What the Right to Refuse Means in Practice

The Right Exists — and It Is Legally Protected

Section 43 of the Ontario Occupational Health and Safety Act gives every worker the right to refuse work they believe is likely to endanger themselves or another worker. This is not a privilege that can be taken away by an employer, a supervisor, or a collective agreement. It applies to all workplaces covered by the OHSA, regardless of sector, employment status, or how long the worker has been on the job. A worker who exercises this right in good faith cannot be penalized, threatened, or dismissed as a result.

When Can a Worker Refuse?

A worker may refuse work when they have reason to believe that the equipment, machine, device, or thing they have been asked to use or operate is likely to endanger themselves or another worker; the physical condition of the workplace or the part they have been asked to work in is likely to endanger them; or workplace violence is likely to endanger them. The standard is reasonable belief — not certainty. A worker does not need proof that harm will occur. They need a genuine belief, based on their knowledge of the situation, that a danger exists.

The Step-by-Step Refusal Process

The OHSA establishes a specific sequence that must be followed when a worker exercises the right to refuse:

1. 1The worker reports the refusal to the supervisor or employer, explaining the reason for the refusal. The worker remains in a safe place near the workstation during this stage.
2. 2The supervisor investigates the situation promptly, in the presence of the worker and, if the worker requests it, a worker member of the Joint Health and Safety Committee or a worker health and safety representative.
3. 3If the supervisor determines that a dangerous condition does not exist, the worker may be directed to return to work. If the worker continues to refuse, the matter moves to Stage 2.
4. 4In Stage 2, a Ministry of Labour inspector is called. The inspector investigates the refusal and makes a decision in writing. The worker continues to remain available at or near the workplace.
5. 5Other workers may be assigned to the refused work during the investigation, but only if they are told, in writing, that the work has been refused and the reasons for the refusal.

What the Supervisor Must Do

When a worker refuses work under s.43, the supervisor has specific legal obligations:

• Investigate the concern promptly — a refusal is not a request; it requires an immediate response
• Involve the worker in the investigation — the worker has the right to be present
• Allow a JHSC member or health and safety representative to participate if the worker requests it
• Communicate the outcome of the investigation to the worker clearly and honestly
• If assigning other workers to the task while the refusal is unresolved, inform those workers in writing of the refusal and its reasons
• Never penalize, threaten, or intimidate the worker for exercising the right to refuse

What Happens If the Matter Is Unresolved After the Supervisor's Investigation

If the worker continues to refuse after the supervisor's investigation, either the worker or the employer may contact the Ministry of Labour. A Ministry inspector will arrive, investigate the situation, and issue a written decision. During this time, the worker continues to remain in a safe place at or near the workplace and continues to be paid. The inspector's decision is binding. If the inspector finds that a dangerous condition exists, they may issue orders requiring the employer to address it before work resumes. If the inspector finds no danger, the worker is required to return to work.

Protections Against Reprisal

Section 50 of the OHSA prohibits any employer from retaliating against a worker who has exercised a right under the Act. A worker who is penalized for refusing unsafe work can file a complaint with the Ontario Labour Relations Board. Reprisal includes:

• Dismissal, suspension, or demotion
• Threats of any of the above
• Changes to the worker's terms or conditions of employment
• Any other form of intimidation or coercion
• The burden of proving that the action taken was not a reprisal rests with the employer, not the worker