2022 Manitoba Workplace Safety and Health Act and Regulation


Court order to reinstate, etc



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whs workplace safety act and regs

Court order to reinstate, etc.
42.1(5) If an employer or union is convicted of taking a reprisal against a
worker contrary to this Act, the convicting justice shall order the
employer or union to do one or more of the following:
(a) stop the reprisal;
(b) reinstate the worker to his or her former employment on the same
terms and conditions on which the worker was formerly employed;
(c) pay the worker any wages the worker would have earned had he
or she not been wrongfully subjected to a reprisal and compensate
the worker for loss of any benefits;
(d) remove any reprimand or other reference to the matter from any
employment records the employer maintains about the worker.
S.M. 2002, c. 33, s. 34; S.M. 2021, c. 16, s. 10.
RIGHT TO REFUSE DANGEROUS WORK
Right to refuse dangerous work
43(1)
Subject to this section, a worker may refuse to work or do
particular work at a workplace if he or she believes on reasonable
grounds that the work constitutes a danger to his or her safety
or health or to the safety or health of another worker or another
person.


The Workplace Safety And Health Act
45
Reporting the refusal 
43(2)
A worker who refuses to work or do particular work under subsection
(1) shall promptly report the refusal and the reasons for it to his or
her employer or immediate supervisor, or to any other person in
charge at the workplace.
Inspecting dangerous conditions
43(3)
If the employer does not remedy the dangerous condition
immediately, the person who receives the report of refusal to work,
or a person designated by that person, shall immediately inspect the
dangerous condition in the presence of the worker and one of the
following persons:
(a) if there is a committee under section 40, the worker co-chairperson of
the committee or, if that person is unavailable, a committee member
who represents workers;
(b) if there is a representative designated under section 41, that
representative or, if he or she is unavailable, another worker selected
by the worker refusing to do the work;
(c) if there is no committee or representative, another worker selected
by the worker who is refusing to work.

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