Right to Refuse Unsafe Work in BC
If you believe your job is putting your health or safety at risk, you have the right to refuse unsafe work in BC — and you’re protected by law for doing so.
In British Columbia, WorkSafeBC enforces strict rules to make sure no worker is forced to perform a task that could cause harm. Understanding your rights can protect you from serious injury and from employer retaliation.
What Is Considered Unsafe Work in BC?
Unsafe work includes any task that could endanger you or someone else.
Examples of unsafe working conditions include:
- Faulty or poorly maintained machinery
- Missing safety gear or protective equipment
- Exposure to toxic chemicals without proper ventilation or training
- Working at heights without fall protection
- Excessive heat or cold without safety measures
If you’re unsure, it’s always safer to stop and report the hazard rather than risk getting hurt.
How to Refuse Unsafe Work in BC
When you believe a task is unsafe, follow these steps outlined by WorkSafeBC:
- Report it immediately to your supervisor or employer.
- The employer must investigate the issue right away.
- If the danger can’t be resolved, both you and the employer must contact WorkSafeBC for an official inspection.
If you’re not comfortable making a direct report, you can also file a WorkSafeBC anonymous complaint online or by phone.
💡 Tip: Always document your concern in writing (email or text) and note the date and details of the incident.
Can My Employer Reassign Unsafe Work?
No. Your employer can’t simply reassign a refused task to another worker unless they’ve:
- Investigated the hazard
- Made the work safe
- Informed the new worker why the task was originally refused.
This is a legal requirement under BC’s Occupational Health and Safety Regulation (OHSR).
Can You Be Fired for Refusing Unsafe Work?
You can’t be fired for refusing unsafe work that you reasonably believe could cause harm. That’s considered a prohibited action under BC law.
However, employers can legally terminate your employment without cause (with full severance pay) — but not because you exercised your health and safety rights.
If your employer suspends, disciplines, or demotes you for reporting unsafe work, you can file a WorkSafeBC complaint for prohibited action. If WorkSafeBC agrees that retaliation occurred, they can order the company to:
- Reinstate your job
- Repay lost wages
- Remove negative records from your file
Examples of the Right to Refuse Unsafe Work
Here are a few real-world examples of when the right to refuse unsafe work may apply:
- A construction worker notices missing guardrails near a roof edge.
- A warehouse employee is asked to lift heavy boxes alone without training.
- A cleaner is told to handle chemical products without gloves or ventilation.
- A delivery driver is ordered to work in extreme weather without safety gear.
How to File a WorkSafeBC Unsafe Work Report
You can report unsafe working conditions or make a WorkSafeBC complaint in three ways:
- Online: worksafebc.com
- By phone: 1-888-621-SAFE (7233)
- Anonymously: You can submit a WorkSafeBC anonymous complaint if you fear retaliation.
What If Your Employer Changes Your Job After You Refuse Unsafe Work?
If your employer cuts your hours, demotes you, or changes your pay after you refuse unsafe work, that could be considered constructive dismissal in BC.
You don’t have to accept these changes. In many cases, you may be entitled to full severance pay in BC and compensation for lost income.
Get Legal Help About Unsafe Work in BC
If you’ve been punished for refusing unsafe work, or your employer ignored safety concerns, speak confidentially with the team at Samfiru Tumarkin LLP.
The team at Samfiru Tumarkin LLP has:
- 👥 Successfully represented 50,000+ Canadians
- 💰 Secured millions in severance payouts
- ⚖️ Settled over 99% of cases out of court
- 📱 Free Termination Consultations — in some, but not all, cases
- ⭐ Earned 3,000+ 5-star Google reviews
- 🏆 Named on of Canada’s Best Law Firms
Call 1-855-821-5900 or request a consultation online.
You must go through your union. By law, employment lawyers can’t represent unionized employees. Additionally, our firm does not help with WorkSafeBC insurance claims.