The Right to Refuse Unsafe Work
Source: BrantHR Staff
The Occupational Health and Safety Act gives a worker the right to refuse work that he or she believes is unsafe. The Act sets out a specific procedure that must be followed in a work refusal. It is important that all staff understand this procedure. A worker can refuse to work if he or she has reason to believe that one or more of the following is true:
- Any machine, equipment or tool that the worker is using or is told to use is likely to endanger himself or herself or another worker [section 43(3)(a)].
- The physical condition of the workplace or workstation is likely to endanger the worker [section 43(3)(b)].
Any machine, equipment or tool that the worker is using, or the physical condition of the workplace, contravenes the Act or regulations and is likely to endanger himself or herself or another worker [section 43(3)(c)].
What happens when a worker refuses unsafe work?
The worker must immediately tell the supervisor or employer that the work is being refused and explain why [section 43(4)]. The supervisor or employer must investigate the situation immediately, in the presence of the worker and one of the following:
- a Joint Health and Safety Committee member who represents workers. If possible, this should be a certified member; or
- a health and safety representative, in workplaces where there is no joint committee; or
- another worker, who, because of knowledge, experience and training, has been chosen by the workers to represent them.
The refusing worker must remain in a safe place near the workstation until the investigation is completed [section 43(5)]. This is known as the "first stage" of a work refusal. If the situation is resolved at this point, the worker will return to work. If the worker still has reasonable grounds to believe that the work is unsafe, a Ministry of Labour inspector is called in and the worker may now be assigned to other tasks while there is an investigation. The MOL inspector will conduct the investigation and, in consultation with the worker, supervisor and the worker representative, will make a written decision. If the situation is likely to cause harm to a worker, corrective action is taken. If the situation is not likely to harm a worker, the work refusal ends and the worker returns to the task.
- Diagram of the Work Refusal Process (PDF Document)
Contact the local Ministry of Labour Office:
Hamilton/Halton/Brant
Ellen Fairclough Building
119 King Street West
Hamilton ON L8P 4Y7
Tel: 905-577-6221 or 1-800-263-6906
Fax: 905-577-1200