If you are wondering “Can I refuse unsafe work in Ontario”, the answer is generally yes. Under Ontario’s Occupational Health and Safety Act (OHSA), employees have the right to refuse unsafe work and to the right to refuse to work in an unsafe work environment. When an employee reasonably believes that a task, workplace condition or piece of equipment could endanger their health or safety, they have the right to refuse to work in those conditions.
Understanding your employee rights under the OHSA is essential if your are facing an unsafe work environment. Ontario employers have a legal obligation to provide a safe workplace and cannot discipline, punish or terminate you in any way if you exercise your statutory right to refuse unsafe work.
This guide explains when you can legally refuse unsafe work in Ontario, the steps you must follow under the OHSA, whether you can be fired for refusing unsafe work, and what options you may have if your employer retaliates against you for raising workplace safety concerns.
TL;DR:
Employees in Ontario have a legal right under the Occupational Health and Safety Act (OHSA) to refuse work they reasonably believe is unsafe. Employers cannot discipline, terminate, suspend, intimidate, or otherwise penalize workers for exercising this right. If you are punished for refusing unsafe work, you may have legal remedies available.
Do I have the right to refuse unsafe work?
Yes. According to Section 43(3) of Ontario’s Health and Saftey Act (OHSA), employees have a right to refuse unsafew ork when they believe that any equipment, workplace condition or contravention of the OHSA is likely to endanger them or another person’s health and safety.
This right applies when:
- Workplace conditions are unsafe.
- Equipment or machinery is dangerous or defective.
- Safety procedures are not being followed.
- There is a violation of the OHSA or related workplace safety regulations.
- A workplace hazard could cause injury or illness.
Workers should not be forced to choose between their safety and their employment.
- Workplace conditions are unsafe.
- Equipment or machinery is dangerous or defective.
- Safety procedures are not being followed.
- There is a violation of the OHSA or related workplace safety regulations.
- A workplace hazard could cause injury or illness.
Workers should not be forced to choose between their safety and their employment.
Can you refuse to go to work if the environment is unsafe?
In many situations, yes.
If your workplace presents a genuine health or safety risk, Ontario law may allow you to refuse work until the hazard is investigated and addressed.
Examples may include:
- Exposure to dangerous chemicals
- Unsafe machinery or equipment
- Workplace violence threats
- Serious safety violations
- Hazardous construction conditions
- Lack of required protective equipment
However, workers should follow the OHSA work refusal process rather than simply leaving the workplace without notice. Properly reporting the safety concern helps ensure your rights are protected.
How to refuse unsafe work in Ontario?
Step 1: Report the safety concerns
Notify your supervisor or employer about the circumstances for refusing to work.
The supervisor or employer must investigate the situation:
- The worked who reporter the concern
- The worker-selected member from the joint health and safety committee, or a union representative.
Step 2: Continue the refusal if the issue remains
If, following this investigation, you believe the unsafe condition still exists, you may refuse to work.
Either you or your employer must notify a government inspector at the Ministry of Labour.
Step 3: Ministry of Labour investigation
The inspector must investigate in consultation with:
- The worker
- The employer
- The worker-selected member of the joint health and safety committee, or a union representative.
The inspector’s decision must be provided in writing to all those involved in the investigation.
Step 4: Remain available during the investigation
You are required to remain in a safe place near your workstation until the investigation is completed. During this time, you may be assigned other reasonable alternative work or directions by your employer.
Can you get fired for refusing to do something unsafe?
Generally, no. Your employer cannot retaliate against you for refusing unsafe work.
Section 50 of the OHSA prohibits an employer from imposing any negative employment consequences on a worker that has engaged in the following protected activities:
- the worker has acted in compliance with the OHSA, the regulations or an order made thereunder (i.e. by refusing unsafe work);
- the worker has sought the enforcement of the OHSA or the regulations (i.e. by filing a complaint with the Ministry of Labour, or filing a complaint under the employer’s workplace violence or harassment policies);
- the worker has given evidence in a proceeding in respect of the enforcement of the OHSA or the regulations, or an inquest under the Coroners Act (i.e. by testifying in regulatory proceedings brought against the employer).
If an employer disciples, suspends, demotes, threatens, harasses or terminates a worker because they have exercised these rights, the employer may be violating the law.
What happens if my employer retaliates against me?
Employers are prohibited from taking adverse action against workers who exercise their OHSA rights.
Potential reprisals include:
- Termination of employment
- Suspension
- Demotion
- Reduced hours
- Workplace intimidation
- Threats of discipline
- Harassment or retaliation
If you experience any of these consequences after reporting unsafe working conditions or refusing unsafe work, you may have grounds to pursue a legal claim.
When should you contact an employment lawyer?
You should consider seeking legal advice if:
- You were terminated after refusing unsafe work.
- You were disciplined for raising safety concerns.
- Your employer ignored workplace safety complaints.
- You believe you experienced retaliation under the OHSA.
- You are uncertain whether your work refusal is legally protected.
An employment lawyer can assess your situation and explain the options available to you.
Frequently Asked Questions
Do I have the right to refuse unsafe work?
Yes. Ontario employees have the right under the Occupational Health and Safety Act (OHSA) to refuse work they reasonably believe is unsafe or could endanger their health and safety.
Can you refuse to go to work if the environment is unsafe?
Yes, workers may have the right to refuse work when workplace conditions create genuine health or safety risk. The proper OHSA work refusal process should be followed.
Can you get fired for refusing to do something unsafe?
Generally, no. Employers cannot legally terminate or discipline employees for properly exercising their right to refuse unsafe work under the OHSA
Can I refuse to come to work if I feel unsafe?
Potentially. The concern must typically relate to a legitimate workplace health or safety hazard. Whether a refusal is protected depends on the circumstances.
What is considered unsafe work?
Unsafe work may include dangerous equipment, hazardous workplace conditions, safety regulation violations, exposure to harmful substances, workplace violence risks, or other situations that could reasonably endanger workers.
What should I do if my employer retaliates against me?
Document the events, preserve communications, and seek legal advice as soon as possible. Time limits may apply to certain claims.
If you are facing reprisal after refusing unsafe work or reporting an unsafe work environment to the Ministry of Labour, its important you speak to an experienced employment lawyer. The employment lawyers at Whitten & Lublin can help you understand your rights and ensure you are protected.
Contact us online or at 416 640 2667
