Right To Refuse Unsafe Work

The Right to Refuse Unsafe Work Procedure is a legislated protection embedded in occupational health and safety law across all Canadian jurisdictions and OSHA-regulated workplaces. This policy ensures that any worker who believes performing a specific task would create an undue risk to themselves, a co-worker, or the public may stop work and initiate a formal refusal without fear of discipline, reprisal, or retaliation. The procedure establishes clear steps — from the initial refusal notification to supervisor investigation, potential work reassignment, and escalation to the joint health and safety committee (JHSC) or regulatory authority if unresolved. This document applies to all employees, contractors, and subcontractors performing work on company premises or under company direction.

This policy applies to every worker engaged in any work activity under the operational control of the company, including full-time, part-time, temporary, seasonal, and contract personnel. It covers all worksites — shops, yards, remote installations, client sites, and mobile operations. Supervisors, forepersons, and site leads are obligated to facilitate the refusal process without delay and ensure no worker is coerced, threatened, or penalized for exercising this right in good faith. This procedure does not apply to situations where the danger is a normal condition of employment (e.g., firefighters entering a burning structure) or where the refusal is deemed frivolous or bad faith under regulatory definition.

• RULEAny worker who believes that performing an assigned task would create an undue hazard to themselves or others must immediately stop work and report the refusal to their direct supervisor. The worker remains at the workplace but is not required to perform the refused task.
• RULEThe supervisor must investigate the refusal within one hour of notification, in the presence of the worker and a JHSC representative or worker delegate. A written incident report (Form RTR-01) must be completed and filed with the safety department.
• REQIf the danger is remediated to the worker's satisfaction and the supervisor documents the corrective action, the worker may resume work. If the worker still believes the work is unsafe, the refusal escalates to the Joint Health and Safety Committee (JHSC) for a formal investigation within 48 hours.
• REQZero retaliation: The company strictly prohibits any disciplinary action, reduced hours, reassignment to lower-paying duties, or any form of reprisal against a worker who exercises this right in good faith. Any supervisor found violating this protection faces corrective action up to and including termination.
• REQAll refusal incidents must be logged in the corporate safety management system within 24 hours. Quarterly summaries must be reviewed by the senior leadership team and the JHSC for trend analysis.

• Worker: The right and responsibility to refuse unsafe work in good faith; must immediately notify supervisor; must remain available for investigation; may propose alternative safe work.
• Supervisor / Foreperson: Must respond immediately, conduct the initial investigation in the presence of a worker representative, document findings, and implement corrective action or escalate to JHSC.
• Joint Health and Safety Committee (JHSC): Investigates unresolved refusals within 48 hours; may issue work stoppage orders; recommends systemic corrective actions to prevent recurrence.
• Safety Department / H&S Coordinator: Maintains all refusal records, ensures regulatory reporting timelines are met, delivers annual training on the right to refuse, and audits compliance with this procedure.
• Senior Leadership: Ensures adequate resources for hazard remediation, enforces the non-retaliation clause, and reviews quarterly incident summaries to drive continuous improvement.