https://www.canlii.org/en/mb/laws/astat/sm-2002-c-33/latest/sm-2002-c-33.html?searchUrlHash=AAAAAQAkcmlnaHQgdG8gcmVmdXNlIHVuc2FmZSB3b3JrIG1hbml0b2JhAAAAAAE&resultIndex=19

1) Read the url link provided above and answer the following questions:

Question:

a. when can a worker refuse unsafe work

b. What test(s) must be met for work to be considered unsafe?

c. What must an employer do when a worker refuses unsafe work?

d. If a worker believes the work remains unsafe, what happens then?

e. What section of your jurisdiction's legislation prohibits retaliation against workers for exercising their OHS rights.

2) Apply this provision to answer the question posed in the following in the scenario, which take place in a fast-food restaurant.

Scenario: Arises and Occurs

Kelly is employed at the same restaurant as Sam. After Kelly's shift is over, Kelly changes from the restaurant uniform into her street clothes in the basement changing room. Kelly then ascends the stairs to exit the building and go home. While climbing the stairs, she slips on the greasy stair risers and falls.

As a result of the fall, Kelly's wrist is broken. Kelly reports the injury to the workers' compensation board. Her manager disputes that the injury is compensable. Specifically, the manager asserts that the injury did not arise and occur in the course of employment because Kelly's shift was over and injury occurred when she was on her way home.

Question:

a. Is Kelly's injury compensable? Why or why not?

b. Why might Kelly's manager resist Kelly's workers' compensation claim?