Limits on Right to Refuse Unsafe Work
KNOW THE LAWS OF YOUR PROVINCE
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LIMITS ON RIGHT TO REFUSE UNSAFE WORK Under the OHS laws in each jurisdiction, workers may NOT refuse unsafe work: |
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RELEVANT LAW |
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| FED | 1) If the refusal puts the life, health or safety of another person directly in danger; or2) The danger is a normal condition of employment [Sec. 128(2)]. | Canada Labour Code |
| AB | If the danger is normal for that occupation [Sec. 35(2)(a)]. | OHS Act |
| BC | No specified limits on refusal right. | OHS Reg. |
| MB | No specified limits on refusal right. | Workplace Safety and Health Act |
| NB | No specified limits on refusal right. | OHS Act |
| NL | No specified limits on refusal right. | OHS Act |
| NT/NU | If the danger normally exists in that work [Sec. 13(1)(a)]. | Safety Act |
| NS | 1) If the refusal puts the life, health or safety of another person directly in danger; or2) The danger is inherent in the employee’s work [Sec. 43(9)]. | OHS Act |
| ON | 1) When the danger is inherent in the worker’s work or is a normal condition of the worker’s employment; or2) When the worker’s refusal to work would directly endanger the life, health or safety of another person [Sec. 43(1)].Note: The above limits apply only to workers designated in Sec. 43(2). | OHS Act |
| PE | No specified limits on refusal right. | OHS Act |
| QC | 1) If the refusal to perform the work puts the life, health, safety or physical well-being of another person in immediate danger; or2) if the conditions under which the work is to be performed are ordinary conditions in this kind of work [Sec. 13]. | OHS Act |
| SK | No specified limits on refusal right. | OHS Act |
| YT | 1) If the refusal to perform the work puts the life, health, safety or physical well-being of another person in immediate danger; or2) If the conditions under which the work is to be performed are ordinary conditions in that kind of work [Sec. 15(5)]. | OHS Act |