Work Refusals: Prison Guards’ Powerful Rifles Justify Work Refusal of Nearby Worker

Management of a maximum security prison replaced guards’ 9 mm rifles with more powerful Colt 556 rifles (C‑8). An agent working on the same floor as guards equipped with the new C-8s claimed he was in danger and began a work refusal. While acknowledging the possibility that the agent could be hit, the OHS investigator concluded that the risk was remote and tossed the refusal. After hearing extensive witness testimony, the federal OHS tribunal reversed the no-danger ruling citing the seriousness of the hazard and the fact that the glazed glass partitions weren’t strong enough to stop a C-8 bullet [Lachapelle v. Correctional Service Canada, No. 2018-22, August 5, 2022].