What If I Can't Go Back to Work

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Under the Occupational Health and Safety Act workers can refuse work when they have reason to believe it is likely to endanger their immediate or long-term health or safety or that of another worker:

Section 43 (3) of the Act specifically refers to: 

1. any equipment that when used poses a danger to self or another worker; 
2. the physical condition of the workplace, including workplace violence, which poses a danger to self;
3. any equipment or physical condition of the workplace which contravenes the Act and is likely to pose a danger to self or another worker.

In this initial phase of a work refusal, reason to believe is an honest, personal feeling by the refusing worker.  

• Please refer to the flow-chart and FAQs in this Worker’s Health and Safety Centre poster. 
• Please refer to the CUPE National website for more details on how to refuse unsafe work. 
• Please refer directly to Section 43 of the Occupational Health and Safety Act. 
• Please note the employer cannot dismiss, threaten, discipline, threaten to discipline, suspend, impose any penalty, or intimidate or coerce a worker for exercising their right to refusing unsafe work. See Section 50 of the Occupational Health and Safety Act. 

If you anticipate situations which may result in work becoming unsafe please bring them to the attention of your immediate supervisor (preferably in writing so there is a record), JOHSC worker representative, and union steward so they can be addressed. It is optimal to resolve workplace health and safety issues so that work does not become unsafe.  

The refusing worker must immediately tell their supervisor/employer they believe the work is unsafe. The refusing worker is best protected when making it clear they are refusing under Section 43 of the Occupational Health and Safety Act. Please contact your unit chair as soon as you initiate a work refusal. 

The supervisor who shows up to investigate the work refusal must notify a worker representative of the JOHSC or a union representative who should also show up for the investigation. The refusing workers should remain in a safe location at the worksite.  

Here is a flow chart of the work refusal process from the Worker’s Health and Safety Centre. 

The worker can continue to refuse if they have reasonable grounds for believing the work is unsafe. Reasonable grounds means the worker has some objective basis for the continued refusal. At this time a Ministry of Labour (MOL) inspector is to be called in by either the supervisor, JOHSC/union representative, or the worker. 

The MOL inspector will investigate the work refusal (we understand this is currently happening over the phone) and may issue written orders if the situation remains unresolved.  

During the course of the work refusal process no other worker can be assigned to fulfill the work in question unless they’ve been notified, in the presence of the JOHSC worker representative or the union representative, of the potential hazard and reason for the ongoing refusal and do not themselves deem the work to be unsafe. 

The refusing worker(s) continues to be paid, as per usual, during the course of the investigation. 

Here is a flow chart of the work refusal process from the Worker’s Health and Safety Centre. 

Yes, with certain limitations. Section 43 (1) and (2) of The Occupational Health and Safety Act limits the right to refuse unsafe work for some groups of workers – for example those employed in the operation of long-term care facilities and ambulance services.  

The limitation is for situations that either:  

1) are inherent to a worker’s work or a normal condition of employment OR   

2) when the refusal would directly endanger the life, health and safety of another person 

Please note 1) means everyday work in which the worker has been provided adequate training, the means, PPE, equipment and devices for carrying out the work safely. Any condition or circumstance that places a worker in danger and is a contravention of the Act or regulation or deviates from the employer’s occupational health and safety programs and procedures would be reasonable grounds for a work refusal. Situations where a work refusal would be based on reasonable grounds include: 

• PPE that isn’t provided, not in good condition, not sanitary or does not fit 
• A worker is asked to wear PPE for which the worker has not received training  
• A worker is asked to perform a task for which the worker has not received training and the task is likely to endanger the health and safety of the worker or another worker 
• A worker is asked to perform a task alone, where the task requires at least two workers 

Although a worker who has a reason to believe that the work will endanger themselves has the right to refuse unsafe work at any time, it is also recommended that: 

• workers communicate any occupational health and safety concern with their supervisor or employer; and 

• consult with a worker member of the JHSC and/or their steward/unit chair 

It is against the law for an employer to dismiss, threaten, discipline, threaten to discipline, suspend, impose any penalty, or intimidate or coerce a worker for exercising their right to refusing unsafe work they believe to be unsafe.  See Section 50 of the Occupational Health and Safety Act. 

CUPE Local 905 will support members that participate in the right to refuse unsafe work. Historically workers, through their unions, won the right to refuse unsafe work because workplace dangers have resulted in injury, illness, and death of workers.