TO ALL IAMAW MEMBERS
TRANSPORTATION DISTRICT 140
AIR CANADA HEALTH AND SAFETY PROCESS
RE: COVID-19
Brothers and sisters,
Members from Air Canada YUL TMOS group have been contacting the Union at all levels to discuss their concerns with protection against COVID-19 in the workplace now that some of our colleagues have confirmed cases of COVID-19.
We believe that these concerns and worries are completely justifiable given the current context. The main questions that keep coming up is “what rights do we have?” and “what is being done to protect us in our workplace”
Right to a Safe Workplace – Under the Canada Labour Code the employer is required to ensure the health and safety at work of every person employed by the employer.
Right to Know – Employers must make employees aware of known or foreseeable health or safety hazards and must provide each employee with the information, instruction, training and supervision necessary to ensure their health and safety at work.
Right to Participate – Employee representatives on the health and safety committee have a right to participate in health and safety investigations.
Any employee who has reasonable grounds to believe that the workplace is not safe can make a complaint to their supervisor. If a complaint is not resolved to an employee’s satisfaction, it will go the joint health and safety committee to be investigated and complaints can be appealed further if the members of the committee do not agree on the resolution.
Right to Refuse Dangerous Work – Employees have a right to refuse work where they have “reasonable cause” to believe that conditions exist that can “reasonably be expected to be an imminent or serious threat to the life or health of a person”. Work refusals trigger an investigation by the Ministry of Labour.
The law prohibits employers from carrying out reprisals against employees who exercise their health and safety rights, and discipline cannot be imposed for a work refusal, unless it is found to be frivolous or made in bad faith.
Members of this bargaining unit recently exercised their right of refusal based on their concerns that they were not adequately protected from COVID-19 in the workplace, and the Minister issued a decision that there was no danger. The Union does not accept this decision, and is filing an appeal to protect your rights.
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If you are worried about your health and considering filing a complaint or exercising the right to refuse dangerous work, please seek the help of a Health & Safety committee member.
Be assured that the Union is working to hold the employer to all of its obligations under the Canada Labour Code. You have rights and we are there to help you defend them!
In Solidarity,
Guillaume Lingat
General Chairperson – Eastern Region
Transportation District 140, IAMAW
