If you believe your work is dangerous, Ontario law gives you the right to stop — without fear of losing your job. This is one of the most important but least understood rights in the workplace.
Under Ontario’s Occupational Health and Safety Act (OHSA), every worker has the legal right to refuse work they believe is unsafe — for themselves or for someone else.
This right applies to every worker in Ontario regardless of:
- How long you have worked there
- Whether you are full-time, part-time, or temporary
- Your industry or type of work
What Counts as Unsafe Work
You can refuse work if you have reason to believe:
- The equipment or machinery you are using is likely to endanger you
- The physical condition of the workplace is dangerous
- Workplace violence is likely to occur
- Any other situation exists that is likely to endanger you or a coworker
You do not need to prove the danger with certainty. A genuine, reasonable belief is enough to trigger the right.
How the Refusal Process Works
Ontario law sets out a clear step-by-step process:
Tell your supervisor or employer that you are refusing the work and why. Stay in a safe place nearby while the situation is investigated.
Your employer must investigate the concern in your presence and with a worker health and safety representative or committee member present.
If your employer decides the work is safe and you still disagree, you can continue your refusal.
At this point, either you or your employer can call the Ministry of Labour. An inspector will investigate and make a decision that is binding on both parties.
Your Pay During a Refusal
While you are refusing unsafe work and waiting for the investigation, you must continue to be paid. Your employer cannot send you home without pay simply because you have raised a safety concern.
What Your Employer Cannot Do
This is critical. Your employer cannot:
- Fire you for refusing unsafe work
- Threaten, discipline, or penalize you in any way
- Assign the refused work to another worker without telling them why it was refused
Any of these actions is a violation of the OHSA and can be reported to the Ministry of Labour.
Exceptions — When the Right Does Not Apply
The right to refuse does not apply if:
- The danger is a normal condition of your job — for example, a police officer or firefighter cannot refuse work simply because it involves inherent risk
- The refusal would put another person’s life or safety at risk directly
These exceptions are narrow. If you are unsure whether they apply to your situation, get advice.
What To Do
1/ Stop the work and notify your supervisor immediately — in writing if possible.
2/ Stay nearby in a safe location — do not leave the workplace unless told to.
3/ Document the hazard — take notes, photos if safe to do so, and record who you spoke to and when.
4/ If unresolved — request Ministry of Labour involvement without hesitation.
5/ If you were punished for refusing unsafe work, contact an employment lawyer. You have strong legal protections and your employer has crossed a clear legal line.
The bottom line: Your safety is not negotiable. Ontario law gives you the right to stop unsafe work — and protects you from punishment for doing so. If your employer retaliates, that is not the end of the story. It is the beginning of a legal claim.
