Right to refuse unsafe work

• Is someone refusing work right now?. OHSA s.43 applies when a worker has reason to believe that equipment, the physical condition of the workplace, or workplace violence is likely to endanger them. For equipment and for contraventions of the Act, the danger can also be to another worker. Follow the refusal stages in this guide: report, stay available, stage 1 investigation, then a stage 2 inspector if needed.
• Is this a hazard to fix, not a live refusal?. The JHSC inspects, recommends, and tracks hazards under the internal responsibility system. A member can report through the JHSC without refusing work. Once they refuse, the s.43 clock runs separately from committee meetings.
• Is this really a collective agreement or discipline issue?. Forced overtime, bullying, or violations of the collective agreement (CA) 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 the files separate: OHSA notes with times and witnesses, and grievance facts with CA articles.

• 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. Section 43(1) and (2) limit the right for police, firefighters, correctional workers, and workers in hospitals, long-term care homes, group homes, ambulance services, and related labs and services. They cannot refuse when the danger is a normal part of the job or when refusing would directly endanger someone else. Check the current OHSA text and ministry materials before you advise these 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.

• Report to the supervisor or employer. The worker promptly reports the circumstances: what task, what hazard, and 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 the workplace without notice can be treated as abandonment, so confirm local practice with your president.
• Accompany where the Act allows. The employer must investigate in the presence of the worker and one of these people, if there is one: a JHSC worker member, a health and safety representative, or a worker the union selects for their knowledge, experience, and training. A steward attends as of right only when the union has selected them for that role, so settle who that is before the meeting starts.
• The employer investigates with the worker present. The employer investigates with the worker and worker representative present. Take notes on the start time, who attended, the hazard described, and any interim controls offered.
• Steward notes for the local file. Record the member's exact words about the hazard, photos if it is safe to take them, the safety data sheets (SDS) for any chemicals, and whether the employer stopped work or offered alternate tasks.
• If it is resolved, write it down. If the danger is fixed or the worker agrees it is resolved, work may resume. Write down the outcome: who said what, what changed, and the date and time. Do not rely on a verbal “it's fine now.”

• 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 someone acting for either of them must have an inspector notified. Stewards, find out how to contact the ministry before the shift, so you do not lose hours searching in the middle of a refusal.
• Inspector investigates. The inspector investigates, decides whether the circumstance is likely to endanger the worker or another person, and gives the decision in writing. Stay factual. Provide times, witnesses, and documents, not advocacy speeches.
• What stewards record. Record the inspector's name and badge if shown, the arrival time, who was interviewed, any orders or directions given, and whether work resumed. Photograph 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 one.

• Inform the next worker. While the inspector’s investigation and decision are pending, no other worker may be assigned the refused work unless they are told about the refusal and the reasons for it. That must happen in the presence of a JHSC worker member, a health and safety representative, or a worker the union selects. A silent reassignment gives the next person the same hazard without their knowing.
• Pay for the worker who refuses. The ministry’s guide says the worker is at work during stage 1 and is paid at the appropriate rate. Neither the Act nor the guide says the same for stage 2, when the employer may assign reasonable alternative work, so check your CA and ask your local officers. Track pay from the first shift, so you 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.

• Document everything tied to the refusal date. Write down discipline, schedule changes, harassment, exclusion from shifts, or “performance” meetings that happen within days of the refusal. Record dates, names, and exact words.
• Same-day escalation. Take an alleged reprisal to the local president and the union health and safety representative 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. Under OHSA s.50, a worker can take a reprisal either to arbitration under the CA or to the Ontario Labour Relations Board. It is one route or the other. Choose it with your local officers the same week. “We filed a grievance” is not an excuse to delay a reprisal response.

1. 1. Shift start: the hazard appears

   The member reports dizziness and fumes to the supervisor at 09:15. The steward arrives by 09:30. The member stays in the hallway, available but not on the task.

2. 2. Stage 1: employer investigation (same day)

   The supervisor, a JHSC worker member, and the steward meet at 10:00. The employer offers a different rag and an open door. The member says the danger persists without ventilation and a review of the SDS for compatibility. Notes are taken, and the SDS is photographed.

3. 3. Stage 2: inspector called (same day)

   The member still refuses at 11:00. The JHSC worker member notifies the ministry. The inspector arrives in the afternoon, interviews the member and the supervisor, and orders a ventilation check before work resumes.

4. 4. Reassignment: another worker is not informed

   At 14:00 a temporary worker is sent to finish the room without being told of the refusal. The steward documents this, informs the temporary worker, and adds a note to the inspector file.

5. 5. Follow-up: pay and board

   The member is paid for the shift. The local posts a pocket-card QR code with the s.43 steps and JHSC contacts. Watch for reprisal over the following weeks, and check that no discipline entries are tied to the refusal date.

• Before: know the path. Read the s.43 summary, the JHSC contacts, and the ministry notification route before your next shift, not after the member calls.
• Before: pocket card on the board. Post the QR pocket card preset with the stage 1 and 2 steps. Link it to the live OHSA text on e-Laws.
• During: be present at stage 1. Attend the employer investigation when the Act allows. Take neutral notes: times, names, and the hazard as the member described it.
• During: keep OHSA and grievance notes separate. 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 the outcome: resumed work, alternate task, inspector order, or ongoing stage 2. Attach the pay confirmation and any ministry documentation.
• After: debrief without names. Debrief the stewards' council on the lessons (ventilation, SDS, reassignment) without identifying the member on a public board.

Opens QR Link Cards with the Ontario right-to-refuse procedure preset. Print the PNG or PDF for wallets or boards.