Introduction
Travelling for work can range: it can be exciting, tiring, fun, or dreary. It can be a great opportunity or an inconvenient obstacle. How one perceives work travel will be based on the destination, the duration, the nature of the trip, the accommodation, and of course, their own personal factors.
The same can be said of the potential risks one could face from travelling for work, particularly when the destination itself comes with certain dangers. There are always general risks, which are those that would apply to any individual. These include disease, political or military violence, natural disasters, and infrastructural problems. No matter what the danger, every Canadian employer has a duty to protect its employees from unsafe work, and that duty does not end at the Canadian borders.
And when those risks cross the line? You may have the right to refuse.
Quick Summary
Employees in Ontario can refuse to travel for work if they have reasonable grounds to believe the travel would be unsafe. Under occupational health and safety laws, employers have a duty to protect workers from hazards, even when work takes place outside Canada. This includes assessing travel risks, implementing safety measures, and clearly communicating them. Employees are legally protected from retaliation if they refuse unsafe work, and safety assessments must consider individual circumstances such as health conditions or personal risk factors.
Do workplace safety laws apply to work travel?
Yes, an employer’s duty to provide a safe workplace extends beyond the office, including work-related travel, whether within Canada or internationally.
When employees travel for work, employers are required to:
- Properly assess any dangers
- Formulate plans and procedures to deal with them
- Clearly communicate both to the employee.
Your right to refuse unsafe work
Every employee has the statutory right to refuse any unsafe work. While this is often a matter that arises in the main workplace, such as equipment problems, poor training, or harassment, the same is true when the employee is travelling for work.
The employee needs to have reasonable grounds to assert that work is unsafe for them to perform, but this is judged on the individual circumstances.
For example, an employee may refuse to operate a piece of equipment that is functionally perfectly because they lack the necessary skills to do so safely.
In short, this right applies when:
- There are credible risks (e.g., disease, political instability, violence)
- The employer has not adequately addressed those risks
- The employee reasonably believes their health or safety is at risk
The employer is prohibited from taking any retaliatory action against an employee for refusing to perform unsafe work.
What counts as “unsafe” travel?
The employee can refuse to travel if they assess that they are being placed in too much peril.
General risks include:
- Infectious diseases
- Political or military conflict
- Natural disasters
- Infrastructure instability
The legal test also considers an employee’s individual characteristics which may affect the danger they may face when travelling.
For example, a destination may carry a high risk of certain diseases that would affect an immunocompromised employee much worse than others.
Personal risk factors employers must consider
Employers must go beyond the generic travel advisories and account for who the employee is, and not just where they are going.
Certain individuals may be at a higher risk of legal peril when travelling.
Employers must recognize increased risk for:
- Racialized and non-white employees who may face a higher risk of racial profiling and even interactions with law enforcement.
- LGBTQ+ individuals who may justifiably be apprehensive about traveling to one of the 63 countries where homosexuality is criminalized.
- Transgender individuals who may decide that it is too risky to travel to the United States, which criminalizes traveling with a passport indicating a transitioned gender or an “X” gender identifier.
What employers cannot do if you refuse work travel?
If you refuse unsafe work travel, your employer cannot:
- Discipline or terminate you
- Pressure or intimidate you into going
- Ignore or dismiss your safety concerns
- Retaliate in subtle or indirect ways
Any of these actions may expose the employer to legal liability.
Frequently asked questions
Can I refuse to travel for work if I feel unsafe in Ontario?
Yes. Employees can refuse work travel if they have reasonable grounds to believe it poses a safety risk. Employers cannot retaliate for exercising this right.
Do employers have to assess travel risks for employees?
Yes. Employers are legally required to evaluate potential dangers, implement safety measures, and communicate risks before requiring work travel.
Can I be fired for refusing unsafe work travel?
No. Termination or discipline for refusing unsafe work may violate occupational health and safety laws.
What if the travel is safe for others but not for me?
That matters. Safety assessments must consider individual circumstances, including health conditions and personal risk factors.
Do workplace safety laws apply outside of Canada?
Yes. Employers’ obligations to protect workers extend to international travel when it is work-related.
How can Whitten and Lublin help?
Work travel should never come at the cost of your safety.
If your employer is asking you to take on risks that haven’t been properly addressed, or worse, ignoring the risks altogether, you don’t have to go along with it.
At Whitten & Lublin, we advocate for employees facing unsafe working conditions, wherever the work takes you.
If you’re being pressured to travel despite legitimate safety concerns, take control of the situation.
Contact us online or call (416) 640-2667 to protect your rights.
