Every Ontario worker has the right to refuse work they have reasonable grounds to believe is unsafe. It is one of the three core worker rights under the Occupational Health and Safety Act, alongside the right to know about hazards and the right to participate in health and safety. Under section 43 of the OHSA, a worker can refuse work or operate equipment where they have reason to believe the equipment, a workplace condition, workplace violence, or a contravention of the Act is likely to endanger them or another worker. Employers who understand the process — and respond to a refusal the right way — resolve most situations quickly, protect their people, and stay compliant. Here is how the process works and how to prepare for it.
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The right to refuse applies when a worker has reasonable grounds to believe that equipment, a workplace condition, workplace violence, or an OHSA contravention is likely to endanger them or another worker — it is a legal right, and workers cannot be penalized for exercising it in good faith
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Stage one: the worker promptly reports the refusal and the reasons to the supervisor or employer, and must remain in a safe place reasonably near the workstation while the matter is investigated
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The employer or supervisor must immediately investigate the refusal in the presence of the worker and a worker representative — a Joint Health and Safety Committee member, the health and safety representative, or another worker chosen by the refusing worker
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If the concern is resolved, work resumes; if the worker still has reasonable grounds to believe the danger exists, stage two begins and the worker may continue the refusal
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In stage two, the worker (or someone on their behalf) must contact a Ministry of Labour, Immigration, Training and Skills Development inspector, who investigates the refusal and provides a written decision
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During stage two, other workers may be assigned to the equipment or condition — but only after they have been advised of the existing refusal and the reasons for it
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The right has limited exceptions: the danger must not be inherent in the work or a normal condition of employment, and refusing cannot directly endanger another person's life, health, or safety — police officers, firefighters, corrections workers, and certain other categories of workers have restricted refusal rights
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Be ready before a refusal happens: train supervisors on the two-stage process, identify in advance who your worker representatives are, document every investigation, and correct the underlying hazard so the same refusal does not repeat
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