Right To Refuse Unsafe Work, Procedure, And Provincial Guidelines During COVID-19

For the most part, all provinces within Canada follow a similar procedure relating to an employee's right to refuse unsafe work. The below list is a number of common steps required, country-wide:

1. Tell your supervisor about what is unsafe about your work. This is a required step and failure to do so before escalating the matter further may be detrimental and/or further complicate the resolution your complaint.
2. The supervisor must then respond to your concerns, and, if in agreement, must take corrective action(s) to resolve the matter. If your supervisor disagrees with you, they should explain why they disagree.
3. If you are not satisfied with your supervisor's action(s) and your workplace has a health and safety committee or representative, advise them of your concerns. They can conduct an investigation on your behalf and provide a decision on their findings. If they agree with you, they can make recommendations to your employer to take corrective measures to remedy the unsafe situation.
4. If you are not satisfied with the committee or representative's action(s) or if there is no committee/representative, you can contact a health and safety officer in your jurisdiction who can investigate your concern. If the officer disagrees with you, the officer will advise you to return to work.
5. If you disagree with the officer's decision, you have a right to appeal with your jurisdiction.
6. The employer has the right to temporarily reassign you to perform other work while the investigation is being conducted.
7. An employer may also assign another worker to perform the work, but only after advising the other worker of the work refusal and the reasons.
8. At all times during a work refusal process, workers can document their concerns regarding the dangerous situation or condition, persons they have spoken to, and the outcome of any conversations.

Originally published by MacDonald & Associates, on June 2020

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.