Section 4

Legislative Requirements

Right to Refuse Unsafe Work Policy
Trillium Interim Staffing Inc. accepts its responsibilities and is committed to complying with all the requirements of applicable Health and Safety legislation. To this end, we shall endeavour to ensure that management, the Health and Safety Committee, and assignment employees are knowledgeable with those sections of the applicable health and safety legislation that directly affects them.
Right to Refuse Work as per Occupational Health and Safety Act Section 43 (3).
"A worker may refuse to work or do particular work where he or she has reason to believe that:

a) Any equipment, machine, device or thing he is to use or operate is likely to endanger himself, herself or another worker;

b) The physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself; or

c) Any equipment, machine, device or thing he or she is to use to operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this ACT or the regulations and such contravention is likely to endanger himself or herself or another worker."
Guidelines for All Employees:
  • Are educated about the rights and responsibilities regarding workplace hazards and unsafe work.
  • Must report hazardous working conditions to the client site manager and Trillium Interim Staffing Inc. consultant.
  • Must stop working and advise the client site manager and a staff member from Trillium Interim Staffing Inc.
Immediately when exercising their right refuse unsafe work.
Guidelines for Health and Safety Risk Managers, Internal Managers, and JHSC Members:
  • The representative from Trillium Interim Staffing Inc. must escalate the issue to his/her manager and/or the Health and Safety Risk Manager to initiate further investigation.
  • Must deal and concentrate on resolving the health and safety concerns promptly.
  • Provide prompt and on-going information to the concerned individual - make sure the assignment employee is kept up to date on all measures being taken to resolve his/her complaint or concern.
  • Cannot penalize the assignment employee for exercising his/her right to refuse unsafe work (As per Section 43 of the Act)
Right to Refuse Unsafe Work Procedures
Stage 1:
The assignment employee shall report the circumstances of the work refusal to his/her on-site supervisor and a representative from Trillium Interim Staffing Inc. They shall then investigate the report in the presence of the assignment employee, a Health and Safety committee member and/or a worker selected by the workers.

a) If agreement is reached the assignment employee returns to work.
b) If agreement is not reached and the assignment employee has reasonable grounds to believe that the work is still likely to endanger himself/herself or other assignment employees, the next steps will follow.
Stage 2:
The assignment employee continues to refuse and remains in a safe place, or, if appropriate, is assigned to reasonable alternative work or given other directions pending investigation and decision.

a) The employer notifies a Joint Health and Safety Committee (JHSC) Representative.
b) The assignment employee or employer notifies an MOL Inspector. During this refusal, the disputed machine, workplace, or assignment is not to be used or undertaken pending investigation and decision.
c) The MOL Inspector conducts his/her investigation in the presence of the assignment employee, employer and worker representative.
d) The MOL Inspector shall give his/her decision in writing to the assignment employee, employer, or worker representative as soon as possible.
Section 4
Legislative Requirements
Assignment Employee Acknowledgement
I have read the information in this document and understand my right to refuse unsafe work. I have reviewed the flow chart explaining the procedure for work refusal related to unsafe work. I have asked all questions and I am satisfied with the explanations given to me. I understand that I have the opportunity to refer to the Occupational Health and Safety Act and Regulations at Trillium Interim Staffing Inc. at any time and may request a copy of the procedure flowchart.

I understand that I am responsible for reporting to Trillium Interim Staffing Inc. when I am assigned a task at the workplace that does not match with the original job description provided by Trillium Interim Staffing Inc. I will not perform this work without prior authorization from Trillium Interim Staffing Inc. Furthermore, I will not perform any work that includes: operating machinery, power equipment, forklift, vehicles; work that is hazardous; or work for which I have not been properly oriented or trained or assigned by Trillium Interim Staffing Inc. at time of placement.
Assignment Employee Name (please print)
Signature of Assignment Employee
Date
Witness (please print)
Signature
Date


_______________________________________________________

Vacation Pay Agreement for Assignment Employees
Please select ONE of the following boxes.
____ 4% paid weekly
____ 4% Vacation pay accrued to be paid prior to the vacation time off
Assignment Employee Name (please print)
Signature of Assignment Employee
Date
Temporary Associate Work Week Averaging Agreement Under Section 22.1
PERMIT ID#: 60042360
For the purpose of calculating overtime pay entitlement I hereby agree that should I work in excess of forty-four (44) hours per week at any client site, any excess hours may be averaged over a period not to exceed two (2) weeks, for the purpose of calculating my entitlement to overtime pay. I understand that the Ontario Employment Standards Act requires employees to receive overtime pay for all hours worked in excess of forty-four (44) hours per week.

I acknowledge and agree that I have received and have had sufficient time to review a copy of the most recent information sheet titled: Information for Employees about Hours of Work and Overtime Pay prior to signing this agreement.

I also acknowledge that this agreement is in force from the date agreed to April 24, 2016 and can be used at multiple client sites. This agreement can only be revoked prior to the end date, which is April 24, 2016, should both parties agree to do so in writing.

By signing below, I agree to the terms outlined in this agreement and my signature indicates that any and all Agreement hereunder is agreement at will. The effective date of this agreement is the day immediately following the date the agreement was signed by both parties

Assignment Employee Name (please print)
Signature of Assignment Employee
Date
Trillium Rep. Name (please print)
Signature
Date


_______________________________________________________

Daily Excess Hours Agreement
I have read and understand the Ministry of Labor information sheet "ABOUT HOURS OF WORK AND OVERTIME PAY" issued by Director of Employment Standards (section 21.1 of the Employment Standards March 1 2005 and I agree to work in excess of 8 hours in a day and to a maximum of 12 hours in a day when requested to do so.

I understand that by signing this agreement I may be asked to work up to 12 hours in a day and agree to do so upon request.

I understand I can cancel this agreement to work excess daily hours by giving my employer two (2) weeks' written notice.

I understand that Trillium Interim Staffing Inc can also cancel this agreement by giving me a reasonable notice.
Assignment Employee Name (please print)
Signature of Assignment Employee
Date
Email Address(To whom the pdf wil be mailed)
TRILLIUM INTERIM STAFFING INC.
50 BURNHAMTHORPE ROAD WEST. Suite #401 MISSISSAUGA, ON L5B 3C2
Phone: 416-238-5940 Fax: 905-281-4294