Know The Laws Of Your Province: When Does a Worker Have the Right to Refuse Dangerous Work?
Anne Diorelle
Posted On June 9, 2018
Content
While the right to refuse dangerous work is universal across, the rules governing when a refusal is justified vary slightly by province. In all cases, the fear of danger prompting the refusal must be not only genuine but also reasonable. The key differences:
- Whether the safety concern extends beyond the refusing worker’s personal health and safety to include the health and safety of third parties;
- Who those third parties are—co-workers or any third person;
- Whether the OHS laws expressly say (or just imply) that refusal rights don’t apply to dangers that are a normal part of the job;
- Whether they expressly ban refusals that immediately endanger others.
REFUSAL TRIGGERS ACROSS CANADA
| Jurisdiction | Workers May Refuse Work | Exceptions/Restrictions |
| Federal
[Canada Labour Code, Sec. 128] |
Employee may refuse work if he/she has reasonable cause to believe that:
*Use or operation of machine or thing endangers himself/herself or another employee; *A workplace condition endangers him/her; or *Performing an activity endangers himself/herself or another employee |
Refusal not allowed if:
*It puts another person’s life, health or safety in direct jeopardy; or *The danger prompting refusal is a normal condition of employment |
| Alberta
[OHS Act, Sec. 31(1)] |
If worker believes on reasonable grounds that:
*There’s a dangerous condition at the work site; or *The work endangers his/her own, or a co-worker or other person’s health and safety |
Refusal right subject to workers’ duty to take reasonable care to protect health and safety of other persons at or in vicinity of work site under Sec. 5(a) of Act |
| BC
[OHS Regs., Sec. 3.12(1)] |
A person must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if he/she has reasonable cause to believe that doing so would create an undue hazard to the health and safety of any person | |
| Manitoba
[WSH Act, Sec. 43(1)] |
Worker may refuse to work that he/she believes on reasonable grounds is a danger to his/her own or another worker or person’s safety or health | |
| New Brunswick [OHS Act, Sec. 19] | Employee may refuse to do any act that he/she has reasonable grounds for believing is likely to endanger his/her own or any other employee’s health or safety | |
| Newfoundland
[OHS Act, Sec. 45(1)] |
Worker may refuse to do work that he/she has reasonable grounds to believe is dangerous to his/her own or another person at the workplace’s health and safety | |
| Nova Scotia,
[OHS Act, Secs. 43(1) and (9)] |
Employee may refuse to do any act that he/she has reasonable grounds for believing is likely to endanger his/her own or any other person’s health or safety
|
Employee may not refuse to work or use or operate a machine if:
*The refusal puts the life, health or safety of another person directly in danger; or *The danger prompting the refusal is inherent to the employee’s work |
| Ontario,
[OHS Act, Secs. 43(1)-(3)] |
Worker may refuse to work if he/she has reason to believe that:
*Any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself/herself or another worker; *The physical condition of the workplace is likely to endanger himself/herself; *Workplace violence is likely to endanger himself/herself; or *Any equipment, machine, device or thing the worker is to use or operate or the physical condition of the workplace violates the OHS Act or regulations so as to endanger himself/herself or another worker |
No refusal allowed if:
*It would directly endanger another person’s life, health or safety; *The danger prompting refusal is inherent in work or a normal condition of worker’s employment; *The worker is a police officer, firefighter, correctional officer; or *The worker is employed in operating a/an hospital, sanatorium, long-term care home, psychiatric institution, mental health centre, rehab facility, residential group home or facility for persons with behavioural or emotional problems or disabilities, ambulance service, first aid clinic or station, laboratory operated by the Crown, or laundry, food service, power plant or technical service or facility used in conjunction with an institution, facility or service |
| Prince Edward Island
[OHS Act, Sec. 28(1)] |
Worker may refuse to do an act he/she has reasonable grounds for believing is likely to endanger his/her own or another worker’s occupational health or safety | |
| Quebec
[OHS Act, Secs. 12 and 13] |
Worker may refuse to perform work he/she has reasonable grounds to believe would expose his/her own or another person’s health, safety or physical well-being to danger | Refusal not allowed if:
*It puts the life, health, safety or physical well-being of another person in immediate danger; or *The conditions under which the work is to be performed are ordinary conditions in his/her kind of work |
| Saskatchewan
[Sask. Employment Act, Sec. 3-31] |
Worker may refuse to perform any act(s) he/she has reasonable grounds to believe is/are unusually dangerous to his/her own or any other person’s health or safety | |
| Northwest Territories & Nunavut [Safety Act, Sec. 13(2)] | Worker may refuse to do any work if he/she has reason to believe that:
*There’s an unusual danger to his/her health or safety; *Carrying out the work is likely to create an unusual danger to his/her own or another person’s health or safety; or *The operation of any tool, appliance, machine, device or thing is likely to create an unusual danger to his/her own or another person’s health or safety |
Section 13. (1) defines “unusual danger” as:
*A danger that does not normally exist in that work; or *A danger under which a person engaged in that work would not normally carry out his/her work |
| Yukon
[OHS Act, Secs. 15(1) and (5)] |
Worker may refuse work if he/she has reason to believe that:
*The use or operation of a machine, device or thing constitutes an undue hazard to himself/herself or any other person; or *A condition in the workplace constitutes an undue hazard |
Refusal not allowed if:
*It puts the life, health, safety or physical well-being of another person in immediate danger; or *The conditions under which the work is to be performed are ordinary conditions in that kind of work |
