Your Right to Refuse Unsafe Work in Ontario

The Right to Refuse Unsafe Work in Ontario

One of the most powerful rights granted to Ontario workers under the Occupational Health and Safety Act (OHSA) is the right to refuse work that the worker believes is likely to endanger themselves or another worker. This right cannot be waived or contractually limited — it exists regardless of what your employment contract says.

When Can You Refuse?

A worker in Ontario can refuse to perform work if they believe that:

• The machine, equipment, or thing they are to use is likely to endanger themselves or another worker
• The physical condition of the workplace or part of the workplace in which they work is likely to endanger themselves
• Workplace violence is likely to endanger themselves
• Any equipment, machine, device, or thing in the workplace that is to be used or operated by them is in contravention of the OHSA or its regulations

The Work Refusal Process

1. Report to supervisor: The worker promptly tells the supervisor or employer that they are refusing to perform the work and explains the reasons for the refusal.
2. Initial investigation: The supervisor investigates in the presence of the worker and a worker representative (or other worker). The supervisor may direct the worker to return to work if they believe the situation is safe.
3. Second-stage refusal: If the worker still believes the work is unsafe after the initial investigation, they notify the employer or supervisor, who must immediately call a Ministry of Labour inspector.
4. Inspector investigation: An inspector investigates and makes a decision. The worker may be assigned reasonable alternative work pending the investigation.

Protection Against Reprisal

Employers are prohibited from taking any reprisal against a worker for exercising their right to refuse unsafe work in good faith. Reprisals include dismissal, discipline, suspension, intimidation, coercion, or any threat thereof. If you are disciplined for exercising your right to refuse, you can file a complaint with the Ministry of Labour.

Exceptions

The right to refuse unsafe work does not apply in limited circumstances where the danger is a normal condition of the work (e.g., firefighters, police officers, certain healthcare workers), or if the refusal would directly endanger the life, health, or safety of another person.