Does the Canadian Labor Code apply to flying?
#1
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Does the Canadian Labor Code apply to flying?
In this age of shrinking seats and expanding waistlines, not to mention taller people, would employees not be able to refuse to fly or require accommodation (read: PY or J) when required to fly? I had one employee suffer DVT and it's not nearly as lame as its portrayed to be. Incidentally she suffered this during a flight in PY.
Rights of Employees
The Canada Labour Code gives you the following rights:
Right to Know
You have the right to be informed of known or foreseeable hazards in the workplace and to be provided with the information, instructions, training, and supervision necessary to protect your health and safety.
Rights of Employees
The Canada Labour Code gives you the following rights:
Right to Know
You have the right to be informed of known or foreseeable hazards in the workplace and to be provided with the information, instructions, training, and supervision necessary to protect your health and safety.
#2
Join Date: May 2015
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In this age of shrinking seats and expanding waistlines, not to mention taller people, would employees not be able to refuse to fly or require accommodation (read: PY or J) when required to fly? I had one employee suffer DVT and it's not nearly as lame as its portrayed to be. Incidentally she suffered this during a flight in PY.
Rights of Employees
The Canada Labour Code gives you the following rights:
Right to Know
You have the right to be informed of known or foreseeable hazards in the workplace and to be provided with the information, instructions, training, and supervision necessary to protect your health and safety.
Rights of Employees
The Canada Labour Code gives you the following rights:
Right to Know
You have the right to be informed of known or foreseeable hazards in the workplace and to be provided with the information, instructions, training, and supervision necessary to protect your health and safety.
The "Canada Labour Code" applied to a very small number of employers. Most employers in Canada are actually under the provincial rules.
#3




Join Date: Feb 2011
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Yep, given that most industries are under provincial regulation, typically the Federal labour code isn't applicable except for specific industries (such as working for an airline). On the assumption OP's industry is provincially regulated, you'd have to look at that province's OHS agency. For example in BC it's WorkSafeBC.
In Worksafe's prevention manual the closest specific thing I could find that relates to travel/seats is transportation of workers in Part 17 of OHS Regulation. Meeting the regulations isn't that hard given that the requirement is 16 inch wide seating and, what I read as, 26 inch pitch.
That said, a more relevant section would be Part 2 which covers undue risk to a worker from hazardous activity not covered by a specific section of regulation. Undue risk means a greater than normal probability continued exposure to the work, or working conditions, will result in an injury or adverse health effect.
I don't think it'd be hard for someone that has a higher risk of DVT to get a doctor's opinion they're in undue risk by flying in cramped seating. But that'd just open a whole new can of worms. The employer has to find someone else to do the traveling; change job descriptions; and alter the interview question(s) around employee travel "are you willing and able to travel (in a flying metal tube going 500 mp/h packed in like sardines because we only pay for Y)."
In Worksafe's prevention manual the closest specific thing I could find that relates to travel/seats is transportation of workers in Part 17 of OHS Regulation. Meeting the regulations isn't that hard given that the requirement is 16 inch wide seating and, what I read as, 26 inch pitch.
That said, a more relevant section would be Part 2 which covers undue risk to a worker from hazardous activity not covered by a specific section of regulation. Undue risk means a greater than normal probability continued exposure to the work, or working conditions, will result in an injury or adverse health effect.
I don't think it'd be hard for someone that has a higher risk of DVT to get a doctor's opinion they're in undue risk by flying in cramped seating. But that'd just open a whole new can of worms. The employer has to find someone else to do the traveling; change job descriptions; and alter the interview question(s) around employee travel "are you willing and able to travel (in a flying metal tube going 500 mp/h packed in like sardines because we only pay for Y)."
#4
Join Date: Jul 2015
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Now flying Y - which tens of thousands of people pay to do for both work and leisure - is a work hazard and your employer should pay for J???
She developed a dvt, which incidently also has a genetic factor. While travelling can increase the risk (as can sitting at your desk for hours), a walk up and down the aisle once an hour, seat stretches, or wearing compression stockings can significantly reduce that risk.
Come to think of it.... I'm still sitting for long flights in J, maybe I should demand a private jet so I don't suffer undue health hazards between take off and landing.
#5
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Is this a joke?
Now flying Y - which tens of thousands of people pay to do for both work and leisure - is a work hazard and your employer should pay for J???
She developed a dvt, which incidently also has a genetic factor. While travelling can increase the risk (as can sitting at your desk for hours), a walk up and down the aisle once an hour, seat stretches, or wearing compression stockings can significantly reduce that risk.
Come to think of it.... I'm still sitting for long flights in J, maybe I should demand a private jet so I don't suffer undue health hazards between take off and landing.
Now flying Y - which tens of thousands of people pay to do for both work and leisure - is a work hazard and your employer should pay for J???
She developed a dvt, which incidently also has a genetic factor. While travelling can increase the risk (as can sitting at your desk for hours), a walk up and down the aisle once an hour, seat stretches, or wearing compression stockings can significantly reduce that risk.
Come to think of it.... I'm still sitting for long flights in J, maybe I should demand a private jet so I don't suffer undue health hazards between take off and landing.
I think that reducing seat sizes in an era of growing body masses is a health hazard. I don't want to be sued, to be sure. So I am throwing this out there. Certainly the plane manufacturers don't recommend the tightening seats.
If one is 5'2" 110 lbs then the seats are perfect. But how does that apply to a 6'5" 260lbs traveller? Personally i spent 7 hours as a pretzel on ANA recently and I can tell you if I had a boss he or she would not be putting me in such a situation again. As it is, this was a self imposed attempt at misplaced frugality.
#6




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Most private jets aren't lie-flat anyway, so you'd really need one of the 747s from the Dubai Royal Flight...
#7


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No joke. By the way I realize there are Federal and Provincial regulations. My question applies to all.
I think that reducing seat sizes in an era of growing body masses is a health hazard. I don't want to be sued, to be sure. So I am throwing this out there. Certainly the plane manufacturers don't recommend the tightening seats.
If one is 5'2" 110 lbs then the seats are perfect. But how does that apply to a 6'5" 260lbs traveller? Personally i spent 7 hours as a pretzel on ANA recently and I can tell you if I had a boss he or she would not be putting me in such a situation again. As it is, this was a self imposed attempt at misplaced frugality.
I think that reducing seat sizes in an era of growing body masses is a health hazard. I don't want to be sued, to be sure. So I am throwing this out there. Certainly the plane manufacturers don't recommend the tightening seats.
If one is 5'2" 110 lbs then the seats are perfect. But how does that apply to a 6'5" 260lbs traveller? Personally i spent 7 hours as a pretzel on ANA recently and I can tell you if I had a boss he or she would not be putting me in such a situation again. As it is, this was a self imposed attempt at misplaced frugality.
#8
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This is a very interesting discussion. So I have a bad back, if I went to my physician to get a note which stipulated that I fly in J, can my employer then go around and say..."ok fine, you're grounded. Here's another job you can do for us".
Is this a possibility?
Is this a possibility?
#9
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No joke. By the way I realize there are Federal and Provincial regulations. My question applies to all.
I think that reducing seat sizes in an era of growing body masses is a health hazard. I don't want to be sued, to be sure. So I am throwing this out there. Certainly the plane manufacturers don't recommend the tightening seats.
If one is 5'2" 110 lbs then the seats are perfect. But how does that apply to a 6'5" 260lbs traveller? Personally i spent 7 hours as a pretzel on ANA recently and I can tell you if I had a boss he or she would not be putting me in such a situation again. As it is, this was a self imposed attempt at misplaced frugality.
I think that reducing seat sizes in an era of growing body masses is a health hazard. I don't want to be sued, to be sure. So I am throwing this out there. Certainly the plane manufacturers don't recommend the tightening seats.
If one is 5'2" 110 lbs then the seats are perfect. But how does that apply to a 6'5" 260lbs traveller? Personally i spent 7 hours as a pretzel on ANA recently and I can tell you if I had a boss he or she would not be putting me in such a situation again. As it is, this was a self imposed attempt at misplaced frugality.
#10


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This is a very interesting discussion. So I have a bad back, if I went to my physician to get a note which stipulated that I fly in J, can my employer then go around and say..."ok fine, you're grounded. Here's another job you can do for us".
Is this a possibility?
Is this a possibility?
#11
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#12



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Not necessary. Constructive dismissal involves significant changes in compensation or working conditions. If the employee is given a new or modified position that is travel free and involves no change in salary and a similar level of responsibility there is no constructive dismissal.
#13
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If someone had a health reason why they can not travel anyone has an employer change their job duties to accommodate the situation that is not constructive dismissal.
If someone had a health reason why they can not travel anyone and the employer forces them to travel and they end up quitting as a result that sounds more like constructive dismissal.
#14
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It is the exact opposite. Constructive dismissal is when you create a hostile work environment that forces someone to quit.
If someone had a health reason why they can not travel anyone has an employer change their job duties to accommodate the situation that is not constructive dismissal.
If someone had a health reason why they can not travel anyone and the employer forces them to travel and they end up quitting as a result that sounds more like constructive dismissal.
If someone had a health reason why they can not travel anyone has an employer change their job duties to accommodate the situation that is not constructive dismissal.
If someone had a health reason why they can not travel anyone and the employer forces them to travel and they end up quitting as a result that sounds more like constructive dismissal.


