If you reasonably believe work is dangerous to you or another worker, Ontario law gives you the right to stop and refuse the unsafe work.
The right comes from Ontario’s Occupational Health and Safety Act (OHSA). You must tell your employer or supervisor about the danger and follow the work refusal process while the issue is investigated.
You don’t have to keep performing work you reasonably believe is unsafe while the OHSA refusal process is underway. Your employer also can’t fire, discipline, threaten or otherwise punish you because you properly exercised your health and safety rights.
On This Page:
- 1. When Can You Refuse Unsafe Work?
- 2. How the Work Refusal Process Works
- 3. What Happens During the Investigation?
- 4. Who Has a Limited Right to Refuse?
- 5. Can Your Employer Punish You?
- 6. What Should You Do?
- 7. Frequently Asked Questions
When Can You Refuse Unsafe Work in Ontario?
Ontario’s OHSA allows a worker to refuse work when they have reason to believe there is a qualifying danger.
That can include situations where you believe:
- Equipment, machinery or another device is likely to endanger you or another worker
- The physical condition of the workplace is likely to endanger you
- Workplace violence is likely to endanger you
- Equipment or workplace conditions violate the OHSA or its regulations and are likely to endanger you or another worker
You don’t have to wait until someone is injured before raising the concern.
What counts as unsafe work?
Unsafe work can take many forms.
Examples can include:
- Dangerous or defective equipment
- Missing safety guards or protective equipment
- Exposure to hazardous substances
- Unsafe physical conditions at the workplace
- A serious risk of workplace violence
- Work that violates a health and safety requirement and creates danger
The specific danger matters. Feeling uncomfortable with an assignment is not enough on its own.
For a broader overview of your rights, see our guide to the Occupational Health and Safety Act in Ontario.
How Do You Refuse Unsafe Work in Ontario?
You don’t need special legal language to start a work refusal. Tell your employer or supervisor that you believe the work is unsafe and explain the danger.
The process then happens in two stages.
Stage 1: Tell your employer and stop the unsafe work
If you believe the work is unsafe:
- Stop performing the work you believe is dangerous.
- Immediately tell your employer or supervisor.
- Explain why you believe the work is unsafe.
- Remain available while the employer investigates.
Your employer or supervisor must investigate the refusal promptly in your presence and in the presence of an appropriate worker representative.
If the issue is corrected and you are satisfied that the work is now safe, you return to work.
Stage 2: You still believe the work is unsafe
If the employer investigates but you still have reasonable grounds to believe the work is dangerous, you can continue the refusal.
At that point, a Ministry of Labour health and safety inspector is contacted.
The inspector investigates the refusal and decides whether the work is likely to endanger a worker or otherwise violates the OHSA.
What Happens While Unsafe Work Is Being Investigated?
During a work refusal, you remain a worker. Don’t leave the workplace unless you are permitted to do so.
You should remain in a safe place and available while the refusal is investigated.
Can your employer give you other work?
Yes. Your employer can assign reasonable alternative work while the work refusal is being investigated.
The alternative work should not require you to perform the task or face the danger that is the subject of your refusal.
Can your employer make someone else do the refused work?
It can offer the work to another worker, but that worker must be told that the work has been refused and why.
The employer can’t simply hide the existing safety refusal and send another employee into the same situation without warning.
Do you get paid during a work refusal?
Workers participating in the work refusal process have protections around payment while the statutory investigation is taking place.
If your employer withholds wages, sends you home without pay or uses lost income to punish you because you exercised the right to refuse, get advice about whether the treatment amounts to an OHSA reprisal.
Does Every Ontario Worker Have the Same Right to Refuse Unsafe Work?
No. Most Ontario workers have the right to refuse unsafe work, but the OHSA limits that right for certain occupations where danger is an inherent part of the job or where refusing could directly endanger someone else.
Workers with restricted refusal rights can include some:
- Police officers
- Firefighters
- Health-care workers
- Correctional workers
- Workers providing certain emergency or residential-care services
A limited right is not the same as having no health and safety rights. These workers remain protected by the OHSA but face additional restrictions on when they can refuse particular work.
Can You Be Fired for Refusing Unsafe Work in Ontario?
Your employer can’t fire or punish you because you properly exercised a right under the OHSA.
Illegal retaliation can include:
- Firing or threatening to fire you
- Suspending you
- Disciplining you
- Cutting your hours
- Demoting you
- Intimidating or coercing you
- Otherwise penalizing you because you exercised an OHSA right
This protection is called the prohibition against reprisal.
See our complete guide to workplace retaliation in Ontario.
What if you’re fired after a work refusal?
The timing should be reviewed carefully.
An employer can still discipline or terminate an employee for legitimate reasons unrelated to the work refusal. It can’t use discipline or termination to punish an employee for properly exercising a protected health and safety right.
OHSA reprisal complaints can be brought to the Ontario Labour Relations Board.
If you’ve also lost your job, your termination and severance pay rights in Ontario should be reviewed separately.
What Should You Do if You Believe Work Is Unsafe?
- Identify the danger. Be clear about what equipment, condition, violence risk or safety violation concerns you.
- Tell your employer or supervisor immediately. Explain that you believe the work is unsafe.
- Follow the work refusal process. Remain available while the employer investigates rather than simply leaving.
- Document what happened. Keep a record of the hazard, when you raised it and how the employer responded.
- Continue the refusal if you still have reasonable grounds. A Ministry inspector can investigate at the second stage.
- Document any retaliation. Keep records if your hours, duties or treatment suddenly change after the refusal.
- Get advice if your job is threatened.
Right to Refuse Unsafe Work Ontario: Frequently Asked Questions
Can I refuse work because I think it’s unsafe?
Yes, when you have reason to believe the work creates a danger covered by Ontario’s OHSA. Tell your employer or supervisor immediately and follow the formal work refusal process.
Do I have to prove the work is unsafe before refusing?
No. The right to refuse is based on your reason to believe that a qualifying danger exists. The employer and, if necessary, a Ministry inspector then investigate the concern.
Can I just go home after refusing unsafe work?
No. A work refusal does not automatically give you permission to leave. Remain in a safe place and available while the statutory process is followed unless you’re directed or permitted to leave.
Can I refuse work because it’s too hot or too cold?
Extreme temperature can support a work refusal when the conditions create a danger that falls within the OHSA. There is no universal rule that every uncomfortable temperature automatically gives a worker the right to refuse.
Can I refuse work because of workplace violence?
Yes. The OHSA specifically allows a work refusal when a worker has reason to believe workplace violence is likely to endanger them.
Can I refuse work because I’m being harassed?
Harassment by itself does not automatically trigger the OHSA work refusal process. If the situation involves workplace violence that you reasonably believe is likely to endanger you, the right to refuse can apply.
For non-violent harassment, see our guide to workplace harassment in Ontario.
Can my employer discipline me if the inspector decides the work is safe?
An unsuccessful work refusal does not automatically make the refusal misconduct. Your employer can’t punish you simply for exercising an OHSA right in good faith.
Who do I call about unsafe work in Ontario?
Ontario’s Ministry of Labour, Immigration, Training and Skills Development operates a Health and Safety Contact Centre for work refusals and workplace safety complaints.
Being Punished for Refusing Unsafe Work?
You shouldn’t have to choose between your safety and your job.
If you’ve properly raised a serious safety concern and your employer responds by threatening, disciplining, demoting or firing you, the Ontario employment lawyers at Samfiru Tumarkin LLP can review whether the treatment amounts to an illegal reprisal.
We can also assess your employment rights if retaliation has resulted in major changes to your job or termination.
The process doesn’t need to be overwhelming. Keep a record of the hazard, your refusal and what your employer did afterward, and get advice before resigning or accepting serious discipline.