The Right to Refuse Dangerous Work
Any employee subject to Part II of the Code has the right to refuse dangerous work as long as they have reasonable cause to believe that it presents a danger. Specifically the Code states that an employee may refuse in the following circumstances:
- to use or operate a machine that constitutes a danger to the employee or to another employee
- to work in a place
- to perform an activity that constitutes a danger to the employee or to another employee
The Code contains certain exceptions regarding the right to refuse dangerous work. These exceptions include: if the refusal puts the life, health or safety of another person directly in danger; or, the danger in question is a normal condition of employment.
The Occupational Health and Safety Act (OHSA)
43 (3) gives a worker the right to refuse work that he or she believes is unsafe to himself/ herself or another worker. A worker who believes that he or she is endangered by workplace violence may also refuse work.