Section 128 - OSH Work Refusal Process Steps
PART II, LABOUR CODE  Work Refusal Resolution Process ... A worker who believes for reasonable cause that there is a contravention to the Code where there is a condition of work that is a danger to him/herself, where the use or operation of a machine or thing at work presents a danger to himself/herself or a co-worker, or where the performance of an activity constitutes a danger to the employee or to another employee, has the right to refuse to do a job.  The process includes the following main steps:

Step 1: Report the circumstances of the matter to the employer and specify whether the intent is to pursue the matter under the Code or under a collective agreement. Once the method of recourse has been chosen, it cannot be changed unless agreed to by both the employee and the employer.

Experience tells us management demands to have the reason(s) for refusing to work in writing and to have any and all documents substantiating the refusal provided.

Step 2: If the employer agrees that a danger exists he/she must take immediate action to protect employees from the danger. The employer must then inform the work place committee or health and safety representative of the matter and the action taken to resolve it. In this case, the procedure would end here.

Step 3: However, if the employer feels that there is no danger, or if the situation is not corrected to the employee's satisfaction, then the employee has the right to continue to refuse to work and must now report the circumstances to both the employer and the work place committee or the health and safety representative.

Step 4: The employer must now investigate the matter in the presence of the employee who reported it and one other person who is:

1. an employee member of the work place committee;
2. the health and safety representative; or
3. if the persons identified in (a) or (b) above are not available, one person from the work place selected by the employee.

(If more than one employee exercises their right to refuse dangerous work and the matters are of a similar nature, those employees may choose, from among themselves, one employee to be present at the investigation).

Step 5: Following the investigation, should the employer disagree with the employee on the existence of danger or take steps to protect the employees and the employee still believes the danger exists, the employee must inform his or her employer of the continued refusal. The employer will then inform the work place committee or health and safety representative and notify a health and safety officer.

Obtain management's response to each reason cited for the work refusal. If management does not provide these in writing, write them out in detail and ask management to confirm in front of a witness the notes are an accurate reflection of the response(s).

Before the health and safety officer investigates and decides, the employer has the right to:

• ask the employee to remain at a safe location nearby; or

• ask the employee to do other work, and

• assign alternate work to employees affected by the refusal to work.

The employer cannot assign someone else to do the job that the employee has refused to do unless:

• the other employee is qualified to do the job;
• the other person is informed about the refusal and the reason(s) the employee refused the job; and
• the employer is satisfied that the other employee will not be put in danger.

Step 6: The health and safety officer will investigate. 

This step involves interviewing the employee  refusing to work and the employer representative(s), reviewing documentation, and may lead the health and safety officer to request additional documentation from the parties before ruling.

Step 7: On completion of his/her investigation and once the health and safety officer has reached a decision, s/he will immediately give written notification of the decision to the employer and employee. 

Experience tells us that verbal decisions have also been given, with commitment to follow up shortly in writing.

IF the health and safety officer rules there is NO DANGER, the employee must return to work.

IF the health and safety officer rules there is DANGER, s/he will give a direction in writing to the employer to correct the situation, and issue a direction to the employee(s) involved.

Step 8: If the employee is not satisfied with the decision, the employee has ten (10) days after receiving the health and safety officer's decision to ask an appeals officer for a review. This appeal must be made in writing - see the appeals page for more information, and download the Application to Appeal Form (pdf).