Refusing unsafe work in British Columbia: Rights for employees

Employees in B.C. have the right to refuse unsafe work. Unsafe work is any task that you believe may cause you or someone else harm if it’s performed.

Example: Your employer asks you to operate a piece of machinery. However, you believe that the machine is malfunctioning and has the potential to cause you or another worker harm if it’s used.

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What should I do if I have been assigned unsafe work?

If your employer asks you to perform a task that you believe is unsafe, you must inform the company immediately.

Once your employer has been notified, they are legally obligated to investigate and determine whether or not the work is unsafe.

If it is, the company must take the necessary steps to ensure that the task is safe before it can be assigned again.

Instead of addressing the issue, can my employer reassign the work to someone else?

The short answer is no. The B.C. government amended its Occupational Health and Safety Regulation (OHSR) to prevent companies from simply reassigning tasks that were refused by one worker to another.

Under the OHSR, employers are required to inform staff taking on refused work why the job was turned down by the previous worker.

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• B.C. mandates disclosure of refused work

If you are a non-unionized employee who was asked to a perform a task, but your company didn’t disclose that another worker refused it, contact a B.C. employment lawyer at Samfiru Tumarkin LLP.

Can my employer make changes to my job if I refuse unsafe work?

Employees in B.C. don’t have to accept major changes to their job if they refuse unsafe work. Large modifications such as a demotion, cut in pay, reduction in hours, or negative change to commission are illegal.

When the terms of your employment are significantly changed, the law allows you to resign from your job and seek full severance pay through a constructive dismissal claim.

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• Can your employer change your job in B.C.?
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WATCH: Employment lawyer Lior Samfiru explains why employees don’t have to accept significant changes to their job on an episode of the Employment Law Show.

Can my employer fire me for refusing unsafe work?

Your employer can fire you if you refuse to perform a task that you feel is unsafe.

This is called a termination without cause. In B.C., companies can let employees go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal are not discriminatory

What your employer can’t do in this situation is fire you for just cause, which would mean no severance package or access to Employment Insurance (EI) benefits.

To justify this, the company would have to prove progressive disciplinary measures were applied and that a less severe punishment would be insufficient.

This type of termination is reserved for the worst kinds of workplace offences, such as theft or insubordination.

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• How to calculate severance pay
• Severance for provincially regulated employees

Can I get my job back if my employer suspends me for refusing unsafe work?

The short answer is yes. If your employer suspends you for refusing work that you reasonably believed was unsafe, you might be able to file a prohibited action claim against the company.

The claim will be reviewed by WorkSafeBC, a provincial agency dedicated to promoting safe and healthy workplaces. If the agency finds that your employer did take a prohibited action against you, they can order the company to:

• Reinstate you to your previous position
• Pay you any wage loss caused by the prohibited action
• Remove any negative reprimands from your employment record resulting from the prohibited action

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Speak with an employment lawyer about unsafe work issues

If your employer has forced you to perform unsafe work or you believe that your refusal of unsafe work has negatively impacted your job, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers have helped tens of thousands of non-unionized employees across B.C., Alberta, and Ontario enforce their workplace and human rights.