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The health and safety of most Canadian workers is regulated by provincial legislation. And while procedures and circumstances may vary from province to province, workers have the legal right to a healthy and safe workplace.

With few exceptions, this includes the right to refuse unsafe work.

This is a summary of what legal protections exist in provincial as well as federal labour law.

British Columbia

Legislation:
Workers’ Compensation Act, Occupational Health and Safety Regulation – Section 3.12
When to refuse
When you believe that a work process or operation of a tool or equipment presents an undue hazard to your health or safety, or to the health and safety of any person
How to refuse unsafe work
  1. If you believe that an undue hazard exists at your worksite, you are forbidden to carry out any work.
  2. Notify your supervisor or employer of the unsafe condition, and your refusal to work.
  3. The supervisor or employer must investigate and remedy the situation without delay, and inform you of the results.
  4. If you are not satisfied with the remedy, you can still refuse to work. The supervisor or employer must conduct the investigation with you and the workers’ health and safety representative or union.
  5. If the investigation does not resolve the matter, continue to refuse work.
  6. Either you or your employer must inform an officer of the Workers’ Compensation Board to investigate.
Legal protection

Alberta

Legislation
Occupational Health and Safety Act – Section 35
When to refuse
When an imminent danger (a danger that is not normal for the occupation or activity) exists for you or another worker, caused by a tool, appliance, equipment or work procedure at the worksite.
How to refuse unsafe work
  1. When an imminent danger exists at your worksite, you can refuse work.
  2. Notify your employer at the worksite, and state your reason for refusal.
  3. The employer must investigate and take action to eliminate the danger. There must be a written record of your notification, the investigation, and action taken. A copy of the report must be provided to you.
  4. If, in your opinion, a danger still exists, you can file a complaint with a government Occupational Health and Safety Officer.
  5. The officer shall investigate the complaint, and document actions taken in a written report. A copy of the report must be provided to you.
  6. If you are not satisfied with the officer’s report, you may appeal the report within 30 days, and request a review by the Occupational Health and Safety Council.
Legal protection
No discipline or dismissal for complying with the legislation: Occupational Health and Safety Act – Section 36.

Saskatchewan

Legislation
Occupational Health and Safety Act – Section 23
When to refuse
When there is reasonable grounds to believe that an act or a series of acts is unusually dangerous to your or another person’s health and safety.
How to refuse unsafe work
  1. If you believe that a dangerous situation may exist at work, you have the right to refuse the work.
  2. Notify your supervisor or employer about your concerns, and refuse to perform the unsafe work.
  3. The employer must remedy the situation and/or inform the occupational health committee. The committee must investigate and advise you of the decision.
  4. If you are not satisfied with the remedy, you may refuse unsafe work. The government occupational health officer must be notified.
  5. The officer must investigate your concerns and make recommendations. A written report must be given to you and the employer.
Legal protection
No discrimination against workers who comply with the legislation: Occupational Health and Safety Act – Section 27.

Manitoba

Legislation
Workplace Safety and Health Act – Section 43
When to refuse
When you believe the work is dangerous to your health and safety or any other person.
How to refuse unsafe work
  1. If you believe that a dangerous situation exists at work, you have the right to refuse to work.
  2. Notify your immediate supervisor or person in charge of the workplace of your concern, and refuse the unsafe work.
  3. The person receiving the report or a person designated by them must investigate along with you or a person whom you designate, and take the actions to remedy the dangerous situation.
  4. During the investigation another person cannot be assigned to perform the job until they are informed by you or your representative.
  5. If the dangerous condition is not remedied, you may continue to refuse to work. Any one of the persons conducting the investigation may notify a government workplace safety and health officer to investigate.
  6. After completing the investigation the officer must provide a written report of the findings and orders to you, the employer, and co-chairpersons of the workplace safety and health committee or its representative.
  7. If the findings have not resolved the issue, you can appeal to the Manitoba Labour Board within seven days of the order.
Legal protection
Workers cannot be threatened or discriminated against for complying with the legislation, according to the Workplace Safety and Health Act – Section 42.

Ontario

Legislation
Occupational Health and Safety Act – Section 43(3)
When to refuse
When you believe that any equipment, workplace condition, or any contravention of the Act is likely to endanger your or another person’s health and safety.
Exceptions
police, firefighters, corrections officers, hospital, long term care wokers (View full list)
How to refuse unsafe work
  1. If you believe that a dangerous situation is likely to exist at work, you have the right to refuse the work.
  2. Notify your supervisor or employer about the circumstances for refusing to work. The supervisor or employer must investigate the situation with you and the worker-selected member from the joint health and safety committee or union.
  3. If you believe the unsafe condition still exists, you may refuse to work. Either you or your employer must notify a government inspector.
  4. The inspector must investigate in consultation with you, the employer, and a worker-selected member of the joint health and safety committee or union. The inspector’s decision must be in writing and provided to all those involved in the investigation.
  5. You are required to remain in a safe place near your workstation until the investigation is completed. During this time, you might be assigned other reasonable alternative work or directions by your employer.
Legal protection
Workers cannot be threatened, dismissed, disciplined, intimidated or coerced for complying with the legislation, Occupational Health and Safety Act – Section 50.

Quebec

Legislation
Act Respecting Occupational Health and Safety – Section 12
When to refuse
When there are reasonable grounds to believe that performing the work would expose you or another person to a danger affecting your or their health, safety, or physical well-being.
How to refuse unsafe work
  1. If you believe that a dangerous situation may exist at work, you have the right to refuse the work.
  2. Notify your supervisor or employer about your concerns, and refuse to perform the unsafe work.
  3. The supervisor must inform the safety representative to examine and determine the corrective measures to be taken. If the safety representative is not available, the union must be contacted.
  4. If you are not satisfied with the remedy, either you or the employer must contact the government inspector.
  5. The inspector must investigate your concerns and make recommendations. A written report must be given to you, the employer and the safety representative.
  6. If the matter is still not resolved, you may appeal the matter within ten days to the governmental review office.
Legal protection
Workers cannot be dismissed, suspended, transferred, or penalized for complying with the legislation Act Respecting Occupational Health and Safety – Section 30. Workers also have the right to protective reassignment under certain circumstances.

New Brunswick

Legislation
Occupational Health and Safety Act – Section 19
When to refuse
When you believe that an act is likely to endanger your health and safety or that of another employee.
How to refuse unsafe work
  1. If you believe that a dangerous situation exists at work, you have the right to refuse unsafe work.
  2. Notify your supervisor about your concerns, and refuse the unsafe work.
  3. The supervisor must investigate the situation in your presence, and take appropriate action or recommend action to the employer.
  4. If the matter has not been resolved to your satisfaction, refer the matter to the joint health and safety committee. Where a committee does not exist, contact a government occupational health and safety officer.
  5. If the matter is still not resolved to your satisfaction by the committee, you can refer the matter to a government occupational health and safety officer.
  6. The officer will investigate and order remedial action. The written findings will be given to you, the employer, and the committee.
Legal protection
Workers cannot be discriminated against, threatened, or coerced for complying with the legislation, according to the Occupational Health and Safety Act – Section 24.

Prince Edward Island

Legislation
Occupational Health and Safety Act – Section 20
When to refuse
When there is reasonable grounds to believe that the work may endanger your or another person’s health and safety.
How to refuse unsafe work
  1. If you believe that a dangerous situation may exist at work, you have the right to refuse the work.
  2. Notify your supervisor of your concerns, and refuse unsafe work. The supervisor must investigate with you and take remedial action or recommend the appropriate action to the employer.
  3. If you are not satisfied with the remedy, contact your joint health and safety committee or employee health and safety representative. If neither exist contact the government health and safety officer.
  4. The committee must investigate the situation and recommend remedial action to the employer.
  5. If the matter is still not resolved to your satisfaction, you may refer the matter to a government occupational health and safety officer.
  6. The officer must investigate and order remedial action by the employer. The officer’s report must be provided in writing to you, the employer and the health and safety committee.
  7. During any investigation of the work refusal you must remain at the workplace during normal working hours.
Legal protection
Workers cannot be threatened, discriminated against, intimidated or coerced for complying with the legislation, according to the Occupational Health and Safety Act – Section 22.

Nova Scotia

Legislation
Occupational Health and Safety Act – Section 43
When to refuse
When there is reasonable grounds to believe that the work condition, equipment, material or any aspect of the work may be dangerous to your or another person’s health and safety.
How to refuse unsafe work
  1. If you believe that a dangerous situation may exist at work, you have the right to refuse the work.
  2. Notify your supervisor and the joint occupational health and safety committee about your concerns, and refuse unsafe work.
  3. The employer must take remedial action.
  4. If you are not satisfied with the remedy, contact the government’s Occupational Health and Safety Division.
Legal protection
Workers cannot be threatened or discriminated against through dismissal, reprimand or reduction of either wages or benefits for complying with the legislation, according to the Occupational Health and Safety Act – Section 45.

Newfoundland

Legislation
Occupational Health and Safety Act – Section 45
When to refuse
When there is reasonable grounds to believe that the work, tool, or equipment is dangerous to you or another person’s health and safety.
How to refuse unsafe work
  1. If you believe that a dangerous situation exists at work you have the right to refuse the work.
  2. Notify your supervisor about your concerns, and refuse unsafe work. The employer must take remedial action.
  3. If you are not satisfied with the remedy, ask the occupational health and safety committee or the worker health and safety representative to investigate.
  4. If the matter is still not resolved to your satisfaction, you can report your concerns to the government’s Occupational Health and Safety Division or an officer, either in writing or orally.
Legal protection
Workers cannot be discriminated against through dismissal, discipline or reduction of either wages or benefits for complying with the legislation: Occupational Health and Safety Act – Section 49.

Federal sector

Legislation
Canada Labour Code – Part II, Section 128
When to refuse
Wwhen there is reasonable grounds to believe that a machine or thing, or work in a place, or performance of an activity is dangerous to you or another person’s health and safety.
Exceptions
Exceptions exist for workers on ships and aircraft.  Please see the  Canada Labour Code – Part II, Section 128 (3) – (5) for details.
How to refuse unsafe work
  1. If you believe that a dangerous work situation may exist at work, you have the right to refuse the work.
  2. Notify your employer. If your employer agrees that a danger exists, they must, without delay, take action to protect you and notify the work place committee of the matter and the action taken to resolve it.
  3. If you are not satisfied with the remedy, continue to refuse work and report the circumstances of your refusal to the employer and the work place committee.
  4. The employer must immediately after being informed of your continued refusal investigate the matter with you, a work place committee member or the health and safety representative.
  5. If the matter is still not resolved, and you still have reasonable cause to believe a danger exists, a government health and safety officer must be contacted.
  6. The officer must investigate your concerns with you, your employer, an worker member of the work place committee, the health and safety representative or another worker from the work place chosen by the employee, and notify you of any recommendations in writing.
  7. If you are not satisfied with the officer’s decision you cannot continue to refuse the work but you have ten days after receiving the decision to appeal in writing to an appeals officer.
Legal protection
You cannot be dismissed, suspended, or penalized for complying with the legislation: Canada Labour Code – Part II, Section 147. You have the legal right to a healthy and safe workplace.