Your Right to Refuse Unsafe Work During the Coronavirus Outbreak

Do I have a right to refuse unsafe work during the coronavirus outbreak (COVID-19 pandemic)?

The recent outbreak of the novel COVID-19 (“Coronavirus”) has sparked fears over human-to-human transmission in the workplace. Employers and employees are both responsible for ensuring the safety of their workplace pursuant to both the provincial and federal health and safety legislation. Employers and Employees must take care to act reasonably.

Best Practices for Employers

Employers should be reminding employees to wash hands frequently and may want to have hand sanitizer available to employees. Employers should be denying access to the workplace for employees who show symptoms of Coronavirus or have been in direct contact with someone who has symptoms of Coronavirus. If possible, employers should make alternative arrangements for the employees in this situation to work remotely, if well enough to do so, and should recommend home isolation and possibly medical attention.

Right to Refuse Work

Employees have the right to refuse work under applicable health and safety legislation if the employees believe that a condition in the workplace is likely to endanger their health or safety, with certain exemptions – in Ontario, police officers, firefighters, correctional officers and hospital workers may not exercise this right. Employees should provide their refusal and the rationale for their refusal to their employer. The employer then has a duty to investigate the situation immediately and attempt to resolve or quell the employees’ health and safety concerns. If the concerns cannot be resolved or quelled, provincial legislation in Ontario requires that the employer must notify a Ministry of Labour inspector or officer of the work refusal.

An employer cannot threaten to discipline an employee who refuses to work on this basis. Employees should not feel that they will be penalized for failing to come to work, in order to protect the workplace from the spread of Coronavirus.

If you are experiencing difficulties with your employment as a result of the Coronavirus, contact our employment lawyers in Ontario, Alberta, or B.C. for assistance.

Find out more about your employment rights during the COVID-19 outbreak.

Employment lawyer Alex Lucifero has discussed the right to refuse unsafe work during COVID-19 on both CTV News and in radio interviews.