COVID-19: Reminder of Employee Rights under Workers Compensation Act
All BCNU members are reminded of their occupational health and safety rights as the COVID-19 pandemic continues to spread throughout British Columbia. Workers have the right to be informed about COVID-19 risks, to be aware of how their employer is protecting them from COVID-19, and to know what they must do to protect themselves.
Under the Workers Compensation Act, workers in BC have the fundamental right and responsibility to refuse unsafe work without being disciplined or treated in any discriminatory way by their employer.
BCNU supports use of the precautionary principle in health-care facilities to minimize potential risks of exposure and transmission of COVID-19. If personal protective equipment (PPE) and guidance are not available, the clinical judgment of the nurse will prevail until alternative solutions are made available, in alignment with the precautionary principle.
If a member believes they are unable to access appropriate PPE or are concerned about the level of training at their worksite, BCNU representatives are available to help them understand their right to refuse unsafe work. This includes access to information on their rights when providing patient care during a public health emergency, how the refusal process works and whom to contact for more information.
For nurses and patients, it may be in the best interest of both to refuse unsafe work because sick health-care workers cannot care for sick patients and should not place other patients at risk of transmission.
Exercising the right to refuse unsafe work is an individual decision. BCNU cannot give a member advice about when to refuse unsafe work.
For those members who require urgent assistance and are unable to reach their steward: