2022 Manitoba Workplace Safety and Health Act and Regulation



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whs workplace safety act and regs

Order by officer
43.1(3) If the officer decides that the work is dangerous, he or she shall
(a) make a written report stating the officer’s findings;
(b) make any improvement order under section 26 or stop work order
under section 36 that the officer considers necessary or advisable;
and
(c) give a copy of the report and any order to
(i) the worker who refused to do the work,
(ii) the employer, and
(iii) the co-chairpersons of the committee, or the representative.
Decision not to issue an order
43.1(4) If the officer decides that the work is not dangerous, he or she
shall, in writing,
(a) inform the employer and the worker of that decision; and
(b) inform the worker that he or she is no longer entitled to refuse to
do the work.
S.M. 2002, c. 33, s. 34; S.M. 2013, c. 9, s. 23.


The Workplace Safety And Health Act
47
Worker entitled to be paid despite refusal
43.2
If a worker has refused to work or do particular work under
section 43,
(a) the worker is entitled to the same wages and benefits that he or she
would have received had the worker continued to work; and
(b) the employer may re-assign the worker temporarily to alternate
work.
S.M. 2002, c. 33, s. 34.
Employer not to make worker work in unsafe conditions
43.3(1) When the employer at a workplace or his or her agent, or the
supervisor or another person representing the employer at the
workplace in a supervisory capacity, knows or ought to know of
a condition at the workplace that is or is likely to be dangerous
to the safety or health of a worker, he or she shall not require or
permit any worker to do that work until the dangerous condition is
remedied.
Employer may remedy dangerous condition
43.3(2) Subject to subsection 43(5), nothing in subsection (1) prevents the
doing of any work or thing at a workplace that may be necessary to
remedy a condition that is or is likely to be dangerous to the safety
or health of a worker.
S.M. 2002, c. 33, s. 34.
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