other sites More sharing options...
HTHM Posted January 31, 2011 Report Share Posted January 31, 2011 Of all the weeks for this.. My wife is enjoying her Christmas present from me in the Dominican this week. The kids and the puppie are running amok and now this. God help me. PARTY at Solo's this week! Link to comment Share on other sites More sharing options...
aplumma Posted January 31, 2011 Report Share Posted January 31, 2011 Most of the time management will agree and tell you to stay home but.... in some cases in the back of their mind they decide that you are expendable and not a company man. It is often thought that the person staying home is their not because of the snow but for another reason. Kids off school,wife not home,etc...It is better to drive to the end of the driveway and put it in the ditch and then call in. Art Link to comment Share on other sites More sharing options...
misfish Posted January 31, 2011 Report Share Posted January 31, 2011 PARTY at Solo's this week! Im there,come here puppy. What can I say,I like puppies. Like said ,a grey area,and dont think that "with out repercussion " stands. Come on,they always find a way down the line. it,s sad,but so true. G,he can start his drive and say he,s not comfortable about driving in this mess.Call and tell them it,s not safe. A good boss will say fine, go home see ya later.If he,s a prick and does other,then he aint worth working for in the first place.JMO. Link to comment Share on other sites More sharing options...
solopaddler Posted February 1, 2011 Report Share Posted February 1, 2011 PARTY at Solo's this week! Im there,come here puppy. What can I say,I like puppies. You guys can come over anytime. I'm in a cranky mood though. I'm in withdrawl from carbohydrates and sugar (stupid diet ) Plus no alcohol of any kind It's going to be a fantastic week. Link to comment Share on other sites More sharing options...
danbouck Posted February 1, 2011 Report Share Posted February 1, 2011 You guys can come over anytime. I'm in a cranky mood though. I'm in withdrawl from carbohydrates and sugar (stupid diet ) Plus no alcohol of any kind It's going to be a fantastic week. sweet, same diet here Let's do protein shake shots Link to comment Share on other sites More sharing options...
solopaddler Posted February 1, 2011 Report Share Posted February 1, 2011 sweet, same diet here Let's do protein shake shots I never thought I'd say this, but if I eat one more steak or shrimp I'm gonna barf. Works though. 12lb's melted away since Jan 5th. Link to comment Share on other sites More sharing options...
spincast Posted February 1, 2011 Report Share Posted February 1, 2011 It is unfortunate that such situations occur - but over the years I have made the call many times both ways. I remember at one trucking firm in a snow storm I arrived in the yard and all the drivers were freaking out becuase of the weather reports. Now these guys are all pros with A licenses. A couple said " I can't even get my truck to move from the parking spot". Yes there was snow - quite a few inches, but the hype was worse than the reality and they had all driven in worse. I had driven in from out of town and they all lived locally. I explained that really, the roads weren't that bad. Plows and salters had been out - in town and the parking lot were worse than the roads out of town. I said - If I can move that truck - dressed in my office clothes, and hook to your trailer, are you willing to go out and try? If you feel unsafe at anytime once you're on the road, just tell me and we'll let you pull over and or come back". They all agreed. I hopped in, diff lock on, put it in 5th and with a couple quick pops of the clutch and a rock or two - hey presto - line up the pin, hook and we're golden. They all went out. No-one got in an accident, no one turned around, no one pulled over. On the other hand, many is the time I have had guys call me and say they have freezing rain and or blizzards and don't feel safe continuing. Shut down - because once your confidence is gone, you are too much at risk. You aren't focusing on what you need to be. All that being said - your friend needs to assess the situation when faced with it. He maybe able to go out, or he may not. Look to the MTO road closures and delays (website) before departing, heck - even see if where he is being sent is going to be open, because if it is really bad many companies will send staff home rather than have them stranded. Your friend is able to make the decision himself without any repercussions or sanctions if he feels the work he is being requested to do is unsafe above the normal job requirements - if his job description calls for him to drive the vehicle he is assigned to and he is qualified to do so. If it isn;t part of his regular job description then he has a lot more littitude in what represents a hazard. But as Art mentioned; depending on how this is handled the actions may have some undesirable results in the longer term. And no job is worth harming yourself or others.... Link to comment Share on other sites More sharing options...
misfish Posted February 1, 2011 Report Share Posted February 1, 2011 I never thought I'd say this, but if I eat one more steak or shrimp I'm gonna barf. Works though. 12lb's melted away since Jan 5th. Tell ya what,,,,,,,,,,, I,ll eat the shrimp,zoey I will share the steak.After shes gone for a nap,I,ll save ya the bother,and drink yer beer.LOL What the heck kind of diet you guys on? I lost 65lbs by just walking and swimming and wieghts.Went from 235 down to 173, then I had to put back on 20,cause it wasnt just right.Staying at a constant 185.All good. SRY FOR THE SIDE TRACK DERAIL G. Me bad.Blame Mike.He made me hungry. Link to comment Share on other sites More sharing options...
danc Posted February 1, 2011 Report Share Posted February 1, 2011 Any worker in Ontario has the right to refuse work that he or she deems unsafe. Period. Link to comment Share on other sites More sharing options...
chessy Posted February 1, 2011 Report Share Posted February 1, 2011 the bussiness my wife works in one of the drivers had a job to do in montreal he had to leave on thursday for the job. they new a big snow storm was coming . he rented a hotel and bought the employee a pass for skiing for the weekend . he told the driver if he wanted to take his wife it would be fine and he would pay for her to .. why because it was cheaper to pay that then the deductable and loss of truck and employee Link to comment Share on other sites More sharing options...
Sinker Posted February 1, 2011 Report Share Posted February 1, 2011 This "can't drive to work because the roads are bad" mentality really pisses me off. We haven't even seen a flake of snow, and already, people are freaking out about a big storm Gimme a break, we haven't seen a real winter storm for years. A foot of snow is nothing, driving in it isn't a problem, just take your time and be careful. If I refused to work because of a snow storm, my co workers would laugh thier asses off at me. I'd be quite embarrassed even thinking of calling in. What has this world come to. Its Canada for god sakes, we're supposed to like cold and snow. What a bunch of wussies!!! Tell your buddy to get his purse out of the way, hop in the truck, and get his ass to work!!!!! S. Link to comment Share on other sites More sharing options...
irishfield Posted February 1, 2011 Report Share Posted February 1, 2011 Link to comment Share on other sites More sharing options...
fishing n autograph Posted February 1, 2011 Report Share Posted February 1, 2011 You know...in major snows people are shocked that I show up at work. Not only that, when the snow shuts us down people are shocked that I don't crash at the office or in a hotel. What gives? Its only snow. Link to comment Share on other sites More sharing options...
danc Posted February 1, 2011 Report Share Posted February 1, 2011 This "can't drive to work because the roads are bad" mentality really pisses me off. We haven't even seen a flake of snow, and already, people are freaking out about a big storm Gimme a break, we haven't seen a real winter storm for years. A foot of snow is nothing, driving in it isn't a problem, just take your time and be careful. If I refused to work because of a snow storm, my co workers would laugh thier asses off at me. I'd be quite embarrassed even thinking of calling in. What has this world come to. Its Canada for god sakes, we're supposed to like cold and snow. What a bunch of wussies!!! Tell your buddy to get his purse out of the way, hop in the truck, and get his ass to work!!!!! S. Getting back and forth to work doesn't apply to the refuse to work labor law. How you get there is your own business. Link to comment Share on other sites More sharing options...
Sinker Posted February 1, 2011 Report Share Posted February 1, 2011 Getting back and forth to work doesn't apply to the refuse to work labor law. How you get there is your own business. I missed your point Dan. Would you call in sick, due to a snow storm?? How about refuse to work.....because you had to drive in it?? Gimme a break!! People just get lazier and lazier. All we do is make up silly rules to help out the lazy, stupid people. It pisses me off!! People are already planning what they're going to do on the "snow day" this week, but its too bad to go to work......puuullleeaaase!!!! Get off your asses and go to work!~!!! Seems like anything is an excuse to get the easy way out nowadays. I wasn't brought up that way, and my kids won't be either. If its gonna be a snowy day, we get up a little earlier than normal so we can clear the drive, and get to work/school. That's how she goes, no excuses for a day off!!!!! If the buses aren't running (which is another whole rant) I DRIVE them in myself. Imagine, driving in snow.....in Canada no less S. Link to comment Share on other sites More sharing options...
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