Employees in BC have the right to refuse unsafe work if they have reasonable cause to believe a task creates an undue risk to their health or safety, or someone else’s. You must immediately report the unsafe work to your supervisor or employer. They must investigate your concern.

Your employer can’t legally punish you for properly exercising this right. If the issue isn’t resolved, WorkSafeBC can investigate.

💡 Important: You don’t have to wait until someone gets hurt. If you reasonably believe the work creates an undue hazard, stop the task, report it immediately and follow BC’s work-refusal procedure.

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What Qualifies as Unsafe Work in BC?

Unsafe work is a task or working condition that you have reasonable cause to believe creates an undue hazard to yourself or someone else.

Examples can include:

  • Operating faulty or poorly maintained machinery
  • Working at heights without proper fall protection
  • Handling dangerous chemicals without adequate protection
  • Working in extreme heat or cold without appropriate safety measures
  • Performing hazardous tasks without necessary training or equipment

Not every uncomfortable or difficult task qualifies. The actual hazard and working conditions matter.

Learn more about occupational health and safety rights in BC.

How Do You Refuse Unsafe Work in BC?

WorkSafeBC has a three-step procedure employees must follow when refusing unsafe work.

Step 1: Stop the Work and Report the Hazard

Immediately stop the unsafe task and tell your supervisor or employer why you believe it’s dangerous.

Your employer must investigate and correct the hazard if possible. If they believe the task is safe, they must explain their findings to you.

Step 2: Investigate With a Worker Representative

If you still believe the work is unsafe, your employer must investigate again with you and an appropriate worker representative, union-selected worker or another worker you select, as permitted by the rules.

Step 3: Contact WorkSafeBC

If the issue remains unresolved, you and your employer must contact WorkSafeBC. A prevention officer will investigate and determine the next steps.

You can contact WorkSafeBC at 1-888-621-7233.

⚠️ Don’t simply walk off the job or refuse all work. Report the specific hazard and follow the required investigation process. Your employer can temporarily assign you other safe duties without reducing your pay.

Official guidance: WorkSafeBC’s Refusing Unsafe Work Procedure.

Can Your Employer Give the Unsafe Work to Someone Else?

Your employer can’t simply ignore your refusal and assign the task to another worker without following the rules.

While the investigation is underway, your employer may assign the task to another worker if they believe it can be performed without an undue hazard.

They must provide written notice to the replacement worker and the appropriate worker representative. The notice must explain the original refusal, why the employer believes the work is safe and the replacement worker’s right to refuse.

Your employer may also temporarily assign you other safe duties without reducing your pay.

Can You Be Fired for Refusing Unsafe Work in BC?

Your employer can’t legally fire, discipline or punish you for properly exercising your right to refuse unsafe work.

Prohibited retaliation can include:

  • Firing, suspending or laying you off
  • Reducing your wages or working hours
  • Demoting or transferring you as punishment
  • Threatening or intimidating you

If you’re fired after raising safety concerns, you may have grounds for a WorkSafeBC prohibited-action complaint. Depending on your circumstances, you may also have a wrongful dismissal claim or severance entitlements. Severance pay in BC can reach as high as 24 months’ pay.

Major changes to your pay, duties or working conditions may also amount to constructive dismissal.

⚠️ Fired or pressured to resign after refusing unsafe work? Don’t sign a release or accept that you’re owed nothing. Get advice before accepting a severance package or resigning.

How Do You Report Unsafe Work or Retaliation to WorkSafeBC?

WorkSafeBC investigates workplace hazards and complaints involving retaliation for exercising safety rights.

If you’re facing a safety concern:

  1. Document the issue. Save relevant messages, photographs and details of the unsafe conditions.
  2. Follow the refusal procedure. Report the hazard and participate in the required investigation.
  3. Contact WorkSafeBC. If the refusal remains unresolved after the required steps, both you and your employer must contact WorkSafeBC.

If your employer punishes you for exercising your safety rights, you can file a separate prohibited-action complaint.

Deadline: You have one year from the prohibited action to submit a WorkSafeBC prohibited-action complaint. A telephone report alone doesn’t count as formally filing the complaint.

WorkSafeBC can order remedies such as reinstatement and payment of lost wages where prohibited retaliation is established.

Refusing Unsafe Work in BC: FAQs

Do You Need Proof That the Work Is Dangerous Before Refusing?

You don’t need to wait for an accident or injury. You must have reasonable cause to believe the task creates an undue hazard, report the concern immediately and follow the refusal procedure.

Can You Refuse to Work in Extreme Heat or Cold?

Yes, if the conditions give you reasonable cause to believe the work creates an undue hazard. An extreme weather warning alone doesn’t automatically make every job unsafe. Read about working in extreme heat in BC and extreme cold.

Can Your Employer Send You Home Without Pay?

Your employer may temporarily assign you other safe work without reducing your pay while the refusal is being investigated. Sending you home without pay as punishment for properly exercising your safety rights may be prohibited retaliation.

Can You Be Fired if WorkSafeBC Finds the Task Was Safe?

An investigation finding that work was safe doesn’t automatically justify firing you. Whether you followed the procedure and had reasonable cause for your concern matters. Continuing to refuse work after the process is resolved may create a separate employment issue.

Can You Get Severance if You’re Fired After Refusing Unsafe Work?

You may have severance or other legal claims, depending on the circumstances. Your employer’s allegation of misconduct doesn’t automatically eliminate your entitlements. Learn more about severance pay in BC.

Fired or Punished for Refusing Unsafe Work?

The BC employment lawyers at Samfiru Tumarkin LLP help non-unionized employees facing workplace retaliation, discipline, constructive dismissal and wrongful dismissal.

Before you sign, always check first.

➡️ Get a Consultation or call 1-855-821-5900.

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Consult with Samfiru Tumarkin LLP. We are one of Canada's most experienced and trusted employment, labour and disability law firms. Take advantage of our years of experience and success in the courtroom and at the negotiating table.

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