Education Workers in Ontario:
Your Legal Right to Refuse Unsafe Work
You cannot be disciplined for following this process (OHSA – Part VI)
You will be paid during the process (OHSA – Part V-(13))
You must have reason to believe that the physical condition of the workplace is likely to endanger you
Teachers must protect students from immediate threats (Reg 857). If students are already in a classroom, teachers have an obligation to make sure they are safe. However, if unsafe work is apparent ahead of time, teachers can report work refusal and the Principal would need to ensure student safety.
2) Report refusal to Principal/Supervisor and Health & Safety Officer
A worker must inform the Principal or Site Supervisor that they are refusing to work and which circumstances are unsafe. As soon as unsafe work is apparent, you can refuse work, even if it is ahead of school starting.
3) Stay in a safe place near your workplace
You must stay nearby in a safe space so your employer can contact you easily after the investigation (for example, in the workplace parking lot).
4. Wait for the initial investigation
The Principal or Supervisor must investigate the immediately with you, or a joint health and safety committee member who represents workers, or a Health and Safety Officer/Representative, or another worker who has been chosen by workers to represent them.
5) If you disagree with the decision, contact the Ministry of Labour
Ministry of Labour – Health and Safety Contact Centre 1 877 202 0008
Tell them that you have refused unsafe work. Your Principal or Supervisor and Health and Safety Officer have deemed it safe but you have “reasonable grounds” to believe work is still unsafe.
6) Wait for MOL Inspector investigation and decision
While waiting for inspector to investigate, another worker can do your work that was refused, but they must be told that the work was refused and why. The second worker has the right to refuse work as well.
7) Follow MOL Inspector's decision
You may not be paid and could face discipline if you continue to refuse work after this step. ployer and/or the worker can appeal the inspector’s decision within 30 days.
