Occupational Health and Safety: Refusing Unsafe Work

What Are My Rights?

Workers have the right to safe work and should never experience harassment, violence or any other unsafe working condition on the job. Unfortunately, such experiences are far too common for many employees. Often, the first step in reporting an unsafe working condition is to discuss your concerns with your supervisor, or to consult your health and safety representative. If this does not result in a satisfactory response, Ontario workers can file a complaint with the Ministry of Labour. A similar legislative framework exists for federal employees.

Can I Refuse Unsafe Work?

Workers have the right to refuse unsafe work, provided they are reasonable in their assessment. There are some special exemptions to this rule, such as for teachers where to refuse work would place a student in danger.

What Happens if I Refuse Unsafe Work?

If a worker refuses to perform work that he or she reasonably believes is unsafe, the employer or supervisor must investigate the situation in the presence of the worker and the worker safety representative. The employer will then determine whether or not the work is unsafe, and if so, whether they can offer a solution to make the work safe for the worker to perform.

If the worker is unsatisfied with the outcome of this investigation, he or she may continue to refuse the unsafe work and call the Ministry of Labour to request an investigation.

While the Ministry of Labour investigation is pending, the employer may offer the worker other tasks. The employer may also offer the refused work to another worker, but the employer must disclose that the work is the subject of a work refusal. If the investigator determines that the work is safe, the employer may order the refusing worker to resume the work.

Why You Should Contact Us

Employers cannot discipline workers for raising reasonable complaints under the Occupational Health and Safety Act. If they do, this is called a reprisal, and it is expressly prohibited by the Act. If you feel you have been punished for raising health and safety issues, or if you need assistance navigating a health and safety complaint, please contact us for further information.