In Ontario, the Occupational Health & Safety Act (the “OHSA”), provides every worker with the right to a safe workplace. Consequently, employees have the right to refuse unsafe work when they believe their health or safety, or that of another worker is at risk.
The OHSA sets out the process a worker can go through if they would like to assert this right and the potential consequences on the employer if they fail to support this right. Understanding when you can refuse unsafe work, how the process works, and what protection you have is critical to protecting both your safety and your livelihood.
Quick summary
In Ontario, employees have the legal right to refuse work they believe is unsafe under the OHSA. Employers must investigate immediately and cannot retaliate against workers for exercising this right. If safety concerns are not resolved, a government inspector may step in to determine whether the work poses a danger.
When can you refuse unsafe work in Ontario?
You have the right to refuse to work if you have reasonable grounds to believe that you or another worker could be endangered by the following:
- Any machine, equipment or tool that the worker is using or is told to use
- The physical condition of the workplace or workstation
- Workplace violence is likely to endanger yourself
The work refusal process under the OHSA
Stage 1 – report and internal investigation
If you believe work is unsafe:
- Immediately tell your supervisor that the work is being refused
- 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 there is one. If possible, this should be a certified member, or
- a health and safety representative, in workplaces where there is no joint health and safety committee, or
- another worker, who, because of knowledge, experience and training, has been chosen by the workers to represent them
During this stage:
- The refusing worker must remain in a safe place that is as near as reasonably possible to their workstation
- Remain available to the employer or supervisor for the purposes of the investigation, until the investigation is complete
- If the situation is resolved at this point, the worker should return to work
Stage 2 – Ministry of Labour investigation
If the situation is not resolved after the investigation, the second stage of the work refusal begins.
You can continue to refuse the work if you have reasonable grounds for believing that the work or working environment is not safe.
At this point:
- the employer or someone acting on behalf of either you as the worker or employer must notify a Ministry of Labour, Immigration, Training and Skills Development inspector.
- The inspector will come to the workplace to investigate the refusal in consultation with you, as the worker, and the employer (or a representative of the employer).
- If there is a joint health and safety committee member, a worker health and safety representative or a worker selected by the worker’s trade union or, if there is no trade union, by the workers to represent the worker, they will also be consulted as part of the inspector’s investigation.
While waiting for the inspector’s investigation to be completed:
- You must remain in a safe place that is as near as reasonably possible to your workstation and available to the inspector for the purposes of the investigation
- Your employer may reassign you to some other reasonable alternative work during normal working hours or give you other directions if an assignment of reasonable alternative work is not practicable.
Inspector’s decision:
- The inspector will then provide a written decision to the employee, employer and worker representative (if there is one)
- The decision outlines whether the circumstance(s) that led to the work refusal is likely to endanger you or another person
- If no danger is found, you must return to work
- If the situation is dangerous, the employer will be ordered to remedy the hazard
Your rights during a work refusal
During the first stage of the refusal, you are entitled to be paid in the ordinary course.
At any time, the employer cannot punish or retaliate against you for:
- Refusing unsafe work
- Raising safety concerns
- Participating in the investigation
Reprisal includes:
- Termination
- Discipline
- Demotion
- Intimidation or threats
What if your employer violates your rights?
If your employer:
- Ignores your safety concerns
- Fails to properly investigate
- Disciplines you for refusing unsafe work
They may be in violation of the OHSA, exposing themselves to legal consequences.
Frequently asked questions
Can I refuse unsafe work in Ontario?
Yes. Under the OHSA, you can refuse work if you have reasonable grounds to believe it is unsafe or could endanger you or another worker.
Can my employer punish me for refusing unsafe work?
No. Employers are legally prohibited from retaliating against workers who exercise their right to refuse unsafe work.
Do I get paid if I refuse unsafe work?
Yes. During the initial stage of the investigation, you are entitled to be paid as usual.
What happens if my employer disagrees with my refusal?
If the issue is not resolved internally, a Ministry of Labour inspector will investigate and issue a binding decision.
What qualifies as unsafe work?
Unsafe work can include dangerous equipment, hazardous conditions, or threats of workplace violence: anything that could reasonably endanger a worker.
Do You Need an Employment Lawyer?
Workplace safety is not optional, and neither are your rights.
If you are facing an unsafe work situation or believe you’ve been penalized for speaking up, getting legal advice early can help you:
- Protect your job
- Enforce your rights
- Hold your employer accountable
You have the right to protect your safety, without fear of reprisal.
If you are dealing with a potential unsafe working environment or want to refuse unsafe work, you do not have to stay silent. Take control and make sure your rights are enforced.
Contact Whitten & Lublin Employment Lawyers for guidance on your situation.
📞 (416) 640 2667 or contact us online
