When can I refuse to work?

You can refuse to work if you have reason to believe that:

• any machine, equipment or tool that you are using or are told to use is likely to endanger yourself or another worker;

• the physical condition of the workplace or workstation is likely to endanger yourself;

• workplace violence is likely to endanger yourself; or

• any machine, equipment or tool that you are using, or the physical condition of the workplace, contravenes the Act or regulations and is likely to endanger yourself or another worker.

Your right to refuse unsafe work is protected in the Act (even if you had previously performed the work and did not refuse).

What are the steps to refusing unsafe work?

You must immediately tell the supervisor or employer that the work is being refused and explain the circumstances for the refusal.

The supervisor or employer must investigate the situation immediately, in the presence of you and one of the following:

• a joint health and safety committee member who represents workers. If possible, this should be a certified member, or

• another worker, who, because of knowledge, experience and training, has been chosen by the union to represent them.

• You must remain in a safe place that is as near as reasonably possible to your workstation, and remain available to the employer or supervisor for the purposes of the investigation, until the investigation is completed.

• Although not stated as such in the Act, this interval is informally known as the “first stage” of a work refusal. If the situation is resolved at this point, you will return to work.

What if I am not satisfied with the result of the first stage investigation?

You can continue to refuse the work if you have reasonable grounds for believing that the circumstances that caused you to initially refuse work continue. At this point, the “second stage” of a work refusal begins.

Can another worker be asked to do the work that was refused?

Yes, but only after the Ministry of Labour has been called.  While waiting for the inspector to investigate and give a decision on the refusal, the employer or supervisor can ask another worker to do the work that was refused. The second worker must be told that the work was refused and why. This must be done in the presence of a committee member who represents workers, or a health and safety representative, or a worker representative chosen because of knowledge, experience and training.

The second worker has the same right to refuse the work as the first worker.

Can an employer discipline me?

No. The employer is expressly prohibited from penalizing, dismissing, disciplining, suspending or threatening to do any of these things to you when you have obeyed or sought enforcement of the OHSA. 

Local 1006A members should immediately contact their Staff Representative if they are disciplined or threatened in any way for exercising their rights under the Occupational Health and Safety Act. The union will act immediately on complaints.