Mr. Speaker, today is the day where most government departments will require proof of vaccination from employees who wish to continue working, and for those unvaccinated employees not willing to follow PPE protocol, tomorrow they may be sent home.
Mr. Speaker, questions are asked of me as to how this government, as an employer, is going to guarantee the safety of those that are vaccinated in the workplace when working alongside someone who is not vaccinated. Could this be considered an "unusual danger" as defined in the Safety Act?
Mr. Speaker, any employee or contractor has the right to have this matter addressed in accordance with the Safety Act. The Safety Act, in section 13(1) defines "unusual danger" to mean, in relation to any work, "a danger that does not normally exist in that work."
Based on that premise one can then argue - because COVID-19 is new, was not something present in the workplace prior to the pandemic, it is a risk that does not normally exist in any workplace - COVID-19 may then be deemed an unusual danger.
The Safety Act, in section 13(2), further states that "a worker may refuse to do any work where the worker has reason to believe that (a) there exists an unusual danger to the health and safety of the worker."
Mr. Speaker, the Safety Act then goes on to state that "On refusing to work, the worker shall promptly report the circumstances of his or her refusal to the employer or supervisor who shall, without delay, investigate the report and take steps to eliminate the unusual danger in the presence of the worker and a representative of the worker's union…”
Mr. Speaker, upon completion of the investigation, and if the employee believes that the unusual danger is still present, can continue to refuse to work and the employer, worker or supervisor, is required to notify the Joint Occupational Health and Safety Committee; or, where no such committee exists, then a delegate of the chief safety officer. Upon such notice, a review by the Joint Occupational Health and Safety Committee or delegate is required.
If the employee is not satisfied that the "unusual danger" in the workplace has not been eliminated or reduced, an appeal to the chief safety officer, who would then be required to conduct a further investigation as soon as possible. The decision of the chief safety officer is final, with the exception of an appeal to the Supreme Court of the NWT.
Mr. Speaker, I seek unanimous consent to conclude my statement.
---Unanimous consent granted.
Thank you, Mr. Speaker. Mr. Speaker, the point is that it may be likely we will see some employees consider the risk of COVID-19 to themselves, their family, and contacts, when working alongside those that are not vaccinated, and deem themselves to be at risk thereby utilizing to Safety Act as a means of protection. Are we prepared for this course of action? I will have questions for the Minister Responsible for Finance at the appropriate time. Thank you Mr. Speaker.
Thank you, Member for Hay River South. Members' statements. Member for Kam Lake.
