When it comes to workplace safety in Ontario, one key right that every worker should know about is the right to refuse unsafe work. This right is part of the Occupational Health and Safety Act (OHSA), which outlines the process for workers, supervisors, and employers to work together to address potential hazards.
A Proactive Approach: Working Together to Solve Safety Issues
The workplace is a shared space, and safety is everyone’s responsibility. That’s why the first step in refusing unsafe work isn’t a “refusal” at all—it’s about open communication. If you encounter a task or situation that you believe is unsafe, your first move should be to talk to your supervisor.
Most safety concerns can be resolved quickly at this stage. Supervisors want to keep you safe just as much as you want to stay safe, and together, you may be able to find a solution right away. Maybe additional protective equipment is needed, or perhaps a small adjustment to the task could remove the hazard.
But sometimes, despite these discussions, you might feel that the work still isn’t safe. That’s when the formal process begins.
The Right to Refuse Unsafe Work: The Formal Process
If you’ve spoken to your supervisor but the issue hasn’t been resolved, you have the legal right under OHSA to refuse to perform the work. Here’s how the process works, step-by-step:
1. Step One: Refusal and Immediate Reporting
If you believe your work presents a danger, you can refuse to do it. Immediately notify your supervisor (or employer) about the refusal and explain why you believe the work is unsafe.
At this stage, the supervisor or employer is required to promptly conduct an investigation. Throughout this inquiry, you (the worker) will have the presence of a worker health and safety representative (or a member of the joint health and safety committee, or another worker designated by your union if applicable).
The objective is to evaluate the situation and seek a resolution. Once the problem is fixed, you can resume work with the assurance that the danger has been dealt with.
2. Step Two: Continued Refusal and External Inspection
If, after the supervisor’s investigation, you still believe the work is unsafe, you can continue to refuse. At this point, the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) must be called in to conduct an official investigation.
While waiting for the Ministry inspector to arrive, you may be given other safe tasks. You should not be sent home or punished in any way for refusing unsafe work—that’s your right.
The Ministry inspector will then investigate to assess the situation. They will listen to both sides, look at the work conditions, and determine whether the work is truly unsafe under OHSA standards.
3. Step Three: Decision and Resolution
Once the Ministry inspector completes their investigation, they will decide. This decision will either:
Find that the work is unsafe and support the worker's refusal. In this case, the employer must fix the hazard before any further work can be done.
Allow the work to proceed by determining that the work does not pose a danger.
Regardless of the outcome, the inspector’s final decision must be respected.
What Happens Next?
If the inspector finds that the work was unsafe, the employer is legally required to fix the issue. Once it’s resolved, workers can safely return to their duties. On the other hand, if the inspector rules that the work is safe, the worker must return to work or risk consequences for not following instructions.
Important Protections for Workers
Ontario law protects workers from retaliation when they refuse unsafe work. Your employer cannot penalize, fire, or discipline you for exercising this right. This protection ensures that you can make safety a priority without fear of losing your job.
If you experience any negative consequences because you refused unsafe work, you have the right to file a complaint with the Ministry of Labour.
Keep in Mind: Safety First
While the right to refuse unsafe work is important, it’s not just about saying “no” to danger—it’s about saying “yes” to safety. By working together with your supervisors, employers, and health and safety representatives, most issues can be resolved before they reach the formal refusal stage.
When Can You Refuse Unsafe Work?
According to OHSA, you can refuse work if:
You believe the workplace's equipment, machinery, or physical condition poses a danger to you or another worker.
You feel the assigned task puts you at risk of injury or illness.
You think workplace procedures, like lifting or handling materials, may lead to an accident or injury.
Some exceptions exist for workers in specific roles where refusing work could endanger public safety (for example, in law enforcement, firefighting, or healthcare). But even in those cases, alternative safety measures can often be discussed.
Conclusion: Make Safety a Priority
In Ontario, the right to refuse unsafe work is a fundamental part of keeping workplaces safe and healthy. It’s designed to protect workers while also encouraging dialogue between supervisors and employers. Knowing your rights and working together can create a safer, healthier work environment for everyone.
Remember: Safety isn’t a job you do alone—it’s a team effort. Keep the conversation going, and don’t hesitate to exercise your right if you believe your safety is at risk.
Stay safe out there!
By following these steps and understanding the formal process under the Ontario Occupational Health and Safety Act, you’ll be better prepared to handle unsafe work situations. Whether you’re a worker, supervisor, or employer, making safety a priority benefits everyone.
We can help!
Employers must have a procedure to address the right to refuse unsafe work in their workplace - Supervisors, the Joint Health & Safety Committee and Workers all need to understand the process to follow. We can help. Please get in touch with us if you need assistance writing, reviewing, or implementing your procedure. Safety.inc - Protect, Prevent, & Comply
References
Ontario Occupational Health and Safety Act (OHSA) – The official text of the OHSA, which outlines workers' rights, responsibilities, and safety regulations.
Right to Refuse Unsafe Work - Ministry of Labour, Immigration, Training and Skills Development (MLITSD) – A detailed guide that explains the process and rights around refusing unsafe work.
Work Refusals - Government of Ontario – A government resource explaining the steps of a work refusal, with additional links to the broader context of workplace safety.
Health and Safety Representative and Joint Health and Safety Committees – Information about health and safety representatives and their role in work refusal situations.
These links will guide you to the relevant sections of Ontario’s regulations and provide further details about your right to refuse unsafe work.
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