Workers have the right to refuse unsafe work where their health and safety is in danger.

For certain workers, such as health care workers and correctional officers, the duties and responsibilities of employers and supervisors prescribed by the Occuational Health & Safety Act and the regulations may not be fulfilled or may not be enough to ensure a safe workplace. In these circumstances, as a last resort, the Act allows workers to refuse to perform unsafe work.

You can also visit the Ontario Workplace Gateway for more information on your rights and more.

See below for Requirements for Refusal and Steps for Refusal of Unsafe Work.

The requirements and procedures that must be followed when workers use this right are as follows:

43(3) A worker may refuse to work or do particular work where he or she has reason to believe that,

(a) any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker;

(b) the physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself; or

(c) any equipment, machine, device or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contravention is likely to endanger himself, herself or another worker. R.S.O. 1990, c. O.1, s. 43 (3).

Once a worker has exercised the "right to refuse" as outlined in the Occupational Health and Safety Act, section 43, the following steps must be followed in order to protect the rights of the worker who is refusing to work. Any alteration in this procedure can nullify the legitimacy of the refusal under the law.

1. The worker who has "reason to believe" that their job is unsafe, must immediately tell the supervisor or employer that the work is being refused under the Occupational Health and Safety Act and must explain the circumstances of the refusal.

2. The supervisor or employer must investigate the situation immediately, in the presence of the worker, and a worker member of the Joint Committee or a worker health and safety representative.

3. The refusing worker must remain in a safe place near the workstation until the investigation is completed. If the situation is resolved, the worker returns to work. If there is an impasse and the worker has "reasonable grounds to believe" that a danger still exists, he or she can continue to refuse to work.
   
   The worker and the employer must ensure that a Ministry of Labour (MOL) inspector is notified. While awaiting the inspector, the worker remains in a safe place, unless other reasonable work is assigned during the normal work hours.
   
   The employer can ask another worker to do the refused work, however, the second worker must be told that the work was refused and why in the presence of the worker Joint Committee member. The second worker has the same right to refuse as the first worker.

4. The inspector will investigate the refusal in the presence of the employer, the worker and the Joint Committee Member or representative.

5. The inspector will make a written decision that must be given to the worker, the employer and the worker's representative. A copy of the orders must be posted in the workplace for 14 days.
   
   If the inspector finds that no danger exists, the refusing worker must return to work. If the inspector finds that a danger does exist, he or she can issue orders to address the problem. Any party can appeal an inspector's decision.