Right to refuse unsafe work

Ontario Occupational Health and Safety Act (OHSA) section 43 — jurisdiction-specific

This guide summarizes the Ontario OHSA s.43 refusal procedure for college-sector stewards and JHSC members. Other provinces and territories use different statutes and steps — do not assume this sequence applies outside Ontario.

Not legal advice — Ontario-specific

This is educational orientation for Ontario workplaces covered by the OHSA — not legal advice. Confirm steps with your JHSC, employer health-and-safety policy, collective agreement, and Ministry of Labour, Immigration, Training and Skills Development guidance. Tenants outside Ontario must follow their own jurisdiction’s rules.

Ontario scope (read this first)

OHSA s.43 applies to most provincially regulated Ontario workplaces, with important exceptions and special rules for some sectors. Always verify coverage for your workplace type before advising a member.

Label this guide Ontario-only in any local training materials you reprint
Federal workplaces and other provinces follow different refusal frameworks
Some workers have modified rights — check current OHSA text and ministry materials
Union representation supports the member; it does not replace JHSC or ministry roles

Step-by-step refusal (report)

A worker who has reason to believe work is likely to endanger them (or another worker) may refuse. The first move is prompt reporting — not a silent walkout.

Worker promptly reports the circumstances to the supervisor / employer
Worker remains in a safe place nearby and available for investigation steps
Worker may be accompanied by a JHSC worker member or union health-and-safety rep where the Act provides
Employer investigates in the presence of the worker and the worker representative

If the worker still refuses

When the danger is not resolved to the worker’s satisfaction, the matter escalates beyond the internal investigation.

Notify a Ministry of Labour inspector — the employer or worker (or JHSC member) can trigger this
Inspector investigates and decides whether the refusal is likely to endanger
Do not coach members to invent hazards — facts, dates, and witnesses matter
Keep notes of times, who was present, and what was said for the local file

Work reassignment rules (high level)

While a refusal is live, employers generally cannot assign the same work to another worker without informing them of the refusal and the reasons, subject to OHSA rules. Details change — verify current Act language before advising.

Other workers assigned the work must be informed of the refusal and reasons
The refusing worker is typically paid pending the investigation outcome, subject to Act rules
Reprisals for exercising OHSA rights are prohibited — escalate suspected reprisals immediately
Post current JHSC contacts and hazard-reporting steps on the union board

Union boards and pocket cards

Keep JHSC contacts and a short “how to report a hazard / refuse unsafe work” strip on the workplace board. Link QR posters to official e-Laws OHSA text rather than outdated photocopies.

Sources & references

External resources cited in this guide. Always defer to your local executive and union servicing rep for official direction.

Occupational Health and Safety Act (e-Laws)
Live OHSA statute - prefer QR to e-Laws over outdated paper copies on union boards.
Posters required in the workplace (Ontario)
Ministry hub for ESA and other workplace posters locals can print when a board needs content.

Right to refuse unsafe work

Ontario Occupational Health and Safety Act (OHSA) section 43 — jurisdiction-specific

Ontario scope (read this first)

Label this guide Ontario-only in any local training materials you reprint

Federal workplaces and other provinces follow different refusal frameworks

Some workers have modified rights — check current OHSA text and ministry materials

Union representation supports the member; it does not replace JHSC or ministry roles

Step-by-step refusal (report)

A worker who has reason to believe work is likely to endanger them (or another worker) may refuse. The first move is prompt reporting — not a silent walkout.

Worker promptly reports the circumstances to the supervisor / employer

Worker remains in a safe place nearby and available for investigation steps

Worker may be accompanied by a JHSC worker member or union health-and-safety rep where the Act provides

Employer investigates in the presence of the worker and the worker representative

If the worker still refuses

When the danger is not resolved to the worker’s satisfaction, the matter escalates beyond the internal investigation.

Notify a Ministry of Labour inspector — the employer or worker (or JHSC member) can trigger this

Inspector investigates and decides whether the refusal is likely to endanger

Do not coach members to invent hazards — facts, dates, and witnesses matter

Keep notes of times, who was present, and what was said for the local file

Work reassignment rules (high level)

Other workers assigned the work must be informed of the refusal and reasons

The refusing worker is typically paid pending the investigation outcome, subject to Act rules

Reprisals for exercising OHSA rights are prohibited — escalate suspected reprisals immediately

Post current JHSC contacts and hazard-reporting steps on the union board