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Pilots Can Refuse to Work

The Canada Labour Code (CLC), Part II, provides employees with three basic rights:

  • the right to know;
  • the right to participate; and
  • the right to refuse dangerous work.

The following definition is also contained in the CLC, Part II:

"danger" means any existing or potential hazard or condition or any current or future activity that could reasonably be expected to cause injury or illness to a person exposed to it before the hazard or condition can be corrected, or the activity altered, whether or not the injury or illness occurs immediately after the exposure substance that is likely to result in a chronic illness, in disease or in damage to the reproductive system.

For pilots, refusals to work in dangerous, or potentially dangerous, situations could occur under a variety of different scenarios, some of which would be:

  • security issues on board aircraft
  • concerns about improperly packaged, loaded or secured cargo
  • pressures to complete flight on schedule
  • deteriorating weather conditions

While not meant to be an exhaustive list, the above are all possible situations that could result in a pilot having reasonable cause to believe that taking-off or continuing a flight constitutes a danger, or a potential danger, to themselves or others. Should a pilot believe an operation is dangerous, for whatever reason, he or she would be acting within his or her legal right to refuse to work.

Once a pilot has indicated he or she is refusing to work, as per subsection 128.(1) of the CLC, Part II, both the pilot and the employer have specific roles and responsibilities that have been established to assist them in working together to help resolve the situation. Subsections 128.(1) through 129.(7) of the CLC, Part II, identifies these employee and employer roles and responsibilities, as well as the role and responsibility of the Transport Canada Civil Aviation Safety Inspector - Occupational Health and Safety (CASI OH&S).

Section 147 of the CLC, Part II, states that no employer shall take, or threaten to take, any disciplinary action against an employee who has acted in accordance with Part II, or has sought the enforcement of any of the provisions of Part II. Employers should therefore assure their pilots that refusing to work in dangerous, or potentially dangerous, situations will not, in and of itself, result in disciplinary action.

Pilots should however keep in mind that section 147.1 provides that after all the investigations and appeals have been exhausted by the employee who exercised their rights to refuse dangerous work, the employer may take disciplinary action if they can demonstrate the pilot willfully abused those rights.

Since pilots are often the sole company representative on a work site, beyond any legal requirements contained in the CLC, Part II, good Safety Management principals dictate that employers ensure their pilots are aware of their right to refuse dangerous assignments requested by clients.

One of the ways pilot knowledge can be increased in this area is by encouraging them to take an active role in the company's Work Place Health and Safety Committee. By being involved in this committee, the pilots will become knowledgeable about all the employee / employer rights and responsibilities contained in the CLC, Part II.

In operations that are not required to have a Work Place Health and Safety Committee (i.e. fewer than twenty employees), the company Health and Safety Representative should make a special effort to inform pilots that refusing to carry out dangerous assignments is a legal right, fully supported by the company.

Above all other considerations, the pilot's final decision to proceed with take-off must always be based on "safety first".

For an automated link to the above Canada Labour Code, Part II, references, as well as to the contact list to reach a CASI-OH&S, you are invited to visit the Transport Canada, Aviation Occupational Health and Safety website at:  http://www.tc.gc.ca/eng/civilaviation/standards/commerce-ohs-menu-2059.htm

The above article, which was written by Murray St. Louis, Civil Aviation Safety Inspector - OH&S, Headquarters, was originally published in the summer of 2002 in the Transport Canada (TC) Aviation Safety Letter #3/2002, the Helicopter Association of Canada (HAC) and the Association Québecoise des Transporteurs Aériens (AQTA) Newsletters, and posted on the Air Transport Association of Canada (ATAC) members only website. In the summer of 2004, it was posted on the TC AOH&S website.

Date modified:
2011-04-13