Refusal to work
The Act states the following:
56. (1):  A worker may refuse to work or do particular work where he has reasonable justification to believe that:
(a) Any equipment, machine, device or article the worker is to use or operate presents an imminent and serious danger to the life or health of himself, or another worker; or (b) the physical condition of the workplace or the part thereof in which he works or is to work presents an imminent and serious danger to his life or health.
56. (2):  The provisions in this section shall not apply to a worker:
(a) Who belongs to any of the categories of persons specified for such purpose in an order of the Minister, and

(b) when that worker’s refusal to work would directly endanger the life, safety or health of another person.
56. (3):   The categories of persons to which Subsection 2(a) refers may be:
(a) A person employed in, or a member of, the police force or the fire service;

(b) a person employed in the operation of a correctional institution or facility; or

(c) a person employed in the operation of:
(i)   A hospital, sanatorium, nursing home, home for the aged, psychiatric institution, mental health or mental retardation centre or a rehabilitation facility;   
(ii)  an ambulance service or a first aid clinic or station;
(iii) a laundry, food service, power plant or technical service or facility used in conjunction with an institution, facility or service described in paragraph (c) (i) and (ii);
(d) a person who is employed in any of the services mentioned in the Schedule to the Public Utility [Cap. 54:01] Undertakings and Public Health Services Arbitration Act, but who is not specified in Subsection 3 (a) to (c) inclusive.
56. (4):  Upon refusing to work or do particular work, the worker shall forthwith report the circumstances of the refusal to the worker’s employer or supervisor, who shall forthwith investigate the report in the presence of the worker and, if there is such, in the presence of one of:
(a) A committee member who represents workers, if any;

(b) a safety and health representative, if any; or

(c) a worker who because of knowledge, experience and training is selected by a trade union that represents the worker, or if there is no trade union, is selected by the workers to represent them,
who shall be made available and who shall attend without delay.
56. (5):  Until the investigation is completed, the worker shall remain in a safe place near his or her work station.

56. (6):  The worker who refuses to work under Subsection (1) shall be deemed to be at work and the worker’s employer shall pay him at the regular or premium rate, as may be proper, for the time extending from the time when the worker started to refuse to work, if any; who shall be under Subsection(1) to the time when the investigation mentioned in Subsection (5) is completed.

56. (7):  Where, following the investigation or any remedial action taken by the employer or supervisor to deal with the circumstances that caused the worker to refuse to work or do particular work, the worker has reasonable justification to believe that:
(a) The equipment; machine, device or article that was the cause of the refusal to work or do particular work continues to present an imminent and serious danger to the life or health of himself or another worker, or

(b) the physical condition of the workplace or the part thereof in which he worked continues to present an imminent and serious danger to the life or health of himself;
And the worker may refuse to work or do the particular work and the employer or the worker or a person on behalf of the employer or worker shall cause an inspector to be notified thereof.

56. (8):  An inspector shall investigate the refusal to work in the presence of the employer or a person representing the employer, the worker, and the person mentioned in Subsection (4) (a), (b) or (c), if any.

56. (9):  The inspector shall, following the investigation referred to Subsection (8), decide whether the machine, device, article or workplace or part thereof presents an imminent and serious danger to the life or health of the worker or another person.

56. (10):  The inspector shall, within two working days of notification to him under Subsection (7), give his decision, in writing, to the employer, the worker or the person mentioned in Subsection 4 (a), (b) or (c), if any.

56. (11):  Pending the investigation and decision of the inspector, employer, subject to the provisions of a collective agreement, if any, shall:
(a) Assign the worker reasonable alternative work during such hours, or

(b) subject to Section 58, where an assignment of reasonable alternative work is not practicable, give other directions to the worker.   
56. (12):  Pending the investigation and decision of the inspector, no worker shall be assigned to use or operate the equipment, machine, device, or article or to work in the workplace or in the part of the workplace under investigation as long as there is continuing imminent and serious danger to the life or health of any worker or person and until after the employer or supervisor has taken remedial action, if necessary, to deal with the circumstances that caused the worker to refuse to do particular work.

56. (13):  The workers who refused to work under Subsection (7) shall be deemed to be at work and the workers employer shall pay him at the regular or premium rate, as may be proper, from the time extending from the time when the worker started to refuse to work under Subsection (7) to the time when the inspector has given a decision under Subsection (9), provided that the inspector decides that the machine, device, or article or part thereof presents an imminent and serious danger to the life or health of the worker or another person.

56. (14):  A person mentioned in Subsection (4), (a), (b) or (c) shall be deemed to be at work and the person’s employer shall pay him at the regular or premium rate, as may be proper, for the time spent by the person carrying out the duties under Subsection (4) and (8).
Complaints regarding refusal to work
An employer, a worker at the workplace or a representative trade union that represents workers at the workplace may file a complaint with the Authority if he has reasonable grounds to believe that the worker, trade union or employer at the workplace acted recklessly or in bad faith with respect to the refusal to work under Section 56.

Under the Act, a complaint must be filed not later than seven days after the event to which the complaint relates.

Every complaint filed with the Authority shall be referred to the Commissioner for determination.

The Commissioner shall, within two working days of any reference to him under Subsection (3), make a decision respecting the complaint and may make such order as he considers appropriate in the circumstances.

No discipline, dismissal, etc. by employer
The Act stipulates that no employer or person acting on behalf of an employer shall:
(a) Dismiss or threaten to dismiss a worker;

(b) discipline or suspend or threaten to discipline or suspend a worker;

(c) impose any penalty upon a worker; or

(d) intimidate or coerce a worker, because the worker has acted in compliance with this Act or the regulations or an order made thereunder, or has sought the enforcement of this Act or the regulations or has observed the procedures established by the employer or has given evidence in a proceeding in respect of the enforcement of this Act or the regulations or in an inquest under Section 71 (Inquest in case of death by accident or occupational disease).
Where a worker complains that an employer or person acting on behalf of an employer has contravened Subsection (1), the worker may either have the matter dealt with by final and binding settlement, by arbitration under a collective agreement, if any, or file a complaint with the Authority.  Where a complaint is filed with the Authority, the Authority shall direct that the complaint be determined on its behalf by the Commissioner.

The Commissioner, directed under Subsection (2), shall inquire into any complaint filed under Subsection (2).

On an inquiry into a complaint filed under Subsection (2), the Commissioner shall, notwithstanding Section 21(2) (Appointment of Occupational Safety and Health Commissioner) give such directions and issue such orders as he considers proper or necessary concerning the procedures to be adopted or followed.

On an inquiry by the Commissioner into a complaint filed under Subsection (2), the burden of proof that an employer or person acting on behalf of an employer did not act contrary to Subsection (1) lies upon the employer or the person acting on behalf of the employer.
This brings us to the end of Part III of this presentation. Part IV will commence with what should apply in relation to HAZARDOUS CHEMICALS, PHYSICAL AGENTS, AND BIOLOGICAL AGENTS (Part VI of the OSH Act). 
*The writer is the former General Secretary of the Clerical & Commercial Workers’ Union (CCWU) and also a former President of the Federation of Independent Trade Unions of Guyana (FITUG) and a former Vice President of the Guyana Trades Union Congress (GTUC). He served the Caribbean Congress of Labour (CCL) as Research Officer 1983 – 1998.