Unsafe Work and Workers Rights

Right to Refuse Unsafe Work

According to Section 43 of Ontario’s Health and Safety Act (the Act), workers can refuse work they have reason to believe is likely to endanger their immediate or long-term health or that of another worker. In this initial phase of a work refusal, reason to believe is an honest, personal feeling by the refusing worker. Some workers, including police officers, firefighters, teachers and health care workers have restrictions on their right to refuse.

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Reporting a refusal

The refusing worker immediately notifies their supervisor they are refusing unsafe work according to Section 43 of the Act.

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Investigating a refusal

The supervisor must investigate the situation immediately in the presence of the worker and a worker representative. During the investigation the refusing worker cannot be reassigned other work. If resolved, the worker returns to work.

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Reasonable ground for continued refusal

If the worker feels she/he has reasonable grounds to refuse, a Ministry of Labour inspector must be notified.

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Ministry of Labour inspector involvement

The inspector investigates in consultation with the worker, supervisor and representative. The inspector provides a written decision to the worker, employer and worker representative. This decision will either order remedial action or deem the work to be safe. Pending investigation and decision, the worker can be assigned reasonable alternative work. No other worker can be assigned the work unless, in the presence of a worker representative, they are informed of the refusal and the specific reasons.

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Appealing MOL inspector orders

The worker, worker representative or the employer can appeal the inspector’s order(s) or decision not to issue an order to the Ontario Labour Relations Board within 30 days (the Act, Section 61).

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No reprisals

It is against the law for a worker to be punished for refusing work they believe to be unsafe (the Act, Section 50).