THE TWO STAGES OF A WORK REFUSAL

You don't have to do work or use anything you consider unsafe. Any worker who thinks that a piece of equipment or an activity is unsafe to himself/herself or another worker may refuse to use that equipment or do that activity. You do not have to make a formal or official announcement. Simply stating that something is unsafe is enough to start the work refusal process.
FIRST STAGE

1. Worker considers work unsafe.

A worker may refuse to work or do particular work where he or she has reason to believe that,
  • (a)  any equipment, machine, device or thing the worker is to use or operate is likely to endanger himself, herself or another worker;
  • (b)  the physical condition of the workplace or the part thereof in which he or she works or is to work is likely to endanger himself or herself;
  • (b.1)  workplace violence is likely to endanger himself or herself; or
  • (c)  any equipment, machine, device or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contravention is likely to endanger himself, herself or another worker.  R.S.O. 1990, c. O.1, s. 43 (3); 2009, c. 23, s. 4 (2).

2. Worker reports refusal to his/her supervisor or employer. Worker stays in safe place.

Upon refusing to work or do particular work, the worker shall promptly report the circumstances of the refusal to the worker’s employer or supervisor who shall forthwith investigate the report in the presence of the worker and, if there is such, in the presence of one of,
  • (a)  a committee member who represents workers, if any;
  • (b)  a health and safety representative, if any; or
  • (c)  a worker who because of knowledge, experience and training is selected by a trade union that represents the worker, or if there is no trade union, is selected by the workers to represent them, who shall be made available and who shall attend without delay.  R.S.O. 1990, c. O.1, s. 43 (4).

3. Employer or supervisor investigates in the presence of the worker and the worker safety representative.


4. Either:
  1. Issue resolved. Worker goes back to work.
  2. Issue not resolved. Proceed to the second stage
SECOND STAGE

1. With reasonable grounds to believe work is still unsafe, worker continues to refuse and remains in safe place. Worker or employer or someone representing worker or employer calls MLTSD.

Where, following the investigation or any steps taken to deal with the circumstances that caused the worker to refuse to work or do particular work, the worker has reasonable grounds to believe that,
  • (a)  the equipment, machine, device or thing that was the cause of the refusal to work or do particular work continues to be likely to endanger himself, herself or another worker;
  • (b)  the physical condition of the workplace or the part thereof in which he or she works continues to be likely to endanger himself or herself;
  • (b.1)  workplace violence continues to be likely to endanger himself or herself; or
  • (c)  any equipment, machine, device or thing he or she is to use or operate or the physical condition of the workplace or the part thereof in which he or she works or is to work is in contravention of this Act or the regulations and such contravention continues to be likely to endanger himself, herself or another worker,
  • the worker may refuse to work or do the particular work and the employer or the worker or a person on behalf of the employer or worker shall cause an inspector to be notified thereof.  R.S.O. 1990, c. O.1, s. 43 (6); 2009, c. 23, s. 4 (4).

2. MLTSD Inspector investigates in company of worker, safety representative and supervisor or management representative.
  • An inspector shall investigate the refusal to work in consultation with the employer or a person representing the employer, the worker, and if there is such, the person mentioned in clause (4) (a), (b) or (c).  2001, c. 9, Sched. I, s. 3 (11).

3. Inspector gives decision to worker, management representative/supervisor and safety representative in writing.
  • The inspector shall give his or her decision, in writing, as soon as is practicable, to the employer, the worker, and, if there is such, the person mentioned in clause (4) (a), (b) or (c).  R.S.O. 1990, c. O.1, s. 43 (9).

4. Changes are made if required or ordered. Worker returns to work.


5. Pending the MLTSD investigation:
  • The refusing worker may be offered other work if it doesn't conflict with a collective agreement
  • Refused work may be offered to another worker, but management must inform the new worker that the offered work is the subject of work refusal. This must be done in the presence of:a member of the joint health and safety committee who represents workers; or
  • a health and safety representative, or
  • a worker who because of his or her knowledge, experience and training is selected by the trade union that represents the worker or, if there is not trade union, by the workers to represent them.

Question Title

Image

Question Title

* 1. Please enter your first and last name.

Question Title

* 2. You don't have to do work or use anything you consider unsafe. 

Question Title

* 3. Who must a worker report their refusal to first?

Question Title

* 4. A work refusal inspection must be done in the presence of...

Question Title

* 5. (OPTIONAL) Any questions/comments/concerns for the Safety Team?

T