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Employee's refusal to take safety training
Question: How seriously should an employer treat an employee's refusal to take safety training? If the employee is well aware that it is a requirement, are additional warnings necessary or can the employer move to dismissal?
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Answer: Employers have a general duty under occupational health and safety legislation to maintain a safe workplace, which includes an obligation to provide employees with proper safety training. Employers must ensure that work is done by competent employees who have the knowledge and training to perform their duties, and employers should not permit employees to engage in activities for which they are not properly trained.
Employees, therefore, have a corresponding duty to follow employer procedures regarding workplace safety, including participating in safety training that is relevant to the workplace and the employee's duties. If an employee refuses to complete required safety training, this may constitute insubordination, which can be treated as a disciplinable offence that can result in termination.
To determine the appropriate level of discipline for an employee who refuses to participate in safety training, it is important to consider the individual circumstances of the situation at hand. Depending on the seriousness of the situation, the employer may move straight to...