http://web2.gov.mb.ca/laws/regs/current/_pdf-regs.php?reg=217/2006

https://www.safemanitoba.com/Page%20Related%20Documents/resources/3664_swm_safety_health_guide_for_small_business_web.pdf

https://www.safemanitoba.com/Page%20Related%20Documents/resources/GD_SettingUpWorkplaceSafetyHealthCommittee_19SWMB.pdf

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

Scenario 1: Work Refusal

Sam is employed as a cook at a fast-food restaurant that has two levels. The ground floor includes the kitchen and eating areas. Additional foodstuffs are stored in the basement. The basement is accessed via a set of stairs in the back of the kitchen.

Sam is required to retrieve more frozen french fries and other menu items that are cooked in the floor of the kitchen area and stairwell to be basement slippery, despite repeated cleanings of the non-skid surface.

At the start of Sam's shift on Tuesday, Sam descends the stairs to fetch additional food, slips on the greasy floor, and almost falls down the stairs. Sam approaches the manager and indicates that the stairs are unsafe. Sam refuses to descend the stairs until they are made safe.

Question:

a) What is Sam's manager required to do after Sam's refuses unsafe work?

Sam's manager sends Sam home for the day without pay and immediately directs another employee to fetch the additional foodstuffs.

b) Has Sam's manager complied with Manitoba jurisdiction's legislation? Why or why not?

When Sam returns to the workplace the next day, the stairs remain slippery and unsafe.

c) What are three ways Sam could handled handle this situation? What are the pros and cons of each option?

Scenario 2: 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?