Right to refuse unsafe work
A worker's legal right to refuse a task they reasonably believe is dangerous, without being punished, while the employer investigates and fixes it.
Also called: work refusal, right to refuse dangerous work
What right to refuse unsafe work means
The right to refuse unsafe work lets a worker stop doing a task they have reasonable grounds to believe is dangerous to themselves or someone else. While the concern is looked into, it is against the law to punish the worker, or threaten to punish them, for using this right.
It is one of the core rights in Canadian workplace safety law, alongside the right to know about hazards and the right to take part in safety through a committee or representative. It is meant to stop injuries before they happen, by giving the person closest to the danger a way to pause the work.
The test is reasonable grounds, not certainty. A worker does not have to prove the work is dangerous. They need an honest belief based on something real, such as a missing guard, a frayed cord, a strong chemical smell, a ladder that wobbles or a threat from a customer.
How it works
The steps differ in detail by province, but the pattern is similar. First, the worker tells their supervisor or you that they are refusing and why. You look into it right away, usually with the worker present, and with a committee member or health and safety representative where you have one. If you fix the problem or show it is safe and the worker agrees, work restarts.
If the worker still believes the work is dangerous, the next step is usually to call the provincial safety regulator. An inspector investigates and decides. While waiting, you can generally give the worker other safe work. If you ask another worker to do the refused task, you must tell them about the refusal and the reason first.
Never punish a worker for a good-faith refusal. Reducing their hours, moving them to worse shifts, threatening their job or making comments to other staff can all be treated as a reprisal, and safety regulators can order remedies.
The right has limits. A worker may not be able to refuse when the danger is a normal condition of the job, or when not doing the task would directly put someone else's life, health or safety in danger. Check your province's rules for exceptions. Write down each refusal: what was raised, who looked into it, what you found and what you changed. That record helps you fix patterns and shows you responded.
Right to refuse unsafe work by province
Workers in every province and territory, and federally regulated workers under the Canada Labour Code, have a right to refuse unsafe work. The steps for resolving a refusal, who must be involved and whether the worker is paid during it differ slightly from one jurisdiction to another.
| Where the work is done | The rule |
|---|---|
| Ontario | A two-stage process. First, the employer or supervisor investigates with the worker and a worker safety representative present, while the worker stays in a safe place near their workstation. If the worker still has reasonable grounds to believe the danger continues, the worker or employer calls a ministry inspector, who decides in writing. Another worker asked to do the refused work must be told about the refusal and why. Some workers, such as police, firefighters and some health care workers, have limited refusal rights. The ministry's view is that the worker is at work, and paid, during the first stage. |
We have not yet confirmed the step-by-step process in other provinces; check your provincial safety regulator.
Example: A wobbly ladder at a paint store
Ben manages a paint and décor store in Winnipeg with 8 staff. A stock clerk refuses to use the tall ladder to reach the top racks, saying one foot is cracked and the ladder shifts. Ben sees the crack and agrees.
He tags the ladder out of service, asks the clerk to price new stock at the counter in the meantime, and orders a replacement. He does not ask anyone else to use the cracked ladder. He notes the refusal, the fix and the date in the store's safety log, and thanks the clerk at the next team meeting for raising it.
Onboarding checklists in Staffkin
Add a short 'your safety rights' step to your Staffkin onboarding checklist so every new hire knows how to raise or refuse unsafe work.
Start freeFree tools and guides for this
Questions about right to refuse unsafe work
Can I fire an employee for refusing unsafe work?
No. It is against the law to punish or threaten to punish a worker for using the right to refuse. Get advice before taking any action that could look like a reprisal.
Does the worker get paid during a work refusal?
It depends on the province and the stage of the refusal. In Ontario, the worker is paid during the first stage. Many employers assign other safe work in the meantime.
What if I think the work is safe?
Explain why, and fix anything you can. If the worker still refuses, the provincial safety regulator usually decides.
Related terms
Official sources
- CCOHS, Health and safety legislation in Canada: right to refuse
- CCOHS, Health and safety legislation in Canada: three rights of workers
- Government of Ontario, Guide to the Occupational Health and Safety Act, Part V: right to refuse or to stop work
General information for Canadian employers, not legal advice. Rules differ by province and territory and change over time, so check with your provincial employment standards office (or the federal Labour Program if you are federally regulated) before you rely on it. See employment standards by province.
Checked against official sources on 5 November 2026.