PRESENT. LYNSLEY A.DOO0HAL TRINIDAD & TOBAGO UNIFIED TEACHERS! ASSOCIATION Head Offic: Comer Fowler Steet & Southern Main Road, Curpe,Tinided West Indes. Phone: 63-2738, 645-2196, Fax: 62-1819 South Office: 32 Donaldson Stet, San Fernando, Tinka, Phone: 657-5086, 657-6033. ToVFax 687-6033, ‘Tobago: Comer Ki Steet and McKay Hil, Scarborcugh. Phone: 6393488. TelFax: 630-3458 small: gensectuta@gmall.com TONITE nemernerasscceacancsaciaen sii Date: 12 February, 2019 Please Quote in your reply Se =i TO: ALL TTUTA MEMBERS: FROM: SECOND VICE PRESIDENT SUBJECT: REFUSAL TO WORK AS PER SECTION 15 OSH ACT Dear Members, In an attempt to better serve you and given that many persons are unclear on the procedure to properly refuse to work, the attached forms have been created for your use as necessary. The following guidelines should be followed: STEP ONE: Where the decision to refuse to work in accordance with section 15 of the Occupational Safety and Health (OSH) Act is taken, the employee(s) should report the circumstances to Principal (Plant Manager) and a representative of the safety and health committee, preferably in writing. This report should clearly identify the reasons underlying the refusal to work, and include all necessary particulars. (See Form A) NB: Members are advised to seek medical attention for any symptoms and/or concerns that may be related to the safety and health issues in question. STEP TWO: Where there is a safety and health committee, the Principal and Chair of that committee shall immediately convene the Committee to investigate the issue(s), in the presence of the employee and the Staff Representative (or an employee elected by the staff to represent them). Where it is agreed that the safety and health committee has remedied the issues and/or provided acceptable alternatives, employees are advised to return to work. STEP THREE: Where there is no safety and health committee or where the employee(s) disagree with the decision of the safety and health committee, the employee upon refusing to work shall report the circumstances of the intended refusal to the Principal and the Chief Inspector. (See Forms A and B) STEP FOUR: Forms A and B must be signed be each employee who refuses to work in the circumstances. Form A must be delivered to the Principal, and Form B to the OSH Agency, and the refusal to work, must also be reported to the Osh Agency’s hotline 623-6742. Copies of Forms A and B should be forwarded to the Association, for information. Page 1 of 2STEP FIVI Pending and during investigation, or pending the decision of the Inspectors, the employee(s) shall be in a safe place on the premises (where possible), and be available to assist, if necessary, in carrying out the investigation. NB. The employee who refuses to work under section 15, shall be treated as if at work, for the time extending from the refusal to work to the time the Chief Inspector has made his decision. s Xx: Upon completion of the investigation, every employee who has refused to work should receive a copy of the OSH report. Should the refusal to work be justified, the employee(s) may continue to refuse to work until the issues have been remedied, and the place of work is safe. Where the refusal 10 work is not justified, the employee(s) may continue to refuse to work and appeal to the Chief Inspector who must visit the site and carry out another inspection. STEP SEVEN: On receipt of the Chief Inspector’s report, employee(s) will abide by the decision or take it to the Industrial Court for judgement. However, where an employee continues to refuse to work, and awaits the Court’s decision, he will not be paid for this period. NB. If.at any time, the Principal informs the er (s) that the issues hi on rectified, th are to return to work, sign the register and do an inspection to determine whether the issues are rectified. If not, they may refuse to work again, observing the necessary protocol outlined above. (Mf Ts ROBERTSON-THOMAS SECOND VICE PRESIDENT CHAIRMAN INDUSTRIAL RELATIONS COMMITTEE Page 2 of 2Date: The Principal Dear Sir/Madam Re: Refusal to Work in Accordance with Part Ill, sections 15 - 21 of the Occupational Safety and Health Act, Chapter 88:08 at School \We the undersigned, refer to the above captioned for the following reasons: a. there is serious and imminent danger or unusual circumstances have arisen which are hazardous or injurious to my/our health or life; b. machine, plant, device or thing we use or operate is likely to endanger me/us or another employee; c. the physical condition of the workplace or the part thereof in which liwe work or is to work is likely to endanger me/us; d. machine, plant, device or thing I/we use or operate or the physical condition of the workplace or part thereof in which lve work or is to work is in contravention of this Act or the Regulations made under it and such contravention is likely to endanger me/us or another employee. Reasons and Particulars: (where necessary, please attach additional sheets of paper)We thank you for your kind and expeditious attention herein. Name: Name: Position: Position: Phone No: Phone No: Name: Name: Position: Position: Phone No: Phone No: Name: Name: Position: Position: Phone No: Phone No: Name: Name: Position: Position: Phone No: Phone No: Phone No: Phone No: Name: Name: Position: Position: Phone No: Phone No: Name: Name: Position: Position: Phone No: Phone No: cc The Permanent Secretary, Ministry of Education School Supervisor I/I/IIL (where necessary, please attach additional sheets of paper)The Chief Inspector The OSH Agency 50 — 54 Duke Street PORT-OF-SPAIN Date Dear Sir/Madam Re: Refusal to Work in Accordance with Part Ill, sections 15 - 21 of the Occupational Safety and Health Act, Chapter 88:08 at School \MWe the undersigned, refer to the above captioned. Given that there is no Safety and Health Committee/ We disagree with the decision of the Committee at the above-mentioned school, we hereby indicate our refusal to work as l/we believe that (please delete any inapplicable sub-section): a. there is serious and imminent danger or unusual circumstances have arisen which are hazardous or injurious to my/our health or life; b. machine, plant, device or thing Wwe use or operate is likely to endanger me/us or another employee; c. the physical condition of the workplace or the part thereof in which I/we work or is to work is likely to endanger me/us; d. machine, plant, device or thing we use or operate or the physical condition of the workplace or part thereof in which IWwe work or is to work is in contravention of this Act or the Regulations made under it and such contravention is likely to endanger me/us or another employee. Reasons and Particulars: (where necessary, please attach additional sheets of paper)We eagerly await your investigation of the issues herein, Please feel free to contact me/us at your earliest convenience. Ie thank you for your kind and expeditious attention herein Name: Name: Position: Position: Phone No: Phone No: Name: Name: Position: Position: Phone No: Phone No: Name: Name: Position: Position: Phone No: Phone No: Name: Name: Position: Position: Phone No: Phone No: Name: Name: Position: Position: Phone No: Phone No: Name: Name: Position: Position: Phone No: Phone No: (where necessary, please attach additional sheets of paper)