Unsafe Work (The Right to refuse unsafe work)

What is unsafe work?

Unsafe work is work that would put a person's health, safety and well being in danger.

Can I refuse to do unsafe work?

A worker has the right to refuse work that she or he believes might endanger herself or himself, or endanger another person. That other person can be a worker, someone who's not a worker, or someone who's not even at the workplace - for instance, a child at home. Québec's Act Respecting Occupational Health and Safety explains this.

The Act Respecting Occupational Health and Safety also explains that a pregnant or nursing worker can stop doing her work, if she believes it might be dangerous to herself, the foetus, or the nursing child. Click here for more information.

When can't I refuse unsafe work?

A worker can't refuse unsafe work when the refusal puts the life, health or safety of another person in immediate danger. Nor can a worker refuse unsafe work when those unsafe work conditions are ordinary for that kind of work.

What's the proper procedure if I'm going to refuse unsafe work?

1. Report and remain on site for the joint investigation

The worker's priority is reporting immediately to the supervisor the refusal to work and the related safety concerns. Remaining on site for the shift, while taking every measure to report the refusal minimizes complications down the road.

After the worker reports the refusal, the work is investigated together by the supervisor and

the worker safety representative, or

a union member, if there is no worker safety representative, or if she or he is not available, or

a worker chosen by the refusing worker if the refusing worker's not part of a union.

On the joint investigation, the supervisor explains how the work is to be fixed.

Another investigation takes place if the refusing worker or worker safety representative still believes that the work is unsafe.

2. Inspector's investigation

For a second investigation, the refusing worker, the worker safety representative or the employer can call a government inspector at the Commission de la santé et de la securité du travail. Get phone numbers of the Commission inspectors in the various regions of Québec from the CSST web site.

The inspector investigates the work, and finding it safe, can have the worker return to work. The inspector might have the work fixed, first. The inspector's decision is delivered in writing to the refusing worker, the worker on the joint investigation, and the supervisor.

If the worker is in disagreement with the inspector's decision, the worker can have it reviewed by the Commission.

Will I be paid while I refuse to work?

Yes. Until the refusal is resolved, the employer can assign the worker to other, temporary work, without a loss in pay or benefits.

Can my supervisor assign the refused work to another worker?

Another worker can be assigned to do the refused work if the joint investigation finds that the work is dangerous only to the refusing worker. But if the joint investigation finds that the work is not dangerous to anyone, and the refusing worker continues the refusal, then the work can't be reassigned until after the inspector makes a decision. If the work is reassigned, first the other worker must be told about the work refusal and the reasons for it.

Can I be fired or disciplined for refusing work I believe is unsafe?

Workers' hesitation to use the right to refuse is well grounded, since refusing workers sometimes do get fired or disciplined. Following the steps of the refusal procedure helps a refusing worker to protect her or his job. Still it's illegal for a supervisor or manager in Québec to dismiss or discipline a worker for refusing work she or he believes is dangerous.

A unionized worker who suspects that she or he has been fired or punished for refusing unsafe work has the right to use the grievance procedure under a collective agreement. A worker who's not a union member has the right to make a complaint to the Commission de la santé et de la sécurité du travail. The phone number is 1-800-667-7585, free of charge from anywhere in the province.

Find out more about:

~ Occupational Health and Safety Contacts

~ The rights of a pregnant or nursing worker to refuse unsafe work

Find out more about:

~ Occupational Health and Safety Contacts

~ The rights of a pregnant or nursing worker to refuse unsafe work

Find out more about:

~ Occupational Health and Safety Contacts

~ The rights of a pregnant or nursing worker to refuse unsafe work

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Canadian Labour

Last Updated: 16.01.07