Right to refuse unsafe work

Before you advise — pick the right path

A hazard report, a live refusal, and a scheduling grievance need different forums. Run this gate before you tell a member what to do next.

• Is someone refusing work right now?. OHSA s.43 applies when a worker believes work is likely to endanger them or another person. Follow the refusal stages in this guide — report, stay available, stage 1 investigation, then stage 2 inspector if needed.
• Is this a hazard to fix, not a live refusal?. JHSC inspects, recommends, and tracks hazards under the internal responsibility system. A member can report through JHSC without refusing work — but once they refuse, the s.43 clock runs separately from committee meetings.
• Is this really a CA or discipline issue?. Forced overtime, bullying, or contract violations may be grievances — not refusals. Do not tell a member to “refuse” as a shortcut around the grievance procedure unless a genuine safety danger exists.
• Can both paths run?. Yes — a live refusal can overlap with a JHSC recommendation or a grievance about reprisal. Keep files separate: OHSA notes with times and witnesses; grievance facts with CA articles.

Ontario scope (read this first)

OHSA s.43 covers most provincially regulated Ontario workplaces, with exceptions. Verify coverage for your workplace type before advising.

• Label training materials. Mark this guide Ontario-only in any local training handout you reprint. Other provinces and federal workplaces use different refusal frameworks.
• Federal and other provinces. Federal workplaces and other provinces follow different refusal frameworks. Do not assume Ontario steps apply on another jurisdiction's shop floor.
• Modified rights. Some worker categories have modified rights under the Act. Check current OHSA text and ministry materials before advising police, firefighters, or other listed groups.
• Union role. Union representation supports the member at investigation steps where the Act allows. It does not replace the JHSC worker member or the ministry inspector's role.

Stage 1 — report and employer investigation

A worker who believes work is likely to endanger them (or another) may refuse. Report promptly. Do not walk out in silence.

• Report to supervisor / employer. The worker promptly reports the circumstances — what task, what hazard, who else is affected. Stewards help the member state facts, not slogans.
• Stay in a safe place nearby. The worker remains available for investigation steps. Leaving campus without notice can be treated as abandonment — confirm local practice with your president.
• Accompany where the Act allows. The worker may be accompanied by a JHSC worker member or union health-and-safety rep during the employer investigation. Stewards: confirm your right to be present before the meeting starts.
• Employer investigates in presence of worker. The employer investigates with the worker and worker representative present. Take notes: start time, attendees, hazard described, interim controls offered.
• Steward notes for the local file. Record the member's exact words on the hazard, photos if safe, SDS sheets for chemicals, and whether the employer stopped work or offered alternate tasks.
• If resolved, document. If the danger is fixed or the worker agrees it is resolved, work may resume — but write the outcome: who said what, what changed, date and time. Do not rely on verbal “it's fine now.”

Stage 2 — ministry inspector

When the worker still believes the danger exists after stage 1, the matter escalates to a Ministry of Labour, Immigration, Training and Skills Development inspector.

• When stage 2 opens. Stage 2 starts when the worker continues to believe the danger exists after the employer's stage 1 investigation. The member does not need to accept “we disagree.”
• Who can notify the inspector. The employer, the worker, or a JHSC member can notify the ministry. Stewards: know the ministry contact path before the shift — do not waste hours searching mid-refusal.
• Inspector investigates. The inspector investigates and decides whether the refusal is likely to endanger. Stay factual. Provide times, witnesses, and documents — not advocacy speeches.
• What stewards record. Inspector name/badge if shown, arrival time, who was interviewed, orders or directions given, and whether work resumed. Photo the posted order if one is issued.
• Facts only — no invented hazards. Do not coach members to invent hazards. Misrepresentation hurts the member and the local. If the hazard is weak, say so in caucus — do not fabricate.

Work reassignment and pay while the refusal is live

While a refusal is active, reassignment and pay rules protect both the refusing worker and anyone else asked to do the work. Verify current Act language before advising.

• Inform the next worker. Other workers assigned the same task must be told a refusal is in progress and why. No silent reassignment — the next person inherits the same hazard without knowing.
• Pay status of refusing worker. The refusing worker is typically paid pending the investigation outcome, subject to current OHSA rules. Track pay on the first shift — do not discover a docked cheque weeks later.
• No pressure to “just do it”. Supervisors cannot use reassignment to bypass the refusal. If someone else is sent in without being informed, document it for the inspector and the local file.
• Post contacts on the board. Keep current JHSC contacts, steward numbers, and hazard-reporting steps on the union board — link to live e-Laws, not a faded 2019 photocopy.

Reprisal and urgent escalation

OHSA prohibits reprisals for exercising refusal rights. Treat suspected reprisal as urgent — not a routine grievance delay.

• Document everything tied to the refusal date. Discipline, schedule changes, harassment, exclusion from shifts, or “performance” meetings within days of the refusal — write dates, names, and exact words.
• Same-day escalation. Alleged reprisal goes to the local president and union health-and-safety rep the same day. Do not wait for the next stewards' meeting.
• Pair with official sources. Use the ministry Part V walkthrough and live e-Laws s.43 text alongside this guide. Stewards cite procedure; lawyers cite orders.
• Not a routine grievance timeline. Reprisal can overlap grievance and OHSA complaint paths. Parallel tracks are normal — “we filed a grievance” is not an excuse to delay a reprisal response.

Worked walk-through: chemical exposure refusal

A custodian is told to mix two cleaning products in a poorly ventilated storage room. They smell strong fumes, feel light-headed, and refuse to continue. No grievance is filed — this is a live OHSA refusal.

1. Shift start — hazard appears — Member reports dizziness and fumes to the supervisor at 09:15. Steward arrives by 09:30. Member stays in the hallway — available, not on task.
2. Stage 1 — employer investigation (same day) — Supervisor, JHSC worker member, and steward meet at 10:00. Employer offers a different rag and open door — member says danger persists without ventilation and compatible SDS review. Notes taken; SDS photographed.
3. Stage 2 — inspector called (same day) — Member still refuses at 11:00. JHSC worker member notifies the ministry. Inspector arrives afternoon; interviews member and supervisor; orders ventilation check before work resumes.
4. Reassignment — another worker not informed — At 14:00 a temp is sent to finish the room without being told of the refusal. Steward documents; informs the temp; adds note to inspector file.
5. Follow-up — pay and board — Member paid for the shift. Local posts pocket-card QR with s.43 steps and JHSC contacts. Reprisal watch for 30 days — no discipline entries tied to the refusal date.

Before, during, and after a refusal

Use this checklist on paper or in the local file. One refusal handled cleanly prevents three bad precedents.

• Before — know the path. Read s.43 summary, JHSC contacts, and ministry notification route before your next shift — not after the member calls.
• Before — pocket card on the board. QR pocket card preset posted with stage 1 and 2 steps. Link to live e-Laws OHSA text.
• During — be present at stage 1. Attend the employer investigation when the Act allows. Take neutral notes: times, names, hazard as member described it.
• During — separate OHSA and grievance notes. If a grievance may follow, start a separate file. Do not mix “the supervisor is always like this” into the inspector timeline.
• After — close the file. Write outcome: resumed work, alternate task, inspector order, or ongoing stage 2. Attach pay confirmation and any ministry documentation.
• After — debrief without names. Stewards' council debrief on lessons — ventilation, SDS, reassignment — without identifying the member on a public board.